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
White Papers
Provided by Personify Health
Further Reading
Auditors sought a single principle for accounting of software costs. But after months of consideration, the Financial Accounting Standards ...
Year-end close is when many finance teams are vulnerable to burnout from a seemingly endless, high-priority to-do list of generating annual...
Believe it or not, there’s still money left on the table for companies that kept workers on their payrolls while struggling to stay a...
Excel is great for summarizing data in tables, charts and PivotTables. Here are a couple of time-saving methods for summarizing data in ...
Finding and securing talent is always at or near the top of CFOs’ list of concerns. Could removing college degree requirements from ...
Despite how important monthly financial close is, many companies still struggle to close their books within one workweek, according to a su...