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Recent Published Guidance

Interested in a printable PDF? See the list of Internal Revenue Bulletins in PDF format.

Recent Interest Rate Notices
Updates for the corporate bond weighted average interest rates; the 24-month average segment rates; the funding transitional segment rates; and the minimum present value transitional rates.

Revenue Procedure 2015-36, 2015-27 I.R.B. 20
Sets forth the procedures of IRS for issuing opinion and advisory letters regarding the acceptability under IRC Code Sections 401, 403(a), and 4975(e)(7) of the form of pre-approved plans (that is, master and prototype (M&P) and volume submitter (VS) plans). This revenue procedure also extends to October 30, 2015, the deadline for submitting on-cycle applications for opinion and advisory letters for pre-approved defined benefit plans for the plans’ second six-year remedial amendment cycle. The extension to October 30, 2015, applies to pre-approved defined benefit mass submitter lead and specimen plans, word-for-word identical plans, M&P minor modifier placeholder applications, and defined benefit non-mass submitter plans.

Revenue Procedure 2015-34, 2015-27 I.R.B. 4
Prescribes the application process for approval of a proposed benefit suspension in accordance with IRC Section 432(e)(9)(G) and provides a model notice that a plan sponsor proposing a benefit suspension may use to satisfy the content and readability requirements of IRC Section 432(e)(9)(F)(ii) and (iii)(II). This revenue procedure does not affect the standards that will be applied in reviewing an application for a suspension of benefits under IRC Section 432(e)(9).

Revenue Procedure 2015-32, 2015-24 I.R.B. 1063
Establishes a permanent program providing administrative relief to plan administrators and plan sponsors of certain retirement plans from the penalties otherwise applicable under IRC Sections 6652(e) and 6692 for failing to timely comply with the annual reporting requirements imposed under IRC Sections 6047(e), 6058, and 6059.

Revenue Procedure 2015-28, (EPCRS)
Modifications to Rev. Proc. 2013–12 reflected in this revenue procedure include: (i) A new, special EPCRS safe harbor correction method for IRC Section 401(k) and Section 403(b) plans containing automatic contribution features (including automatic enrollment and automatic escalation of elective deferrals) where there is a problem with missed elective deferrals; and (ii) For all IRC Section 401(k) and Sections 403(b) plans new safe harbor correction methods that encourage early detection and correction of missed elective deferrals.

Revenue Procedure 2015-27 (EPCRS)
Modifications to Rev. Proc. 2013–12 including miscellaneous changes to improve EPCRS, such as reducing VCP compliance fees for IRC Section 72(p) participant loan failures, and clarifying that there is flexibility in how a plan may recoup excess payments made to plan participants and that repayment by these individuals is not always required. See revisions to Rev. Proc. 2013–12 sections 6.06(3) and 6.06(4). This Revenue Procedure also requests comments on recoupment of these excess payments, commonly referred to as Overpayments under EPCRS.

Revenue Procedure 2015-22, (change of addresses for Section 403(b) pre-approved plans letters)
Contains a modification to Revenue Procedure 2013–22 (as modified by Revenue Procedure 2014–28 and modifications to Revenue Procedure 2015–8). In particular, this revenue procedure changes the addresses to which applications for opinion and advisory letters for Section 403(b) pre-approved plans should be submitted and inserts a user fee that was omitted from Rev. Proc. 2015–8.

Notice 2015-28 (certain closed defined benefit pension plans)
Extends for one year the temporary nondiscrimination relief for certain closed defined benefit pension plans provided in Notice 2014-5, so that a closed defined benefit pension plan to which the relief under Notice 2014-5 applies may continue to use the temporary relief for a plan year that begins before January 1, 2017.

Notice 2015-7 (governmental plans)
The IRS and Treasury Department anticipate issuing proposed regulations under IRC Section 414(d) to define the term “governmental plan.” This document describes specific rules that the IRS and Treasury Department are considering proposing that relate to whether a State or local retirement system that covers employees of a charter school is a governmental plan. 2015-6 I.R.B. 585

Announcement 2015-3 (automatic approval of a change in funding method)
Provides automatic approval of a change in funding method for a single-employer defined benefit plan under certain circumstances in which the change in method results from a change in the plan’s enrolled actuary. The automatic approval applies for plan years beginning on or after January 1, 2013. 2015-3 I.R.B. 328

Announcement 2015-1 (Changes to processing employee plans determination letters)
Describes changes to the processing of employee plans determination letters that will take effect in 2015. These changes are being adopted as a result of a process improvement strategy designed to promote case processing efficiency.

Revenue Procedure 2015-8, 2015-1 I.R.B. 235
This is the annual EP/EO revenue procedure on user fees.

Revenue Procedure 2015-6, 2015-1 I.R.B. 194
This is the annual EP determination letter revenue procedure.

Revenue Procedure 2015-4, 2015-1 I.R.B. 144
This is the basic, annual EP/EO revenue procedure on letter rulings.

Revenue Procedure 2015-2, 2015-1 I.R.B. 105
This is the basic, annual EP/EO revenue procedure on technical advice.

Revenue Ruling 2014-34 (covered compensation tables)
Gives tables of covered compensation under IRC Section 401(l)(5)(E) and their regulations for the 2015 plan year. 2014-52 I.R.B. 954

Announcement 2014-41 (extension of deadline to submit on-cycle applications)
Extends to June 30, 2015, the deadline to submit on-cycle applications for opinion and advisory letters for pre-approved defined benefit plans for their second six-year remedial amendment cycle. Also provides a two day extension (from Saturday, Jan. 31, 2015, to Monday, Feb. 2, 2015) to submit on-cycle Cycle D (primarily individually designed plans including multiemployer plans). 2014-52 I.R.B. 979

Notice 2014-77 (2014 cumulative list)
2014 Cumulative List of Changes in Plan Qualification Requirements to be used by plan sponsors and practitioners submitting determination, opinion, or advisory letter during the period beginning February 1, 2015 and ending January 31, 2016. 2014-52 I.R.B 974.

Announcement 2014-34 (transfer of certain technical responsibility)
Addresses the transfer of certain technical responsibility for issues involving exempt organizations, qualified retirement plans and individual retirement annuities and accounts (IRAs) to the Office of Chief Counsel that will occur with Tax Exempt and Government Entities Division (TE/GE’s) realignment. 2014-51 I.R.B. 949

Notice 2014-74 (safe harbor explanations)
Amends the two safe harbor explanations in Notice 2009–68, 2009–2 C.B. 423, that plan sponsors can use to satisfy IRC Section 402 requirement that they provide certain information to recipients of eligible rollover distributions. Amendments to the safe harbor explanations in this notice are for: allocating pre-tax and after-tax amounts, distributing in the form of in-plan Roth rollovers, and clarifying the two safe harbor explanations. 2014-50 I.R.B. 937

Announcement 2014-32, 2014-48 (follow-up to Announcement 2014-15)
A follow-up to Announcement 2014–15, 2014–16 I.R.B. 973, addressing the one-rollover-per-year limit of IRC Section 408(d)(3)(B) to IRAs. 2014-48 I.R.B. 907

Notice 2014-66 (defined contribution plans)
Offers a special rule that enables qualified defined contribution plans to provide lifetime income by offering, as investment options, a series of target date funds (TDFs) that include deferred annuities, even if some of the TDFs within the series are available only to older participants. 2104-46 I.R.B. 820

News Release IR-2014-99 (cost-of-living adjustments)
Cost-of-living adjustments affecting dollar limitations for pension plans and other retirement-related items for Tax Year 2015.

Notice 2014-54 (distributions)
Provides rules to allocate pretax and after-tax amounts among distributions made to multiple destinations from a 401(a) qualified plan, 403(b) plan or a 457(b) governmental (IRC Section 457(e)(1)(A) plan. 2014-41, I.R.B. 670

Notice 2014-53 (HATFA)
Provides guidance on the changes to the funding stabilization rules for single-employer pension plans under the Code and ERISA made by the Highway and Transportation Funding Act of 2014 (HATFA), section 2003, Pub. L. No. 113-159, enacted August 8, 2014. 2014-43 I.R.B. 729

Revenue Ruling 2014-24 (group trust retiree benefit plans)
Modifies the list of group trust retiree benefit plans eligible to participate in group trusts in Rev. Rul. 81–100, 1981–1 C.B. 326, as modified by Rev. Rul. 2011–1, 2011–2 I.R.B. 251 (which was modified by Notice 2012–6, 2012–3 I.R.B. 293) (“81–100 group trusts”). It now includes trusts of certain retirement plans qualified only under the Código de Rentas Internas para un Nuevo Puerto Rico de la Ley Núm. 1 de 31 de enero de 2011 (“Puerto Rico Code”), clarifies that assets held by certain separate accounts maintained by insurance companies may be invested in 81–100 group trusts, and provides limited transition relief. 2014-37 I.R.B. 529

Revenue Ruling 2014-18 (nonqualifed deferred compensation plan)
Neither the nonstatutory stock option nor the stock-settled stock appreciation right granted to Service Provider with respect to common shares of Service Recipient is a nonqualified deferred compensation plan subject to taxation under section 457A. 2014-26 I.R.B. 1104

Notice  2014-37 (mid-year amendment to safe-harbor plans)
Guidance on a plan amendment to reflect the outcome of United States v. Windsor, 570 U.S. ___, 133 S.Ct. 2675 (2013) adopted after the beginning of a plan year and effective during a plan year (“mid-year amendment”) to these plans: IRC Section 401(k)(12) or (13) (Section 401(k) safe harbor plan) or IRC Section 401(m)(11) or (12) (Section 401(m) safe harbor plan) under Notice 2014–19, Q&A–8, 2014–17 I.R.B. 979 (April 21, 2014). 2014-24 I.R.B. 1100

Notice 2014-35 (annual reporting requirements - penalty relief)
Administrative relief from the penalties under IRC Sections 6652(d), 6652(e), and 6692 for  failing to timely comply with certain annual reporting requirements under IRC Sections 6047(e), 6057, 6058, and 6059. It applies to late filers that satisfy this notice’s requirements and DOL’s Delinquent Filer Voluntary Compliance (“DFVC”) Program. This relief supersedes the relief  in Notice 2002–23, 2002–1 C.B. 742. 2014-23 I.R.B. 1072

Revenue Procedure 2014-32 (annual reporting requirements – penalty relief)
Temporary one-year pilot program giving administrative relief to plan administrators and plan sponsors of certain retirement plans from IRC Sections 6652(e) and 6692 penalties for failing to timely comply with the annual reporting requirements of IRC Sections 6047(e), 6058, and 6059.  2014-23 I.R.B. 1073

Revenue Ruling 2014-9 (Verifying rollover contributions)
Provides simplified safe harbor due diligence procedures a plan administrator may use in order to be deemed to have reasonably concluded that an amount was a valid rollover contribution. 2014-17 I.R.B. 975

Announcement 2014-16 (Letters for pre-approved DC plans)
The IRS will soon issue opinion and advisory letters for pre-approved defined contribution plans that were submitted  during their second remedial amendment cycle under Rev. Proc. 2007–44, 2007–2 C.B. 54. 2014-17 I.R.B. 983

Notice 2014-19 (Same sex couples)
Provide guidance on the application (including the retroactive application) of the decision in United States v. Windsor, 570 U.S. ___, 133 S. Ct. 2675 (2013), and the holdings of Rev. Rul. 2013–17, 2013–38 I.R.B. 201 (Sept. 16, 2013), to retirement plans qualified under section 401(a) of the Internal Revenue Code (Code). 2014-17 I.R.B. 979

Announcement 2014-15 (IRAs – one-rollover-per-year)
Addresses the application to IRAs of the one-rollover-per-year limitation and provides transition relief for owners of IRAs. 2014-16 I.R.B. 973

Revenue Procedure 2014-28 (Pre-approved 403(b) plans)
Modifies Rev. Proc. 2013–22 which sets forth the procedures for issuing opinion and advisory letters for Section 403(b) pre-approved plans. The IRS will accept applications through April 30, 2015. 2014-16 I.R.B. 944

Announcement 2014-4 (Pre-approved DB plan extension)
Extends to February 2, 2015, the deadline to submit on-cycle applications for opinion and advisory letters for pre-approved defined benefit plans for the plans’ second six-year remedial amendment cycle. 2014-7 I.R.B. 523

Notice 2014-5 (closed DB plans)
Provides temporary nondiscrimination relief for certain “closed” defined benefit (DB) pension plans. Closing a defined benefit plan often occurs in conjunction with an amendment that provides new or greater contributions under a defined contribution plan intended to replace accruals under the DB plan for new hires or other employees to whom the DB plan is closed. 2014-2 I.R.B. 276

Notice 2013–74 (In-Plan Rollovers to Designated Roth Accounts in Retirement Plans)
Guidance on rollovers within a retirement plan to designated Roth accounts in the same plan (“in-plan Roth rollovers”).  2013-52, I.R.B.  819.

Announcement 2013-37 (Submission Deadline Extended)
Extends to January 31, 2014, the deadline to submit on-cycle applications for opinion and advisory letters for sponsors and practitioners maintaining defined benefit mass submitter lead plans for the plans’ second six-year remedial amendment cycle. 2013-34 I.R.B. 155

Notice 2013-17 (anti-cutback requirements)
Provides anti-cutback relief for ESOP plan amendments made to comply with the new diversification requirements of Internal Revenue Code Section 401(a)(35).

Revenue Procedure 2013-22 (403(b) pre-approved plan program)
Procedures for issuing opinion and advisory letters for pre-approved 403(b) plans. 2013-18 I.R.B. 985.

Revenue Procedure 2013-12 (EPCRS)
Updates the Employee Plans Compliance Resolution System (EPCRS) and modifies and supersedes Rev. Proc. 2008-50. 2013-4 I.R.B. 313. Announcement 2013-21 provides a revised Acknowledgement Letter (Appendix D).

Revenue Ruling 2013-2 (covered compensation tables)
Covered compensation tables under IRC section 401(l)(5)(E) for the 2013 plan year, for use in determining contributions to defined benefit plans and permitted disparity.

Announcement 2012-44 (Hurricane Sandy Relief)
Streamlined rules for loans and hardship distributions to Hurricane Sandy victims. 2012-49 I.R.B. 663.

Revenue Procedure 2012-50 (governmental plan determination letters)
Individually designed governmental plan sponsors may elect to submit a determination letter application in Cycle E (instead of C). 2012-50 I.R.B. 708.

Notice 2012-70 (limitations on benefits)
Extends the deadline for adopting IRC Section 436 interim amendments to the last day of the 2013 plan year for most defined benefit plans. 2012-51 I.R.B (November 21, 2012).

TD 9601 (anti-cutback rules)
Final regulations offer a limited exception to the anti-cut back rules of IRC Section 411(d)(6) for a debtor in bankruptcy to amend its plan to eliminate lump-sum or accelerated payment options. 77 FR 66915 (November 8, 2012); 2013-10 I.R.B. 535.

Page Last Reviewed or Updated: 14-Jul-2015