IRS extends SECURE Act and CARES Act amendment deadlines

IRS extends SECURE Act and CARES Act amendment deadlines

by | Aug 16, 2022 | Blog

The IRS has extended the deadlines for adopting retirement plan amendments to reflect certain provisions of the SECURE Act and the CARES Act. As background, under the SECURE Act, the plan amendment deadline for most plans is the last day of the first plan year beginning on or after January 1, 2022 (2024 for governmental and applicable collectively bargained plans). Similarly, the plan amendment deadline under the CARES Act is the end of the first plan year beginning on or after January 1, 2022.

For most plans, the notice extends the deadline to adopt applicable amendments until December 31, 2025. Later deadlines apply for governmental plans, but not collectively bargained plans. The notice revises previous guidance for certain required and discretionary SECURE Act amendments and for SECURE Act changes affecting safe harbor 401(k) plans. The extended deadlines also apply to amendments by defined contribution plans (including 401(k) plans) reflecting the waiver of required minimum distributions for 2020 under the CARES Act. Timely adopted amendments will not cause a plan to fail to satisfy the anti-cutback rules or ERISA so long as, in the interim, the plan operates as if a retroactive amendment were already in effect.

EBIA Comment: This notice does not extend the deadline for adopting retroactive amendments reflecting the CARES Act’s optional coronavirus-related distribution and loan relief—that deadline remains the last day of the first plan year beginning in 2022 (2024 for governmental plans). Keep in mind that, unlike the original deadline, which was determined with reference to the plan year, the extended deadline for most plans is a specific date, so non-calendar year plans receive less time than the general three-year extension. (Governmental plan deadlines are generally based on legislative sessions.) 

Source: Thomson Reuters

IRS extends SECURE Act and CARES Act amendment deadlines

IRS updates Determination Letter application forms to reflect electronic filing

by | Jul 27, 2022 | Blog

In connection with the move to all-electronic filing of Form 5300 as of July 1, 2022, the IRS has updated related forms and instructions. Form 5300 is no longer available through the IRS forms and publications database; instead, filers are directed to the pay.gov website, where a search for “5300” will lead to a page that includes an option to preview the form. Updates to the form’s instructions include details about electronic filing such as limitations on uploaded attachments and a note that Form 8717 is not needed for submissions through the website. The updated Form 8717 instructions specify that this form should no longer be used for Form 5300 (or Form 5310, for which electronic filing has been required since August 1, 2021) unless an additional payment for an insufficient user fee is needed. The IRS’s About Form 5300 page has also been updated to reflect the electronic filing requirement.

EBIA Comment: Electronic filing of Form 5300 is now mandatory for all determination letter applications, as the brief transition period during which paper submissions were still accepted has ended.

Source: Thomson Reuters

IRS extends SECURE Act and CARES Act amendment deadlines

IRS on track to release new 1099 filing platform in 2023

by | Jun 14, 2022 | Blog

The IRS recently provided a June 2022 status update announcing that it is on track to launch the new 1099 filing portal in early January 2023.

Section 2102 of the Taxpayer First Act (TFA) requires the IRS to develop an internet portal by January 1, 2023 that will allow taxpayers to electronically file 1099 forms. The portal is to be modeled after the Social Security Administration’s (SSA’s) Business Services Online (BSO) system that allows employers to electronically file W-2 forms. The new website will provide taxpayers with IRS resources and guidance, and allow them to prepare, file and distribute 1099 forms, and create and maintain tax records.

While no details were released, the IRS has discussed the plans of the 1099 filing portal which includes retiring legacy systems, like FIRE system though no termination has been announced. The new system is expected to accept all 1099 forms, including Form 1099-NEC (Nonemployee Compensation) and will permit users to key in or upload information. The system will also be compatible with the Combined Federal/State Filing (CFSF) program.

Source: Thomson Reuters

IRS extends SECURE Act and CARES Act amendment deadlines

Unused Qualified Parking Compensation Reductions Not Transferrable to Health FSA

by | May 2, 2022 | Blog

The IRS has released an information letter responding to an inquiry from a qualified transportation plan participant whose employer decided to let him work from home permanently due to the COVID-19 pandemic. To avoid losing compensation reduction amounts he had previously set aside for parking, the participant asked whether his unused compensation reductions could be transferred to a health FSA under a cafeteria plan.

The letter explains that unused compensation reduction amounts under an employer’s qualified transportation plan can be carried over to subsequent periods under the plan and used for future commuting expenses, so long as the employee does not receive benefits that exceed the maximum excludable amount in any month. But cash refunds are not permitted, even to employees whose compensation reduction amounts exceed their need for qualified transportation fringe benefits. Furthermore, the Code prohibits cafeteria plans from offering qualified transportation fringe benefits, and IRS rules do not permit unused compensation reduction amounts under a qualified transportation plan to be transferred to a health FSA under a cafeteria plan. The letter also notes that COVID-19-related relief for FSAs gives employers the discretion to amend their cafeteria plans to permit midyear health FSA election changes for plan years ending in 2021.

EBIA Comment: The qualified transportation rules have proven sufficiently flexible to handle most situations resulting from the COVID-19 emergency. Most employers permit benefit election changes at least monthly, and plans can allow current participants to carry over unused balances indefinitely. Compensation reductions set aside for one qualified transportation benefit (e.g., parking) can even be used for a different transportation benefit (e.g., transit) if the plan permits and the maximum monthly benefit is not exceeded. But—as this participant’s request to transfer parking compensation reductions to a health FSA suggests—those options are not always sufficient. Because some risk of loss due to changing circumstances is unavoidable, employers should clearly articulate that risk to employees before they make compensation reduction elections.

Source: Thomson Reuters

IRS extends SECURE Act and CARES Act amendment deadlines

What to know about 2022 IRS 1099-R and 5498 forms

by | Mar 22, 2022 | Blog

Filing forms can sometimes be stressful. Fortunately, there’s a way to remove the guesswork. Below is the newly released information regarding the filing guidelines for the 2022 IRS 1099-R and 5498 forms.

Forms 1099-R and 5498. Changes are limited to updating year references and removing the year-specific delivery and filing deadlines. Instead, the forms now refer users to the General Instructions for due date information.

Instructions for Forms 1099-R and 5498. There are a few changes, only some of which may affect 401(k) plan sponsors and plan administrators.

  • Escheatments: Payments by qualified plans to state unclaimed property funds under escheat laws must now be reported on Form 1099-R. In Revenue Ruling 2020-24, the IRS announced a limited nonenforcement policy for payors and plan administrators who did not meet the withholding and reporting requirements described in the ruling but that relief has expired.
  • Form W-4R: Payers are reminded that, beginning in 2022, Form W-4R should be provided to recipients of nonperiodic payments and eligible rollover distributions so they can request additional withholding or claim exemption from withholding. [EBIA Comment: These instructions mention only Form W-4R, but the IRS website states that during 2022 payers may use either the 2021 Form W-4P or the redesigned 2022 Form W-4P (for periodic payments) and new Form W-4R (for nonperiodic payments). The 2021 Form W-4P should not be used after December 31, 2022.]
  • Disaster-Related Distributions: A new instruction explains how to report disaster-related distributions.

General Instructions. Dates and applicable penalty amounts have been updated. In addition, payers are alerted to several coming changes.

  • Electronic Filing Threshold: The instructions note that the IRS has been authorized to lower the 250-return threshold for electronic filing of 2022 information returns, but final regulations have not been issued. (Regulations were proposed in July 2021). The threshold remains unchanged unless final regulations are issued that apply to 2022.
  • Filing Portal: An internet portal for preparation, filing, and distribution of all Forms 1099 should be available starting in 2023.
  • Continuous Use Forms: Form 1098 and certain 1099-series forms have been converted to continuous use and will, going forward, be revised only as needed. Form 1099-R, however, will continue to be updated annually.

EBIA Comment: Qualified plan distributions of $10 or more in 2022 must be reported to the IRS on this version of Form 1099-R. The deadline for providing the 2022 Form 1099-R to plan participants and beneficiaries is January 31, 2023. Copy A must be filed with the IRS by February 28, 2023, for scannable paper filings, and by March 31, 2023, for electronic filings. The 2022 Form 5498 generally must be filed and provided by May 31, 2023, but some information (regarding fair market value and required minimum distributions) must be furnished by January 31, 2023. Copy A filings on paper must be prepared using the official printed versions of the forms obtained from the IRS. Attempts to file non-scannable photocopies of the forms may result in penalties.

Source: Thomson Reuters

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