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Liability

Everything About Liability

10 articles

ERISA Fiduciary Duties for 401(k) Plan Sponsors: Personal Liability and the 3(38) Investment Manager

ERISA Section 409 imposes personal liability on 401(k) plan fiduciaries, and the corporate veil does not shield small business owners. This guide explains the prudent-expert standard, the Tibble v. Edison duty to monitor, and how hiring a Section 3(38) investment manager shifts investment discretion — and most related liability — away from the plan sponsor.

EPLI Insurance for Small Businesses: Why a Five-Person Team Can Still Get Hit with a Six-Figure Discrimination Claim

Employment Practices Liability Insurance costs small businesses roughly $800 to $3,000 a year, but a single uncovered discrimination, harassment, or wrongful termination claim averages $80,000 in defense costs—here is what EPLI covers, how carriers price it, and how to buy it without overpaying.

ASC 842 Lease Accounting for Private Companies: Putting Operating Leases on the Balance Sheet

ASC 842 requires private companies to capitalize nearly every lease longer than 12 months as a right-of-use asset and a lease liability. This guide walks through the five-criteria classification test, the six-step calculation, the risk-free rate and short-term lease expedients, and the audit findings that most often trigger restatements.

Trust Fund Recovery Penalty (IRC 6672): Personal Liability for Unpaid Payroll Taxes

How the IRS uses Internal Revenue Code Section 6672 to hold business owners, officers, bookkeepers, and even spouses personally liable for 100% of unpaid payroll withholdings — covering who qualifies as a responsible person, how willfulness is established, and how to defend a Letter 1153 within the 60-day appeal window.

Engagement Letters for Accountants: A Complete Guide to Protecting Your Practice

Over half of tax-related professional liability claims against CPA firms involve engagements with no signed engagement letter, and firms without one see average claim amounts rise 19% to 71%. A well-drafted letter defines scope, caps liability, and converts the riskiest part of onboarding into a defensible client relationship.