IRS Rev. Proc. 2020-4 Updates the Determination Letter Program | Practical Law

IRS Rev. Proc. 2020-4 Updates the Determination Letter Program | Practical Law

The Internal Revenue Service (IRS) issued Revenue Procedure 2020-4 (Rev. Proc. 2020-4), which makes several changes to the determination letter program and Voluntary Correction Program (VCP) fees.

IRS Rev. Proc. 2020-4 Updates the Determination Letter Program

Practical Law Legal Update w-023-4789 (Approx. 5 pages)

IRS Rev. Proc. 2020-4 Updates the Determination Letter Program

by Practical Law Employee Benefits & Executive Compensation
Published on 06 Jan 2020USA (National/Federal)
The Internal Revenue Service (IRS) issued Revenue Procedure 2020-4 (Rev. Proc. 2020-4), which makes several changes to the determination letter program and Voluntary Correction Program (VCP) fees.

Changes to Rev. Proc. 2019-4

Rev. Proc. 2020-4 includes substantive changes to Rev. Proc. 2019-4 and provides:
  • General information about the types of advice provided by the IRS Tax Exempt and Government Entities Division, Employee Plans Rulings and Agreements Office (Employee Plans Rulings and Agreements).
  • General procedures for letter ruling and determination letter requests.
  • Specific procedures for determination letter requests.
  • The user fees for advice requested from Employee Plans Rulings and Agreements.

Requesting Determination Letters

Rev. Proc. 2020-4 includes the following changes to the determination letter program:
  • Section 3.04 has been revised to provide that a determination letter issued on the qualified status of a plan will include the status for exemption of any related trusts or custodial accounts under Code Section 501(a) (26 U.S.C. § 501(a)), except with respect to a determination letter submitted by an adopting employer of a pre-approved plan regarding the third (and subsequent) six-year remedial amendment cycles applicable to pre-approved plans, as described in Section 12B.
  • Section 6.02 has been modified to provide a list of applicable documents that should be submitted with determination letter request applications to enable the IRS to more efficiently process them.
  • Section 8.02 has been modified to:
  • Section 9.07 has been revised to delete a sentence that provided that a favorable determination letter does not constitute a determination with respect to the federal tax consequences of a lump sum risk transferring program. Under IRS Notice 2019-18, the IRS will no longer include a caveat in a determination letter expressing no opinion regarding the tax consequences of lump sum windows (see Legal Update, IRS Notice 2019-18 Allows for Lump Sum Risk Transferring Programs for Participants in Pay Status).
  • Section 10.06(2) has been added, and Section 11.01 has been revised, to provide that the IRS will accept determination letter applications for certain individually designed merged plans on an ongoing basis under Rev. Proc. 2019-20 (see Legal Update, IRS Rev. Proc. 2019-20 Expands Determination Letter Program). Section 11.01 has also been revised to provide that the IRS will accept determination letter applications for certain statutory hybrid plans from September 1, 2019, to August 31, 2020.
  • Section 12 has been reorganized into Section 12A and Section 12B to set forth procedures for an adopting employer of a pre-approved plan or the controlling member of a multiple employer plan to submit an application for a determination letter. Section 12A provides application procedures for defined benefit master and prototype (M&P) and volume submitter (VS) pre-approved plans regarding the second six-year remedial amendment cycle. Section 12B provides application procedures for determination letters regarding the third (and subsequent) six-year remedial amendment cycles.
  • Section 13 has been revised to provide procedures for an adopting employer of a pre-approved plan that is eligible to use Form 5307 to request a determination letter for the second and the third six-year remedial amendment cycles.

VCP User Fees and Other User Fees

Regarding user fees, Rev. Proc. 2020-4 makes the following changes to Rev. Proc. 2019-4:

Other Changes

Rev. Proc. 2020-4 also made additional changes to Rev. Proc. 2019-4, including:
  • Section 3.06(2) has been revised to replace "Appeals Office" with "Internal Revenue Service Office of Appeals (Independent Office of Appeals)." Corresponding name changes are made throughout Rev. Proc. 2020-4.
  • Section 31 has been revised to update mailing addresses.

Practical Implications

Retirement plan sponsors and practitioners should be aware of the changes to the determination letter procedures and IRS fees instituted by Rev. Proc. 2020-4. Rev. Proc. 2020-4 took effect on January 2, 2020.