Audit revealed $74K fringe benefits shortfall
An audit can be stressful and costly, especially if problems surface.
One construction and carpentry company recently found that out firsthand, when an audit revealed a fringe benefits shortfall.
In Raines v. Builders Alliance Inc., under the terms of a Collective Bargaining Agreement (CBA), the Minnesota employer needed to make fringe benefit contributions to several funds, including a pension fund.
When the trustees of the funds initiated an audit, they requested the following information from the employer:
- fringe benefits reports
- state quarterly unemployment reporting forms
- 941 forms
- W-2 and W-3 forms
- 1099 forms
- payroll summaries
- employee earning summaries, and
- paystubs.
Turned out, the audit showed the company didn’t remit contributions for a significant number of hours that employees worked. Plus, the company failed to make contributions on behalf of a subcontractor’s employees.
So, the auditor sent an invoice to the company for $74,065.53 in unpaid fringe benefit contributions. The company argued in court that it owed less than that, but lost.
When laws overlap
A word of caution: An employer subject to a CBA, the Davis-Bacon Act, ERISA and other laws may face overlapping or similar requirements involving fringe benefits.
To make the situation more challenging, the rules can, and do, change quickly. One recent example: When the Taxpayer Certainty and Disaster Tax Relief Act of 2020 became law, that allowed employers to do away with the use-it-or-lose-it aspect of flexible spending arrangements.
Remember, a company that may follow certain laws to a T isn’t off the hook for violations of other laws.
Free Training & Resources
Further Reading
Companies seeking accountants to replace or reinforce their workforces will continue to find themselves stuck between a rock and a hard pla...
The Internal Revenue Service (IRS) has released the Affordable Care Act (ACA) affordability update for 2027, giving employers a new figure ...
You can’t be too careful out there! Fraud is a risk in every area of finance — even the auditor hired to analyze data and file ...
It’s December, and month-end still isn’t closed. Day six drags on with bank recs unfinished and support scattered across spreadsheets w...
An Excel database is perfect for organizing — and clearly seeing — financial data. A database includes a series of records ...
Brace yourself: About a third of accountants are making multiple errors every week. Fifty-nine percent are goofing up on a monthly basis, i...