IRS Guidance

Guidance under Section 409A for Pre-2009 Section 457A Deferrals

Notice 2017-75 provides guidance under Section 409A for pre-2009 Section 457A deferrals, Document Excerpt This notice provides guidance on the application of Internal Revenue Code (Code) section 409A with respect to amounts that are includible in income pursuant to section 801(d)(2) of the Tax Extenders and Alternative Minimum Tax Relief Act of 2008, Div. C […]

Revised VCP Application Form 8950

The IRS has released a revised version of Form 8950 used to make a submission for correction under the IRS’ Voluntary Correction Program. Document Excerpt The IRS has updated Form 8950, Application for Voluntary Correction Program (VCP) Submission under the Employee Plans Compliance Resolution System (EPCRS), and its instructions. Employers who have adopted a tax-favored […]

Revised Form 5300

The IRS has significantly revised Form 5300, Application for Determination Letter. Document Excerpt Application for Determination for Employee Benefit Plan has undergone major revisions reducing it by seven pages. Plan sponsors submit Form 5300 to request a determination letter from the IRS on the qualification of their defined benefit or defined contribution plan and the […]

Notice 2017-74 providing Guidance under Section 5000A for those without Bronze-Level Plan

Notice 2017-74 provides guidance on computing the affordability exemption under Section 5000A(e)(1) for individuals with a family member who (1) is not eligible for coverage under an eligible employer plan and (2) resides in an area in which the Marketplace does not offer a bronze-level qualified health plan. Document Excerpt This notice provides guidance on […]

List of Required Amendments

Notice 2017-72 sets for the 2017 Required Amendments List. Document Excerpt This notice contains the Required Amendments List for 2017 (2017 RA List). Section 5 of Rev. Proc. 2016-37, 2016-29 I.R.B. 136, provides that, in the case of an individually designed plan, the remedial amendment period for a disqualifying provision arising as a result of […]

Provisions to Prevent ESOP Nonallocation Year Violate IRS Rules

The Office of Chief Counsel addresses various methods designed to prevent a nonallocation year in an S ESOP. Document Excerpt Link https://www.irs.gov/pub/irs-wd/201747007.pdf

LRMs for 401(k) Plans

The IRS releases its list of required modifications for cash or deferred arrangements. Document Excerpt Link https://www.irs.gov/pub/irs-tege/coda_lrm1017.pdf

Updated List of Required Modifications for Defined Contribution Plans

The IRS releases its updated list of required modifications for defined contribution plans. Document Excerpt This information package contains samples of plan provisions that have been found to satisfy certain specific requirements of the Internal Revenue Code, taking into account changes in the plan qualification requirements, regulations, revenue rulings, and other guidance in the 2017 […]

Qualified Small Employer Health Reimbursement Arrangements

The IRS provides guidance on qualified small employer health reimbursement arrangements. Document Excerpt This notice provides guidance on the requirements for providing a qualified small employer health reimbursement arrangement (QSEHRA) under section 9831(d) of the Internal Revenue Code (Code), the tax consequences of the arrangement, and the requirements for providing written notice of the arrangement […]

Guidance on applying Loan Cure Period

Chief Counsel provides guidance on applying the permissible cure period or grace period with respect to missed payments under a participant loan. Document Excerpt This Chief Counsel Advice responds to your request for assistance. This advice may not be used or cited as precedent. Link https://www.irs.gov/pub/irs-wd/201736022.pdf

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