402(g) Deadline

[buckaroo]

I have a plan sponsor asking what the deadline is for this year to process a 402(g) violation. I known that the deadline under 402(g)(2)(A)(ii) is 4/15. However, the tax filing deadline this year is 4/18. Is the deadline for the 402(g) corrective distributions 4/15 or is it extended to 4/18? Can you please provide support for your position?

[Tom Poje]

I had posted this elsewhere, perhaps the rev ruling (since this says it is only an excerpt) even says, but I would think the return under 402(g) is a tax deadline so it would be extended as well

Here is an excerpt from IRS Revenue Ruling 2015-13:

“The term ‘legal holiday’ includes a legal holiday observed in the District of Columbia…. Emancipation Day, April 16, is a legal holiday in the District of Columbia [D.C. Code § 28-2701 (2010)]. When April 16 is a Saturday, the preceding day is the observed holiday.”

That means Emancipation Day will be observed on Friday, April 15, 2016.

Since Emancipation Day is a legal holiday, it gets precedence over the April 15 tax deadline. Here is another excerpt from IRS Revenue Ruling 2015-13:

“Section 7503 of the Code provides that, when April 15 falls on a Saturday, Sunday, or legal holiday, a return is considered timely filed if it is filed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.”

That means the Federal tax deadline is pushed to the following Monday. Therefore, most individuals will have until Monday, April 18, 2016 to file their income tax return. Note that this also affects the deadline for the first installment payment of estimated income tax (see below).

[Belgarath]

Maybe this will help - IRC 7503.

When the last day prescribed under authority of the internal revenue laws for performing any act falls on Saturday, Sunday, or a legal holiday, the performance of such act shall be considered timely if it is performed on the next succeeding day which is not a Saturday, Sunday, or a legal holiday. For purposes of this section, the last day for the performance of any act shall be determined by including any authorized extension of time; the term “legal holiday” means a legal holiday in the District of Columbia; and in the case of any return, statement, or other document required to be filed, or any other act required under authority of the internal revenue laws to be performed, at any office of the Secretary or at any other office of the United States or any agency thereof, located outside the District of Columbia but within an internal revenue district, the term “legal holiday” also means a Statewide legal holiday in the State where such office is located.