IRS revises employee plan determination letter procedures

 

The IRS has issued revised procedures for issuing determination letters on the qualified status of pension, profit-sharing, stock bonus, annuity and employee stock ownership plans (ESOPs) under Code Secs. 401, 403(a), 409, and 4975(e)(7), and on the status for exemption of any related trusts or custodial accounts under Code Sec. 501(a). The procedure is divided into three parts of which the first part contains instructions for requesting determination letters for various types of plans and transactions. The second part contains procedures for providing notice to interested parties and for interested parties to comment on determination letter requests. The third part contains procedures concerning the processing of determination letter requests and describes the effect of a determination letter.

The modifications to the determination letter filing procedures, in addition to minor reference updates and clarifications, include reflecting changes related to the transfer of technical work from the Tax Exempt and Government Entities Division (TE/GE) to the Office of Associate Chief Counsel (Tax Exempt and Government Entities), adding a summary of the new procedures for processing incomplete applications, clarifying the submission requirements for applications involving merged plans, deleting the process for determining the existence of an employer/employee relationship, changing the address for determination letter requests, and reflecting recent guidance issued on group trusts.

Rev. Proc. 2015-6 is effective February 1, 2015.

Source: Rev. Proc. 2015-6.

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