IRS determination letter procedure updated

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Rev. Proc. 2002-4 listed the update for requesting Internal Revenue Service (IRS) determination letters, private letter rulings, and other tax advice on employee plan matters.

IRS is transitioning this year to mandatory electronic submission of Form 5300, Application for Determination for Employee Benefit Plan. Starting July 1, 2022, Form 5300, attachments and the user fee must be submitted electronically through pay.gov. IRS will return paper applications submitted after that date.

IRS will not make a determination on whether a pooled employer plan (PEP) satisfies the qualification requirements for PEPs before the IRS issues final regulations on those requirements.

Plan sponsors requesting determination letters no longer need to attach copies of their plan’s trust document to Form 5300 or 5307.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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