us-irs-revenue-procedures-irb-2000-31-pdf•Internal Revenue Bulletin 2000-31 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2000-31 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2000-31-pdfInternal Revenue Bulletin 2000-31 (PDF rendition): IRS Revenue ProceduresGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
INCOME TAX T.D. 8893, page 143. Final regulations under section 6695 of the Code provide in- come tax return preparers with two alternative means of meeting the requirement that a preparer retain the copy of the return or claim manually signed by the preparer. EMPLOYEE PLANS Rev. Rul. 2000–33, page 142. Cash or deferred arrangements; nonqualified de- ferred compensation.This ruling specifies the criteria to be met in order to automatically defer a certain percentage of an employee’s compensation into that employee’s ac- count in an eligible deferred compensation plan sponsored by the eligible employer. Rev. Rul. 2000–35, page 138. Section 403(b) plans; elective deferrals.This ruling specifies the criteria to be met in order to automatically re- duce an employee’s compensation by a certain amount and have that amount contributed as an elective deferral to an employer’s section 403(b) plan. Rev. Rul. 2000–36, page 140. Qualified plan; default rollover; involuntary cash-out. This ruling provides that if plan participants are given ade- quate notice including their right to elect a cash distribution, a qualified plan can be amended to permit a default direct rollover under section 401(a)(31) of an involuntary cash-out without violating section 411(d)(6) of the Code. Announcement 2000–60, page 149. Prototype plans, automatic enrollment features.This announcement informs employers and prototype plan sponsors of the availability of automatic enrollment fea- tures in prototype section 401(k) plans. Announcement 2000–65, page 150. A public hearing on proposed regulations (REG–117162–99, 2000–15 I.R.B. 871) relating to the tax treatment of cafete- ria plans is scheduled for August 17, 2000. ADMINISTRATIVE Rev. Proc. 2000–31, page 146. Form 1040 IRS e-fileprogram. Participants in the Form 1040 IRS e-file program (which now includes the former on- line filing program) are informed of their obligations to the Service, taxpayers, and other participants. Rev. Proc. 98–50 and Rev. Proc. 98–51 modified and superseded. Announcement 2000–63, page 149. This document withdraws proposed regulations (FI–42–90, 1992–1 C.B. 1072) relating to thrift institu- tions that become ineligible to use the reserve method of accounting for bad debts allowed by section 593 of the Code. Announcement 2000–64, page 149. Supplemental information on short-term Treasury bills for the 1999 edition of Publication 1212, List of Original Issue Discount Instruments, is now available. Internal Revenue bbuulllleettiinn Bulletin No. 2000–31 July 31, 2000 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. Department of the Treasury Internal Revenue Service Finding Lists begin on page ii. July 31, 20002000–31 I.R.B. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are consolidated semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of in- ternal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The first Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the first Bulletin of the succeeding semi- annual period, respectively. The IRS Mission Provide America’s taxpayers top quality service by help- ing them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. July 31, 20001382000–31 I.R.B. Section 401.—Qualified Pension, Profit-Sharing And Stock Bonus Plans 26 CFR 1.401(a)(31)–1: Requirement to offer direct rollover of eligible rollover distributions; questions and answers. Whether a qualified defined contribution plan can be amended to permit a default direct rollover of an involuntary cash-out to an individual retirement arrangement. See Rev. Rul. 2000–36, page 140. Section 403.—Taxation of Employee Annuities 26 CFR 1.403(b)–1: Taxability of beneficiary under annuity contract purchased by a section 501(c)(3) organization or public school. Section 403(b) plans; elective defer- rals.This revenue ruling specifies the cri- teria to be met in order to automatically reduce an employee’s compensation by a certain amount and have that amount con- tributed as an elective deferral to an em- ployer’s section 403(b) plan. Rev. Rul. 2000–35 ISSUE Will employer contributions to an an- nuity contract described in § 403(b) of the Internal Revenue Code (the “Code”) fail to be considered to be made under a salary reduction agreement merely be- cause they are made pursuant to an arrangement under which a fixed percent- age of an employee’s compensation is contributed to the annuity contract unless the employee affirmatively elects to re- ceive the amount in cash? FACTS Employer X, an organization described in § 501(c)(3) which is exempt from tax under § 501(a), maintains Plan A, a plan described in § 403(b) of the Code and § 3(2) of the Employee Retirement In- come Security Act of 1974 (“ERISA”). Under Plan A, any employee of Employer X, including a newly hired employee, may elect to have Employer X make con- tributions on the employee’s behalf to- wards the purchase of an annuity contract in lieu of receiving that amount as cash compensation that would otherwise be payable to the employee. The employee may designate the amount of these com- pensation reduction contributions as a percentage of the employee’s compensa- tion, subject to certain limitations set forth in the plan. These compensation re- duction contributions satisfy the § 403(b) requirements applicable to contributions made pursuant to a salary reduction agreement, and are treated for all pur- poses as made pursuant to a salary reduc- tion agreement under the plan. Plan A also provides that Employer X will make matching contributions on ac- count of an employee’s compensation re- duction contributions up to a specified percentage of the employee’s compensa- tion. Plan A does not permit any other contributions. Plan A is amended, effective the next January 1, to add an automatic compensa- tion reduction election feature. Under this feature, each employee’s compensation will automatically be reduced by 4 percent and this amount will be contributed to- wards the purchase of an annuity contract under Plan A unless the employee affirma- tively elects to receive cash or have a dif- ferent percentage contributed. Both before and after the amendment, the employee is not able to receive, prior to a distributable event described in § 403(b)(11), amounts contributed towards the purchase of an an- nuity contract. Both before and after the amendment, Plan A and the annuity con- tracts purchased thereunder satisfy the re- quirements of § 403(b). An election not to make compensation reduction contribu- tions or to contribute a different percentage of compensation can be made at any time. Under Plan A as amended, in the case of a newly hired employee, an election not to make compensation reduction con- tributions or to contribute a different per- centage is effective for the first pay period and for subsequent pay periods (until su- perseded by a subsequent election) if filed when the employee is hired or if filed within a reasonable period thereafter end- ing before the compensation for the first pay period is currently available. Thus, if a newly hired employee files an election to receive cash in lieu of compensation re- duction contributions and the election is filed when the employee is hired or within a reasonable period thereafter ending be- fore the compensation is currently avail- able, then no compensation reduction contributions for the first pay period or subsequent pay period are made on the employee’s behalf to Plan A until the em- ployee makes a subsequent affirmative election to reduce his or her compensa- tion. Elections filed at a later date are ef- fective for payroll periods beginning in the month next following the date the election is filed. At the time an employee is hired, the employee will receive a notice that ex- plains the automatic compensation reduc- tion election and the employee’s right to elect to have no such compensation re- duction contributions made to the plan or to alter the amount of those contributions, including the procedure for exercising that right and the timing for implementa- tion of any such election. In the case of an employee hired before the January 1 effective date who has not elected compensation reduction contribu- tions of at least 4 percent, Plan A as amended provides that the automatic elec- tion will become effective on the first pay period beginning on or after January 1 un- less the employee elects during a specified reasonable period ending on January 1 to receive cash or have a different amount contributed to Plan A. Thus, if a current employee files an election to receive cash in lieu of compensation reduction contri- butions and the election is filed during the reasonable period ending on the January 1 effective date, then no compensation re- duction contributions for the first pay pe- riod beginning on or after the January 1 ef- fective date or for subsequent pay periods are made on the employee’s behalf to Plan A until the employee makes a subsequent affirmative election to reduce his or her compensation. In the case of a current employee who has a compensation reduc- tion contribution election in effect for less than 4 percent, who does not make a new compensation reduction contribution elec- tion during the reasonable period ending on the January 1 effective date, and whose compensation is therefore automatically reduced by 4 percent, if that employee thereafter makes an affirmative election to reduce his or her compensation by another Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 2000–31 I.R.B.139July 31, 2000 amount (or no amount), then that affirma- tive election will continue in effect until the employee makes a subsequent affirma- tive election for a different amount. At the beginning of the reasonable pe- riod ending on the January 1 effective date, each current employee receives a notice that explains the new automatic compensa- tion reduction election and the employee’s right to elect to have no such compensation reduction contributions made to the plan or to alter the amount of those contributions, including the procedure for exercising that right and the timing for implementation of any such election. Each employee is notified annually of his or her compensation reduction per- centage, and of his or her right to change the percentage, including the procedure for exercising that right and the timing for implementation of any such election. Plan A provides that both matching contributions and compensation reduction contributions will be invested in accor- dance with the participant’s election among a broad range of annuity contracts. If no investment election is made by a participant, contributions are invested in an annuity contract providing an invest- ment return based on the return on a bal- anced fund that includes both diversified equity and fixed-income investments 1 . LAW AND ANALYSIS Section 403(b)(1) of the Code provides that amounts contributed by certain em- ployers, including an employer described in § 501(c)(3) which is exempt from tax under § 501(a), for the purchase of an an- nuity contract for an employee of such an employer are excluded from the gross in- come of the employee if certain require- ments are satisfied. Contributions to purchase annuity con- tracts under § 403(b) may be made either pursuant to a salary reduction agreement or not pursuant to a salary reduction agreement. Contributions made pursuant to a salary reduction agreement are sub- ject to different requirements than are contributions not made pursuant to a salary reduction agreement. (See, for ex- ample, §§ 403(b)(1)(E), 403(b)(7)(A)(ii), 403(b)–(11) and 403(b)(12).) In general, a contribution is not treated as made pur- suant to a salary reduction agreement if under the agreement it is made pursuant to a one-time irrevocable election made by the employee at the time of initial eli- gibility to participate in the agreement. See §§ 402(g)(3)(C) and 403(b)(12). Section 1.403(b)–1(b)(3)(i) of the reg- ulations prescribes rules applicable to contributions made pursuant to a salary reduction agreement, including rules re- lating to the frequency and revocability of such agreements and to the salary to which such agreements apply. Section 1450(a) of the Small Business Job Protection Act of 1996 (“SBJPA”) provides that, for purposes of § 403(b) of the Code, the frequency that an em- ployee is permitted to make a salary re- duction agreement, the salary to which such an agreement may apply and the ability to revoke such an agreement shall be determined under the rules applicable to cash or deferred elections under § 401(k). Section 1450(a) of SBJPA is effective for taxable years beginning after December 31, 1995. Thus, § 1.403(b)–1(b)(3)(i) of the regulations does not reflect current law, and the rules relating to these aspects of salary reduc- tion agreements are the same as those for cash or deferred elections under § 401(k). Section 401(k) provides that a profit- sharing or stock bonus plan, a pre- ERISA money purchase plan, or a rural cooperative plan can meet the require- ments of § 401(a) even if it includes a qualified cash or deferred arrangement. Section 401(k) also sets forth the re- quirements that a cash or deferred arrangement must satisfy in order to be a qualified cash or deferred arrangement. Section 1.401(k)–1(a)(2)(i) defines a cash or deferred arrangement as an arrangement under which an eligible em- ployee may make a cash or deferred election with respect to contributions to, or accruals or other benefits under, a plan that isintended to satisfy the require- ments of § 401(a). Section 1.401(k)–1(a)(3)(i) defines a cash or deferred election as any election (or modification of an earlier election) by an employee to have the employer either provide an amount to the employee in the form of cash (or some other taxable bene- fit) that is not currently available or con- tribute an amount to a trust (or provide an accrual or other benefit) under a plan de- ferring the receipt of compensation. Sec- tion 1.401(k)–1(a)(3)(iv) provides that a cash or deferred election does not include a one-time irrevocable election, made at the time an employee commences em- ployment with the employer or upon the employee’s first becoming eligible under any plan of the employer, to have contri- butions made by the employer on the em- ployee’s behalf to the plan (or to any other plan of the employer) equal to a specified amount or percentage of the employee’s compensation. Section 1.401(k)–1(g)(3) defines elective contributions as employer contributions made to a plan that were subject to a cash or deferred election under a cash or deferred arrangement. Revenue Ruling 2000–8, 2000–7 I.R.B. 617 (February 14, 2000), holds that where a newly hired or a current employee has an effective opportunity to elect to receive an amount in cash or have that amount contributed by the employer to a profit- sharing plan, those employer contribu- tions made on the employees’ behalf to the plan in lieu of receipt of cash compen- sation will not fail to be considered elec- tive contributions within the meaning of § 1.401(k)–1(g)(3) made under a quali- fied cash or deferred arrangement within the meaning of § 401(k) merely because they are made pursuant to an arrangement under which, in any case in which an em- ployee does not affirmatively elect to re- ceive cash, the employee’s compensation is reduced by a fixed percentage and that amount is contributed on the employee’s behalf to the plan. The definition of a cash or deferred elec- tion in § 1.401(k)–1(a)(3)(i) requires that the employee have an election between the employer paying cash (or some other tax- able benefit) to the employee or making a contribution to a trust on behalf of the em- ployee. The regulation does not require that the employee receive an amount in 1 The Department of Labor has advised Treasury and the Service that, under Title I of the Employee Retirement Income Security Act of 1974 (ERISA), fiduciaries of a plan must ensure that the plan is administered prudently and solely in the interest of plan participants and beneficiaries. While ERISA § 404(c) may serve to relieve certain fiduciaries from liability when participants or beneficiaries exercise control over the assets in their individual accounts, the Department of Labor has taken the position that a participant or beneficiary will not be considered to have exercised control when the par- ticipant or beneficiary is merely apprised of invest- ments that will be made on his or her behalf in the absence of instructions to the contrary. See 29 CFR § 2550.404c–1 and 57 F.R. 46924. cash in any case in which the employee does not make an affirmative election to have that amount contributed to the trust. Similarly, under § 403(b), there is no re- quirement that an employee receive an amount in cash in any case in which the employee does not make an affirmative election to have that amount contributed to an annuity contract. Thus, a contribution to purchase an annuity contract under § 403(b) will not fail to be made under a salary reduction agreement merely be- cause, when an employee fails to make an affirmative election with respect to an amount of compensation, that amount is contributed on the employee’s behalf to an annuity contract, provided that the em- ployee had an effective opportunity to elect to receive that amount in cash. The em- ployee has an effective opportunity to elect to receive an amount in cash as required under § 1.401(k)–1(a)(3)(i) if the em- ployee receives notice of the availability of the election and the employee has a rea- sonable period before the cash is currently available to make the election. In this case, compensation reduction contributions made by Employer X to Plan A, including those made on behalf of a newly hired employee who has not filed an election to the contrary and those made on behalf of a current employee who has elected less than 4-percent compensation reduction contributions, are amounts con- tributed pursuant to a procedure under which the employee receives a notice ex- plaining his or her rights to have no com- pensation reduction contributions made and, after receiving the notice, the em- ployee has a reasonable period before the cash is currently available to elect to re- ceive the cash in lieu of having it con- tributed towards the purchase of an annu- ity contract. Thus, an employee has an effective opportunity to elect to receive cash or have a contribution made towards the purchase of an annuity contract. In addition, the employee is not able to re- ceive, prior to a distributable event de- scribed in § 403(b)(11), amounts con- tributed towards the purchase of an annuity contract. Finally, compensation reduction contributions made under the plan are not contributions made pursuant to a one-time irrevocable election because the employee can change the election in the future. Consequently, the compensa- tion reduction contributions under Plan A as amended are contributions made pur- suant to a salary reduction agreement de- scribed in § 403(b). HOLDING Where, as in this case, a newly hired or current employee has an effective oppor- tunity to elect to receive an amount in cash or have that amount contributed by the employer to an annuity contract de- scribed in § 403(b), those contributions made on the employee’s behalf to the an- nuity contract in lieu of receipt of cash compensation will not fail to be consid- ered to be made under a salary reduction agreement merely because they are made pursuant to an arrangement under which, in any case in which an employee does not affirmatively elect to receive cash, the employee’s compensation is reduced by a fixed percentage and that amount is con- tributed on the employee’s behalf to the annuity contract. This holding would be the same if (1) Plan A were described in § 403(b)(1)(A)(ii) (relating to arrange- ments maintained by State and local school systems), or (2) the funding vehi- cles under Plan A were custodial accounts described in § 403(b)(7) or retirement in- come accounts described in § 403(b)(9), provided the requirements of such respec- tive Code sections are otherwise satisfied. PAPERWORK REDUCTION ACT The collection of information con- tained in this revenue ruling has been re- viewed and approved by the Office of Management and Budget (OMB) in ac- cordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control num- ber 1545-1694. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the col- lection of information displays a valid OMB control number. The collections of information in this revenue ruling are in the third, fifth, sev- enth and eighth paragraphs in the section headed “FACTS” and in the tenth para- graph in the section headed “LAW AND ANALYSIS.” The collections of infor- mation are required to enable personnel in the Tax Exempt and Government Entities Division of the Internal Revenue Service to determine if an employer’s retirement plan satisfies the requirements to obtain favorable tax treatment and to enable cer- tain employee elections to meet the re- quirements of § 403(b). The collections of information are required to obtain a benefit. The likely respondents are State and local government entities and not-for- profit institutions. The estimated total annual reporting burden is 175 hours. The estimated an- nual burden per respondent is 1 hour and 45 minutes. The estimated number of re- spondents is 100. The estimated annual frequency of responses is on occasion. Books or records relating to a collec- tion of information must be retained as long as their contents may become mater- ial in the administration of any Internal Revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. DRAFTING INFORMATION The principal author of this revenue ruling is Roger Kuehnle of the Tax Ex- empt and Government Entities Division. For further information regarding this revenue ruling, call the Employee Plans’ taxpayer assistance telephone service at (202) 622-6074/6075 (not toll-free num- bers) between 1:30 and 3:30 p.m. Eastern Time, Monday through Thursday. Section 411.—Minimum Vesting Standards 26 CFR 1.411(d)–4: Section 411(d)(6) protected benefits. (Also, § 401; § 1.401(a)(31)–1.) Qualified plan; default rollover; in- voluntary cash-out.This ruling provides that if plan participants are given ade- quate notice including their right to elect a cash distribution, a qualified plan can be amended to permit a default direct rollover under section 401(a)(31) of an in- voluntary cash-out without there being a violation of section 411(d)(6) of the Code. Rev. Rul. 2000–36 ISSUE Will an amendment to change the default method of payment to a direct rollover for involuntary distributions when a distributee fails affirmatively to elect to make a direct July 31, 20001402000–31 I.R.B. rollover or to elect a cash payment under the facts described below cause the plan to fail to satisfy § 401(a)(31) or § 411(d)(6) of the Internal Revenue Code? FACTS Employer X maintains Plan A, a quali- fied defined contribution plan that does not include any after-tax contributions or other amounts that would not be included in gross income upon distribution. Plan A provides for an involuntary distribution to an employee upon separation from ser- vice if his or her vested account balance is $5,000 or less. Plan A includes a direct rollover option for all distributions. Plan A provides that if a separating employee’s vested account balance is $5,000 or less, and the separating employee does not elect a direct rollover either to another qualified plan or to an individual retire- ment arrangement (“IRA”), the vested ac- count balance is to be paid in a single sum cash payment to the employee. Employer X amends Plan A to provide that the default form of payment of any involuntary cash-out from Plan A greater than $1,000 but less than or equal to $5,000 will be a direct rollover (an eligi- ble rollover distribution that is paid di- rectly to an eligible retirement plan for the benefit of the distributee) to an IRA, but that separating employees will instead re- ceive a cash payment if they so elect. Under the amendment, this default direct rollover applies only if the separating em- ployee fails to request affirmatively (1) a cash payment to that employee or (2) a di- rect rollover to another qualified plan or an IRA designated by the separating em- ployee. The amendment also provides that in the case of a default direct rollover, the plan administrator will se- lect 1 an IRA trustee, custodian, or issuer (the “trustee”) that is unrelated to Em- ployer X, establish the IRA with that trustee on behalf of any separating em- ployee who fails affirmatively to elect a direct rollover or a cash payment, and make the initial investment choices for the account. The administrative procedures of Plan A are changed with respect to any § 402(f) notice provided on or after the effective date of the amendment to a separating em- ployee with a vested account balance greater than $1,000 but not greater than $5,000. After the change, the plan admin- istrator will include with the § 402(f) no- tice an explanation, as required by § 1.401(a)(31)–1 of the Income Tax Regu- lations, of the default direct rollover (and other appropriate information such as the name, address, and telephone number of the IRA trustee and information regarding IRA maintenance and withdrawal fees and how the IRA funds will be invested). The default direct rollover will occur not less than 30 days and not more than 90 days after the § 402(f) notice with the explana- tion of the default direct rollover is pro- vided to the separating employee. LAW AND ANALYSIS Section 401(a)(31) provides, in part, that a trust shall not constitute a qualified trust unless the plan of which the trust is a part provides that if the distributee of any eligible rollover distribution (i) elects to have the distribution paid to an eligible retirement plan, and (ii) specifies the eligible retirement plan to which the distribution is to be paid, the distribution will be paid in a direct rollover to the eli- gible retirement plan specified. Section 402(f) requires a plan admin- istrator, within a reasonable period of time before making an eligible rollover distribution from an eligible retirement plan, to provide to the recipient a written explanation of the rollover provisions of § 401(a)(31) and § 402(c) (direct rollover and 60-day rollover), the 20- percent mandatory withholding require- ment under § 3405, and other tax provi- sions in § 402 that apply to the eligible rollover distribution. Section 411(d)(6)(A) provides, in part, that a plan participant’s accrued benefit may not be decreased by a plan amend- ment other than by an amendment de- scribed in § 412(c)(8) of the Code or § 4281 of the Employee Retirement In- come Security Act of 1974. Section 411(d)(6)(B) provides that an amendment eliminating or reducing an optional form of benefit is treated as an amendment re- ducing an employee’s accrued benefit un- less otherwise provided in Income Tax Regulations. Section 1.401(a)(31)–1, Q&A-7 pro- vides, in part, that a plan administrator may establish a default procedure so that if a distributee fails to make an affirma- tive election, he or she is treated as having made a direct rollover election. However, that regulation requires the plan adminis- trator to first furnish the distributee with an explanation of the default procedure and an explanation of the direct rollover option within the time period provided in § 1.402(f)–1, Q&A-2 for the written ex- planation described in § 402(f). Section 1.402(f)–1, Q&A-1 prescribes the general rule with respect to the con- tents of the written explanation (§ 402(f) notice) that must be provided to a distrib- utee by a plan administrator before an eligible rollover distribution is made. Section 1.402(f)–1, Q&A-2 provides gen- erally that the plan administrator must provide a distributee of an eligible rollover distribution with a § 402(f) notice no less than 30 days and no more than 90 days before the date of the distribution. Although a participant may, under the cir- cumstances described in § 1.402(f)–1, Q&A-2, affirmatively elect to receive a distribution before the expiration of the 30 days after the receipt of a § 402(f) notice, that rule would not apply to a default direct rollover. Section 1.411(d)–4, Q&A-1(a) defines a “section 411(d)(6) protected benefit” as a benefit described in § 411(d)(6)(A), early retirement benefits and retirement-type sub- sidies described in § 411(d)(6)(B)(i), and optional forms of benefit described in § 411(d)(6)(B)(ii) and provides that those benefits, to the extent that they are accrued, are subject to the protections of § 411(d)(6). The default status of an optional form of benefit is not a section 411(d)(6) pro- tected benefit. Thus, an amendment to change Plan A’s default method of pay- 2000–31 I.R.B.141July 31, 2000 1 The Department of Labor (the “DOL”) has advised Treasury and the Service that, under Title I of the Employee Retirement Income Security Act (“ERISA”), in the context of a default direct rollover described in this ruling, where the distribution con- stitutes the entire benefit rights of the participant, the participant will cease to be a participant covered under the plan within the meaning of 29 CFR § 2510.3–3(d)(2)(ii)(B), and the distributed assets will cease to be plan assets within the meaning of 29 CFR § 2510.3–101. The DOL also noted that the selection of an IRA trustee, custodian or issuer and IRA investment for purposes of a default direct rollover would constitute a fiduciary act subject to the general fiduciary standards and prohibited trans- action provisions of ERISA. In addition, plan provi- sions governing the default direct rollover of distrib- utions, including the participant’s ability to affirmatively opt out of the arrangement, must be described in the plan’s summary plan description furnished to participants and beneficiaries. ment for an involuntary distribution from a direct cash payment to a direct rollover does not violate § 411(d)(6). As required in § 1.401(a)(31)–1, Q&A-7, Plan A’s procedures provide that each distributee subject to the default will receive an ex- planation of the default procedure and the direct rollover option within a time period before the default direct rollover that sat- isfies the timing requirements of § 1.402(f)–1, Q&A-2. Thus, the provi- sion of a direct rollover as the default method of payment under the facts de- scribed above does not cause Plan A to fail to satisfy § 401(a)(31). HOLDING An amendment to change the default method of payment to a direct rollover as the default when a distributee fails af- firmatively to elect to make a direct rollover or to elect a cash payment under the facts described above does not cause Plan A to fail to satisfy § 401(a)(31) or § 411(d)(6). DRAFTING INFORMATION The principal author of this revenue ruling is Michael Rubin of the Tax Ex- empt and Government Entities Division. For further information regarding this revenue ruling, call the Employee Plans’ taxpayer assistance telephone service at (202) 622-6074/6075 (not toll-free num- bers) between 1:30 and 3:30 p.m. Eastern Time, Monday through Thursday. Mr. Rubin’s telephone number is (202) 622- 6214 (also not a toll-free call). Section 457.—Deferred Compensation Plans of State and Local Governments and Tax-Exempt Organizations 26 CFR 1.457–1: Compensation deferred under eligible deferred compensation plans. Cash or deferred arrangements; nonqualified deferred compensation. This ruling specifies the criteria to be met in order to automatically defer a certain percentage of an employee’s compensa- tion into that employee’s account in an el- igible deferred compensation plan spon- sored by the eligible employer. Rev. Rul. 2000–33 ISSUE Will a deferred compensation plan fail to be an “eligible deferred compensation plan” de- scribed in § 457(b) of the Internal Revenue Code merely because deferrals are made under an arrangement whereby a fixed percentage of an employee’s compensation is deferred on the employee’s behalf under the plan unless the employee affirmatively elects to receive the amount in cash? FACTS County M, a political subdivision of State X, maintains Plan A, an eligible de- ferred compensation plan described in § 457(b). Under Plan A, any employee of County M, including a newly hired em- ployee, may choose to enter into an agree- ment pursuant to which the employee’s taxable compensation is reduced and de- ferrals to the employee’s account in Plan A are credited by County M on the em- ployee’s behalf. The employee may des- ignate a percentage of the employee’s compensation as elective deferrals, sub- ject to the limitations of § 457(b). Plan A does not permit any other type of defer- rals, and no other plan of County M per- mits employees to make elective defer- rals. Deferrals under Plan A are immediately nonforfeitable and are sub- ject to the limitations and requirements of § 457(b). County M proposes to implement, ef- fective the next January 1, an automatic election feature in Plan A under which, if a newly hired or current employee has not affirmatively elected to receive cash com- pensation or to have at least 2 percent of compensation deferred under Plan A, his or her compensation will automatically be reduced by 2 percent, and this amount will be credited to the employee’s account in Plan A. An election not to make defer- rals or to defer a different percentage of compensation can be made at any time. Elections filed at a later date are effective for the month next following the date the election is filed. In the case of a new employee, the elec- tion not to make deferrals will be effective for the first month after the individual first became an employee and for subsequent months (until superseded by a subsequent election) if filed within a reasonable period of time ending before the beginning of the month. Thus, if a new employee files an election to receive cash in lieu of making deferrals and the election is filed a reason- able period ending before the beginning of the first month after the individual first be- comes an employee, then no deferrals for that (or any subsequent) month are made on the employee’s behalf to Plan A until the employee makes a subsequent affirmative election to reduce his or her compensation. At the time the employee is hired, the em- ployee will receive a notice that explains the automatic election and the employee’s right to elect to have no such deferrals made under the plan or to alter the amount of those deferrals, including the procedure for exercising that right and the timing for implementation of any such election. The proposed amendment to Plan A also provides that, with respect to current em- ployees, if the employee files an election to receive cash in lieu of making deferrals and the election is filed during the reasonable period ending on the January 1 effective date, then no deferrals for the period begin- ning on or after the January 1 effective date are made on the employee’s behalf under Plan A until the employee makes a subse- quent affirmative election to reduce his or her compensation. At the beginning of the reasonable period ending on the January 1 effective date, each current employee re- ceives a notice that explains the new auto- matic election and the employee’s right to elect to have no such deferrals made under the plan or to alter the amount of those de- ferrals, including the procedure for exercis- ing that right and the timing for implemen- tation of any such election. Thereafter, each employee is notified annually of his or her deferral percentage, and of his or her right to change the per- centage or to elect not to make deferrals, including the procedure for exercising that right and the timing for implementa- tion of any such election. Plan A provides that deferrals will be invested in accordance with the partici- pant’s election among a broad range of in- vestment funds held by the trustee of Plan A or, if no investment election is made by a participant, in the trust’s balanced fund which includes both diversified equity and fixed income investments. LAW AND ANALYSIS Section 457(a) provides that in the case of a participant in an eligible de- ferred compensation plan, any amount July 31, 20001422000–31 I.R.B. of compensation deferred under the plan, and any income attributable to the amounts so deferred, shall be includible in gross income only for the taxable year in which such compensation or other in- come is paid or otherwise made avail- able to the participant or other benefi- ciary. Section 457(b) defines the term “eli- gible deferred compensation plan.” Sec- tion 457(b)(4) and §1.457–2(g) of the Income Tax Regulations provide that an “eligible deferred compensation plan” must provide that compensation will be deferred for any calendar month only if an agreement providing for the deferral has been entered into before the begin- ning of such month. No provision of § 457(b) limits deferrals under an eligible plan to elective or volun- tary deferrals, nor do the provisions of § 457(b) (including the limitations of § 457(b)(2) and (3)) distinguish between elective or voluntary deferrals and other types of deferrals. SeeNotice 87–13, Q &A 26, 1987–1 C.B. 432, 444. In the case of these other types of deferrals, the requirements of § 457(b)(4) are satisfied without the employee entering into an agreement to defer compensation. Rather, the obligation of the employer (or the obligation of the employee as a condition of employment) satisfies § 457(b)(4). Similarly, the automatic election pro- cedure described above will not cause a plan to fail the requirements of § 457(b)(4). In the absence of an affir- mative election to the contrary entered into before the beginning of the month, deferrals with respect to compensation for the month will be made pursuant to the automatic election procedure. Alter- natively, if an employee makes an affir- mative election to change the automatic election and receive a corresponding amount in cash, the employee’s affirma- tive election will govern any deferrals for the month. In either case, the defer- rals for a month with respect to an em- ployee are clearly established before the beginning of the month, and the require- ments of § 457(b)(4) are satisfied. HOLDING Where, as under the proposed amend- ment to Plan A, the obligation to make deferrals with respect to an employee’s compensation for a month is established before the beginning of a month by ei- ther an automatic election or by an agreement to alter the terms of the auto- matic election and receive cash in lieu of making deferrals, an eligible deferred compensation plan will satisfy the re- quirements of § 457(b)(4). PAPERWORK REDUCTION ACT The collection of information con- tained in this revenue ruling has been re- viewed and approved by the Office of Management and Budget (OMB) in ac- cordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1695. An agency may not conduct or spon- sor, and a person is not required to re- spond to, a collection of information un- less the collection of information displays a valid OMB control number. The collection of information in this revenue ruling is in the third, fourth, and fifth paragraphs in the section headed “FACTS”. The collection of informa- tion is necessary to ensure that the in- creased retirement savings due to auto- matic enrollment is truly voluntary. The collection of information is needed to obtain a benefit. The likely respondents are state and local governmental enti- ties, and to a lesser extent, not-for-profit organizations. The estimated total annual reporting burden is 500 hours. The estimated av- erage annual burden per respondent is 1 hour. The estimated number of respon- dents is 500. The estimated annual fre- quency of responses is on occasion. Books or records relating to a collec- tion of information must be retained as long as their contents may become ma- terial in the administration of any Inter- nal Revenue law. Generally, tax returns and tax return information are confiden- tial, as required by 26 U.S.C. 6103. DRAFTING INFORMATION The principal author of this revenue ruling is John Tolleris of the Office of Associate Chief Counsel (Tax Exempt and Government Entities). For further information regarding this revenue rul- ing, contact him at (202) 622-6060 (not a toll free number). Section 6012.—Persons Required to Make Returns of Income 26 CFR 1.6012–5: Composite return in lieu of specified form. What are the obligations of those who participate in the Form 1040 IRS e-fileprogram to the Service, taxpayers, and other participants. See Rev. Proc. 2000–31, page 146. Section 6061.—Signing of Returns and Other Documents 26 CFR 1.6061–1: Signing of returns and other documents by individuals. What are the obligations of those who participate in the Form 1040 IRSe-fileprogram to the Service, taxpayers, and other participants. See Rev. Proc. 2000–31, page 146. Section 6695.—Other Assessable Penalties With Respect to the Preparation of Income Tax Returns for Other Persons 26 CFR 1.6695(b): Failure to sign return. T.D. 8893 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Retention of Income Tax Return Preparers’ Signatures AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations that provide income tax return preparers with two alternative means of meeting the requirement that a preparer retain the copy of the return or claim manually signed by the preparer. The regulations are necessary to inform preparers about the two alternatives and to provide them with the guidance needed to comply with the alternatives. DATES: Effective Date:These regula- tions are effective July 18, 2000. Applicability Date: For dates of applic- ability, see §1.6695–1(g) of these regula- tions. 2000–31 I.R.B.143July 31, 2000 FOR FURTHER INFORMATION CON- TACT: Beverly A. Baughman (202) 622- 4940 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document contains amendments to the Income Tax Regulations (26 CFR part 1) relating to the penalty for failure to sign an income tax return under sec- tion 6695(b) of the Internal Revenue Code. On December 31, 1998, final and tem- porary regulations (T.D. 8803, 1999–12 I.R.B. 15) under section 6695 were pub- lished in the Federal Register(63 F.R. 72182). A notice of proposed rulemak- ing (REG–106386–98, 1999–12 I.R.B. 31) cross-referencing the temporary reg- ulations was published in the Federal Register(63 F.R. 72218) on the same date. Although written or electronic comments and requests for a public hear- ing were solicited, no comments were received and no public hearing was requested or held. The proposed regula- tions under section 6695 are adopted by this Treasury decision and the corre- sponding temporary regulations are re- moved. Section 6695(b) provides that any per- son who is an income tax return preparer with respect to a return or claim for re- fund, who is required by regulations pre- scribed by the Secretary to sign the re- turn or claim, and who fails to comply with those regulations, must pay a penalty of $50 for such failure, unless it is shown that the failure is due to reason- able cause and not willful neglect. The maximum penalty imposed with respect to documents filed during a calendar year will not exceed $25,000. Section 7701(a)(36)(A) provides that, in general, the term income tax return preparermeans any person who prepares for compensation, or who employs one or more persons to prepare for compen- sation, any return of tax or claim for re- fund imposed by subtitle A. For pur- poses of the preceding sentence, the preparation of a substantial portion of a return or claim is treated as if it were the preparation of such return or claim. Section 1.6695–1(b)(1) generally pro- vides that an income tax return preparer, with respect to a return or claim for re- fund, must manually sign the return or claim (which may be a photocopy) in the appropriate space provided on the return or claim after it is completed and before it is presented to the taxpayer (or nontax- able entity) for signature. Explanation of Provisions The final regulations provide that the employer of the preparer or the partner- ship in which the preparer is a partner, or the preparer (if not employed or engaged by a preparer and not a partner of a part- nership which is a preparer), must retain the manually signed copy of the return or claim. In the alternative, the person re- quired to retain the manually signed copy of the return or claim may either retain a photocopy of that manually signed copy or use an electronic storage system meet- ing the requirements of section 4 of Rev. Proc. 97–22 (1997–1 C.B. 652), or proce- dures subsequently prescribed by the Commissioner, to store and produce a copy of the return or claim manually signed by the preparer. Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assess- ment is not required. It also has been de- termined that section 553(b) of the Ad- ministrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regula- tions, and because the regulations do not impose a collection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, the notice of proposed rulemaking that preceded these regula- tions was submitted to the Chief Counsel for Advocacy of the Small Business Ad- ministration for comment on its impact on small business. Drafting Information The principal author of these regula- tions is Beverly A. Baughman of the Of- fice of Assistant Chief Counsel (Income Tax & Accounting). However, other personnel from the IRS and Treasury Department participated in their devel- opment. * * * * * Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 is amended by removing the entry for section 1.6695–1T and by revising the entry for section 1.6695–1 to read in part as follows: Authority: 26 U.S.C. 7805 * * * Section 1.6695–1 also issued under 26 U.S.C. 6060(b) and 6695(b). * * * Par. 2. Section 1.6695–1 is amended by: 1. Revising paragraph (b)(4)(i). 2. Adding paragraph (g). 3. Removing the authority citation im- mediately following the end of the sec- tion. The revision and addition read as fol- lows: §1.6695–1 Other assessable penalties with respect to the preparation of income tax returns for other persons. * * * * * (b) * * * (4)(i) The manual signature require- ment of paragraphs (b)(1) and (2) of this section may be satisfied by a photocopy of a copy of the return or claim for refund which copy is manually signed by the pre- parer after completion of its preparation. After a copy of the return or claim for re- fund is signed by the preparer and before it is photocopied, no person other than the preparer may alter any entries on the copy other than to correct arithmetical errors discernible on the return or claim for re- fund. The employer of the preparer or the partnership in which the preparer is a partner, or the preparer (if not employed or engaged by a preparer and not a partner of a partnership which is a preparer), must retain the manually signed copy of the re- turn or claim for refund. In the alterna- tive, for a return or claim for refund pre- sented to a taxpayer for signature after December 31, 1998, and for returns or claims for refund retained on or before that date, the person required to retain the manually signed copy of the return or claim for refund may choose to retain a photocopy of the manually signed copy of the return or claim for refund, or use an electronic storage system to store and pro- July 31, 20001442000–31 I.R.B. duce a copy of the manually signed return or claim for refund. For purposes of this paragraph (b)(4)(i), an electronic storage system must meet the electronic storage system requirements prescribed in section 4 of Rev. Proc. 97–22 (1997–1 C.B. 652)(see §601.601(d)(2) of this chapter) or other procedures prescribed by the Commissioner. A record of any arithmeti- cal errors corrected must be retained and made available upon request by the per- son required to retain the manually signed copy of the return or claim for refund. * * * * * (g) Effective date. This section applies to income tax returns and claims for re- fund presented to a taxpayer for signature after December 31, 1998, and for returns or claims for refund retained on or before that date. Section 1.6695–1T [Removed] Par. 3. Section 1.6695–1T is removed. Robert E. Wenzel, Deputy Commissioner of Internal Revenue. Approved June 30, 2000. Jonathan Talisman, Deputy Assistant Secretary of the Treasury. (Filed by the Office of the Federal Register on July 17, 2000, 8:45 a.m., and published in the issue of the Federal Register for July 18, 2000, 65 F.R. 44436) 2000–31 I.R.B.145July 31, 2000 July 31, 20001462000–31 I.R.B. Part III. Administrative, Procedural, and Miscellaneous 26 CFR 601.602: Tax forms and instructions. (Also Part I, sections 6012, 6061; 1.6012–5, 1.6061–1.) Rev. Proc. 2000–31 CONTENTS SECTION 1 PURPOSE SECTION 2 BACKGROUND AND CHANGES SECTION 3 DEFINITIONS SECTION 4 ACCEPTANCE IN THE IRS e-filePROGRAM SECTION 5 RESPONSIBILITIES OF AN AUTHORIZED IRS e-file PROVIDER SECTION 6 PENALTIES SECTION 7 MONITORING AND SANCTIONING OF AN AUTHO- RIZED IRS e-filePROVIDER SECTION 8 ADMINISTRATIVE REVIEW PROCESS SECTION 9 PILOT PROGRAMS SECTION 10 EFFECT ON OTHER DOCUMENTS SECTION 11 EFFECTIVE DATE SECTION 12 INTERNAL REVENUE SERVICE OFFICE CONTACT SECTION 1. PURPOSE This revenue procedure informs those who participate in the IRS e-fileProgram of their obligations to the Internal Rev- enue Service, taxpayers, and other partici- pants. The IRS e-fileProgram allows tax- payers to file their income tax returns through an Electronic Return Originator, or by using a personal computer, modem, and commercial tax preparation software (the Form 1040 IRS On-Line Filing Pro- gram). The following returns can be filed under the IRS e-fileProgram: (1) Form 1040 and Form 1040A, U. S. Individual Income Tax Return; and (2) Form 1040EZ, Income Tax Return for Single and Joint Filers with no Dependents. This revenue procedure modifies and super- sedes Rev. Proc. 98–50, 1998–2 C.B. 368 (IRS e-fileProgram), and Rev. Proc. 98–51, 1998–2 C.B. 380 (Form 1040 IRS On-Line Filing Program). SECTION 2. BACKGROUND AND CHANGES .01 Section 1.6011–1(a) of the Income Tax Regulations provides that every per- son subject to income tax must make a re- turn or statement as required by the regu- lations. The return or statement must include the information required by the applicable regulations or forms. .02 Section 301.6061–1(b) of the Reg- ulations on Procedure and Administration authorizes the Secretary to prescribe in forms, instructions, or other appropriate guidance the method of signing any re- turn, statement, or other document re- quired to be made under any provision of the internal revenue laws or regulations. .03 Section 1.6012–5 of the regula- tions provides that the Commissioner may authorize the use, at the option of a person required to make a return, of a composite return in lieu of any form specified in 26 CFR Part 1 (Income Tax), subject to the conditions, limitations, and special rules governing the preparation, execution, fil- ing, and correction thereof as the Com- missioner may deem appropriate. .04 This revenue procedure combines the rules governing the IRS e-filePro- gram with the rules governing the Form 1040 IRS On-Line Filing Program (previ- ously set forth in Rev. Proc. 98–50 and Rev. Proc. 98–51, respectively). .05 This revenue procedure incorpo- rates substantive changes made to the IRS e-fileProgram, including changes to the definitions of program participants (see section 3 of this revenue procedure) and changes to the sanctions that may be im- posed upon Authorized IRS e-file Providers (see section 7 of this revenue procedure). .06 Many of the rules governing par- ticipation in the IRS e-fileProgram are now set forth in IRS Publications. See section 5.01 of this revenue procedure. SECTION 3. DEFINITIONS .01 A participant in the IRS e-filePro- gram is referred to as an “Authorized IRS e-fileProvider.” The Authorized IRS e-fileProvider categories are: (1) ELECTRONIC RETURN ORIGINATOR. An “Electronic Return Originator” (ERO) originates the elec- tronic submission of income tax returns. (2) INTERMEDIATE SERVICE PROVIDER. An “Intermediate Service Provider” receives tax return information from an ERO (or from a taxpayer who files electronically using a personal com- puter, modem, and commercial tax prepa- ration software), processes the tax return information, and either forwards the in- formation to a Transmitter, or sends the information back to the ERO (or tax- payer). (3) SOFTWARE DEVELOPER. A “Software Developer” develops software for the purposes of (a) formatting elec- tronic tax return information according to Publication 1346, Electronic Return File Specifications and Record Layouts for Individual Income Tax Returns; and/or (b) transmitting electronic tax return in- formation directly to the Service. (4) TRANSMITTER. A “Transmit- ter” transmits electronic tax return infor- mation directly to the Service. .02 The Authorized IRS e-file Provider categories are not mutually ex- clusive. For example, an ERO can, at the same time, be a Transmitter, Software Developer, or Intermediate Service Provider depending on the function(s) performed. .03 A “Responsible Official” is an in- dividual with authority over the IRS e-fileoperation of the office(s) of the Au- thorized IRS e-fileProvider, is the first point of contact with the Service, and has authority to sign revised IRS e-fileappli- cations. A Responsible Official is re- sponsible for ensuring that the Autho- rized IRS e-fileProvider adheres to the provisions of this revenue procedure and the publications and notices governing the IRS e-fileProgram. SECTION 4. ACCEPTANCE IN THE IRS e-filePROGRAM .01 Individuals, businesses, and orga- nizations that wish to participate in the IRS e-fileProgram must apply for partic- ipation and must be accepted by the Ser- vice. .02 The procedures governing applica- tion to the IRS e-fileProgram are in- cluded in Publication 3112, The IRS e-fileApplication Package. .03 The circumstances under which the Service may deny participation in the IRS e-fileProgram are included in Publi- cation 1345, Handbook for Authorized e-fileProviders of Individual Income Tax Returns. An applicant who is denied par- ticipation may seek administrative re- view of the denial. See section 8 of this revenue procedure. .04 To continue participation in the IRS e-fileProgram, Authorized IRS e-file Providers must adhere to all requirements of this revenue procedure and the publi- cations and notices governing the IRS e-fileProgram. SECTION 5. RESPONSIBILITIES OF AN AUTHORIZED IRS e-file PROVIDER .01 To ensure that returns are accu- rately and efficiently filed, an Authorized IRS e-fileProvider must comply with the provisions of this revenue procedure and all publications and notices governing the IRS e-fileProgram. The Service will from time to time update such publica- tions and notices to reflect changes to the program. It is the responsibility of the Authorized IRS e-fileProvider to ensure that it complies with the latest version of all publications and notices. The publica- tions and notices governing the IRS e-file Program include: (1) Publication 1345, Handbook for Authorized IRS e-fileProviders of Indi- vidual Income Tax Returns; (2) Publication 1345A, Filing Sea- son Supplement for Authorized IRS e-file Providers of Individual Income Tax Re- turns; (3) Publication 1346, Electronic Re- turn File Specifications and Record Lay- outs for Individual Income Tax Returns; (4) Publication 1436, Test Package for Electronic Filing of Individual In- come Tax Returns; (5) Publication 3112, The IRS e-file Application Package; and (6) Postings to the Electronic Filing System Bulletin Board (EFS Bulletin Board) and the IRS “Digital Daily” web site at: http://www.irs.gov on the Internet. .02 The publications and notices listed in section 5.01 supplement this revenue procedure but do not supersede it. A violation of a provision of these publications and notices is considered a violation of this revenue procedure and may subject the participant to the sanc- tions provided in section 7 of this rev- enue procedure. SECTION 6. PENALTIES .01 Penalties for Disclosure or Use of Information. (1) An Authorized IRS e-file Provider, except a Software Developer that does not have access to taxpayer in- formation, is a tax return preparer under the definition of § 301.7216–1(b). A tax return preparer is subject to a criminal penalty for unauthorized disclosure or use of tax return information. See § 7216 of the Internal Revenue Code and § 301.7216–1(a). In addition, § 6713 es- tablishes civil penalties for unauthorized disclosure or use of tax return information. (2) Under § 301.7216–2(h), disclo- sure of tax return information among Au- thorized IRS e-fileProviders for the pur- pose of electronically filing a return is permissible. For example, an ERO may pass on tax return information to an Inter- mediate Service Provider and/or a Trans- mitter for the purpose of having an elec- tronic return formatted and transmitted to the Service. .02 Other Preparer Penalties. (1) Preparer penalties may be as- serted against an individual or firm meet- ing the definition of an income tax return preparer under § 7701(a)(36) and § 301.7701–15. Preparer penalties that may be asserted under appropriate cir- cumstances include, but are not limited to, those set forth in §§ 6694, 6695, and 6713. (2) Under § 301.7701–15(d), Autho- rized IRS e-fileProviders are not income tax return preparers for the purpose of as- sessing most preparer penalties as long as their services are limited to “typing, re- production, or other mechanical assis- tance in the preparation of a return or claim for refund.” (3) If an ERO, Intermediate Service Provider, Transmitter, or the product of a Software Developer alters the return in- formation in a nonsubstantive way, this alteration will be considered to come under the “mechanical assistance” excep- tion described in § 301.7701–15(d). A nonsubstantive change is a correction or change limited to a transposition error, misplaced entry, spelling error, or arith- metic correction. (4) If an ERO, Intermediate Service Provider, Transmitter, or the product of a Software Developer alters the return in- formation in a way that does not come under the “mechanical assistance” excep- tion, the Authorized IRS e-fileProvider may be held liable for income tax return preparer penalties. See § 301.7701–15; Rev. Rul. 85–189, 1985–2 C.B. 341 (which describes a situation where a Soft- ware Developer was determined to be an income tax return preparer and subject to certain preparer penalties). .03 Other Penalties. In addition to the above specified provisions, the Service reserves the right to assert all appropriate preparer, nonpreparer, and disclosure penalties against an Authorized IRS e-file Provider as warranted under the circum- stances. SECTION 7. MONITORING AND SANCTIONING OF AN AUTHORIZED IRS e-file PROVIDER .01 The Service will monitor Autho- rized IRS e-file Providers for compliance with the rules governing the IRS e-file Program. The Service may sanction an Authorized IRS e-fileProvider for violat- ing any provision of this revenue proce- dure or the publications and notices gov- erning the IRS e-fileProgram. .02 Sanctions that the Service may im- pose upon an Authorized IRS e-file Provider for violations described in sec- tion 7.01 of this revenue procedure in- clude a written reprimand, suspension or expulsion from the program, and other sanctions, depending on the seriousness of the infraction. Publication 1345 de- scribes the infraction categories and the rules governing the imposition of sanc- tions. SECTION 8. ADMINISTRATIVE REVIEW PROCESS .01 An applicant that has been denied participation in the IRS e-fileProgram (see section 4.03 of this revenue proce- dure) has the right to an administrative re- view. During the administrative review process, the denial of participation re- mains in effect. .02 An Authorized IRS e-fileProvider may seek administrative review for any sanction the Service may impose under section 7 of this revenue procedure. .03 Publication 1345 describes the pro- cedures regarding administrative review of a denial of participation in the IRS e-fileProgram and any sanction imposed by the Service. 2000–31 I.R.B.147July 31, 2000 July 31, 20001482000–31 I.R.B. SECTION 9. PILOT PROGRAMS .01 The Service regularly conducts pilot programs to introduce new technol- ogy into the IRS e-fileProgram. These pilot programs are usually conducted within a limited geographic area or within a limited taxpayer or practitioner commu- nity. The Service establishes rules for par- ticipating in these pilot programs and em- bodies these rules in an implementing document typically referred to as a “Mem- orandum of Understanding” (MOU) or “Memorandum of Agreement” (MOA). Pilot participants must agree to the provi- sions of the implementing document in order to participate in the pilot program. .02 An implementing document sup- plements this revenue procedure, but does not supersede it. Participants in a pilot program remain subject to the provisions of this revenue procedure unless the im- plementing document specifically pro- vides otherwise. .03 A violation of a provision of an im- plementing document is considered a vio- lation of this revenue procedure and may subject the participant to sanctions (see section 7 of this revenue procedure). SECTION 10. EFFECT ON OTHER DOCUMENTS Rev. Proc. 98–50, 1998–2 C.B. 368, and Rev. Proc. 98–51, 1998–2 C.B. 380, are modified and, as modified, are superseded. SECTION 11. EFFECTIVE DATE This revenue procedure is effective July 13, 2000, except for the provisions of section 7 of this revenue procedure, which are effective for sanctions imposed on or after January 1, 2001. SECTION 12. INTERNAL REVENUE SERVICE OFFICE CONTACT All questions regarding this revenue procedure should be directed to the Inter- nal Revenue Service. The telephone number for this purpose is (202) 283- 0531 (not a toll-free number). 2000–31 I.R.B.149July 31, 2000 Part IV. Items of General Interest Automatic Enrollment Features in Prototype Section 401(k) Plans Announcement 2000–60 The Service would like to bring to the attention of prototype plan sponsors and employers that currently maintain, or are considering adopting, § 401(k) plans the availability of automatic enrollment fea- tures in pre-approved § 401(k) plans. In general, § 401(k) plans that have auto- matic enrollment features reportedly have had significantly higher employee partici- pation rates than § 401(k) plans without such features. Under an automatic enrollment feature in an employer’s § 401(k) plan, a partici- pant’s compensation is automatically re- duced by a specified percentage, and that amount is contributed as an elective con- tribution on the participant’s behalf to the plan, unless the participant affirmatively elects not to have his or her compensation reduced or to have it reduced by a differ- ent amount. See Rev. Rul. 2000–8, 2000–7 I.R.B. 617 (February 14, 2000). The Service “pre-approves” certain tax- qualified retirement plans, including § 401(k) plans, under the Service’s proto- type plan program, which is set forth in Rev. Proc. 2000–20, 2000–6 I.R.B. 553. Prototype plans are submitted by sponsors to the Service for review for compliance with applicable laws and procedures. Sponsors, who may be financial institu- tions or others, offer their Service-ap- proved prototype plans to employers to adopt for the benefit of employees. Bad Debt Reserves of Thrift Institutions Announcement 2000–63 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Withdrawal of proposed regu- lations. SUMMARY: This document withdraws proposed regulations amending the in- come tax regulations. This action is taken to remove from the IRS’ inventory of regulations projects certain proposed regulations that will not be published in final form because under a subsequent amendment the underlying statute does not apply to taxable years beginning after December 31, 1995. DATES: These proposed regulations are withdrawn July 12, 2000. FOR FURTHER INFORMATION CON- TACT: Craig Wojay, of the Office of As- sistant Chief Counsel, Financial Institu- tions and Products, Internal Revenue Service, 1111 Constitution Ave., NW, Washington, DC 20224. Telephone (202) 622-3920, (not a toll-free number). SUPPLEMENTARY INFORMATION: Background This document withdraws certain pro- posed regulations previously published in the Federal Register(FI–42–90, 1992–1 C.B. 1072 [57 F.R. 1232]) by the IRS. These proposed regulations, §§1.593–12, 1.593–13, and 1.593–14, are being with- drawn because under a subsequent amendment the underlying statute, sec- tion 593, does not apply subsections (a), (b), (c), and (d) to taxable years begin- ning after December 31, 1995. Drafting Information The principal author of this withdrawal notice is Craig Wojay, Office of the As- sistant Chief Counsel (Financial Institu- tions and Products) within the Office of the Chief Counsel, IRS. However, other personnel from the IRS and the Treasury Department participated in developing the withdrawal notice. * * * * * Withdrawal of Proposed Amendments to the Regulations Accordingly, under the authority of 26 U.S.C. 7805, the proposed rulemaking that was published in the Federal Regis- teron Monday, January 13, 1992 (57 F.R. 1232) is withdrawn. Robert E. Wenzel, Deputy Commissioner of Internal Revenue. (Filed by the Office of the Federal Register on July 11, 2000, 8:45 a.m., and published in the issue of the Federal Register for July 12, 2000, 65 F.R. 42900) Supplemental Information on Treasury Bills for Publication 1212 Announcement 2000–64 Banks, brokers, and other middlemen who report discount on Treasury bill re- demptions on Form 1099–INT must use the owner’s purchase price, where avail- able, to determine the amount of discount to report. This information can usually be obtained from the owner’s or middle- man’s records. However, if the owner’s purchase price is not available from ex- isting records, the middleman must report the discount as if the holder had pur- chased the Treasury bill at its original issue price. In this case, the middleman must use as the original issue price the noncompetitive issue price for the longest-maturity Treasury bill maturing on that date. For Treasury bill redemptions when the owner’s purchase price cannot be de- termined, the following list gives the noncompetitive issue prices and corre- sponding amounts of discount to be re- ported on Form 1099–INT for Treasury bills maturing May through July 2000. This list, which should also help middle- men determine any amounts subject to backup withholding, supplements the list that appears in 1999 edition of Publica- tion 1212,List of Original Issue Discount Instruments. Tax Treatment of Cafeteria Plans; Public Hearing Announcement 2000–65 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of public hearing on proposed rulemaking. SUMMARY: This document contains a notice of public hearing on proposed reg- ulations relating to the tax treatment of cafeteria plans. DATES: The public hearing is being held on August 17, 2000, at 10 a.m. The IRS must receive outlines of the topics to be dis- cussed at the hearing by August 3, 2000. ADDRESSES: The public hearing is being held in Room 4718, Internal Revenue Building, 1111 Constitution Avenue, NW., Washington, DC. Due to building security procedures, visitors must enter at the 10 th Street entrance, located between Constitu- tion and Pennsylvania Avenues, NW. In addition, all visitors must present photo identification to enter the building. Mail outlines to: Regulations Unit CC (REG–117162–99), room 5226, Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, DC 20044. Hand de- liver outlines Monday through Friday be- tween the hours of 8 a.m. and 5 p.m. to: Regulations Unit CC (REG–117162–99), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washing- ton, DC. Submit outlines electronically via the Internet by selecting the “Tax Regs” option on the IRS Home Page, or by sub- mitting them directly to the IRS Internet site at http://www.irs.gov/tax_regs/ regslist.html. FOR FURTHER INFORMATION CON- TACT: Concerning submissions of com- ments, the hearing, and/or to be placed on the building access list to attend the hear- ing, contact Treena Garrett, (202) 622- 7180 (not a toll-free number). Short-Term United States Treasury Bills Issued at a Discount and Maturing August 2000-December 2000 Dollar Amount of NoncompetitiveOID to be reported CUSIPMaturityIssueIssue Price (% of (per $1,000 of NumberDateDatePrincipal Amount)Maturity Value) July 31, 20001502000–31 I.R.B. * 52-week bill 912795EV908/03/200002/02/200097.11628.84 912795EW708/10/200002/10/200097.08329.17 *912795EE708/17/200008/19/199995.00050.00 912795EX508/24/200002/24/200097.08529.15 912795EY308/31/200003/02/200097.08529.15 912795EZ009/07/200003/09/200097.05529.45 *912795EF409/14/200009/16/199994.94450.56 912795FA409/21/200003/23/200097.20227.98 912795FB209/28/200003/30/200097.01529.85 912795FC010/05/200004/06/200097.01729.83 *912795EG210/12/200010/14/199994.82851.72 912795FD810/19/200004/20/200097.08529.15 912795FE610/26/200004/27/200097.09629.04 912795FF311/02/200005/04/200097.00030.00 *912795EH011/09/200011/12/199994.78752.13 912795FG111/16/200005/18/200096.84031.60 912795FH911/24/200005/25/200096.88631.14 912795FJ511/30/200006/01/200096.89131.09 *912795EJ612/07/200012/09/199994.59154.09 912795FK212/14/200006/15/200096.96430.36 912795FL012/21/200006/22/200097.00729.93 912795FM812/28/200006/29/200096.98930.11 2000–31 I.R.B.151July 31, 2000 SUPPLEMENTARY INFORMATION: The subject of the public hearing is the notice of proposed regulations (REG–117162–99, 2000–15 I.R.B. 871) that was published in the Federal Registeron March 23, 2000 (65 F.R. 15587). The rules of 26 CFR 601.601(a)(3) apply to the hearing. Persons who have submitted written comments and wish to present oral comments at the hearing must submit an outline of the topics to be discussed and the amount of time to be devoted to each topic (signed origi- nal and eight (8) copies) by August 3, 2000. A period of 10 minutes is allotted to each person for presenting oral com- ments. After the deadline for receiving outlines has passed, the IRS will pre- pare an agenda containing the schedule of speakers. Copies of the agenda will be made available, free of charge, at the hearing. Because of access restrictions, the IRS will not admit visitors beyond the imme- diate entrance area more than 15 minutes before the hearing starts. For information about having your name placed on the building access list to attend the hearing, see the “FOR FURTHER INFORMATION CONTACT” section of this document. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel, (Modernization and Strategic Planning). July 31, 2000i2000–31 I.R.B. Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in law or regulations. A ruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case the previously published ruling is first modified and then, as modified, is super- seded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contribution Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms 2000–31 I.R.B.iiJuly 31, 2000 Numerical Finding List 1 Bulletins 2000–27 through 2000–30 Announcements: 2000–57, 2000–28 I.R.B. 115 2000–58, 2000–30 I.R.B. 135 2000–59, 2000–29 I.R.B. 120 2000–61, 2000–30 I.R.B. 136 2000–62, 2000–30 I.R.B. 137 Court Decisions: 2068, 2000–28 I.R.B. 109 Notices: 2000–33, 2000–27 I.R.B. 97 2000–35, 2000–29 I.R.B. 118 2000–37, 2000–29 I.R.B. 118 2000–39, 2000–30 I.R.B. 132 2000–40, 2000–30 I.R.B. 134 Proposed Regulations: REG–105316–98, 2000–27 I.R.B. 98 Railroad Retirement Quarterly Rate: 2000–28, I.R.B. 112 2000–29, I.R.B. 117 Revenue Procedures: 2000–28, 2000–27 I.R.B. 60 2000–29, 2000–28 I.R.B. 113 2000–30, 2000–28 I.R.B. 113 Revenue Rulings: 2000–32, 2000–27 I.R.B. 1 2000–34, 2000–29 I.R.B. 116 Treasury Decisions: 8886, 2000–27 I.R.B. 3 8888, 2000–27 I.R.B. 3 8889, 2000–30 I.R.B. 124 8890, 2000–30 I.R.B. 122 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2000–1 through 2000–26 is in Internal Revenue Bulletin 2000–27, dated July 3, 2000. July 31, 2000iii2000–31 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2000–27 through 2000–30 Revenue Procedures: 99–18 Modified by Rev. Proc. 2000–29, 2000–28 I.R.B. 113 99–34 Superseded by Rev. Proc. 2000–28, 2000–27 I.R.B. 60 Treasury Decisions: 8883 Corrected by Announcement 2000–57, 2000–28 I.R.B. 115 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2000–1 through 2000–26 is in Internal Revenue Bulletin 2000–27, dated July 3, 2000. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the IRS Bulletin Unit, OP:FS:FP:P:1, Room 5617, 1111 Constitution Avenue NW, Washington, DC 20224. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.