News & Analysis as of

Physical Presence Test Internal Revenue Service

Freeman Law

International Tax Concepts: Tax Residency Status

Freeman Law on

U.S. Tax Residency Status - As a general matter, all U.S. citizens and U.S. residents are treated as U.S. tax residents. A non-U.S. citizen is generally classified as a nonresident for U.S. tax purposes unless they satisfy...more

Faegre Drinker Biddle & Reath LLP

IRS Extends Temporary Relief from “Physical Presence” Requirement Through December 31, 2022

The IRS recently issued Notice 2022-27, providing a six-month extension of the temporary relief from the physical presence requirement for certain plan elections (including spousal consents) required to be witnessed by a plan...more

Laner Muchin, Ltd.

IRS Extends Physical Presence Requirement Relief to Retirement Plans

Laner Muchin, Ltd. on

As we previously reported in 2020, the IRS granted temporary relief from the physical presence requirement under regulations governing participant elections and spousal consents for certain retirement plans. Generally, those...more

Tucker Arensberg, P.C.

IRS Extends Relief for Participant Signatures

Tucker Arensberg, P.C. on

Certain elections made by participants and spouses under retirement plans must be signed “in the physical presence of a plan representative or a notary public.”  The IRS provided relief from this physical presence requirement...more

Morgan Lewis - ML Benefits

IRS Again Extends Temporary Relief from ‘Physical Presence’ Requirement for Certain Retirement Plan Elections

The IRS issued Notice 2021-40 (the Notice) on June 24 that provides a 12-month extension (until June 30, 2022) of the temporary relief from the requirement that certain retirement plan elections be witnessed – in person – by...more

Smith Gambrell Russell

12-Month Extension of Temporary Relief from the Physical Presence Requirement

Smith Gambrell Russell on

The IRS announced today, June 24, 2021, in Notice 2021-40, that it was extending, through June 30, 2022, the temporary relief from the physical presence requirement that is usually necessary for participant elections to be...more

Proskauer - Employee Benefits & Executive...

Temporary Relief for Witnessing Spousal Consent Extended for Another Year

Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 extending for another year the temporary relief from the requirement that spousal...more

Snell & Wilmer

Can’t Touch This: IRS Extends Physical Presence Relief for Remote Notarization

Snell & Wilmer on

On December 23, 2020, the IRS issued Notice 2021-03, which extends relief from the “physical presence” requirement applicable to signatures that must be witnessed by a plan representative or notary public. By way of...more

Laner Muchin, Ltd.

IRS Provides Temporary Relief to In-Person Consent Requirements for Retirement Plans

Laner Muchin, Ltd. on

In IRS Notice 2020-42, and in light of current social distancing rules, the IRS recently granted temporary relief from the physical presence requirement under regulations governing participant elections. Generally, those...more

Kelley Drye & Warren LLP

IRS Issues Temporary Relief from Physical Presence Requirement for Spousal Consents Under Retirement Plans

On June 3, the Internal Revenue Service (“IRS”) issued Notice 2020-24 providing temporary relief from the physical presence requirement for participant elections that are required to be witnessed by a plan representative or a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Remote Witness Protection: Retirement Plan Consents in the Age of Social Distancing, Part II

The novel coronavirus pandemic has presented novel questions for pension plan administration. One such question has concerned how to balance the spousal consent requirements of participants’ pension elections with the need to...more

Ballard Spahr LLP

IRS Allows Remote Spousal Consent for Retirement Plans

Ballard Spahr LLP on

The IRS released Notice 2020-42, which provides temporary relief during calendar year 2020 from the physical presence requirements for participant elections in retirement plans....more

Seyfarth Shaw LLP

I’m Ready for My Close-Up, Mr. DeMille; the IRS Now Permits Remote Witnessing of Participant Elections

Seyfarth Shaw LLP on

Seyfarth Synopsis: In response to immediate requests from participants for tax-favored coronavirus-related distributions (“CV Distributions”) and loans, as described in more detail in our prior post, and participants who want...more

Groom Law Group, Chartered

IRS Allows Remote Notarization of Participant Elections for 2020

On June 3, the Internal Revenue Service (“IRS”) issued Notice 2020-42 to provide temporary relief for certain participant elections required to be witnessed in the “physical presence” of a plan representative or notary...more

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