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Meeting of the Advisory Group to the Internal Revenue Service Tax Exempt and Government Entities Division

"The Advisory Committee on Tax Exempt and Government Entities (ACT) will hold a public meeting on Wednesday, June 8, 2016.... Issues to be discussed [include] Employee Plans: Analysis and Recommendations Regarding Changes to the Determination Letter Program."  MORE >>

Treasury Department Circular No. 230 (Rev. 6-2014): Regulations Governing Practice Before the Internal Revenue Service (PDF)

The IRS on June 9 finalized Circular 230 regulations (TD 9668), which adopted the approach taken in the proposed regulations, namely eliminating the covered opinion rules in former Circular 230 section 10.35 and instead subjecting all written tax advice to one standard under a revised section 10.37. This June 2014 revision and restatement of Circular 230 reflects the final regulations.

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Final IRS Regs on Practice Before the Internal Revenue Service; New Requirements for Retirement Plan Agents (PDF)

69 pages. Excerpt: These regulations generally limit the practice of enrolled retirement plan agents to representation with respect to issues arising under the following employee plan programs: (1) Employee Plans Determination Letter program; (2) Employee Plans Compliance Resolution System; and (3) Employee Plans Master and Prototype and 5 Volume Submitter program. Enrolled retirement plan agents also are permitted to represent taxpayers generally with respect to IRS forms under the 5300 and 5500 series, which are filed by retirement plans and plan sponsors, but not with respect to actuarial forms or schedules. The Advisory Committee recommended the implementation of procedures for enrollment similar to the current enrolled agent program. The Treasury Department and IRS adopt that recommendation. Enrolled retirement plan agents will be subject to an examination to determine competency, a renewal process and continuing professional education requirements.

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CRS Insight: Internal Revenue Service Standard Mileage Rates (PDF)

"The [IRS] provides standard mileage rates as optional methods for taxpayers to substantiate their transportation expenses. This Insight reviews how the standard mileage rates are set, who uses them, and a history of the rates." [IN12320 Feb. 16, 2024]

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Gag Clause Prohibitions in ERISA, the Internal Revenue Code and the Public Health Service Act

"Plans and issuers subject to these gag clause prohibitions are required to submit an annual attestation here, with the first due Dec. 31, 2023, and on each Dec. 31 thereafter.... The FAQ sheet ... includes helpful examples of what constitutes a gag clause. One such example ... makes clear that a provision giving a TPA discretion over the plan's access is considered a gag clause[.]"  MORE >>

The Final Fiduciary Rule: How the Labor Department Brought the Internal Revenue Service Wolf to the RIA Door

"If the DOL writes a rule, is it really a regulation at all if nobody is there to enforce it other than a bunch of freelancing tort lawyers? It's a metaphysical and legal questions that hangs over the [DOL's] imposition of fiduciary responsibility over IRA assets where it has no jurisdiction to mete out justice against financial advisors who put their own interests ahead of clients. It's the [IRS] that oversees Individual Retirement Accounts. So what gives?"

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Text of Final Regs Governing Practice Before the Internal Revenue Service, Amending Circular 230

"This document contains final regulations revising the regulations governing practice before the [IRS]. These final regulations affect individuals who practice before the IRS. These final regulations modify the standards governing written advice and update other related provisions of the regulations. These regulations are effective on June 12, 2014."  MORE >>

American Bar Association March 28, 2005, Letter to the Internal Revenue Service on Code Section 409A (PDF)

18 pages. Comments on Code Section 409A Regarding the Definition of Nonqualified Deferred Compensation Focusing on Foreign Plan Issues

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Text of IRS Notice 2014-35: Relief from Internal Revenue Code Late Filer Penalties for Certain Employee Benefit Plans (PDF)

"The Service will not impose penalties under Sections 6652(d) and 6652(e) (as those sections relate to the filing of Form 5500, Form 5500-SF, and Form 8955-SSA) or under Section 6692 (relating to the filing of actuarial reports required by Section [6059] with respect to a year for which filing of such a form is required on a person who [1] is eligible for and satisfies the requirements of the DFVC Program with respect to a delinquent Form 5500 series return for such year and [2] files separately with the Service, in the form and within the time prescribed by this notice, a Form 8955-SSA with any information required to be filed under Section 6057 for the year to which the DFVC filing relates (to the extent that the information has not previously been provided to the Service).... [T]his notice provides relief from the penalties applicable under the Code to the late filing of Forms 5500 and 5500-SF only if any applicable Form 8955-SSA is also filed for the year at issue.... Any Form 8955-SSA required to be filed with the Service pursuant to this notice must be filed on paper by the later of 30 calendar days after the filer completes the DFVC filing or December 1, 2014.... Form 5500-EZ and Form 5500-SF filers for plans without employees ... are not eligible for the relief in this notice. In Rev. Proc. 2014-32 ... the Service has established a temporary pilot program to afford penalty relief under the Code for delinquent Form 5500 series filers that are not covered under Title I of ERISA[.]"

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Text of IRS Notice 2025-36: Eliminating Unnecessary IRS Internal Revenue Bulletin Guidance (PDF)

"This notice continues the process of eliminating extraneous and unnecessary Internal Revenue Bulletin guidance by identifying and obsoleting 83 IRB guidance documents.... These guidance documents no longer provide useful information, and clarifying their status as obsolete will streamline administration of the tax laws; reduce the volume of guidance that taxpayers and their advisors need to review for compliance with the tax laws; and increase clarity of the tax law.... Guidance to be eliminated [includes]:

• Notice 2016-75, Section 45R -- 2016 Guidance with Respect to the Tax Credit for Employee Health Insurance Expenses of Certain Small Employers
• Notice 2015-8, Section 45R -- 2015 Guidance with Respect to the Tax Credit for Employee Health Insurance Expenses of Certain Small Employers
• Notice 2014-6, Section 45R -- Transition Relief with Respect to the Tax Credit for Employee Health Insurance Expenses of Certain Small Employers
• Notice 2011-73, Request for Comments on Health Coverage Affordability Safe Harbor for Employers (Section 4980H)
• Notice 2008-94, Guidance on Sections 162(m)(5) and 280G(e) of the Internal Revenue Code"

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Draft of Instructions for IRS Form 8928: Return of Certain Excise Taxes Under Chapter 43 of the Internal Revenue Code (PDF)

"File Form 8928 to report the tax due on the following failures by group health plans or employers. [1] A failure to provide a level of coverage of the costs of pediatric vaccines ... that is not below the coverage provided as of May 1, 1993. [2] A failure to satisfy continuation coverage requirements under section 4980B. [3] A failure to meet portability, access, renewability, and market reform requirements ... [4] A failure to make comparable Archer medical savings account (MSA) contributions ... [5] A failure to make comparable health savings account (HSA) contributions[.]"  MORE >>

Health Savings Custodial Account: (Under section 223(a) of the Internal Revenue Code) Form (PDF)

Excerpt: The Internal Revenue Service has released the final version of the model health savings account (HSA) form, IRS Form 5305-C ('Health Savings Custodial Account. The form can be used to establish HSAs.

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Health Savings Trust Account (Under section 223(a) of the Internal Revenue Code) Form (PDF)

Excerpt: The Internal Revenue Service has released the final version of the model health savings account (HSA) form, IRS Form 5305-B, Health Savings Trust Account. The form can be used to establish HSAs.

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What Medical Expenses Qualify as Tax Deductible Under Section 213 of the Internal Revenue Code?

"These Sec. 213 FAQs clarify what medical services and products qualify for deduction or reimbursement. Overall, a physician's prescription or recommendation for a particular medical service or product will be a significant factor in determining whether an employee may deduct or reimburse an expense using tax savings accounts. The same applies to medical services or products treating a physician-diagnosed disease."

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Text of IRS Proposed Regs: Certain Employee Remuneration in Excess of $1,000,000 Under Internal Revenue Code Section 162(m)

25 pages. "This document sets forth proposed regulations under section 162(m) of the Internal Revenue Code, which limits the deduction for certain employee remuneration in excess of $1,000,000 for Federal income tax purposes. These proposed regulations implement the amendments made to section 162(m) by the American Rescue Plan Act of 2021. These proposed regulations would affect publicly held corporations."  MORE >>

Text of IRS Final Regs: Certain Employee Remuneration in Excess of $1,000,000 Under Internal Revenue Code Section 162(m)

109 pages. "This document sets forth final regulations under section 162(m) of the Internal Revenue Code, which for federal income tax purposes limits the deduction for certain employee remuneration in excess of $1,000,000.... These final regulations retain the basic approach and structure of the proposed regulations, with certain revisions (including revised examples)."  MORE >>

Text of IRS Notice 2012-6: Qualified Pension, Profit-Sharing, and Stock Bonus Plans under the Puerto Rico Internal Revenue Code (PDF)

This notice extends and expands the transition relief provided under Rev. Rul. 2011-1, 2011-2 I.R.B. 251, and Rev. Rul. 2008-40, 2008-2 C.B. 166, for certain group trusts, certain retirement trusts that qualify under the Puerto Rico Internal Revenue Code ... and that participate in group trusts, and certain qualified retirement plans that benefit Puerto Rico residents. This notice also provides additional time for governmental retiree benefit plans described in section 401(a)(24) of the [IRC] ... to be amended to satisfy the applicable requirements of Rev. Rul. 2011-1.  MORE >>

Internal Revenue Bulletin No. 2011-1, Jan. 3, 2011, Includes 2011 Revenue Procedures for Employee Plans (PDF)

260 pages. Excerpt: These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.

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Letter on Making Work Pay Credit; Issues Related to Statutes Other Than Contained in Internal Revenue Code (PDF)

Excerpt: I am responding to your inquiry dated April 7, 2009, on behalf of your constituent, --------------------------. ---------------, a retired public school teacher, has questions about the Making Work Pay Credit and the credit for certain government retirees. The American Recovery and Reinvestment Act of 2009 (the Act) provides that taxpayers with earned income in 2009 and 2010 may be eligible for the Making Work Pay Credit (section 1001 of the Act) in those years. The credit is the lesser of 6.2 percent of earned income or $400 for working individuals ($800 for married couples filing jointly). The credit begins phasing out for taxpayers with modified adjusted gross income over $75,000 per year for working individuals ($150,000 for married couples filing jointly).

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Internal Revenue Bulletin No. 2008-17, April 28, 2008, Containing Notice 2008-45 (PDF)

44 pages. Excerpt: This notice contains updates for interest rates for funding requirements under sections 412(b)(5)(B) and 430(h)(2) of the Code applicable for April 2008, and updates for interest rates for minimum present value determinations under 417(e)(3) of the Code for March 2008.

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