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Paychex Lists Top Potential Regulatory Changes

December 26 2012

Paychex, Inc., a payroll processing and professional employer organization firm, today announced its list of the top 13 potential regulatory changes that small businesses should know in 2013.

“As we approach the New Year, Paychex wants to help small business owners understand the major regulatory issues that may potentially affect their business, either legislatively or through simple rule modifications,” said Martin Mucci, Paychex president and CEO. “By identifying these top regulatory issues early on, business owners will not only be more informed, but prepared for 2013.”

Top 13 potential regulatory changes, according to Paychex:

  1. Fiscal Cliff — The convergence of several major events at the year-end — known by the term “fiscal cliff” — will impact virtually all businesses and have broader economic implications for the nation unless an agreement is reached. The current payroll tax holiday would expire, as would the lower “Bush-era” federal income tax rates. Mandated federal spending cuts may also have direct or indirect effects on many companies. Capital gains and estate tax rates will increase, dividends will be taxed as ordinary income and several popular current tax credits will end.
  2. Tax Gap — The IRS continues to aggressively look at ways to close the estimated $450 billion gap that exists between taxes expected to be collected and the actual tax owed — the large majority of which is believed to come from underreporting, which includes understating income and overstating deductions.
  3. Healthcare Reform — Large employers (those that filed 250 or more Forms W-2 in the prior tax year) will be required to report the cost of employer-sponsored health coverage on their employees’ 2013 Forms W-2. New in 2013 is the $2,500 limit on an employee’s contribution to a medical flexible spending account as well as the employer’s obligations to withhold and report relative to the additional Medicare tax.
  4. Worker Misclassification — More active enforcement efforts are expected from the IRS and the US Department of Labor in 2013 with regard to the misclassification of workers as independent contractors. Pending legislation at the state and federal levels, as well as executive orders at the state level establishing dedicated task forces to look at this issue, continued throughout 2012. Legislative reform as part of the resolution for the fiscal cliff is also expected to include provisions that would impose harsher financial penalties.
  5. Tax Reform — Among the tax benefits which could get consideration, especially for high earners, are in such traditionally popular areas as the employer contribution to health care premiums, employer and employee retirement plan contributions, mortgage interest deduction, and charitable contributions.
  6. Retirement Savings — The limits for contributions to retirement plans such as 401(k)s will increase in 2013. Legislation may also be introduced to manage the effects of 401(k) “leakage” resulting when employees draw down retirement savings by taking loans and withdrawals from their plans. Separately, Paychex expects that federal policymakers, as well as those in some key states, may consider legislation to address the growing view that many workers are not saving enough for retirement. This could possibly include a mandate that certain employers that do not currently sponsor a retirement plan for their employees withhold a modest amount of a worker’s pay for deposit into a basic, automatically enrolled retirement investment.
  7. National Labor Relations Board Activity — In the wake of President Obama’s re-election, a continued pro-labor focus is expected from this enforcement agency. While broad pro-union legislation is unlikely to pass in the next Congress, Paychex expects the NLRB to seek to adopt rules to expedite the election process and/or further assist unions in their efforts to organize employees.
  8. U.S. DOL Agenda — The Department of Labor’s Wage and Hour Division is expected to pursue an active regulatory agenda with the anticipated release of final regulations for the expanded military family leave under the Federal Family and Medical Leave Act, and a final rule to substantially restrict current minimum wage and overtime exemptions for companionship services and live-in domestics. The DOL may also revive the rule process for “Right to Know” regulations which could require employers to provide written notification of a worker’s status and to deliver required wage statements.
  9. Immigration — Immigration reform is expected to be a top focus in the president’s second term, including efforts by Congress to pass legislation to preempt recent state and local laws. The trend of increased enforcement in the area of Form I-9 audits is likely to continue after a record number of worksite inspections in 2012. The release of a revised Form I-9 is expected in early 2013. The pilot program for E-Verify, the federal government’s Internet-based employment verification tool, was extended for another three years in late 2012. While its use remains voluntary for most of the country, some states have made it mandatory for some or all employers, and other employers may be required to utilize E-Verify under federal regulations.
  10. Consumer Financial Protection Bureau — The Consumer Financial Protection Bureau is likely to play an even more prominent role in overseeing banks and credit unions as well as “non-bank financial institutions” such as mortgage companies, payday lenders, and debt collectors. As these expanded activities evolve, small businesses could see direct or indirect effects on how they interact with their customers and employees, as well as potential changes in their relationships with banks and lenders.
  11. Cyber Fraud — The steady increase in cyber fraud, especially against small businesses that may lack the resources to implement sophisticated security methods, will likely continue to be front of mind in 2013. Federal anti-cyber fraud legislation is a distinct possibility to better protect the nation’s critical infrastructure against hackers and other criminals. Many states are also likely to further expand/strengthen regulations requiring businesses to employ adequate security over confidential personal and medical information.
  12. Business Continuity — Hurricane Sandy reinforced the importance of a sound business recovery and continuity program. Even small businesses should ensure their key vendors have adequate processes to ensure uninterrupted service in the event of extreme weather or other unforeseen circumstances, and have crucial documents maintained at an alternative location for protection and adherence to retention guidelines for materials such as tax returns, business filings, and other financial documents.
  13. FDIC Insurance — Without Congressional action, the current unlimited Federal Deposit Insurance Corp coverage for noninterest-bearing checking accounts will expire in 2013, reverting back to the normal $250,000 per account. The discontinuation of this unlimited federal insurance, enacted as part of the original Dodd-Frank legislation, has led many small businesses — who often use smaller, community banks — to consider shifting their operating funds to the perceived greater safety of larger banks or spreading balances out among multiple institutions, keeping deposits under the $250,000 cap in each.

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