Employers frequently ask whether the portion of an employment-related settlement allocated to attorneys’ fees must be treated as wages and subjected to income and employment tax withholding and Form W-2 reporting where a plaintiff’s claim is based on statute that provides for the recovery of attorneys’ fees (a so-called “fee-shifting statute”). The answer was not entirely clear based on conflicting guidance from the IRS. Fortunately the IRS recently confirmed its view in LAFA 20133501F (July 11, 2013) that where a plaintiff’s claim is based on a fee-shifting statute, the amount of the settlement that is clearly allocated to attorneys’ fees and that is reasonable in amount is not wages for employment tax purposes. READ MORE
Eric Wall, a partner in the San Francisco office, is the global leader of our Tax Department. His practice focuses on corporate and partnership taxation.
Eric counsels private and public companies, including private equity funds, on the tax aspects of their most important business transactions, including domestic and cross-border mergers and acquisitions, investments, joint ventures, and restructurings. In particular, Eric has significant experience with the tax matters most critical to clients in the technology and life science sectors. Eric also has significant experience advising clients on equity and other compensation tax matters, real estate tax matters and tax controversy matters.
Eric began his career at the firm as a summer associate in 2001.