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The IRS has issued Revenue Procedure 2019-4 answer how the bureau provides admonition to taxpayers on issues beneath the administration of the Commissioner, Tax Exempt and Government Entities Division, Employee Affairs Rulings and Agreements Office (Employee Affairs Rulings and Agreements). It additionally accommodation the types of admonition accessible to taxpayers, and the abode in which such admonition is requested and provided.
Of note, the new Revenue Procedure makes a change to Revenue Procedure 2018–4 Area 8.02 to add new area 3, “Other Circumstances,” to accommodate a new class for which assurance belletrist can be requested. Though the class is added, the IRS does not specify what “other circumstances” for which it applies.
In 2016, the bureau issued Revenue Procedure 2016-37 catastrophe the alleviative alteration aeon (RAC) arrangement and replacing it with a new access to the alleviative alteration period. At the time, the IRS said a plan can appeal a assurance letter alone if it has never accustomed a letter before; the plan is terminating; or the IRS makes a adapted exception. The IRS said it anticipates authoritative exceptions based on affairs accommodation to assignment on added applications, and the charge for rulings in assertive areas. The bureau said it will admeasurement charge in a array of means including anniversary ascribe from the Employee Affairs (EP) community.
The bureau after asked for comments about the abeyant amplification of the assurance letter program. Groom Law Group recommended application of the afterward affairs as adapted applicants for adapted assurance letters: “Plans with a banknote antithesis or agnate account blueprint whose aftermost assurance letter was afore the able date of the final IRS amalgam plan regulations; affairs that abode assets backup and inflationary pressures through acceptance of a capricious accomplishment feature; and acceptable alimony affairs that catechumen to a banknote balance-type formula.”
Other appropriate categories of affairs that should be able to seek assurance belletrist accommodate affairs that “undergo above changes that contrarily accomplish assertive acquiescence testing unnecessary,” such as safe anchorage 401(k) plans. The attorneys additionally point to the bearings wherein “plan changes are accompanying cogent workforce adjustments, such as downsizings or accumulated separations.”
Finally, the attorneys recommended the IRS action assurance belletrist in the case that antidotal plan amendments are submitted as allotment of an Employee Plan Acquiescence Resolutions Arrangement (EPCRS) submission, or in the case that a authoritative plan has undergone “a cogent change in the administering accompaniment or bounded law.”
The IRS at the aforementioned time has issued Revenue Procedure 2019-5 ambience alternating procedures for arising assurance belletrist on issues beneath the administration of the Director, Exempt Organizations (EO) Rulings and Agreements.
Links to both Revenue Procedures may be begin at https://www.irs.gov/irb/2019-01_IRB.
Tagged: IRS, retirement plan assurance letters, retirement plan regulations