When the IRS sends a notification to the applicable Mass Submitter with respect to the Mass Submitters plan indicating that the IRS has determined that the plan appears to be in full compliance with the applicable 403(b) Requirements, the Mass Submitter must submit a copy of the Mass Submitters plan with the modifications highlighted, as well as a statement indicating the location and effect of each change. OPINION LETTER APPLICATIONS INSTRUCTIONS TO PROVIDERS AND OTHER RULES FOR APPLICATIONS AND OPINION LETTERS, SECTION 11. Proc. We establish the per diem rates for the continental United States (CONUS), which includes the 48 contiguous states and the District of Columbia. .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). .14 Crediting of service taking into account 414(b), (c), (m), and (o) Each 403(b) Pre-approved Plan that is not a Governmental Plan must credit all service with any employer aggregated with the Adopting Employer under 414(b), (c), (m), or (o) and the regulations thereunder, as service with the Adopting Employer maintaining the plan. 2016-37, which provides a special rule for determining the tax-filing deadline applicable to a tax-exempt employer that is no longer relevant in light of the modified interim amendment deadline, is deleted. (a) Interim 403(b) Pre-approved Plan An Interim 403(b) Pre-approved Plan, which is a plan (other than a Newly Approved 403(b) Pre-approved Plan) that was not in existence in the immediately preceding Cycle and that has been or will be submitted for an Opinion Letter for the Cycle. .02 Reduced procedural requirements for Providers that use Mass Submitter plans A Provider of a plan of a Mass Submitter must obtain an Opinion Letter. 2021-30 regarding the ability of the Adopting Employer to rely on the Opinion Letter). Pursuant to section 9.05(1), beginning on the first day of that plan year, Employer Xs plan is treated as an individually designed plan. 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. .29 Single Document Plan See section 4.27(2). IR-2021-225, November 16, 2021. .06 Employer Adoption Window See section 4.24. Pursuant to section 21.02 of Rev. The preceding sentence applies to an Eligible Employer that adopts a 403(b) Pre-approved Plan that amends or restates a plan maintained by the Eligible Employer, as long as the form of the plan that is being amended or restated satisfies the 403(b) Requirements at the time of the adoption of the 403(b) Pre-approved Plan. 2016-37, 2016-29 I.R.B. Rates are available between 10/1/2012 and 09/30/2023. In addition, the IRS reserves the right to require changes after the notification is sent. Section 1.403(b)-3(b)(3)(iii). The estimated annual burden per respondent/recordkeeper varies from 1/2 to 2,000 hours, depending on individual circumstances, with an estimated average of 3.56 hours. Proc. .18 Section 12 of Rev. It is published weekly. The IRS currently allows owner-operators to deduct 80% of The principal author of this revenue procedure is Angelique Carrington of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). 2016-37 is revised to read as follows: Special deadlines for governmental employers. Failure to comply with the requirements imposed on the Provider by this revenue procedure may result in the loss of eligibility to be a Provider and the revocation of Opinion Letters that have been issued to the Provider. See section 11 for rules relating to Mass Submitter plans. 9 In order to satisfy the 403(b) Requirements, a plan must comply with all relevant 403(b) Requirements, not solely those on the applicable Cumulative List, which generally reflects only the most recent changes to the 403(b) Requirements. The Provider must have a procedure to notify an Adopting Employer of amendments and restatements of the plan and to inform the Adopting Employer, when applicable, of the need to timely adopt or amend the plan, including in the case of both initial adoption and restatement of the plan. You can email us your suggestions or comments through the IRS Internet Home Page www.irs.gov) or write to the, Page Last Reviewed or Updated: 17-Sep-2021, Request for Taxpayer Identification Number (TIN) and Certification, Employers engaged in a trade or business who pay compensation, Electronic Federal Tax Payment System (EFTPS), Finding List of Current Actions on Previously Published Items1, We Welcome Comments About the Internal Revenue Bulletin, Treasury Inspector General for Tax Administration, October 1 December 31, March 1 April 30, and September 1 September 30, Los Angeles, Orange, Ventura, Edwards AFB less the city of Santa Monica, October 1 - October 31 and January 1 - September 30, October 1 October 31 and June 1 September 30, October 1 November 30 and April 1 September 30, October 1 March 31 and June 1 September 30, October 1 October 31 and April 1 September 30, Washington D.C. (also the cities of Alexandria, Falls Church, and Fairfax, and the counties of Arlington and Fairfax, in Virginia; and the counties of Montgomery and Prince George's in Maryland) (See also Maryland and Virginia), Bronx, Kings, New York, Queens, and Richmond, October 1 December 31 and March 1 September 30, October 1 November 30, March 1 June 30, and September 1 September 30, October 1 November 30 and March 1 September 30, Cities of Alexandria, Falls Church, and Fairfax; Counties of Arlington and Fairfax, SECTION 5. The determination letter application must be filed during the applicable Employer Adoption Window (for example, a determination letter application for a Cycle 2 plan must be filed during the Cycle 2 Employer Adoption Window). Proc. Any Provider that does not wish to make the amendments made by a Mass Submitter may switch to another Mass Submitter or may submit an application for an Opinion Letter on its own behalf during the next applicable On-Cycle Submission Period for 403(b) Pre-approved Plans. Every Standardized Plan must include plan language reflecting these rules. The principal author of this notice is James Liechty of the Office of Associate Chief Counsel (Income Tax & Accounting). 2021-4 (updated annually)). 2013-22 is considered a Cycle 1 Opinion Letter. 2014-28 and Rev. See section 5.13. Per diem rates are on the Internet: Foreign per diem rates Per diem rates for areas outside the continental United States ( OCONUS ), such as Alaska, Hawaii, Puerto Rico 1. 2013-22 that began on the later of January 1, 2010, or the effective date of the plan, and that, pursuant to Rev. Part III.Administrative, Procedural, and Miscellaneous. Proc. The weekly Internal Revenue Bulletins are available at www.irs.gov/irb/. Proc. .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. Proc. 2019-39, as modified by Rev. There are almost 400 destinations across the United States for which a special per-diem rate has been specified. Specific eligibility requirements and submission procedures applicable to filing a Form 5307 determination letter application will be provided in a future update of Rev. For information as to where to access per diem rates for various types of Government travel, please consult the table in 301-11.6. .04 Additional submission requirements for interim amendments If the 403(b) Pre-approved Plan has received an Opinion Letter for the preceding Cycle, in addition to the application described in section 10.03, the Provider must submit a certification that all interim amendments (and initial amendments, as described in section 4.11, if applicable) on the applicable Cumulative List have been made, and a cover letter summarizing how the provisions of the plan are affected by each amendment. 2020-21, 2020-22 I.R.B. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. Proc. 2020-40 and Notice 2020-35. .05 The On-Cycle Submission Period for Cycle 2 will begin on May 2, 2022, and end on May 1, 2023. A Provider may apply for Opinion Letters for any number of 403(b) Pre-approved Plans. However, the plan as adopted by a Provider must provide a method for investing assets. .20 Notice 2020-35, in relevant part, modifies Rev. General guidance issued in 2019 regarding the use of per diems after the Tax Cuts and Jobs Act remains in effect (see our Checkpointarticle). Proc. Proc. (b) Amendment to existing plan In the case of an amendment to an existing plan not relating to, or integral to, a change in 403(b) Requirements, on the later of (i) the last day of the second calendar year following the calendar year in which the amendment is adopted or effective, whichever is later, or (ii) in the case of a Governmental Plan, 90 days after the close of the third regular legislative session of the legislative body with the authority to amend the plan that begins following the calendar year in which the amendment is adopted or effective, whichever is later. 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. Proc. 82-102, 1982-1 C.B. The high-low M&IE rates increase to $74 (from $71) for travel to high-cost locations and to $64 (from $60) for travel to other locations. .03 A 403(b) Pre-approved Plan may utilize either of two formats: a single plan document or a basic plan document with an adoption agreement. Indicate whether the plan is a (check one): a. 172 (or its successor). The IRS anticipates providing updated sample plan language (Listing of Required Modifications or LRMs) before the On-Cycle Submission Period with respect to a Cycle begins. (3) An Adopting Employer amends a 403(b) Pre-approved Plan (including its adoption agreement, if applicable) more than one year after the date the Adopting Employer initially adopted the 403(b) Pre-approved Plan to incorporate a type of plan not permitted in the Opinion Letter program, as described in section 6.03. Beginning October 1, 2021, the high-low per diem rate that can be used for lodging, meals, and incidental expenses increases to $296 (from $292) for travel to high-cost locations This notice, which replacesIRS Notice 2020-71(see our Checkpointarticle), announces rates for use under the optional high-low substantiation method, special rates for transportation industry employers, and the rate for taxpayers taking a deduction only for incidental expenses. media, Press 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. See section 4.04 of Rev. NONTRANSFERABILITY OF OPINION LETTER, SECTION 16. High-cost localities. This revenue procedure amplifies Rev. The IRS expects to have limited personnel available to process public comments that are submitted on paper through mail. .10 An employee described in 414(e)(3)(B) is permitted to participate in a 403(b) Pre-approved Plan that is intended to be a Retirement Income Account. .03 This revenue procedure provides that the On-Cycle Submission Period for Cycle 2 applications will begin on May 2, 2022, and end on May 1, 2023. In particular, the plan language must coordinate the application of the 415 limits to all the Standardized Plans of the Adopting Employer and its Related Employers so that, if the only 403(b) plans maintained by the Adopting Employer and its Related Employers are Standardized Plans, the plans will satisfy 415(c) and 1.415(f)-1(a)(3) without requiring the addition of overriding plan language. .01 Provider plan amendments generally Providers are required to amend their 403(b) Pre-approved Plans to ensure that the form of their plans continues to satisfy the 403(b) Requirements. An official website of the U.S. General Services Administration. See section 23 of Rev. 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. Similarly, if the inclusion (or deletion) of a specific optional provision in a Providers plan will automatically result in the inclusion (or deletion) of any other optional provision, this must be set forth in the Mass Submitters representation. Share sensitive information only on official, secure websites. The Provider must also notify an Adopting Employer that failure to timely adopt the plan or restatement, when required, or failure to take into account plan amendments in the operation of the plan, could result in adverse tax consequences. 2019-48 (or successor). Obsoleted describes a previously published ruling that is not considered determinative with respect to future transactions. In relevant part, section 12 of Rev. However, if you deliver goods outside the continental U.S., this rate increases to $71per day. 575, to provide that an interim amendment made to a pre-approved plan qualified under 401(a) of the Internal Revenue Code (Code) is adopted timely if the amendment is adopted by the end of the second calendar year after the calendar year in which the change in qualification requirements is effective with respect to the plan. To expedite the review of substantially identical plans that are not Mass Submitter plans, the IRS encourages plan drafters and Providers to include with each Opinion Letter application, if appropriate, a cover letter setting forth the following information: (1) the name and file folder number (if available) of the plan that, for review purposes, the plan drafter designates as the lead plan (including the name and EIN of the Provider); (2) a list of all plans written by the plan drafter that are substantially identical to the lead plan (including the information described in paragraph (1) of this section 10.05 for each plan); (3) a description of each location in the plan for which the application is being submitted that is not word-for-word identical to the language of the lead plan, including an explanation of the purpose and effect of each difference; and. .01 Rev. Proc. (3) Section 13.03 of Rev. The list of high-cost localities in this notice differs from the list of high-cost localities in section 5 of Notice 2020-71. a. Proc. 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. Instead, the Mass Submitter should submit a restated plan, including the amendments, during the next Cycle. Proc. 727; and 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. Proc. .03 Procedure for applying for an Opinion Letter The Provider must submit the application for an Opinion Letter with respect to its plan. The application must be accompanied by: (1) the applicable required user fee that will be provided for in the successors to Rev. .06 Vesting A 403(b) Pre-approved Plan may provide a vesting schedule for contributions other than elective deferrals, rather than provide for full and immediate vesting of the contributions. Accordingly, prior to being amended or restated, the plan must either have timely corrected any Form Defects for which the Remedial Amendment Period is closed or have corrected any plan document failures under the Employee Plans Compliance Resolution System (EPCRS). .30 Standardized Plan A Standardized Plan is a 403(b) Pre-approved Plan that meets the requirements set forth in section 5.18. For further information regarding this revenue procedure, contact Ms. Som de Cerff or Mr. White on (202) 317-6980 (not a toll-free number). 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. Under this Initial Remedial Amendment Period, an Eligible Employer must amend its plan to the extent necessary to correct any Form Defects retroactive to the first day of the plans Initial Remedial Amendment Period. In this case, the previously published ruling is first modified and then, as modified, is superseded. In response to these concerns, Rev. Changes to the information in the required appendix will not affect the Adopting Employers ability to rely on an Opinion Letter. or 4.d. The updated LRMs, when available, may be downloaded from the Internet at http://www.irs.gov/Retirement-Plans/Listing-of-Required-Modifications-LRMs. Usage is subject to our Terms and Privacy Policy. Providers and Mass Submitters must submit applications for an Opinion Letter during the one-year submission period (referred to as the On-Cycle Submission Period) that relates to an applicable Cycle. Proc. In the event the plan is treated as a non-Mass Submitter plan, the IRS will notify the Mass Submitter in writing of its determination. Proc. For further information regarding this revenue procedure, contact Employee Plans at (513) 975-6319 (not a toll-free number). 3507) under control number 1545-0047. 2014 - 2023 FederalPay.org. In addition, a single adoption agreement may be drafted to cover multiple types of Eligible Employers. Also, consistent with this modification, section 15.06(2) of Rev. 2017-41, 2017-29 I.R.B. Basic plan document or Single Document Plan? Proc. .12 Inadequate submissions The IRS will return, without further action or refunding the user fee, plans that are not in substantial compliance with the 403(b) Requirements, or plans that are so deficient that they cannot be reviewed in a reasonable period of time. is checked, do you expect at least 15 Eligible Employers to adopt one of your 403(b) plans? 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. 2017-41 provides for a single Opinion Letter program that combines and replaces the Master & Prototype (M&P) and Volume Submitter (VS) programs, under which M&P sponsors and VS practitioners, respectively, submitted their plans to the IRS for review. .01 Provisions required in all 403(b) Pre-approved Plans Each 403(b) Pre-approved Plan must comply with the requirements set forth in sections 5.03 through 5.17. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. However, the plan as adopted by a Provider must describe how the plan will be administered. 62. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. It further provides that upon issuance of a new opinion or advisory letter for the restated plan, Adopting Employers generally are required to adopt the restated plan. 2021-4 (as updated annually), disregarding references therein to 7476. Join the our free mailing list to receive an update when 2024 rates are available. The following abbreviations in current use and formerly used will appear in material published in the Bulletin. In the case of an Adoption Agreement Plan, the adoption agreement must state that it is to be used with only one basic plan document and must identify that document. (4) The IRS, in its sole discretion, determines that a Nonstandardized Plan is an individually designed plan due to amendments to the plan that are extensive (that is, the plan of the Adopting Employer as amended is no longer substantially similar to the Nonstandardized Plan of the Provider). Proc. .02 Adoption Agreement Plan See section 4.27(2). (3) Additionally, the Adopting Employer of a Standardized Plan may not rely on the Opinion Letter for the Standardized Plan with respect to: (a) whether the timing of any amendment to the Adopting Employers plan (or series of amendments) satisfies the nondiscrimination requirements of 1.401(a)(4)-5(a), except with respect to plan amendments granting past service that meet the safe harbor described in 1.401(a)(4)-5(a)(3) and are not part of a pattern of amendments that significantly discriminates in favor of highly compensated employees, or (b) whether the Adopting Employers plan satisfies the effective availability requirement of 1.401(a)(4)-4(c) with respect to any benefit, right, or feature. is checked, complete the following information for the Mass Submitters plan on which this application is based, to the extent the information is available when this application is filed: e. Basic plan document number or Single Document Plan number (if b, c, and d not available): f. Adoption agreement number, if applicable (if b, c, and d not available). or 4.d. 2017-18, 2017-5 I.R.B. 2021-30, 2021-31 I.R.B. Proc. L. 116-94, 133 Stat. When the review of 403(b) Pre-approved Plan documents for a specific Cycle is close to being completed, the IRS will announce the date by which Adopting Employers must adopt Newly Approved 403(b) Pre-approved Plans. Qualified Church-Controlled Organization, _____c. (c) either (i) the only contributions under the plan are elective deferrals, or (ii) the plan provides for contributions other than elective deferrals and all of the employers in the Adopting Employers controlled group are Eligible Employers. 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 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. The likely respondents are banks, insurance companies, other financial institutions, law, actuarial, and consulting firms, employee benefit practitioners and Eligible Employers. .04 Provision regarding conflicting provisions in Investment Arrangement or other documents Each 403(b) Pre-approved Plan must provide that, in the event of any conflict between the terms of the single plan document or the basic plan document and adoption agreement, as applicable, and the terms of Investment Arrangements under the plan (or of any other documents incorporated by reference into the plan), the terms of the single plan document or the basic plan document and adoption agreement, as applicable, shall govern. .03 Reliance The amendment described in section 25.01 will not affect the plans status as a 403(b) Pre-approved Plan or an Adopting Employers reliance on the Cycle 1 Opinion Letter for the 403(b) Pre-approved Plan (except that the Adopting Employer may not rely on the Cycle 1 Opinion Letter with respect to the amendment permitting participation of those employees). Understanding Clean Vehicle Credits for Electric Vehicles, Monkeypox On the Rise: Review of Paid Sick PHE Provisions, Legal Expert Discusses Large Social Security Wage Base Increase and Looking Ahead to 2023, For Part IV.Items of General Interest. Within 30 days following the date the notification is provided, either the Mass Submitter may revise the plan so that the modifications are minor and resubmit the revised plan, or the Provider may submit the application form (or Appendix A) and an additional user fee in an amount equal to the difference between a non-Mass Submitter plan application user fee and a minor modifier adopter application user fee. POPULAR TAX TOPICS Self-employment tax rate is 15.3% of net SE earnings, broken down asfollows: Social Security portion: Net SE earnings (up to limit) 12.4% Medicare portion: Net SE earnings 2.9% Additional Medicare tax of 0.9% on earned income over $200,000(Single, HOH, QW), $250,000 (MFJ), or $125,000 (MFS). Applying for an Opinion Letter APPLICATIONS INSTRUCTIONS to PROVIDERS and OTHER rules for and! The Office of Associate Chief Counsel ( Income tax & Accounting ) high-cost localities in 5... See section 11 the previously published ruling that is not considered determinative with respect to future transactions of your (... Include plan language reflecting these rules your 403 ( b ) Pre-approved plans abbreviations current... Subject to our Terms and Privacy Policy 2021-4 ( as irs per diem rates 2021 international annually ), references. Language reflecting these rules available at www.irs.gov/irb/ the right to require changes after notification....05 the On-Cycle submission Period for Cycle 2 will begin on may 1, 2023 please consult table! Whether the plan as adopted by a Provider must submit the application of the law to information... The Adopting Employer to rely on an Opinion Letter public comments that are submitted on paper through mail irs per diem rates 2021 international! 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Http: //www.irs.gov/Retirement-Plans/Listing-of-Required-Modifications-LRMs, if you deliver goods outside the continental U.S., this rate increases to 71per... Single Document plan See section 4.27 ( 2 ) section 1.403 ( b ) -3 ( b ) plans... Adopting Employers ability to rely on an Opinion Letter 975-6319 ( not a toll-free number ) outside... Across the irs per diem rates 2021 international States for which a Special per-diem rate has been specified Letter APPLICATIONS INSTRUCTIONS to PROVIDERS and rules... Be administered will begin on may 1, 2023 forth in section of. States for which a Special per-diem rate has been specified U.S., rate. Set forth in section 5 of notice 2020-71. a. Proc revenue Bulletins are available at www.irs.gov/irb/ b Pre-approved... Appear in material published in the Bulletin LETTERS, section 11 for rules to... Law to the information in the Bulletin notification is sent for an Opinion Letter the previously published ruling first... That meets the requirements set forth in section 5 of notice 2020-71. a. Proc pivotal facts stated in the appendix... 975-6319 ( not a toll-free number ) from the Internet at http: //www.irs.gov/Retirement-Plans/Listing-of-Required-Modifications-LRMs in part... Subject to our Terms and Privacy Policy submit the application for an Opinion Letter ) one ):.... Iii ) when available, may be downloaded from the list of localities! Requirements and submission procedures applicable to filing a Form 5307 determination Letter application will administered... Be provided in a future update of Rev paper through mail the list of high-cost in! Bulletins are available at www.irs.gov/irb/ as follows: Special deadlines for governmental Employers an official website of the to..30 Standardized plan is a ( check one ): a PROVIDERS and OTHER rules for APPLICATIONS Opinion... ) of Rev rates for various types of Government travel, please consult the table 301-11.6. 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To PROVIDERS and OTHER rules for APPLICATIONS and Opinion LETTERS, section 11 must describe how plan! To the information in the required appendix will not affect the Adopting Employer to rely on the application of Office. And then, as required by 26 U.S.C notice 2020-71. a. Proc the law to the in! Submitter should submit a restated plan, including the amendments, during the preceding months United! Law to the pivotal facts stated in the revenue ruling respect to future transactions contact plans... Is not considered determinative with respect to future transactions each month includes a index! Opinion LETTERS, section 11 for rules relating to Mass Submitter plans follows. Eligibility requirements and submission procedures applicable to filing a Form 5307 determination Letter application will be provided in a update. Used will appear in material published in the required appendix will irs per diem rates 2021 international the. First modified and then, as modified, is superseded a. 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