Proc. .18 Section 12 of Rev. .07 No Form 5307 Determination Letter for Pre-approved Plans Treated as Individually Designed If a plan is treated as individually designed as provided in section 9.05 of this revenue procedure, the employer may not file for a determination letter using a Form 5307 (as updated). (1) In general, provided that the provisions of a basic plan document are identical for all plans using that document, separate adoption agreements may be associated with the same basic plan document. The IRS recently updated the per diem rates for business travel for fiscal year 2021, which started on October 1, 2020. The Service has determined that it is in the interest of sound tax administration not to issue rulings on such transactions while it reviews their proper tax treatment. Comprehensive Secure .gov websites use HTTPS Are the following documents included with the application: a. Proc. All rights reserved. .04 Obtaining a determination letter An Adopting Employer of a Nonstandardized Plan that makes amendments to the plan that are not extensive may obtain reliance that the form of the plan, as amended, satisfies the 403(b) Requirements by requesting a determination letter using Form 5307 (as updated) under procedures similar to the procedures applicable to 401(a) pre-approved plans, and may do so regardless of whether a prior determination letter has been issued with respect to the plan. 786, to change the portion of the year Sedona, Arizona is a high-cost locality under section 5 of Notice 2020-71. A Flexible Plan adopted by a Provider that differs from the Mass Submitter plan only because the Provider has deleted certain optional provisions from its plan in conformance with the Mass Submitters representation described in this paragraph will be treated as a word-for-word identical plan to the Mass Submitter plan. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. 7 For purposes of this revenue procedure, references to Rev. The IRS encourages Mass Submitters to limit the number of optional provisions described in section 11.03(1)(b)(i) and (ii) that they provide under a Flexible Plan to six investment provisions and six administrative provisions. To be considered timely, section 13.03 of Rev. Nor does it prevent a 403(b) Pre-approved Plan from using Investment Arrangements that are more restrictive than required by 403(b) or the single plan document or the basic plan document and adoption agreement. Section 16.01 of Rev. 2. The updated LRMs, when available, may be downloaded from the Internet at http://www.irs.gov/Retirement-Plans/Listing-of-Required-Modifications-LRMs. (ii) Administrative provisions A Mass Submitter may offer a variety of administrative provisions in its plan for Providers to include or delete from their version of the plan. If a 403(b) Pre-approved Plan is intended to be a Retirement Income Account, the plan also must include the provisions set forth in section 5.19. 2019-39, the limited extension of the Initial Remedial Amendment Period, as defined under Rev. industry questions. In the case of a plan maintained by more than one employer, the remedial amendment period ends on the last day of the tenth month following the last day of the plan year in which the remedial amendment period begins. (1) Except as otherwise provided in this section 8.02, an Adopting Employer of a Nonstandardized Plan may not rely on the plans Opinion Letter with respect to the requirements, if applicable, of: (b) 415, if the Adopting Employer or any of its Related Employers maintain another 403(b) plan covering any of the same participants as the Nonstandardized Plan. For a full schedule of per diem rates by destination, click on any of the states below. .01 In general This revenue procedure is effective on July 1, 2020, the day Cycle 2 began, and, except as otherwise stated, applies to applications for an Opinion Letter submitted solely with respect to Cycle 2 and subsequent Cycles. For example, if a change in 403(b) Requirements occurs in the 1st year of Cycle 3, and is placed on the Required Amendments List in the 2nd year of Cycle 3, then the Remedial Amendment Period for a Form Defect related to that change would expire at the end of the 4th year of Cycle 3. 157 (as updated annually), sets forth the general procedures of the IRS regarding the issuance of Employee Plans determination letters, including determination letters for 401(a) pre-approved plans. Proc. .15 Section 11.02 of Rev. 3. See section 22 of this revenue procedure regarding the deadline by which interim amendments must be adopted. Significantly, the entire credit was refundable, meaning that it was available to those with no earned income. 1. 2020-40, 2020-38 I.R.B. 2021-3 is amplified. (4) A separate application form (or Appendix A) must be submitted with respect to each adoption agreement for which an Opinion Letter is applied. The specified period for which Sedona, Arizona is a high cost locality under section 5, paragraph 2 of Notice 2020-71 is modified to be October 1, 2020 - December 31, 2020; March 1, 2021 - April 30, 2021; and September 1, 2021 - September 30, 2021. discount pricing. In this case, the Adopting Employer will be treated as never having had any reliance on the Opinion Letter and will be treated as never having been eligible for the Cycle system. Rates for Alaska, Hawaii, U.S. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. For purposes of the high-low substantiation method, the per diem rates in lieu of the rates described in Notice 2020-71 (the per diem substantiation method) are $296 for travel to any high-cost locality and $202 for travel to any other locality within CONUS. 1121, during which certain telephonic hearings are permitted. 2019-39 provides that a Provider (or Eligible Employer) is considered to have adopted an interim amendment timely if the amendment is adopted by the later of (1) the end of the calendar year following the calendar year in which the change in 403(b) Requirements is effective with respect to the plan, or (2) in the case of a Governmental Plan, the later of (a) the end of the calendar year following the calendar year in which the change in 403(b) Requirements is effective with respect to the plan, or (b) 90 days after the close of the third regular legislative session of the legislative body with the authority to amend the plan that begins on or after the date the plan amendment becomes effective. .01 Adopting Employer An Adopting Employer is an Eligible Employer that adopts a 403(b) Pre-approved Plan offered by a Provider, including a plan that is word-for-word identical to, or a Minor Modification of, a plan of a Mass Submitter. As provided in section 7, the plan of such an employer will become an individually designed plan unless the employer adopts a Newly Approved 403(b) Pre-approved Plan during the Employer Adoption Window for the Cycle for which the application was submitted. 786, to correct the portion of the year Sedona, Arizona is a high-cost locality under section 5 of Notice 2020-71. See Rev. 2016-37 is revised to read as follows: Special deadlines for governmental employers. PROVISIONS REQUIRED IN 403(b) PRE-APPROVED PLANS, SECTION 7. 2019-39 establish a system of cyclical 403(b) Pre-approved Plan Remedial Amendment Periods following the expiration of the Initial Remedial Amendment Period (that is, after June 30, 2020). The following localities have a federal per diem rate of $249 or more, and are high-cost localities for the specified portion of the calendar year. Proc. Every Standardized Plan must include plan language reflecting these rules. 2013-22 is considered a Cycle 1 Opinion Letter. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. Box 2508 Cincinnati, OH 45201-2508. (See also 1.415(c)-1(d) and 1.415(f)-1(f) for special rules applicable to 403(b) plans.) .05 Section 403(b) Pre-approved Plans treated as individually designed An Adopting Employers 403(b) Pre-approved Plan will be treated as individually designed (and the Adopting Employer may not rely on the plans Opinion Letter and will lose eligibility for the Cycle system) under the following circumstances: (1) An Adopting Employer makes any amendment to a Standardized Plan other than an amendment listed in section 9.03 or as otherwise described in this section 9.05. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. Proc. Proc. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements. Annual high-low rates. IR-2021-225, November 16, 2021. Investment provisions are those provisions that describe the plans methods of investing assets, including provisions such as the availability of loans and self-directed investments. 2021-4 (updated annually)). 2015-22, and clarified by Rev. See section 6.03. The application will be subject to a reduced user fee as provided in Appendix A of Rev. Proc. 2019-39, as part of the correction of a Form Defect within the Remedial Amendment Period for the Form Defect, an Adopting Employer must conform the operation of the 403(b) Pre-approved Plan to match the correction of the Form Defect retroactive to the beginning of the Remedial Amendment Period for the Form Defect. .29 Single Document Plan See section 4.27(2). The principal author of this notice is James Liechty of the Office of Associate Chief Counsel (Income Tax & Accounting). New Zealand per diem rates provide for a maximum of $165 excluding GST for accommodation. Every 403(b) Pre-approved Plan must therefore incorporate by reference the terms of the Investment Arrangements under the plan. The Adopting Employer must sign and date the adoption agreement or signature page of the plan when it first adopts the plan and must complete, sign, and date a new adoption agreement or signature page if the plan has been restated. A Mass Submitter is treated as a Mass Submitter with respect to all of its plans, provided the 15 unaffiliated Provider requirement is met with respect to at least one plan. The IRS is developing the application form to be used and will announce when the form becomes available. For more information, see EBIAs Fringe Benefits manual at SectionXXI.G(Travel Expense Reimbursements: Substantiation). Copies of Investment Arrangements should not be submitted. .05 Eligible Employer An Eligible Employer is an employer described in 403(b)(1)(A). .09 Rev. The temporary exception allows a 100% deduction for food or beverages from restaurants, as long as the expense is paid or incurred in 2021 or 2022. Share sensitive information only on official, secure websites. In addition, the Mass Submitter may then submit applications for an Opinion Letter under this section 11.01 for its other plans, regardless of the number of identical adopters of the other plans. .10 Effect of failure to disclose material fact or to accurately provide information A failure to disclose to the IRS a material fact, a misrepresentation of a material fact in the application, or the failure to accurately provide any of the information called for on any form or Appendix A required by this revenue procedure may result in the inability of Adopting Employers to rely on the Opinion Letter (for example, if there is a failure to disclose a material fact, the IRS may revoke the Opinion Letter due to the failure). 2019-39 provide that the period covered by the Initial Remedial Amendment Period is referred to as Cycle 1 and that Cycle 2 begins after the Initial Remedial Amendment Period expires. The IRSs review of a Providers or Mass Submitters application for an Opinion Letter for a 403(b) Pre-approved Plan will consider only the terms of the single plan document or the basic plan document and adoption agreement, as applicable. The GSA website lists these rates by location. environment open to Thomson Reuters customers only. An Opinion Letter issued under this revenue procedure is referred to as a Cycle 2 Opinion Letter. Proc. Type(s) of contributions permitted under the Providers plan: _____a. To the extent feasible, lead plans and substantially identical plans should be submitted together. The per diem rates in lieu of the rates described in Notice 2020-71 (the meal and incidental expenses only substantiation method) are $74 for travel to any high-cost locality and In the continental United States (CONUS), domestic per diem rates are established by the U.S. General Services Administration. This revenue procedure applies to disqualifying provisions that are effective with respect to a plan after December 31, 2020. ELIGIBILITY FOR THE CYCLE SYSTEM, SECTION 8. Rev. Connect with other professionals in a trusted, secure, Distinguished describes a situation where a ruling mentions a previously published ruling and points out an essential difference between them. Proc. 2016-37 and Rev. 92, and Rev. It is not used where a position in a prior ruling is being changed. 82-102, 1982-1 C.B. (See the Form 5305 series, which provides model IRA documents that have been pre-approved by the IRS and for which an opinion letter is not needed. However, the plan as adopted by a Provider must provide a method for investing assets. Rev. Section 1.403(b)-3(b)(3)(iii). ) or https:// means youve safely connected to the .gov website. 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 202027 through 202052 is in Internal Revenue Bulletin 202052, dated December 27, 2020. .09 Any Nonstandardized Plan may provide for either safe harbor or non-safe harbor hardship distributions. 727; and Rev. 2020-21, effective May 4, 2020, provides temporary guidance regarding the public approval requirement under 147(f). For fiscal year 2021, which started on October 1, 2020, temporary! Used and will announce when the form becomes available ruling is being changed ( 1 ) ( ). And substantially identical plans should be submitted together Associate Chief Counsel ( income Tax & Accounting ). the. With no earned income ( b ) -3 ( b ) -3 ( )... Plan may provide for a maximum of $ 165 excluding GST for accommodation the IRS is developing application! 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