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Payroll Tax & Fringe Benefits



We regularly advise clients on their employment tax withholding and reporting obligations under various compensation arrangements, including deferred compensation plans (Code § 3121(v)), qualified plans, fringe benefit programs, and equity-based incentive plans. Our M&A experience includes the payroll tax aspects of combining and separating workforces.

The classification of workers as employees or independent contractors is an area of increasing government scrutiny in which we have had great success representing employers. Our deep familiarity with the common law and statutory standards, including Section 530, has enabled us to successfully defend employers' characterizations on audit.

Recent representative matters include:

  • Advising clients to ease the transition to a new payroll system.
  • FICA restart issues.
  • Appointing agents to handle payroll responsibilities.
  • Tax Reform: Interpreting fringe benefit overhaul enacted in Tax Cuts and Jobs Act, for private employers and exempt organizations.
  • Payments to Contractors: Advising major orchestra on withholding and reporting obligations for payments to artists, both within and outside the US.
  • Corporate Aircraft: Counseling large corporations on use of corporate aircraft for executives and board members.


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