Guest meggie Posted September 14, 2001 Posted September 14, 2001 I need to know if Notice 2001-61 disaster relief for taxpayers just issued applies to contributions for Schedule B purposes that would be due no later than 9/15/2001 (if a 2000 calendar plan year). Thanks
david rigby Posted September 14, 2001 Posted September 14, 2001 I have only skimmed the Notice http://www.irs.gov/news/n-01-61.pdf, but it appears to me that "affected taxpayers" do have relief. "(4) In addition the Internal Revenue Service has granted a 120 day postponement of time to the affected taxpayers to perform the other acts described in section 301.7508A-1©(1) of the regulations. The postponement applies to acts required to be performed within the period beginning on September 11, 2001, and ending on November 30, 2001." IRS Reg. 301.7508A-1©(1)(iii) reads, "(iii) Making contributions to a qualified retirement plan..." Note that only "affected taxpayers" get any relief. Whether I have interpreted this right or wrong, I hope someone will confirm and/or respond. 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.
mming Posted September 17, 2001 Posted September 17, 2001 Pax, you're correct re "affected taxpayers". However, for people who are affected taxpayers only due to mail service disruption, the only relief available is item (5) under the Grant of Relief section. This would allow "payments required" between 9/11 and 10/31 to be made until November 15th. I'm hoping "payments required" also refers to minimum funding (after all, those contributions are required) since this potential relief would apply to taxpayers all over the country.
Kristina Posted September 17, 2001 Posted September 17, 2001 Per Brian Graff of ASPA, Notice 2001-61 does NOT apply to minimum funding requirements. The DOL has jurisdiction over the 5500 and the timely deposits of 401k deferrals. This is the area that the DOL is expected to post on their website. ASPA is working to see if there is anything that can be done regarding the minimum funding requirements. It would not surprise me for the DOL to apply special facts and circumstances rules for the 5500 and timely deposits which would basically say that you must prove that you or your client was directly impacted by the tragedy before waiving fees. Kristina
MGB Posted September 17, 2001 Posted September 17, 2001 The IRS just told ERIC (ERISA Industry Committee) that Notice 2001-61 does not cover minimum contributions. I completely disagree with their statement.
Kristina Posted September 17, 2001 Posted September 17, 2001 What's to disagree? They wrote 2001-61 and they have jurisdiction over minimum funding. Let's just hope they see reason. Kristina
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