Tax News

CCH (cch.taxgroup.com) reports:

  The IRS has published the 2009 Cumulative List of Changes in Plan Qualification Requirements (2009 Cumulative List). The 2009 Cumulative List informs plan sponsors and practitioners of issues the IRS has specifically identified for review when determining whether individually designed single-employer plans filing in Cycle E have been properly updated. The 2009 Cumulative List reflects changes made by a number of recent laws, including the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), (P.L. 107-16) (with technical corrections made by the Job Creation and Worker Assistance Act of 2002 (JCWAA) (P.L. 104-147), the Pension Funding Equity Act of 2004 (PFEA), (P.L. 108-218), the American Jobs Creation Act of 2004 (AJCA), (P.L. 108-357), the Katrina Emergency Tax Relief Act of 2005 (KETRA), (P.L. 109-73), the Gulf Opportunity Zone Act of 2005 (GOZA), (P.L. 109-135), the Pension Protection Act of 2006 (PPA '06), (P.L. 109-280), the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act, 2007, (P.L. 110-28), the Heroes Earnings Assistance and Relief Act of 2008 (HEART Act), (P.L. 110-245), the Emergency Economic Stabilization Act of 2008 (EESA), (P.L. 110-343), and the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA), (P.L. 110-458).

  In order to be qualified, a plan must comply with all relevant qualification requirements, not just those on the 2009 Cumulative List. The IRS will not review plan language for guidance issued after October 1, 2009, statutes enacted after October 1, 2009, qualification requirements first effective in 2011 or later, or statutory provisions first effective in 2010, for which no guidance is identified in the 2009 Cumulative List. Thus, sponsors of pre-approved plans may not rely on opinion or advisory letters with respect to any guidance issued after October 1, 2009, unless that guidance is on the 2009 Cumulative List. The 2009 Cumulative List does not extend the deadline by which a plan must be amended to comply with any statutory, regulatory or guidance changes.

Notice 2009-98,
2009FED ¶46,560

Other References:

 
Code Sec. 401

  CCH Reference - 2009FED ¶17,507.041

  CCH Reference - 2009FED ¶17,507.15

  CCH Reference - 2009FED ¶17,507.2531

  CCH Reference - 2009FED ¶17,929.024

  Tax Research Consultant

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