Internal Revenue Bulletin: 2003-35
September 2, 2003
Temporary and proposed regulations under section 409(p) of the Code provide guidance concerning the requirements for employee stock ownership plans (ESOPs) holding stock of Subchapter S corporations. A public hearing on the proposed regulations is scheduled for November 20, 2003.
Proposed regulations under sections 401(k) and 401(m) of the Code provide guidance on the requirements for certain retirement plans containing cash or deferred arrangements and providing for matching contributions or employee after-tax contributions. These regulations affect certain plans or contracts providing for elective deferrals under section 401(k), matching contributions or employee after-tax contributions under section 401(m), and participants eligible under these plans or contracts. A public hearing is scheduled for November 12, 2003.
Proposed regulations under section 411 of the Code amend section 1.411(d)-4, of the regulations to reflect the addition of section 411(d)(6)(E) by the Economic Growth and Tax Relief Reconciliation Act of 2001. The proposed regulations retain rules under which a defined contribution plan could be amended, but remove the 90-day notice condition.
Weighted average interest rate update. The weighted average interest rate for August 2003 and the resulting permissible range of interest rates used to calculate current liability for purposes of the full funding limitation of section 412(c)(7) of the Code are set forth.
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