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Michael K. Mahoney

Shareholder   |   Morristown, New York

Mike Mahoney is a member of the Employee Benefits and Executive Compensation Practice Group and the Chair of the Payroll Tax and Fringe Benefits Subgroup. He focuses on employment tax matters at both the federal and state levels and strategic tax issues for a global workforce.

Mike advises employers on a multitude of fringe benefit issues including the requirements for exclusion from income. He routinely assists clients in the resolution of payroll audits, working with federal and state authorities to reduce assessments on behalf of employers. In performing due diligence, he provides counsel through mergers and acquisitions to identify and quantify exposure resulting from, among other items, worker misclassification and accountable expense plan failures. He navigates employers through risk mitigation strategies during integration following an acquisition or merger, including the Voluntary Classification Settlement Program.

Mike provides guidance to employers regarding the requirements of the Affordable Care Act, including reporting obligations. He also facilitates the resolution of Affordable Care Act Shared Responsibility Payment Assessments sought by the IRS through 226J Letters, as well as penalties that may be assessed for incorrect or late filings.

Mike provides counsel to numerous multi-national clients with respect to employee and employer tax issues arising from inbound or outbound short-term travel, long-term assignments, and permanent transfers. Such assistance includes the interpretation of international tax treaties, advising on opportunities to utilize totalization agreements, and providing holistic solutions to employers addressing tax obligations for various visa holders.

Mike also instructs employers on their U.S. state and federal tax obligations for employees traveling internationally or interstate, including the identification of compliance and reporting requirements such as Forms 8233, 1042-S, W-2, 941, 940 and state equivalents.

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