News & Analysis as of

Excise Tax Retirement Plan

Bricker Graydon LLP

Final Warning: Distributions to Beneficiaries Must Begin in 2025

Bricker Graydon LLP on

The retirement plan industry has been wrestling with the changes to required minimum distribution (RMD) provisions made by the SECURE Act and SECURE 2.0. One issue in particular has caused considerable confusion....more

Locke Lord LLP

Form 5330 E-Filing Requirement Headache

Locke Lord LLP on

The Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes, must be filed electronically for taxable years ending on or after December 31, 2023. As described below, this may create...more

Patterson Belknap Webb & Tyler LLP

Extended Relief for Required Minimum Distributions in 2024

Five years ago, the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”) made several significant changes to certain distributions required pursuant to Internal Revenue Code (“Code”) Section...more

Dechert LLP

Yet Another DOL Fiduciary Rule Released: Will the ‘Regular Basis’ of Prior Outcomes Follow ‘Suit’?

Dechert LLP on

The Department of Labor issued a final release (the “Final Release”) which (1) finalized changes to its 1975 rule defining when institutions and individuals are providing fiduciary “investment advice” to plans that are...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (18): Requirement to File Form 5330 and Pay Excise Taxes

The U.S. Department of Labor has released its package of proposed changes to the regulation defining fiduciary advice and to the exemptions for conflicts and compensation for investment recommendations to retirement plans,...more

Clark Hill PLC

The Cannabis Cure for the Public Pension Crisis

Clark Hill PLC on

Pensions are, and have been, an important compensation component for public employees, including teachers, police, fire, and other municipal positions. However, limited funds and riskier investments are threatening pension...more

Jackson Lewis P.C.

SECURE 2.0 Series Part 3: Retirement Plan Required Minimum Distribution Age to Increase to 75

Jackson Lewis P.C. on

Most Americans prefer not to pay more in income tax than absolutely required or to pay taxes any sooner than necessary. This includes many retired individuals who do not need to tap into their employer-sponsored retirement...more

Gould + Ratner LLP

SECURE 2.0 Act of 2022 Makes Big Changes to Retirement Plans

Gould + Ratner LLP on

The Consolidated Appropriations Act, 2023 (“Appropriations Act”) was signed by President Biden and became law on December 29, 2022. Included in the Appropriations Act is the SECURE 2.0 Act of 2022 (“Secure Act”), which...more

Sherman & Howard L.L.C.

SECURE 2.0 Changes for the New Year: Key Takeaways for Plan Sponsors, Part 1

On December 29, 2022, President Joe Biden signed the SECURE 2.0 Act of 2022 (“SECURE 2.0”), a division of the Consolidated Appropriations Act, 2023 into law. SECURE 2.0 includes a wide range of changes geared toward...more

Foley & Lardner LLP

SECURE 2.0 Changes Rules for Retirement Plans

Foley & Lardner LLP on

SECURE 2.0 Act of 2022 (the “Act”) was signed into law by President Biden on December 29, 2022 (the date of enactment), as part of the larger government funding bill. The Act makes numerous changes affecting retirement plans....more

Fisher Phillips

10 Most Significant Employee Benefits Law Changes in 2023’s Federal Spending Bill

Fisher Phillips on

Besides ensuring the federal government remains fully funded, President Biden’s signature Thursday on the Continuing Appropriations Act, 2023 (CAA 23) contains several provisions that will directly impact health and...more

Fox Rothschild LLP

Interest Rate Hikes Present Challenge for Fully Funded Pension Plans

Fox Rothschild LLP on

After years of historically low interest rates (which results in larger lump sum pension amounts), there have been significant interest rate increases during 2022. Prospects for 2023 are for more of the same. While many...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

IRS offers RMD relief

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....more

ArentFox Schiff

IRS to Waive Excise Tax on Certain Required Minimum Distributions from Retirement Plans in 2021 and 2022

ArentFox Schiff on

The Internal Revenue Service recently issued Notice 2022-53, which provides much needed transition relief in the form of an IRS waiver of the 50% excise tax that could otherwise be imposed upon certain beneficiaries of...more

Groom Law Group, Chartered

IRS Required Minimum Distribution (“RMD”) Relief for Beneficiaries for 2021 and 2022

The IRS provided welcome relief from Code section 401(a)(9) RMD compliance for 2021 and 2022 for post-death distributions to beneficiaries under IRAs and defined contribution plans. IRS Notice 2022-53 (“Notice”). In short –...more

McDermott Will & Emery

Weekly IRS Roundup August 1 – August 5, 2022

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of August 1, 2022 – August 5, 2022...more

Groom Law Group, Chartered

Surplus Plan Assets Continue to Puzzle IRS and Frustrate Plan Sponsors

Over the years, many plan sponsors have accumulated surplus assets in their pension and welfare benefit programs for various reasons. Typically, surplus assets have been generated in these mature programs through some...more

Jackson Lewis P.C.

SECURE 2.0 – What Employers Need to Know

Jackson Lewis P.C. on

On March 29, 2022, the House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0”, HR 2954). The vote was largely supported by both parties (414-5). The Senate will likely act on the bill...more

Chambliss, Bahner & Stophel, P.C.

How to Fix a Required Minimum Distribution Mistake

The rules around required minimum distributions from retirement accounts are confusing, and it’s easy to slip up. Fortunately, if you do make a mistake, there are steps you can take to fix the error and possibly avoid a stiff...more

McDermott Will & Emery

Weekly IRS Roundup November 2 – November 6, 2020

McDermott Will & Emery on

Presented below is our summary of significant Internal Revenue Service (IRS) guidance and relevant tax matters for the week of November 2, 2020 – November 6, 2020... November 2, 2020: The IRS announced COVID-19-related...more

Groom Law Group, Chartered

IRS Extends More Pension Deadlines For COVID-19

IRS Notice 2020-35 is a follow-on to Notice 2020-23 that provided for a wide range of pension filings and actions that were otherwise due between April 1 and July 14, 2020 that were extended until July 15, 2020. ...more

Foster Garvey PC

The Cavalry Has Arrived – Congress Passed and President Trump Signed Into Law the CARES Act

Foster Garvey PC on

A Succinct Summary of the Key Tax Provisions - On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (colloquially, the “CARES Act” or the “Act”). The CARES Act is a...more

McAfee & Taft

Repeal of Cadillac Tax, increase of RMD age included in end-of-year federal spending bill

McAfee & Taft on

Last Friday night, President Trump signed into law a year-end $1.4 trillion spending bill that will fund the government through September 30, 2020. Included in the bill were a number of provisions that impact...more

Holland & Hart - The Benefits Dial

A Little Less Conversation, a Little More Action: Major Retirement Plan Legislation Is Finally Signed Into Law

After being on the verge of enactment last spring but failing to pass, the SECURE Act will become law after all. Congress included the Setting Every Community Up for Retirement Enhancement Act of 2019 (H.R. 1994) (the SECURE...more

Bradley Arant Boult Cummings LLP

House Passes SECURE Act - Employee Benefits Alert

Earlier this week, the House of Representatives passed a budget bill, HR 1158, and a related bill, HR 1865, to enact the "Setting Every Community Up for Retirement Enhancement Act," referred to as the “SECURE Act.” The SECURE...more

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