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Due date for Comments to IRS on Notice of Intent To Terminate


Guest BrooklynKid

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Guest BrooklynKid

On the Notice to Interested Parties, if the last date for comments to the IRS falls on a weekend or holiday, what date is the actual due date for the comments? Please also provide a source for that information.

If the correct answer is that the due date is the next business day, does it suffice to display the weekend or holiday date as the due date on the Notice, and then put a sentence at the end of that paragraph to the effect “If any of the due dates for receiving comments falls on a Saturday, Sunday or legal holiday, comments shall be considered timely if they are received on the next business day”?

Thanks.

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I've never thought about it. We programed in the dates to our notice and I don't ever recall checking to see if it fell on a weekend or holiday.

I think your sentence about next business day would be more than adequate.

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A few prior similar discussion threads. Try the Search feature.

My recollection is that the IRS permits the "next business day" rule for a filing (eg, form 1040 or form 5500), but it does not apply to other due dates.

I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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My assumption/understanding has always been that the Notice is compliant if it simply uses the relevant dates after applying the regular numbers, and you don't have to consult a calendar to push those dates out by 1, 2 or 3 days to account for weekends and holidays. On the other hand I have also assumed that the IRS and DOL would allow the extra day or days to someone who actually wishes to comment.

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It has happened many times (none involving me). But fwiw your Notice better be timely AND accurate because I believe that is a jurisdictional requirement for challenging an IRS adverse determination in Tax Court.

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I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.

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