Weekly IRS Roundup July 1 – 5, 2019

McDermott Will & Emery

McDermott Will & Emery

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of July 1 – 5, 2019.

July 2, 2019: The IRS issued a Chief Counsel Notice wherein the Chief Counsel’s Office advised that accruing interest and failure to pay penalties on restitution amounts cannot accrue consistent with the holding in Klein v. Commissioner, 149 T.C. No. 15. The Chief Counsel’s Office stated that any accrued interest and penalties should be abated. This guidance updates Notice CC-2011-018.

July 3, 2019: The IRS issued proposed regulations that would provide an exception to the unified plan rule for defined contribution multiple employer plans where an employer fails to satisfy the qualification requirement or to provide information to determine compliance. The proposed regulations would also provide a threshold condition for the exception. Specifically, the proposed regulations would require the plan administrator to have established practices and procedures that are reasonably designed to promote and facilitate overall compliance with applicable tax code requirements, including procedures for obtaining information from participating employers.

July 5, 2019: The IRS issued a notice that provided the 2019 renewable energy production credit and refined coal production credit inflation adjustment factors and reference prices.

July 5, 2019: The IRS released its weekly list of written determinations (e.g., Private Letter Rulings, Technical Advice Memorandums and Chief Counsel Advice).

Special thanks to Alex Ruff in our Chicago office for this week’s roundup.

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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