The Internal Revenue Service (IRS) has issued Notice 2022-53, providing guidance related to certain provisions of section 401(a)(9) that apply for 2021 and 2022.

The guidance for certain RMDs for 2021 and 2022 states that a DC plan that failed to make a specified RMD will not be treated as having failed to satisfy Internal Revenue Code section 401(a)(9) because it didn’t make that distribution. In addition, participants who didn’t take a specified RMD, the IRS will not asses an excise tax under IRC section 4974. If a participant has already paid an excise tax for a missed RMD in 2021, the participant may request a refund of that excise tax.