IRS Procedures that May Save you Money

Financial

Many companies are experiencing a downturn in business because of the deepening economic crisis. Corporations suffering in today’s difficult business environment may have an immediate need for funds for various purposes, including continued operations, meeting payroll or complying with credit covenants. Even corporations on solid ground may need funds to take advantage of business opportunities or solidify their base. Grant Thornton LLP has developed the summary document, IRS procedures offer relief to cash-starved businesses, to share information on procedures - already available under the Internal Revenue Code (IRC) - that may allow corporations to receive refunds quickly or defer payment of tax.

“Since tax, in its various forms, is usually one of the biggest overhead costs in business, it is important for corporations to look carefully at how to manage that cost and its impact on cash flow,” said Rob Byrd, Tax partner in Grant Thornton’s Charlotte office. “While the Treasury and Congress have provided relief in the form of new guidance and legislation, corporations should also be aware of what’s already out there to help them. If a corporation qualifies for one of these procedures, there should be no reason to wait to get cash in hand or defer payment. Taking advantage of the administrative relief provided by the Internal Revenue Service can only help to improve liquidity.”

To read Grant Thornton’s IRS procedures offer relief to cash-starved businesses, please go to www.GrantThornton.com/tax.

About Grant Thornton LLP
The people in the independent firms of Grant Thornton International Ltd provide personalized attention and the highest quality service to public and private clients in more than 100 countries. Grant Thornton LLP is the U.S. member firm of Grant Thornton International Ltd, one of the six global audit, tax and advisory organizations. Grant Thornton International Ltd and its member firms are not a worldwide partnership, as each member firm is a separate and distinct legal entity.

In the U.S., visit Grant Thornton LLP at www.GrantThornton.com.

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Workers’ Compensation Subrogation of Administrative Fees and Costs

When a worker covered by workers’ compensation makes a claim against a third party, the workers’ compensation insurance retains the right to subrogate against any recovery from that third party for all benefits paid to or on behalf of a claimant injured at work. When subrogating for more than basic medical and indemnity benefits, the Texas workers’ compensation subrogation statute provides that “the net amount recovered by a claimant in a third‑party action shall be used to reimburse the carrier for benefits, including medical benefits that have been paid for the compensable injury.” TX Labor Code § 417.002.

In fact, all 50 states provide for similar subrogation. However, none of them precisely outlines which payments or costs paid by a compensation carrier constitute “compensation” and can be recovered. The result is industry-wide confusion and an ongoing debate and argument with claimants’ attorneys over what can and can’t be included in a carrier’s lien for recovery purposes.

In addition to medical expenses, death benefits, funeral costs and/or indemnity benefits for lost wages and loss of earning capacity resulting from a compensable injury, workers’ compensation insurance carriers also expend considerable dollars for case management costs, medical bill audit fees, rehabilitation benefits, nurse case worker fees, and other similar fees. They also incur other expenses in conjunction with the handling and adjusting of workers’ compensation claims. Workers’ compensation carriers typically assert, of course, that, they are entitled to reimbursement for such expenditures when it recovers its workers’ compensation lien. Injured workers and their attorneys disagree.

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