Is rev proc 2013-12 the latest EPCRS?

[Jim Chad]

Is rev proc 2013-12 the latest EPCRS?

Also, I think i remember that it isn't the end of the world to give out a sH notice 10 days before the end of the year. Does anyone know where i read that?

[david rigby]

https://www.irs.gov/irb/2016-42_IRB/ar12.html

[John Feldt ERPA CPC QPA]

The new Rev Proc (2016-51) is technically not in effect until 1-1-2017. Section 16 EFFECTIVE DATE states "This revenue procedure is effective January 1, 2017."

The old Rev Proc was 2013-12 plus 2015-27 plus 2015-28.

The annual safe harbor notice deadline is found in Treasury Regulation 1.401(k)-3(d)(3)(i)

The timing requirement of this paragraph (d)(3) is satisfied if the notice is provided within a reasonable period before the beginning of the plan year (or, in the year an employee becomes eligible, within a reasonable period before the employee becomes eligible). The determination of whether a notice satisfies the timing requirement of this paragraph (d)(3) is based on all of the relevant facts and circumstances.

That's the rule. If you want certainty regarding the term "reasonable", the IRS states they won't question your timing at all if you meet the timing described in Treasury Regulation 1.401(k)-3(d)(3)(ii), which states

The timing requirement of this paragraph (d)(3) is deemed to be satisfied if at least 30 days (and no more than 90 days) before the beginning of each plan year, the notice is given to each eligible employee for the plan year.

[Belgarath]

I haven't actually seen a situation where the IRS nailed someone for a "late" safe harbor notice, but then, we always get ours out on time - although I can't guarantee that the clients actually do the same! Has anyone seen, or do you know of, a "real life" situation where they stuck it to someone on this? I'd like to think they would be generally reasonable - particularly if the safe harbor is the 3% nonelective.

Just curious...