Employment Taxes

With decades of experience, including government service, our team is ready for whatever employment tax challenges you may have.

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We work collaboratively with our Littler colleagues to provide holistic, proactive solutions and not just siloed responses.

We help employers of all sizes and industries maneuver through the increasingly complex federal, state and local employment tax rules, whether dealing with the tax consequences of settlements, garnishments and levies, establishment of new fringe benefits, or proper withholding on foreign citizens with U.S. work visas. 

Our goal is to help our clients meet business objectives while remaining compliant, working to solve employment tax problems effectively in the face of often competing interests. We also routinely represent clients in disputes with state tax agencies and the IRS with our eye focused on the best possible outcome for our clients. 

 

Key Capabilities

  • We defend clients against federal and state audits for employment-related taxes, including unemployment insurance taxes, income tax withholding, Social Security and Medicare taxes and state disability insurance taxes.

  • We counsel on the proper status of workers as employees or independent contractors and drafting employment and independent contractor agreements.

  • We provide due diligence on employment tax issues facing employers undergoing mergers, acquisitions and reorganizations.

  • We work with foreign companies that are entering the United States to do business and need to hire a new workforce.

  • We advise employers on the tax implications of various employer-provided benefits, such as transportation, meals and lodging, and gifts for employees.

  • We litigate employment tax disputes before the IRS, state administrative agencies and in state and federal court.

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Advice and Counsel

We advise clients on a wide variety of employment tax issues, such as the tax consequences of new fringe benefits, settlements, judgments and leave cash out plans, as well as withholding errors and the best approach to dealing with taxes on recouped overpaid wages for employees in multiple states.

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Business Restructuring

We advise on a range of employment tax issues associated with M&A activity to minimize unnecessary tax-related impacts. This can include determining whether:

  • There are employment tax-related risk issues in due diligence;
  • A transaction qualifies for successor employer tax treatment; or
  • FICA needs to restart.
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Audits, Administrative Proceedings and Court Litigation

We have handled thousands of state and federal employment tax audits and administrative employment tax proceedings for clients, as well as tax litigation in state and federal courts. This experience allows our team to focus on the issues that really matter when it comes to handling these kinds of proceedings efficiently.

Related Focus Areas

Let us know how we can help you navigate your employment tax-related workplace legal issues.

Related Topics