Numerous changes have been made to 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), and the status for exemption of any related trusts or custodial accounts. The revised procedures are effective February 1, 2014.

In addition to minor revisions and clarifications, the IRS has made several changes throughout the revenue procedure. Cites in the revenue procedure have been changed to reflect that Rev. Proc. 2013-12. has superseded Rev. Proc. 2008-50. The submission period for determination applications has been modified to reflect the current submission cycle and dates. Prototype and volume submitter plans submitted under Code Sec. 403(b) have been added to the section concerning issues for which written guidance must be requested under different procedures. A number of sections were modified to add instructions for user fees that are paid using www.pay.gov. The sections concerning the timing of submissions and the requirement of plan restatements have been modified to clarify the submission requirements.

In the section concerning multiple employer plans, the IRS has removed references to adoption agreements and has added a description of which Cumulative List will be used for submissions of pre-approved multiple employer plans using Form 5300 (Application for Determination for Employee Benefit Plan). The procedures for completing Form 6088 (Distributable Benefits From Employee Pension Benefit Plans) in the section involving plan terminations, discontinuance of contributions, and notices of mergers have been clarified. Also, in the sample notice to interested parties, the IRS has changed the address for submitting comments to EP Determinations.

Source: IRS Rev. Proc. 2014-6.

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