Marcus Wu
Marcus Wu represents private, public, and tax-exempt employers on complex compensation, employee benefits, and payroll tax matters. He focuses on the design, implementation, and ongoing administration of retirement and deferred compensation arrangements, including defined benefit pension plans, 401(a), 401(k), 403(b), and 457(b) plans, as well as nonqualified deferred compensation programs. He advises employers—including banks, healthcare organizations, medical groups, financial institutions, public agencies, and nonprofit entities—on plan design, tax compliance, and day-to-day administration under the Internal Revenue Code, ERISA, and applicable state laws. His practice spans ongoing advisory work and high-stakes transactional matters, including mergers, acquisitions, restructurings, and spinoffs.
Marcus is a recognized advisor on payroll tax matters and accounts payable reporting. He counsels employers on wage and hour-related tax issues, fringe benefit taxation, information reporting (Forms W-2, 1099, 1098), and correction of tax and withholding and reporting failures. He has significant experience representing employers in IRS and state tax authority audits and appeals, including large-scale employment tax controversies involving multiyear exposure.
Marcus regularly advises on health and welfare plan design and compliance, including group health plans, cafeteria plans under Section 125, HSAs, HRAs, and wellness and fringe benefit programs. His work often involves analyzing complex tax and Affordable Care Act issues arising from innovative benefit structures and advising on associated employer risks.
Marcus has particularly deep experience advising governmental and 501(c) entities on retirement plan compliance, fiduciary governance, and funding strategies. He regularly counsels counties, cities, transit agencies, and joint powers authorities on 401(a) and 457(b) plans, retiree medical arrangements (including HRAs and Section 401(h) accounts), and pension and OPEB funding structures.
Clients rely on Marcus for practical, real-time advice on plan administration and operational issues, including correction of plan failures under IRS correction programs, fiduciary governance matters, and coordination of benefits with payroll systems. He delivers clear, actionable guidance that allows employers to resolve issues efficiently.
Marcus is a frequent speaker on employee benefits, retirement plan compliance, and payroll tax matters, including SECURE 2.0 implementation and operational best practices. He develops and delivers an annual full-day payroll tax and employee benefits seminar attended by approximately 500 participants from more than 300 employers, focusing on practical compliance issues, emerging legal developments, and real-world administrative challenges.
Marcus previously led the Southern California executive compensation and benefits practice of another international law firm.
