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The Future of Tax & Legal – Embracing Change with Confidence

Businessperson Calculating Invoice

Tax and legal professionals today face increasing complexity, risk, and ambiguity as technology, regulatory and business transformation converge. It’s easy to feel overwhelmed by the change and the infinite number of strategic options. But embracing this change is manageable with the right tools and the right partner.

Deloitte is helping clients navigate this increasingly complex, digital world by leveraging the combined strength of our technology capabilities from our Consulting and Tax & Legal practices, and by placing a continued emphasis on technology investment and skills development to prepare talent to meet the evolving needs of the business.

Harnessing Technology to Adapt to Change

Businesses in all sectors and regions are experiencing the opportunities and challenges that come with the immense changes of the Fourth Industrial Revolution. Even the most traditional business areas, such as tax and legal, are not immune. Technologies are disrupting business as we know it and in response, global tax and legal systems must transform and adapt to keep pace with these new business concepts and models. And organizations need to invest in their tax and legal departments to ensure they can operate confidently and effectively while minimizing risk.

Tax departments are tasked with executing flawlessly at a fundamental level: Ensure compliance, know the regulations and their implications, be precise, account for all the data, stay ahead of risk, and predict outcomes. And they are asked to do it all in an environment of exponential increases in data, added responsibility within the business, and new mandates from regulators.

As a result, tax professionals are moving to automate and apply analytics to help account for more data and to achieve greater precision. Technologies such as robotic process automation (RPA), natural language processing (NLP) and artificial intelligence (AI) give tax professionals the ability to work with all the information available in massive data sets.

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To not only see what has happened, but to more confidently predict what will happen. To be insightful and focus on implications and outcomes rather than being consumed by ensuring the accuracy of the numbers and on-time filing. And to do all this while meeting the increased transparency demands of regulators – who themselves are likely to use robotics and AI to collect and analyze companies’ tax data.

Likewise, technology has become a critical tool to help legal departments support rapidly evolving demands from the business and manage regulatory change.

Using Deloitte Tax and Legal professionals as an example, when the European Union’s General Data Protection Regulation (“GDPR”) came into force in 2018 along with the UK Data Protection Act, Deloitte UK’s Tax group engaged Deloitte Legal to assess the scope, and remediate where necessary, approximately 45,000 engagement contracts.

In the past this would have required a very lengthy manual assessment which would have been inefficient and prone to error as contract negotiations are typically buried in emails and hard to track. Instead Deloitte exercised a combined approach using dTrax, a proprietary artificial intelligence-enabled contract lifecycle management technology, with the support of skilled Deloitte Legal resources to simplify, automate, and streamline the contracting process.

The tool allowed Deloitte Tax client relationship owners to provide details about their engagements, which were then assessed by dTrax to determine whether the corresponding engagement contract required remediation. Where remediation was required, dTrax automatically generated a letter varying the Data Protection clause, which was sent directly to the client.

If negotiation of the Data Protection clause wording was required, Deloitte Legal resources were able to negotiate by reference to playbooks built into dTrax. This approach drove consistency while keeping contract negotiations managed and recorded within a single platform.

By combining technology with skilled resources, Deloitte UK’s Tax team was able to alter the business model, allowing for up to a 50 percent reduction in the number of required legal resources, a 40 percent reduction in the delivery turnaround time per variation letter, and an up to 60 percent reduction in the overall costs. Ultimately, the team gained greater visibility and insights into their contract terms and conditions, which increased their overall compliance and reduced risk.

Fueling Talent with Technology

While digital transformation is a tech-enabled shift, it requires a collaborative effort to change mindsets and embrace and advance transformation. A successful digital transformation demands a cultural change with a focus on continuous learning and embedding technology into the way we work.

Tax professionals have traditionally been tied up with compliance and the technical side of tax. Yet in this digital age, a robot can now do the data checking and digital tools can classify line items. So, today’s, and tomorrow’s, tax professional needs to understand the processes behind tax, be able to code, interpret data and make decisions. They have the opportunity to provide far more valuable and strategic input to their organizations, but they must be more adaptable to work with technology to enhance and reinforce their advice.

From the legal perspective, lawyers will need to have a broader range of skills to be ready for the legal landscape of tomorrow. Tomorrow’s digital lawyers will need to think and operate in a different way and they will need significant management, business strategy, technology and consulting capabilities to be able to deliver real value to clients. Adoption of the right tools, such as AI and data analytics, will enable legal teams to maximize efficiencies across multiple functions, standardize and adopt best practices, and help gather insights to support better decision making for the business.

Inspiring Confidence Today and Into Tomorrow with Technology

Deloitte has invested heavily in technology and we are accelerating our efforts in order to help both our own professionals and clients stay ahead. With more than 200 technology solutions in place, including robotics, AI, and machine learning capabilities, Deloitte Tax & Legal is helping clients manage compliance, bridge gaps between countries’ accounting principles, and manage research and development incentives claims. As we navigate the Fourth Industrial Revolution, having a tech-savvy foundation in our people and our processes will help set ourselves and our clients up for success and ensure our ability to work confidently now and far into the future.

Based in London, Philip Mills is the Global Tax & Legal leader at Deloitte. Prior to this, he led the Global Business Tax practice for two years and the UK Business Tax practice for seven years, amongst other roles. Philip also leads the Global Tax & Legal Executive and is a member of the Global Executive Committee. He has a Physics Bachelor of Science degree from Liverpool University, is a member of the Institute of Chartered Accountants in England and Wales and is a member of the Institute of Tax.

For nearly 20 years, Philip focused on M&A tax, particularly on Private Equity, Real Estate and Hedge Funds. He has worked on some of the more significant, large and complex European transactions in recent years as well as supporting the Fund advisers. Most recently, he took on advisory roles to some of Deloitte’s largest multinational corporate clients.

Source: The Future of Tax & Legal – Embracing Change with Confidence

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Employee Benefits Open Enrollment Secrets

It’s benefits season, and that means employees are making mistakes that will cost them in headaches and dollars. “You really have to sit down and pay attention to your benefits like you never had to before,” says Judith Wethall, an employee benefits lawyer with McDermott Will & Emery in Chicago. It’s complicated enough if you’re single. But if you’re married, or have kids who can get insurance on their own or on your plan, it’s even more so. “It’s a coordinated effort,” Wethall says.

Here are 5 insider tips for acing open enrollment. Forbes’ Kelly Anne Smith has more on open enrollment angles for single Millennials here.

Tip #1: Print your online enrollment confirmation page. More employers are moving benefits enrollment online. That has advantages. The online systems walk you through benefits enrollment like TurboTax walks you through filing your tax return. But online enrollment isn’t foolproof. “We started seeing mistakes this year—‘Oh, I know I logged on; I know I added my husband!’” Wethall says an employee insisted in February. Print out and double check your online enrollment submission. And then, check your first paystub in January.

Today In: Money

Secret: Made a mistake or had a change in circumstance? You probably clicked a button that says that your choices are set in stone once you submit your enrollment. But employers can let you change choices (how much money you put in your flexible healthcare spending account, for example) until before the second paystub of the first month of the new plan year. “That’s a little dirty secret,” Wethall says.

Tip #2: Pay attention to wellness programs. Employers are increasingly offering rewards for good behavior like getting an annual physical and penalties for bad behavior like smoking). Employers must be very clear on what it takes to get a cash reward, such as an employer payment into a health savings account. The rules are strict for penalties too. “People are duped into thinking, ‘Oh, I smoke; guess I have to pay the 50% [healthcare premium] surcharge,’” Wethall says.

Secret: DOL rules say that employers must remove smoking-related surcharges for an employee who attends and completes a free smoking cessation class. You don’t have to necessarily give up smoking, just try. Wethall says she helped one employer through a DOL audit that mandated the employer refund employees $2.5 million in surcharges.

Tip #3: Be a comparison shopper. If you have multiple adults eligible for multiple healthcare plans, it pays to compare them. That’s not always easy, as the open enrollment periods might overlap just a few days, but get a head start when the first plan’s enrollment period begins. Wethall says she plans to move her family off her husband’s health insurance plan onto her employer’s plan this year because her plan started offering new premium subsidies. Their 22-year-old daughter has a new job with coverage, so they’re deciding whether to add her to the new family plan—or to have her opt for cheap single coverage on her own. One factor to consider when you’re plan shopping: Do any of the plans offer tiered premiums that are lower for lower-paid employees and higher for higher-paid workers? Another thing to watch out for is high spousal surcharges—when companies increase your premium by up to $100 a month if your spouse is offered coverage at work.

Secret: Children can stay on their parents’ health insurance plan until they turn 26, even if they’re offered employer coverage of their own. But just because they can, that doesn’t mean it’s the best option.

Tip #4: Learn the alphabet soup of special tax-advantaged accounts. If you’re offered a health care savings account, sign up, and you get triple tax-advantaged savings. Use it today for immediate savings or invest the money and use it as a retirement healthcare kitty. (Check out the details, including the 2020 HSA limits: $7,100 for family coverage). Don’t confuse an HSA with a healthcare flexible spending arrangement. The FSA limit is $2,750 for 2020, and you must spend it or forfeit it during the plan year (some employers let you carry over $500).

If you have kids under 13, fund a dependent care FSA, which is used to help pay for child care expenses, including day camp. There’s a $5,000 limit per family (some employers have lower limits), and there’s no carry over provision. It’s safer to underestimate expenses for a dependent care FSA because you can always take the dependent care tax credit on your income tax return (note: the credit is generally less valuable than the dependent care account).

Secret: Watch out for picky rules that might cost you. For the dependent care FSA, day camp counts but overnight camp doesn’t. And it’s not the year your kid turns 13, but the day he turns 13, that he becomes ineligible. If you have an HSA, your FSA must be a limited purpose FSA for dental and vision expenses only, and if you have family coverage, your spouse can’t separately sign up for an FSA at their employer. If you’re 55 or older, you and your spouse can each make $1,000-a-year extra contributions to the HSA.

Tip #5: When in doubt, call HR. “Employees aren’t advocating enough for themselves,” Wethall says. In one case, a woman who was paying for family coverage tried to add her newborn third child through an online system by the 30-days-after-birth deadline but it wouldn’t take without a Social Security number which hadn’t been issued yet. The baby ended up in the hospital after a car accident without coverage. The employer did retroactively pay for the baby’s care, but it would have saved a good deal of stress and anxiety if the employee had spoken up, as HR would have overridden the system, Wethall says.

Secret: HR can send you the plan description for details beyond what’s in open enrollment materials. And remember HR can get their benefits lawyer on the line to help. Be persistent. It’s your family’s money after all.

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I’m an associate editor on the Money team at Forbes based in Fairfield County, Connecticut, leading Forbes’ retirement coverage. I manage contributors who cover retirement and wealth management. Since I joined Forbes in 1997, my favorite stories have been on how people fuel their passions (historic preservation, open space, art, for example) by exploiting the tax code. I also get into the nitty-gritty of retirement account rules, estate planning and strategic charitable giving. My favorite Forbes business trip: to Plano, Ill. to report on the restoration of Ludwig Mies van der Rohe’s Farnsworth House, then owned by a British baron. Live well. Follow me on Twitter: http://www.twitter.com/ashleaebeling Send me an email: aebeling@forbes.com

Source: Shhh! Employee Benefits Open Enrollment Secrets

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Most companies provide benefits to workers as part of a total rewards package that ideally enhances their satisfaction with work. A benefit is a tangible indirect reward provided to an employee or group of employees for organizational membership. Benefits can influence employees’ decisions about which employer to work for, whether to stay with or leave an organization, and when to retire. What benefits are offered, the competitive level of benefits, and how those benefits are viewed by individuals all affect employee attraction and retention efforts. A benefit is a tangible indirect reward provided to an employee or group of employees for organizational membership. Organizations design benefit plans with a goal of providing value for employees while remaining cost-effective for the company. Many key decisions must be made as part of benefits design. The Social Security Act of 1935 and its later amendments established a system to provide old-age, survivor’s, disability, and retirement benefits. Medicare is a government-operated health insurance program for older Americans (age 65 and above) and for some citizens with disabilities. Workers’ compensation are security benefits provided to workers who are injured on the job. Unemployment compensation is money that substitutes for wages or salary, paid to recently unemployed workers under a program administered by a government or labor union. Unemployment compensation is meant to provide a source of income for jobless workers until they can find employment. Offering retirement plans are a staple of the total rewards mix in any organization, critical to attracting, retaining and motivating talent. Employees often consider health plans to be one of the most important benefits that companies offer. Some companies have started to offer a variety of innovative health care programs that provide better services to employees. The Family and Medical Leave Act of 1993 (FMLA) is a United States labor law requiring covered employers to provide employees with job-protected and unpaid leave for qualified medical and family reasons. Since the enactment of the FMLA, a significant percentage of employees have taken family and medical leave. Many employers have found PTO plans to be more effective than other means of reducing absenteeism, scheduling time off, increasing employee understanding of leave policies, and assisting with recruiting and retention.

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