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IRS Priority Guidance Plan for 2008 - 2009 Year
Rev. 10/10/08, E-mail Alert 2008-13

EMPLOYEE BENEFITS
A. Retirement Benefits
1. Guidance on group trusts under Rev. Ruls. 81-100 and 2004-67.

2. Notice on cumulative list of changes in plan qualification requirements.

3. Update of Employee Plans Compliance Resolution System (EPCRS).
• PUBLISHED 09/02/2008 in IRB 2008-35 as REV. PROC. 2008-50 (released 08/14/2008).

4. Follow on guidance to Not. 2007-69 for governmental plans.

5. Final regulations under §401(a)(9) on required minimum distribution rules for governmental plans, as directed by the Pension Protection Act of 2006. Proposed regulations were published on July 10, 2008.

6. Final regulations on diversification requirements under §401(a)(35), as added by the Pension Protection Act of 2006. Proposed regulations were published on January 3, 2008.

7. Final regulations under §402 on the treatment of incidental health insurance benefits provided under a profit-sharing or stock bonus plan. Proposed regulations were published on August 20, 2007.

8. Update of model notice under §402(f) relating to eligible rollover distributions.

9. Revenue procedure on §403(b) prototype plan documents.

10. Revenue ruling to obsolete §403(b) Internal Revenue Bulletin guidance that is no longer applicable.

11. Guidance on pre-approved IRAs regarding recent law changes.

12. Guidance on special issues relating to rollovers from qualified retirement plans (other than from Roth IRAs or designated Roth accounts) to Roth IRAs.

13. Proposed regulations under §411(a)(11) to provide a description of the consequences of failing to defer, as directed by the Pension Protection Act of 2006.

14. Final regulations on hybrid plans under §§411(a)(13) and 411(b)(5), as added by the Pension Protection Act of 2006. Proposed regulations were published on December 28, 2007.

15. Final regulations under §411(b) on accrual rules for defined benefit plans.
Proposed regulations were published on June 18, 2008.

16. Proposed regulations regarding the market rate of return limitation under §411(b)(5).

17. Guidance on retroactive plan amendments under §1107 of the Pension Protection Act of 2006.

18. Guidance on requirements for governmental plan status under §414(d).

19. Guidance on church plans.

20. Notice on certain retirement plan provisions of the Heroes Earnings Assistance and Relief Tax Act of 2008.

21. Notice on §903 of the Pension Protection Act of 2006 relating to eligible combined defined benefit plans and qualified cash or deferred arrangements.

22. Final regulations on automatic enrollment under §§414(w), 401(k)(13) and
401(m)(12)
, as added by the Pension Protection Act of 2006. Proposed regulations were published on November 8, 2007.

23. Final regulations on the measurement of assets and liabilities under §430, as added by the Pension Protection Act of 2006. Proposed regulations were published December 31, 2007.

24. Final regulations on the determination of the minimum required contributions under §430, as added by the Pension Protection Act of 2006. Proposed regulations were published on April 15, 2008.

25. Notice on mortality tables for funding purposes for years 2009-2013.

26. Update of Rev. Proc. 2007-37 relating to plan-specific mortality tables under §430(h)(3), as added by the Pension Protection Act of 2006.

27. Proposed regulations on funding improvement plans and rehabilitation plans for multiemployer plans under §432 and related excise taxes under §4971(g), as added by the Pension Protection Act of 2006.

28. Final regulations on determination of endangered or critical status for multiemployer plans under §432, as added by the Pension Protection Act of 2006.
Proposed regulations were published on March 18, 2008.

29. Notice expanding the availability of transition relief in Not. 2008-21 under  §436.
• WILL BE PUBLISHED 09/22/2008 in IRB 2008-38 as NOT. 2008-73 (released
09/03/2008).

30. Final regulations on funding-based benefit limits under §436, as added by the
Pension Protection Act of 2006. Proposed regulations were published on August 31, 2007.

31. Final regulations under §4980F with respect to retroactive effective dates.
Proposed regulations were published on March 21, 2008.

32. Proposed regulations on annual reporting for qualified plans.

 

B. Executive Compensation, Health Care and Other Benefits, and Employment Taxes

1. Guidance on applying §105(h) nondiscrimination rules to self-insured retiree medical plans.

2. Final comprehensive regulations on cafeteria plans under §125. Proposed regulations were published on August 6, 2007.

3. Guidance on §114 of the Heroes Earnings Assistance and Relief Tax Act of 2008, adding new §125(h), relating to qualified reservist distributions from a health FSA to reservists called to active duty.

4. Notice on the effective date for compliance with the requirements of Rev. Rul. 2006-57 regarding the use of smartcards, debit or credit cards, or other electronic media to provide qualified transportation fringe benefits.
● WILL BE PUBLISHED 09/22/2008 in IRB 2008-38 as NOT. 2008-74 (released
09/03/2008).

5. Revenue procedure on the application of the cross-reference of §152(e) to other code sections when the custodial parent has not released the claim to the personal exemption for a dependent under §152(e)(2).
• PUBLISHED 09/08/2008 in IRB 2008-36 as REV. PROC. 2008-48 (released
08/18/2008).

6. Revenue ruling on the applicability of §162(l) to COBRA premiums.

7. Proposed regulations under §162(m) on the transition relief under Treas. Reg.§1.162-27(f)(1).

8. Guidance on additional issues on Health Savings Accounts (HSAs).

9. Final regulations under §274(i) on qualified non-personal use vehicles. Proposed
regulations were published on June 9, 2008.

10. Regulations under §409A on the calculation of income inclusion and additional taxes.

11. Guidance on §409A correction program.

12. Guidance regarding reporting and income tax withholding under §409A.

13. Revenue Procedure on private letter rulings not involving §409A.

14. Final regulations under §423 regarding employee stock purchase plans. Proposed regulations were published on July 29, 2008.

15. Guidance under §457(f) on ineligible plans.

16. Revenue ruling on SECA tax on Conservation Reserve Payments that reflects the enactment of the Food, Conservation, and Energy Act of 2008.

17. Guidance under §105 of the Heroes Earnings Assistance and Relief Tax Act of
2008 regarding the treatment of military differential pay as wages.

18. Regulations implementing new §3121(z), as added by the Heroes Earnings Assistance and Relief Tax Act of 2008, on foreign employers.

19. Guidance under §3504 on reporting FUTA taxes for home health care recipients.

20. Guidance under §4980B regarding calculation of the applicable premium for COBRA continuation coverage.

21. Final regulations on Health Opportunity Patient Empowerment Act of 2006 changes to §4980G with respect to comparable employer contributions to employees’ HSAs.
Proposed regulations were published on July 16, 2008.

22. Proposed regulations under §4980G on interaction of §4980G and §125 with respect to comparable employer contributions to employees’ HSAs.

23. Final regulations under §6039 on information reporting on stock transfers.
Proposed regulations were published on July 17, 2008.

24. Guidance under §§6205, 6402, 6413, and 6414 on making employment tax
adjustments and refund claims
.

25. Temporary regulations implementing Genetic Information Nondiscrimination Act of 2008.


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