For a 403(b) Pre-approved Plan that is a Governmental Plan, an Opinion Letter does not express an opinion, and may not be relied upon, with respect to whether the plan meets any requirements that apply due to a plans coverage of multiple employers that are not aggregated in a single controlled group in a manner consistent with Notice 89-23. One location has been added to the list of high-cost locations, one has been removed, and one that remains on the list is now considered high-cost for a different portion of the calendar year. Proc. Proc. (1) A 403(b) Pre-approved Plan is a 403(b) plan (including a plan covering self-employed individuals) that is made available by a Provider for adoption by Eligible Employers. 2019-39 are to Rev. The Department of the Treasury and the Internal Revenue Service have received several requests for further extension of the time period. The standard meal allowance, which is the federal meals and incidental expense (M&IE) per diem rate. Any ruling request pending with the Service on September 3, 2021, requesting a ruling on the issue described in section 3 of this revenue procedure will be closed and the user fee will be returned in full. 2021-4, 2021-1 I.R.B. Proc. Proc. High-cost localities. 2013-22, as modified by Rev. In the case of an initial submission of a 403(b) Pre-approved Plan under this revenue procedure, the Mass Submitters application also must be accompanied by applications for an Opinion Letter filed on behalf of the requisite number of Providers that are offering the same plan on a word-for-word basis as provided in section 11.02, unless the Mass Submitter has already satisfied this requirement in connection with a previous application under this revenue procedure involving another 403(b) Pre-approved Plan. The Provider must then notify each Adopting Employer of the revocation as soon as possible. [9] According to these regulations, the first and last days of travel are paid 75% of the daily General Services Administration, PDTATAC, or DOS rate, while all .20 Opinion Letter An Opinion Letter is a written statement issued by the IRS to a Provider or Mass Submitter that the form of a 403(b) Pre-approved Plan satisfies the 403(b) Requirements. This revenue procedure provides temporary guidance regarding the public approval requirement under 147(f) of the Internal Revenue Code for tax-exempt qualified private activity bonds. 2019-39 provides that the beginning date of the Remedial Amendment Period with respect to a Form Defect first occurring in a 403(b) Pre-approved Plan after the Initial Remedial Amendment Period is the same date that would be applicable if that Form Defect had occurred in an individually designed plan (see section 2.13(1) of this revenue procedure for a description of the date a Remedial Amendment Period begins). For example, if a plan document for a Mass Submitter Flexible Plan includes an optional provision that would permit loans under a Providers plan, the adoption agreement may also include an optional provision that would enable an Adopting Employer to elect whether loans will be available under the plan it adopts. Part IV.Items of General Interest. For example, the adoption agreement, if applicable, should be amended to require that an Adopting Employer identify whether it is a non-QCCO (in which case, its employees participating in the plan would be subject to the nondiscrimination requirements of 403(b)(12)). The special meal and incidental expenses rates for taxpayers in the transportation industry are $66 for any travel locality within the continental United States and $71 for any travel locale outside the continental U.S. Optional special per diem rates. EXPIRATION OF LIMITED EXTENSION OF INITIAL REMEDIAL AMENDMENT PERIOD FOR CYCLE 1 403(b) PRE-APPROVED PLANS; EXTENSION OF DEADLINE FOR INITIAL AMENDMENT, SECTION 25. Similarly, a later deadline is provided for a 403(b) Pre-approved Plan that is a Governmental Plan. See section 23.01 of this revenue procedure for more details on the expiration of the limited extension of the Initial Remedial Amendment Period. 944, and Rev. Please note the meal and incidental rates are inclusive of GST. FICAFederal Insurance Contributions Act. However, if additional adoption agreements are later submitted with respect to a basic plan document, the Provider must submit a copy of the basic plan document with each submission and include a cover letter identifying the original submission (including the date submitted). .03 Section 15.04(1) of Rev. The IRS recently updated the per diem rates for business travel for fiscal year 2021, which started on October 1, 2020. The IRS will regard the information and certification described in paragraphs (3) and (4) of this section 10.05 as a representation of a material fact for purposes of issuing an Opinion Letter. brands, Social 2014-28, 2014-16 I.R.B. Non-qualified Church-Controlled Organization. IRS provides guidance on per diem rates and the temporary 100% deduction for food or beverages from restaurants. 2016-37 sets forth the deadline for the timely adoption of an interim amendment to a qualified pre-approved plan. .04 Employer Adoption Window When the review of 403(b) Pre-approved Plan documents for a specific Cycle is close to being completed, the IRS will announce the Employer Adoption Window with respect to that Cycle, which will be an approximately two-year period during which Adopting Employers may adopt Newly Approved 403(b) Pre-approved Plans. .05 Expediting review of substantially identical plans The IRS reserves the right to review applications in any order that will expedite the processing of Opinion Letter applications, subject to section 12 regarding off-cycle filing. The plan must provide that, for purposes of allocations, the definition of total compensation is all compensation within the meaning of 415(c)(3), excluding all other compensation, or compensation that otherwise satisfies 414(s) and 1.414(s)-1(c). The amendment must be made in good faith with the intent of complying with the 403(b) Requirements. Proc. The IRSs review will not consider, and an Opinion Letter will not express an opinion with respect to, the terms of any Investment Arrangements under the plan of any Adopting Employer or any other documents that may be incorporated by reference into an Adopting Employers plan. In response to these concerns, Rev. 136, as modified by Rev. Unless otherwise specified, the per diem locality is defined as "all locations within, or entirely surrounded by, the corporate limits of the key city, including independent entities located within those boundaries. The provisions of Rev. If substantiation is required, any unsubstantiated portion of the allowance must be returned or treated as taxable wages. 2019-39 provides a limited extension of the Initial Remedial Amendment Period, so that the Initial Remedial Amendment Period will end no earlier than the end of Cycle 2. A transaction described in 410(b)(6)(C) is an asset or stock acquisition, merger, or other similar transaction involving a change in the employer of the employees of a trade or business. 2016-37 is revised to read as follows: Special deadlines for governmental employers. Proc. A Minor Modification must be submitted by the Mass Submitter on behalf of the Provider that will adopt the modified plan. Section 16.01 of Rev. .18 Provisions applicable to Standardized Plans In addition to the requirements set forth in sections 5.03 through 5.17, each Standardized Plan must either provide that the only contributions that an Adopting Employer may elect to provide under the plan are elective deferrals or meet the following requirements: (1) Under 1.415(f)-1(a)(3), all 403(b) annuity contracts purchased by an employer for a participant are treated as one 403(b) annuity contract for purposes of 415. See also Rev. ADDITIONAL REQUIREMENTS FOR MASS SUBMITTERS, SECTION 13. REVIEW OF OPINION LETTER APPLICATIONS; ISSUANCE OF OPINION LETTERS; EMPLOYER ADOPTION WINDOW, SECTION 15. 654. Modified is used where the substance of a previously published position is being changed. Specifically, in light of the continuing Coronavirus Disease 2019 (COVID-19) pandemic, this revenue procedure extends until March 31, 2022, the time period described in section 4.02 of Rev. 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. .02 Adoption Agreement Plan See section 4.27(2). 2019-39 to expand the situations in which the plan amendment deadline for discretionary amendments made to a 403(b) Pre-approved Plan may be extended. .14 Sections 10 and 11 of Rev. Part II.Treaties and Tax Legislation. Previously, the IRS issued Notice 2021-25PDF providing guidance under the Taxpayer Certainty and Disaster Relief Act of 2020, which added a temporary exception to the 50% limit on the amount that businesses may deduct for food or beverages. 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. Only one copy of the basic plan document should be provided. .07 Section 21.03 of Rev. Per Diem Rates Maximum travel per diem rates for current and prior years for the continental United States are available at the General Service Administration (GSA) Website: Per Diem Rates Any area that is not specifically listed is assigned the standard CONUS (Continental United States) per diem rate. When a military installation or Government - related facility(whether or not specifically named) is located partially within more than one city or county boundary, the applicable per diem rate for the entire installation or facility is the higher of the rates which apply to the cities and / or counties, even though part(s) of such activities may be located outside the defined per diem locality. .14 The Department of the Treasury (Treasury Department) and the IRS expect to continue to update this Opinion Letter program revenue procedure, in whole or in part, from time to time, including providing further improvements based on comments received. .11 Additional information may be requested When reviewing the application for an Opinion Letter, the IRS may, in its discretion, require any additional information that it deems necessary, including a demonstration of how the variables (options or alternatives) in the 403(b) Pre-approved Plan interrelate to satisfy the 403(b) Requirements. .05 Section 15.06(1)(b) of Rev. As an additional savings measure, GSAs lodging per diem rate methodology includes taking five percent off the final average daily rate in each location. If a Mass Submitter repeatedly fails to identify the modifications, the IRS may deny permission to that Mass Submitter to submit additional modifications. The IRS has announced the special per diem rates that can be used to substantiate the amount of business expenses incurred for travel away from home on or after October 1, 2021. Proc. Rates for Alaska, Hawaii, U.S. SC Comptroller General 1200 Senate Street 305 Wade Hampton Office Building Columbia, SC 29201. Enter the number you have assigned to the adoption agreement for which this application is filed. Proc. M&IE Rate ($) 1 Breakfast Lunch See section 5.02 of Rev. Proc. Proc. 2013-22, a defect in the form of a plan is a provision, or the absence of a required provision, that causes the plan to fail to satisfy the 403(b) Requirements. The IRS will not consider a plan with such an omission or cross-reference until after the plan has been revised and resubmitted, and the modified plan will be treated as a new application for approval as of the date it is resubmitted, and therefore will be treated as off-cycle, as set forth in section 10.02, if resubmitted after the On-Cycle Submission Period. As a result of this modification, the interim amendment deadline set forth in section 15.06(1)(a) of Rev. Instead, the Provider should submit a restated plan, including the amendments, during the next On-Cycle Submission Period. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements. During the first year of Cycle 3, Employer X makes an amendment described in section 9.05(1), effective as of the first day of the plan year that begins during the first year of Cycle 3. If a Provider has knowledge that an Adopting Employers plan may no longer satisfy the 403(b) Requirements and the Provider does not submit a request to correct the failure to satisfy the 403(b) Requirements under EPCRS, the Provider must notify the Adopting Employer that the plan may no longer satisfy the 403(b) Requirements, advise the Adopting Employer that adverse tax consequences may result from the plans failure to satisfy 403(b), and inform the Adopting Employer about the availability of EPCRS. WASHINGTON The Internal Revenue Service today issued Notice 2021-63PDF to make clear how the temporary 100% business deduction for food or beverages from restaurants applies to taxpayers properly applying the rules of Revenue Procedure 2019-48PDF for using per diem rates. Section 403(b) Pre-approved Plan adoption agreement number (Each different adoption agreement associated with a single basic plan document must be assigned a 3-digit number, beginning with 001. The Mass Submitter must also immediately notify any affected minor modifier adopter, and the minor modifier adopter must notify all Adopting Employers of any of its 403(b) Pre-approved Plans affected by the failure and the notification must explain the effect on the reliance by Adopting Employers on the Opinion Letter. NONTRANSFERABILITY OF OPINION LETTER, SECTION 16. .13 Investment Arrangement An Investment Arrangement is a funding arrangement under a 403(b) plan. (b) Newly Approved 403(b) Pre-approved Plan A Newly Approved 403(b) Pre-approved Plan, which is a plan for which an Opinion Letter has been issued for the Cycle. .18 Nonstandardized Plan A Nonstandardized Plan is a 403(b) Pre-approved Plan that is not a Standardized Plan. Proc. (c) any plan not described in (a) or (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. Rev. See section 6.03. 92, and Rev. No options (including blanks to be completed) may be provided in the basic plan document portion of the Adoption Agreement Plan (except as provided in section 11.03(1) regarding Flexible Plans). .29 Single Document Plan See section 4.27(2). The estimated total annual reporting and/or recordkeeping burden is 29,149 hours. Proc. 2021-30 regarding the ability of the Adopting Employer to rely on the Opinion Letter). 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. (Also: 147, 1.147(f)-1). This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. The IRS anticipates establishing a program that would permit Adopting Employers to apply for a determination letter on Form 5300, Application for Determination for Employee Benefit Plan, under rules and procedures similar to the rules and procedures applicable to 401(a) pre-approved plans (see section 20.03 of Rev. collaboration. General guidance issued in 2019 regarding the use of per diems after the Tax Cuts and Jobs Act remains in effect (see our Checkpointarticle). .13 Nonidentification of questionable issues may cause delay If the 403(b) Pre-approved Plan submitted as part of an Opinion Letter application includes a provision that gives rise to an issue for which contrary published authorities exist, failure to disclose to the IRS and address any significant contrary authorities may result in requests for additional information, which will delay action on the application. If an employer pays per diem allowances that exceed what is deemed substantiated, however, the employer must either treat the excess as taxable wages or require actual substantiation. Specific eligibility requirements and submission procedures applicable to filing a Form 5307 determination letter application will be provided in a future update of Rev. When there are changes to 403(b) Requirements that affect the provisions of the written plan document, the adoption of interim amendments generally will be required in accordance with the rules set forth in section 11.04 of Rev. 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. Proc. Retirement income accounts (Note that Retirement Income Account plans must have a separate plan document). Proc. A basic plan document and all associated adoption agreements should be submitted simultaneously. For purposes of computing the amount allowable as a deduction for travel away from home, this notice is effective for meal and incidental expenses or for incidental expenses only paid or incurred on or after October 1, 2021. The application must include a copy of the plan document and any adoption agreement, if applicable. The location is presumed convenient for residents of the approving governmental unit if the public hearing is located in the approving governmental units capital or seat of government. Revocation of an Opinion Letter may be applied retroactively. See section 23.02. Proc. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. accounting firms, For An official website of the United States Government. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Proc. Proc. Standardized and Nonstandardized Plans may not be combined in one Single Document Plan. 2019-39, that are related to a change in the 403(b) Requirements for the form of a plan; (6) amendments that reflect a change of a Providers name, in which case the Provider must notify the IRS, in writing, of the change in name and certify that it still meets the conditions to be a Provider described in section 4.21 (see also section 15 regarding changes in employer identification numbers); (7) amendments to the administrative provisions in the plan (such as provisions relating to investments, plan claims procedures, or the Adopting Employers contact information), provided the amended provisions are not in conflict with any other provision of the plan, still meet the requirements of this revenue procedure, and do not cause the plan to fail to satisfy the 403(b) Requirements (see section 11.03(1)(b)(ii) for additional examples of administrative provisions); and.
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