VOLUME 48 NO. 12

DECEMBER 2014

messenger MIDWEST INSULATION CONTRACTORS ASSOCIATION

16712 ELM CIRCLE OMAHA, NEBRASKA 68130

HOLIDAY GREETINGS

On Behalf of the Officers and Board of Directors of the Mid-west Insulation Contractors Association, We wish to extend TO ALL OF YOU a MERRY CHRISTMAS, HAPPY HANAKAH, AND A MOST JOY-OUS AND PROSPEROUS NEW YEAR!

PRESIDENT’S MESSAGE

TO: THE MICA MEMBERSHIP We are in the crazy, busy Holiday season; shopping, cel-

ebrating with family and friends, Christmas concerts and,

of course, eating (my favorite). I don’t know how the

rest of our MICA Family likes Christmas, but in our

house we love to decorate the outside and the inside of

our house. It’s a lot of work but well worth it. We don’t

go quite as far as Rich and Judy –Only 1 tree in our

house called the “garbage tree”. We have collected an

ornament from every city we have been to with MICA

and on our family vacations. It’s not always easy to find

an ornament in June, but the search has become part of

our spring ritual and something Renee, Nick and I look

forward to each June. We have fun pulling them out

each Christmas and remembering where we found them -

it always brings back some great memory of the trip.

I didn’t have much growing up, but Mom always man-

aged to have something that each of my 7 sisters and 2

brothers wanted under the tree, and Santa did finds us

each year. Not sure how, but he did. This upbringing

has given me an appreciation for what I do have and in-

stilled in me the desire to do what I can to help others,

especially this time of the year.

The Insulation industry has afforded me the opportunity

to “get involved” to help others not so fortunate. I go out

on Black Friday for 1 reason –Menards has a huge sale

on toys and I fill a cart full to donate for our local Toys

for Tots drive. I normally wait and let the crazy shoppers

clear out first. Our Church packages shoe boxes for Op-

eration Christmas Child. Renee, Nick and I love doing

this every year. The Local food shelves always need help

especially during this time of the year. It’s great to be

able to return these blessings to those less fortunate.

By the time you are reading this, we will already be into

2015; hard to believe 2014 has come and gone. It’s true,

the older you get, the faster the year seems to fly by.

Your board of directors and committee members will be

meeting this January 23/24 in Savanah to continue work-

ing on the plans for our June Meeting at the Blue Harbor

Resort in Sheboygan, WI. If you have an interest in at-

tending the January meeting or have ideas for a topic you

would like us to consider for an upcoming MICA meet-

ing, let one of the BoD or Tom and Cindy know. We are

always looking for ways to add value for your member-

ship and appreciate any suggestions you can provide.

Hope to see everyone in Savanah.

Wishing you a Merry Christmas and a Prosperous New

Year.

Be safe this holiday season!

Thanks for reading.

Respectfully,

Lance Pickerign

MICA President

MICA MESSENGER Volume 48 Issue 12 Page 2

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MICA MESSENGER Volume 48, Issue 11 Page 5

FUTURE MICA MEETING DATES

58th Annual Spring Convention — June 22 — 25, 2015, Blue

Harbor Resort, Sheboygan, Wisconsin. [Please note that the

convention will begin on the Monday after Father’s Day.

This slight change in the schedule is the direct result of

member feedback to the Board].

Fall 2015 Annual Fall Business Meeting — October 21 & 22,

2015, Embassy Suites Downtown, Omaha, NE.

59th Annual Spring Convention — June 22 — 25, 2016, Cha-

teau on the Lake, Branson, Missouri. [Please note that the

convention will begin on the Monday after Father’s Day.

This slight change in the schedule is the direct result of

member feedback to the Board].

Fall 2016 Annual Fall Business Meeting — October 19 & 20,

2016, Embassy Suites Downtown, Omaha, NE.

MICA MEMBER ADDRESS/INFO. UPDATES

Be sure to inform the MICA office of any changes or correc-

tions to your listing for either the MICA Directory, e-mail cor-

respondence or mailing address. Even if you update your

company listing on the MICA website, please inform the

MICA office of the changes. We try to be as current as possi-

ble with your help.

EMPLOYERS CAN NOT PAY FOR

INDIVIDUAL HEALTH POLICIES

The following article is provided by Paul Routh with the law

firm of Dunlevey, Mahan & Furry. Paul is a partner with Gary

Auman and helps provide timely updates for our industry on

healthcare issues.

Many small employers were unable or reluctant to spon-

sor group health plans. So, instead, they reimbursed or

paid for all or part of the premiums for the employees’

individual health policies. Often times the carriers even

sent the bills to the employers. The employer would then

pay all or a portion of the premiums and then withhold the

employee’s share of the premiums on a pre-tax basis. The

government is really cracking down on this practice. In

the latest of a series of rulings, the government has said

that employers can no longer pay any portion of the pre-

miums on individual health plans or policies on either a

pre-tax or post-tax basis. Here is the link to the govern-

ment’s guidance plus a couple of articles that explain the

rules.

http://www.dol.gov/ebsa/faqs/faq-aca22.html

http://hrlaws.services.xerox.com/wp-content/uploads/

sites/2/2014/11/hrc_fyi_2014-11-19.pdf

http://www.kushnerco.com/resources/blog/no-pre-tax-or-

post-tax-reimbursement-of-individual-health-insurance-

premiums/

The government is saying that employers cannot even pay

the premiums on a post-tax basis. So, for example, the

employer cannot terminate its group health plan and then

give additional taxable compensation to the employees so

that they can buy individual health policies. The employ-

er could, however, provide the same additional compensa-

tion to all the employees. In short, there can be no link

between the additional compensation and the employee

getting individual health coverage. So the employer

could not give the additional wages to only those that buy

health coverage or vary the amount of the additional com-

pensation based on the amount the employee is paying for

his or her health coverage. The penalty for violating this

rule is $ 100 per day or $ 36,500 per year for each viola-

tion (i.e. each employee).

Employers Need to Prepare for Health Care Reform

Reporting Requirements

Almost all large employers (i.e. those with 50 or more full

time and full time equivalent employees) are aware of the

employer mandate or play or pay rules that require them

(Continued on page 8)

to offer quality/affordable health coverage to the full time

employees (i.e. those that work 30 hours or more per

week) or pay a penalty. Also, most employers know that

the rules apply next year for employers with at least 100

full time and full time equivalent employees and that em-

ployers with between 50 and 99 full time and full time

equivalent employees do not have to comply until 2016.

However, employers with 50 or more full time and full

time equivalents and all employers regardless of size that

sponsor self funded health plans have to comply with

complex reporting requirements starting January 1, 2015,

regardless of the employer’s group health plan year.

The reporting rules will help the government enforce the

individual mandate that requires most Americans have

health coverage or pay a penalty as well as the employer

play or pay rules. The IRS has issued Form 1094 and

Form 1095 that employers will use to submit the data to

the government. The forms are extremely complicated

and, depending on the employer’s size and whether the

health plan is self-funded or fully insured, dictate which

forms and what part of the forms the employer must com-

plete. The following contains a chart that shows which

forms the employer has to complete.

http://mcgladrey.com/content/mcgladrey/en_US/what-we-

do/services/tax/tax-alerts/new-information-reporting-

(Continued from page 7) requirements-under-the-affordable-care.html

The forms are similar to the IRS Form W-2 and Form W-

3. That is, Form 1094 is a transmittal form that gets filed

with the IRS along with Form 1095 with another copy of

Form 1095 going to the employee. Gathering the infor-

mation for the forms is going to be a daunting task and

employers need to prepare now!!!!!!! We urge employers

to contact their payroll vendor or review their payroll sys-

tems to ensure the information is being gathered. It will

be almost impossible to gather the data after the fact. In

other words, the information needs to be collected during

the year and tying the process into the payroll system

makes the most sense.

Should You Consider Self-Funding

Health care reform imposes a number of requirements

and restrictions on group health plans as well as various

taxes and assessments. Additionally, small employer

group health plans will be subject to community rating

which many people believe will substantially increase the

premiums for most small employers. Therefore, more

employers are looking at self-funding as a way to reduce

the increases and avoiding some of the rules that only

apply to fully insured health plans. This article talks

about things to consider when thinking about self-funding (Continued on page 9)

the group health plan.

http://www.brookings.edu/research/opinions/2014/12/09-

self-fund-healthcare-pozen?rssid=health

Traditionally, self-funding only made sense for larger

employers. However, with health care reform the carriers

are developing products that make self-funding feasible

for smaller employers. Therefore, you may want to con-

sider self-funding your group health plan when reviewing

your options.

Can You Discriminate With Respect to Health

Insurance

Some people are under the impression you have to treat

all the employees the same when it comes to the group

health plan. However, that may not be the case. There

have been discrimination rules applicable to self-funded

health plans under the Internal Revenue Code for some

time. Basically, those rules preclude the employer from

disproportionately benefitting the higher paid employees

with respect to eligibility and benefits. The rules impose

an affirmative obligation on the part of the employer

sponsoring a self-funded health plan to test the plan each

year to ensure the self-funded health plan does not dis-

criminate. Although the rules have been around for some

time it has not been a high enforcement area for the IRS.

Health care reform imposed discrimination rules on fully

insured health plans. However, those rules applicable to

fully insured health plans have been postponed until the

IRS issues the regulations.

http://www.employmentmattersblog.com/2014/12/the-

affordable-care-act-countdown-to-compliance-for-

employers-week-3-group-health-plan-cafeteria-plan-and-

health-fsa-nondiscrimination-theory-and-practice/

So where we are today is (1) self-funded health plans are

(and have been) subject to discrimination rules under the

Internal Revenue Code but they have not been given a lot

of attention from the government and (2) fully insured

health plans currently are not subject to discrimination

rules but that will change when the IRS issues the regula-

tions and no one knows when that will be. So, at least for

the time being, you can charge employees different

amounts for the coverage under a fully insured health

plan.

Can the Government Speak with One Voice

More and more employers are adopting wellness pro-

grams as a way to control health cost and to encourage

(Continued from page 8)

MICA MESSENGER Volume 48, Issue 12 Page 9

employees adopt a healthier life style. Health care reform

adopted new rules governing wellness programs. That is,

the wellness program has to comply with some pretty

detailed rules laid out under health care reform. Howev-

er, there is a dispute between Federal statutes. What has

happened is employers have adopted wellness programs

that comply with health care reform BUT the EEOC has

filed lawsuits against a couple of employers saying the

programs violate the Americans with Disability Act

(“ADA”) and Genetic Information Nondiscrimination Act

(GINA).

http://www.insurancejournal.com/news/

national/2014/10/30/345438.htm

The rules are complicated to begin with and it is extreme-

ly frustrating to develop a program that complies with

one set of laws only to be challenged by the government

under another set of laws. Hopefully the government will

get its act together and rule that if the wellness program

complies with health care reform that is the end of the

story.

2015 Checklist

As this year comes to a close, everyone is taking a deep

breath and getting ready to enjoy the Holiday season.

However, there is no rest for the weary. The following is

a checklist applicable to welfare benefit plans for next

year.

https://hrlaws.services.xerox.com/wp-content/uploads/

sites/2/2014/12/hrc_fyi_In-depth-2014-12-02.pdf

We at Dunlevey, Mahan & Furry wish everyone a safe

and happy Holiday season and a prosperous New Year.

NEW STANDARD MILEAGE RATES NOW

AVAILABLE; BUSINESS RATE TO RISE IN

2015

WASHINGTON — The Internal Revenue Service issued

the 2015 optional standard mileage rates used to calculate

the deductible costs of operating an automobile for busi-

ness, charitable, medical or moving purposes.

Beginning on January 1, 2015, the standard mileage rates

for the use of a car, van, pickup or panel truck will be:

57.5 cents per mile for business miles driven, up from

56 cents in 2014.

23 cents per mile driven for medical or moving pur-

poses, down half a cent from 2014.

(Continued on page 17)

MICA MESSENGER Volume 45, Issue 04 Page 12

MICA MESSENGER Volume 48 Issue 02 Page 15

14 cents per mile driven in service of charitable or-

ganizations.

The standard mileage rate for business is based on an an-

nual study of the fixed and variable costs of operating an

automobile, including depreciation, insurance, repairs,

tires, maintenance, gas and oil. The rate for medical and

moving purposes is based on the variable costs, such as

gas and oil. The charitable rate is set by law.

Taxpayers always have the option of claiming deductions

based on the actual costs of using a vehicle rather than the

standard mileage rates.

A taxpayer may not use the business standard mileage rate

for a vehicle after claiming accelerated depreciation, in-

cluding the Section 179 expense deduction, on that vehi-

cle. Likewise, the standard rate is not available to fleet

owners (more than four vehicles used simultaneously).

Details on these and other special rules are in Revenue

Procedure 2010-51, the instructions to Form 1040 and

various online IRS publications including Publication 17,

Your Federal Income Tax.

Besides the standard mileage rates, Notice 2014-79, post-

ed on IRS.gov, also includes the basis reduction amounts

(Continued from page 9) for those choosing the business standard mileage rate, as

well as the maximum standard automobile cost that may

be used in computing an allowance under a fixed and var-

iable rate plan.

TIPS FROM IRS FOR YEAR-END GIFTS TO

CHARITY

WASHINGTON ― The Internal Revenue Service re-

minded individuals and businesses making year-end gifts

to charity that several important tax law provisions have

taken effect in recent years. Some of the changes taxpay-

ers should keep in mind include:

Rules for Charitable Contributions of Clothing and

Household Items Household items include furniture, furnishings, electron-

ics, appliances and linens. Clothing and household items

donated to charity generally must be in good used condi-

tion or better to be tax-deductible. A clothing or house-

hold item for which a taxpayer claims a deduction of over

$500 does not have to meet this standard if the taxpayer

includes a qualified appraisal of the item with the return.

Donors must get a written acknowledgement from the

(Continued on page 18)

charity for all gifts worth $250 or more. It must include,

among other things, a description of the items contributed.

Guidelines for Monetary Donations A taxpayer must have a bank record or a written statement

from the charity in order to deduct any donation of mon-

ey, regardless of amount. The record must show the name

of the charity and the date and amount of the contribution.

Bank records include canceled checks, and bank, credit

union and credit card statements. Bank or credit union

statements should show the name of the charity, the date,

and the amount paid. Credit card statements should show

the name of the charity, the date, and the transaction post-

ing date.

Donations of money include those made in cash or by

check, electronic funds transfer, credit card and payroll

deduction. For payroll deductions, the taxpayer should

retain a pay stub, a Form W-2 wage statement or other

document furnished by the employer showing the total

amount withheld for charity, along with the pledge card

showing the name of the charity.

These requirements for the deduction of monetary dona-

tions do not change the long-standing requirement that a

taxpayer obtain an acknowledgment from a charity for

each deductible donation (either money or property) of

$250 or more. However, one statement containing all of

the required information may meet both requirements.

Reminders

The IRS offers the following additional reminders to help

taxpayers plan their holiday and year-end gifts to charity:

Qualified charities. Check that the charity is eligible.

Only donations to eligible organizations are tax-

deductible. Select Check, a searchable online tool availa-

ble on IRS.gov, lists most organizations that are eligible

to receive deductible contributions. In addition, churches,

synagogues, temples, mosques and government agencies

are eligible to receive deductible donations. That is true

even if they are not listed in the tool’s database.

Year-end gifts. Contributions are deductible in the year

made. Thus, donations charged to a credit card before the

end of 2014 count for 2014, even if the credit card bill

isn’t paid until 2015. Also, checks count for 2014 as long

as they are mailed in 2014.

Itemize deductions. For individuals, only taxpayers who

itemize their deductions on Form 1040 Schedule A can

claim deductions for charitable contributions. This deduc-

(Continued from page 17)

(Continued on page 26)

MICA MESSENGER Volume 46, Issue 12 Page 21

MICA MESSENGER Volume 48, Issue 08 Page 24

MICA MESSENGER Volume 48, Issue 10

Page 25

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tion is not available to individuals who choose the standard

deduction. This includes anyone who files a short form (Form

1040A or 1040EZ). A taxpayer will have a tax savings only if

the total itemized deductions (mortgage interest, charitable

contributions, state and local taxes, etc.) exceed the standard

deduction. Use the 2014 Form 1040 Schedule A to determine

whether itemizing is better than claiming the standard deduc-

tion.

Record donations. For all donations of property, including

clothing and household items, get from the charity, if possible,

a receipt that includes the name of the charity, date of the con-

tribution, and a reasonably-detailed description of the donated

property. If a donation is left at a charity’s unattended drop

site, keep a written record of the donation that includes this

information, as well as the fair market value of the property at

the time of the donation and the method used to determine

that value. Additional rules apply for a contribution of $250

or more.

Special Rules. The deduction for a car, boat or airplane do-

nated to charity is usually limited to the gross proceeds from

its sale. This rule applies if the claimed value is more than

$500. Form 1098-C or a similar statement, must be provided

to the donor by the organization and attached to the donor’s

tax return.

If the amount of a taxpayer’s deduction for all noncash contri-

butions is over $500, a properly-completed Form 8283 must

be submitted with the tax return.

BOARD SETS DUES AND ADVERTISING

RATES FOR 2015

At its October meeting, the Board of Directors of MICA ap-

proved MICA’s operating budget for 2015. In its delibera-

tions, the Board voted a zero increase in the annual member-

ship dues for contractor and associate member firms. Adver-

tising rates for 2015 will remain the same as in 2014. The

Board is very cognizant of the current state of the economy

and wants to keep MICA affordable to all current and pro-

spective members. Annual dues have remained constant for

the past three years.

Contractor member annual dues for 2015 are $675.00. The

annual dues for associate members is $475.00. The 2015

membership renewal notices have been mailed to the member

firms. The advertising contracts will be sent out during the

last week in December. If you do not receive one, please con-

tact the MICA office for a copy of the 2015 advertising rates.

Advertising in the MICA Messenger continues to be an excel-

lent forum to reach the membership on a monthly basis.

We are anticipating 100% renewals and look forward to your

continued participation in MICA in 2015.

(Continued from page 18)

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MIDWEST INSULATION CONTRACTORS ASSOCIATION

16712 ELM CIRCLE

OMAHA, NEBRASKA 68130

(402) 342-3463

e-mail: mica@micainsulation.org

www.micainsulation.org