TE/GE procedures for issuing rulings updated

The IRS has updated its procedures for employee plans (EPs) and exempt organizations (EOs) to obtain guidance on issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division (TE/GE). The IRS provides such guidance in the form of letter rulings, closing agreements, determination letters, opinion letters, advisory letters, information letters, revenue rulings, oral advice, and compliance statements. In addition to minor revisions, such as updating citations to other revenue procedures, the procedure has been changed as follows:

• The definition of “compliance statement” is modified to clarify that the statement is a binding written agreement between the IRS and, generally, a plan sponsor.
• The section on issues that require written guidance to be requested under different procedures is modified to clarify that the Employee Plans Compliance Resolution System (EPCRS) covers SIMPLE plans and Code Sec. 457(b) plans.
• The section concerning letter rulings, determination letters, and related background file documents on matters that are not subject to Code Sec. 6011 public disclosure provisions is modified to clarify that the section includes volume submitter plan applications relating to qualification or status filed and documents issued by the IRS.
• The section on specific, additional procedures that apply for requests for letter rulings or determination letters is modified to add that opinion and advisory letters will be issued to Code Sec. 403(b) pre-approved plans and to provide information regarding the process in obtaining such letters.
• Because Rev. Proc. 2015-9 is being merged into Rev. Proc. 2015-5, references have been updated to reflect the merger.

Employee Plans and Agreements will continue to issue letter rulings only on certain matters specified in the current procedure. These procedures are effective January 4, 2016.

Source: Rev. Proc. 2016-4.

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