Pension & Benefits News General procedures for issuing letter rulings and determination letters are updated
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Tuesday, January 22, 2019

General procedures for issuing letter rulings and determination letters are updated

By Pension and Benefits Editorial Staff

The IRS has issued a procedure explaining how it provides advice to taxpayers in the form of letter rulings, closing agreements, determination letters and information letters, and orally on issues under the jurisdiction of the Associate Chief Counsel (Corporate), Associate Chief Counsel (Financial Institutions and Products), Associate Chief Counsel (Income Tax and Accounting), Associate Chief Counsel (International), Associate Chief Counsel (Passthroughs and Special Industries), Associate Chief Counsel (Procedure and Administration), and Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities).

In addition to minor revisions, some of the notable changes include:

  • Sections 1, 1.01, 3.07, 5.12, 5.14, 5.15, 6.08, 9.23, 10.07, 15.11, Appendix A, Appendix B, Appendix C, Appendix D, and Appendix E have been amended to reflect the name change from “Associate Chief Counsel (Tax Exempt and Government Entities)” to “Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes).”
  • Section 5.15(3) has been removed to reflect the transfer of authority to waive excise tax under Code Sec. 4980F to the Commissioner, Tax Exempt and Government Entities Division, Employee Plans Rulings and Agreements.
  • Appendix A (Schedule of User Fees) has been amended with increased user fees to match the increase in costs incurred by the IRS.
  • Appendix E (Church Plan Checklist) has been amended to add a new item 11 to reflect the requirement that an applicant include a representation as to whether an election under Reg. §1.410(d)-1 to apply certain provisions of the Code and ERISA to the plan has ever been made.

Rev. Proc. 2019-1 is effective January 2, 2019.

SOURCE: Rev. Proc. 2019-1.

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