Roth 401(k)

[Guest lskin]

I know the proposed regs did not cover everything we need to know but can they be relied upon since these plans can be effective Jan 1, 2006?

[Tom Poje]

it is my understanding that you can generally rely on proposed regs until they are finalized.

[g8r]

Actually, it depends on what the proposed regulation provides. Generally, the preamble will indicate if the regs can be relied upon. The Roth regulations do not contain the reliance statement. Therefore, the regs cannot be relied upon and the standard is whatever reasonable interpretation you want. However, I don't think there was anything unusual in those regs that would be challenged should you follow them.

[Alf]

Remember that certain Federal Circuits will not give any weight to proposed regualtions as against the taxpayer. The Roth 401(k) regulations certainly tell you what the IRS intends to do however, so althought they can't be "relied" on, you should be able to rely on them - right?

[Guest benefitsanalyst]

When is final (or more) IRS guidance expected to be issued?