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 →