2008 Interim Amendments

[Guest Grumpy456]

It's my understanding that the IRS will publish (separately from its annual Cumulative List) a list of so-called "interim amendments" which document sponsors and, potentially, adopting employers, must adopt by the applicable RAP--generally, the date the adopting employer's tax return is due for that year (including extensions).

On 12/19/2005, the IRS released Notice 2005-95 in IRB 2005-51 which contained its list of interim amendments for the 2006 plan year. In a "Special Edition" of its "Employee Plans News" newsletter (released in August 2007), the IRS released its list of interim amendments for the 2007 plan year. Ok, fine.

What about its list of interim amendments for the 2008 plan year? I can't locate it anywhere and can't seem to find any statement that it isn't being published for such and such a reason. What am I missing?

[Guest Sieve]

As best I know, it's not yet been issued. But . . never fear, I'm sure it'll be out before year-end.

[Bird]

I thought they said there weren't any. I did a quick review and couldn't find anything to confirm that; will keep looking.

[rcline46]

The Final 415 Regulations amendment is due by 12/31/2009 and is required (for all plan years beginning after 6/30/2007). I would think that at least this is needed.

Also, would not optional provisions under HEART be due by 12/31/2008?

[Guest Grumpy456]

This is very confusing to me. I've been told that the IRS has said it would not issue a list of 2008 interim amendments due to the fact that Section 5.07(2) of Rev. Proc. 2007-44 provides that:

“nder section 1107 of PPA ’06, a plan sponsor is permitted to delay adopting a plan amendment pursuant to statutory provisions under PPA ’06 (or pursuant to any regulation issued under PPA ’06) until the last day of the first plan year beginning on or after January 1, 2009 (January 1, 2011 in the case of governmental plans). This amendment deadline applies to both interim and discretionary amendments that are made pursuant to PPA ’06 statutory provisions or any regulation issued under PPA ‘06.”

Is that true?

The final 415 regs are listed in the 2007 CL. Amendments must be made by the end of the plan year beginning on or after January 1, 2010 for the HEART Act.

[Bird]

I thought they said there weren't any. I did a quick review and couldn't find anything to confirm that; will keep looking.

I take it back (the "keep looking" part). I'm sticking my head in the sand (or snow).

[D Syrett]

The Final 415 Regulations amendment is due by 12/31/2009 and is required (for all plan years beginning after 6/30/2007). I would think that at least this is needed.

I thought the 415 amendment was due by the due date of the tax return (including extensions) for years begining 7/1/07?