Internal Revenue Bulletin 2006-22 (PDF rendition): IRS Revenue Rulings

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Bulletin No. 200
6-22
May 30, 2006
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.
INCOME TAX
Rev. Rul. 2006–28, page 938.
LIFO; price indexes; department stores.The March 2006
Bureau of Labor Statistics price indexes are accepted for use
by department stores employing the retail inventory and last-in,
first-out inventory methods for valuing inventories for tax years
ended on, or with reference to, March 31, 2006.
Rev. Proc.
2006–24, page 943.
This proce
dure informs the trustee (or debtor in possession)
represent
ing the bankruptcy estate of the debtor of the proce-
dure to be
followed in obtaining a prompt determination by the
Service o
f any unpaid tax liability of the estate incurred during
the admin
istration of the case. Rev. Proc. 81–17 obsoleted.
EMPLOYEE PLANS
Notice 2006–49, page 943.
Weighted average interest rate update; 30-year Trea-
sury securities.The weighted average interest rate for May
2006 and the resulting permissible range of interest rates used
to calculate current liability and to determine the required con-
tribution are set forth.
Rev. Pro
c. 2006–27, page 945.
Adminis
trative programs; correction programs.This pro-
cedure u
pdates and expands upon the Service’s comprehen-
sive Em
ployee Plans Compliance Resolution System (EPCRS)
of corr
ection programs for retirement plans within the jurisdic-
tion of
the Commissioner, Tax Exempt and Government Entities
Divisi
on. Rev. Proc. 2003–44 modified and superseded.
ESTATE TAX
Rev. Rul. 2006–26, page 939.
IRA, marital deduction.This ruling clarifies circumstances
under which the surviving spouse is considered to have a qual-
ifying income interest for life in an IRA where a marital trust is
designated as the IRA beneficiary for purposes of electing to
have the IRA treated as qualifying terminable interest property
under section 2056(b)(7) of the Code. Rev. Rul. 2000–2 mod-
ified and superseded.
EMPLOYMENT TAX
Rev. Proc. 2006–24, page 943.
This procedure informs the trustee (or debtor in possession)
representing the bankruptcy estate of the debtor of the proce-
dure to be followed in obtaining a prompt determination by the
Service of any unpaid tax liability of the estate incurred during
the administration of the case. Rev. Proc. 81–17 obsoleted.
EXCISE T
AX
Rev. Pro
c. 2006–24, page 943.
This pro
cedure informs the trustee (or debtor in possession)
represe
nting the bankruptcy estate of the debtor of the proce-
dure to
be followed in obtaining a prompt determination by the
Servic
e of any unpaid tax liability of the estate incurred during
the adm
inistration of the case. Rev. Proc. 81–17 obsoleted.
(Continued on the next page)
Finding Lists begin on page ii.
Index for January through May begins on page vi.

ADMINISTRATIVE
Rev. Proc. 2006–24, page 943.
This procedure informs the trustee (or debtor in possession)
representing the bankruptcy estate of the debtor of the proce-
dure to be followed in obtaining a prompt determination by the
Service of any unpaid tax liability of the estate incurred during
the administration of the case. Rev. Proc. 81–17 obsoleted.
May 30, 20062006–22 I.R.B.

The IRS Mission
Provide America’s taxpayers top quality service by helping
them understand and meet their tax responsibilities and by
applying the tax law with integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, 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 compiled 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, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement 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 published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation 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 Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Sec-
retary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last 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 last Bulletin of each semiannual period.
The c
ontents 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.
2006–22 I.R.B.May 30, 2006

Part I. Rulings and Decisions Under the Internal Revenue Code
of 1986
Section 472.—Last-in,
First-out Inventories
26 CFR 1.472–1: Last-in, First-out inventories.
LIFO; price indexes; department
stores.The March 2006 Bureau of La-
bor Statistics price indexes are accepted
for use by department stores employing
the retail inventory and last-in, first-out
inventory methods for valuing inventories
for tax years ended on, or with reference
to, March 31, 2006.
Rev. Rul. 2006–28
The following Department Store Inven-
tory Price Indexes for March 2006 were
issued by the Bureau of Labor Statistics.
The indexes are accepted by the Inter-
nal Revenue Service, under § 1.472–1(k)
of the Income Tax Regulations and Rev.
Proc. 86–46, 1986–2 C.B. 739, for ap-
propriate application to inventories of
department stores employing the retail
inventory and last-in, first-out inventory
methods for tax years ended on, or with
reference to, March 31, 2006.
The Department Store Inventory Price
Indexes are prepared on a national basis
and include (a) 23 major groups of depart-
ments, (b) three special combinations of
the major groups — soft goods, durable
goods, and miscellaneous goods, and (c) a
store total, which covers all departments,
including some not listed separately, ex-
cept for the following: candy, food, liquor,
tobacco, and contract departments.
BUREAU OF
LABOR STATISTICS, DEPARTMENT STORE
INVENTOR
Y PRICE INDEXES BY DEPARTMENT GROUPS
(January
1941 = 100, unless otherwise noted)
GroupsMar. 2005Mar. 2006
Percent Change
from Mar. 2005
to Mar. 2006
1
1. PieceGoods .............................................465.1442.9-4.8
2. DomesticsandDraperies..................................536.8495.7-7.7
3. Women’s
andChildren’sShoes ............................
685.9703.12.5
4. Men’sShoes.............................................849.9875.83.0
5. Infants’Wear ............................................571.0569.9-0.2
6. Women’
sUnderwear......................................
547.7545.6-0.4
7. Women’sHosiery ........................................349.7347.3-0.7
8. Women’sandGirls’Accessories ...........................607.0583.1-3.9
9. Women
’sOuterwearandGirls’Wear .......................
375.9367.6-2.2
10. Men’sClothing ..........................................564.8542.9-3.9
11. Men’sFurnishings........................................587.0571.3-2.7
12. Boys
’ClothingandFurnishings............................
445.9408.0-8.5
13. Jewelry..................................................882.1854.9-3.1
14. Notions .................................................777.7792.21.9
15. Toil
etArticlesandDrugs..................................
991.41008.31.7
16. FurnitureandBedding ....................................604.2603.6-0.1
17. FloorCoverings..........................................602.4619.52.8
18. Hou
sewares..............................................
712.2696.4-2.2
19. MajorAppliances.........................................205.0204.2-0.4
20. RadioandTelevision......................................39.537.1-6.1
21
.
Re
creation and Education
2
.................................
79.677.2-3.0
22. Home Improvements
2
.....................................137.3139.51.6
23. Automotive Accessories
2
..................................114.4118.43.5
Groups1–15:SoftGoods .......................................572.2560.6-2.0
Groups16–20:DurableGoods...................................381.1374.7-1.7
Groups 21–23: Misc. Goods
2
....................................94.093.5-0.5
Store Total
3
..............................................504.0495.0-1.8
1
Absence of a minus sign before the percentage change in this column signifies a price increase.
2
Indexes on a January 1986 = 100 base.
3
The store total index covers all departments, including some not listed separately, except for the following: candy, food, liquor,
tobacco, and contract departments.
2006–22 I.R.B.938May 30, 2006

DRAFTING INFORMATION
The principal author of this revenue
ruling is Michael Burkom of the Office
of Associate Chief Counsel (Income Tax
and Accounting). For further informa-
tion regarding this revenue ruling, contact
Mr. Burkom at (202) 622–7924 (not a
toll-free call).
Section 2056.—Bequests,
etc., to Surviving Spouse
26 CFR 20.2056(a)–1: Qualified terminable interest
property elections.
If a marital trust is the named beneficiary of a dece-
dent’s IRA, under what circumstances is the surviv-
ing spouse considered to have a qualifying income in-
terest for life in the IRA and in the trust for purposes
of an election to treat both the IRA and the trust as
qualified terminable interest property under section
2056(b)(7)? See Rev. Rul. 2006-26, page 939.
IRA, marital deduction.This ruling
clarifies circumstances under which the
surviving spouse is considered to have a
qualifying income interest for life in an
IRA where a marital trust is designated as
the IRA beneficiary for purposes of elect-
ing to have the IRA treated as qualifying
terminable interest property under section
2056(b)(7) of the Code. Rev. Rul. 2000–2
modified and superseded.
Rev. Rul. 2006–26
ISSUE
If a marital trust described inSitua-
tions 1, 2,or3is the named beneficiary
of a decedent’s individual retirement ac-
count (IRA) or other qualified retirement
plan described in section 4974(c) that is a
defined contribution plan, under what cir-
cumstances is the surviving spouse con-
sidered to have a qualifying income inter-
est for life in the IRA (or qualified retire-
ment plan) and in the trust for purposes of
an election to treat both the IRA and the
trust as qualified terminable interest prop-
erty (QTIP) under § 2056(b)(7) of the In-
ternal Revenue Code?
FACTS
Adies in 2004, at age 68, survived by
spouse,B. Prior to death,Aestablished an
IRA described in § 408(a).A’s will creates
a testamentary marital trust (Trust) that is
funded with assets inA’s probate estate.
As ofA’s death, Trust is irrevocable and
is valid under applicable local law. Prior
to death,Anamed Trust as the beneficiary
of all amounts payable from the IRA after
A’s death. The IRA is properly included in
A’s gross estate for federal estate tax pur-
poses. The IRA is currently invested in
productive assets andBhas the right (di-
rectly or through the trustee of Trust) to
compel the investment of the IRA in assets
productive of a reasonable income. The
IRA document does not prohibit the with-
drawal from the IRA of amounts in excess
of the annual required minimum distribu-
tion amount under § 408(a)(6). The execu-
tor ofA’s estate elects under § 2056(b)(7)
to treat both the IRA and Trust as QTIP.
Under Trust’s terms, all income is
payable annually toBforB’s life, and no
person has the power to appoint any part
of the Trust principal to any person other
thanBduringB’s lifetime.Bhas the right
to compel the trustee to invest the Trust
principal in assets productive of a rea-
sonable income. OnB’s death, the Trust
principal is to be distributed toA’s chil-
dren, who are younger thanB.Underthe
trust instrument, no person other thanB
andA’s children has a beneficial interest in
Trust (including any contingent beneficial
interest). Further, as in Rev. Rul. 2000–2,
2000–1 C.B. 305, under Trust’s terms,B
has the power, exercisable annually, to
compel the trustee to withdraw from the
IRA an amount equal to all the income of
the IRA for the year and to distribute that
income toB.IfBexercises this power, the
trustee is obligated under Trust’s terms to
withdraw the greater of all of the income of
the IRA or the annual required minimum
distribution amount under § 408(a)(6), and
distribute currently toBat least the income
of the IRA. The Trust instrument provides
that any excess of the required minimum
distribution amount over the income of the
IRA for that year is to be added to Trust’s
principal. IfBdoes not exercise the power
to compel a withdrawal from the IRA for a
particular year, the trustee must withdraw
from the IRA only the required minimum
distribution amount under § 408(a)(6) for
that year.
The trustee of Trust provides to the
IRA trustee a copy ofA’s will (Trust’s
governing instrument) before October
31, 2005, in accordance with A–6(b) of
§ 1.401(a)(9)–4 of the Income Tax regu-
lations. Because the requirements of A–4
and A–5 of § 1.401(a)(9)–4 of the Income
Tax regulations are satisfied and there are
no beneficiaries or potential beneficiaries
that are not individuals, the beneficiaries
of the trust may be treated as designated
beneficiaries of the IRA. In accordance
with § 408(a)(6) and the terms of the IRA
instrument, the trustee of Trust elects to
receive annual required minimum distri-
butions using the exception to the five
year rule in § 401(a)(9)(B)(iii) for distri-
butions over a distribution period equal to
a designated beneficiary’s life expectancy.
Because amounts may be accumulated in
Trust for the benefit ofA’s children,B
is not treated as the sole beneficiary and,
thus, the special rule for a surviving spouse
in § 401(a)(9)(B)(iv) is not applicable.
Accordingly, the trustee of Trust elects to
have the annual required minimum dis-
tributions from the IRA to Trust begin in
2005, the year immediately following the
year ofA’s death. The amount of the an-
nual required minimum distribution from
the IRA for each year is calculated by
dividing the account balance of the IRA as
of December 31 of the immediately pre-
ceding year by the remaining distribution
period. BecauseB
’s life expectancy is the
shortest of all of the potential beneficiaries
of Trust’s interest in the IRA (including
remainder beneficiaries), the distribution
period for purposes of § 401(a)(9)(B)(iii)
isB’s life expectancy, based on the Sin-
gle Life Table in A–1 of § 1.401(a)(9)–9,
usingB’s age as ofB’s birthday in 2005,
reduced by one for each calendar year that
elapses after 2005. OnB’s death, the re-
quired minimum distributions with respect
to any undistributed balance of the IRA
will continue to be calculated in the same
manner and be distributed to Trust over
the remaining distribution period.
Situation 1—Authorized Adjustments
Between Income and Principal. The facts
and the terms of Trust are as described
above. Trust is governed by the laws of
StateX. StateXhas adopted a version of
the Uniform Principal and Income Act
(UPIA) including a provision similar to
section 104(a) of the UPIA providing that,
in certain circumstances, the trustee is
authorized to make adjustments between
income and principal to fulfill the trustee’s
duty of impartiality between the income
May 30, 20069392006–22 I.R.B.

and remainder beneficiaries. More specif-
ically, StateXhas adopted a provision
providing that adjustments between in-
come and principal may be made, as under
section104(a)oftheUPIA,whentrust
assets are invested under State X’s pru-
dent investor standard, the amount to be
distributedtoabeneficiary is described
by reference to the trust’s income, and the
trust cannot be administered impartially
after applying State X’s statutory rules
regarding the allocation of receipts and
disbursements to income and principal. In
addition, StateX’s statute incorporates a
provision similar to section 409(c) of the
UPIA providing that, when a payment is
made from an IRA to a trust: (i) if no part
of the payment is characterized as interest,
a dividend, or an equivalent payment, and
all or part of the payment is required to
be distributed currently to the beneficiary,
the trustee must allocate 10 percent of the
required payment to income and the bal-
ance to principal; and (ii) if no part of the
payment made is required to be distributed
from the trust or if the payment received
by the trust is the entire amount to which
the trustee is contractually entitled, the
trustee must allocate the entire payment
to principal. StateX’s statute further pro-
videsthat,similartosection409(d)ofthe
UPIA, if in order to obtain an estate tax
marital deduction for a trust a trustee must
allocate more of a payment to income, the
trustee is required to allocate to income
the additional amount necessary to obtain
the marital deduction.
For each calendar year, the trustee
determines the total return of the assets
held directly in Trust, exclusive of the
IRA, and then determines the respective
portion of the total return that is to be
allocated to principal and to income un-
der StateX’s version of section 104(a)
of the UPIA in a manner that fulfills the
trustee’s duty of impartiality between the
income and remainder beneficiaries. The
amount allocated to income is distributed
toBas income beneficiary of Trust, in
accordance with the terms of the Trust
instrument. Similarly, for each calendar
year the trustee of Trust determines the
total return of the assets held in the IRA
and then determines the respective portion
of the total return that would be allocated
to principal and to income under StateX’s
version of section 104(a) of the UPIA in
a manner that fulfills a fiduciary’s duty
of impartiality. This allocation is made
without regard to, and independent of,
the trustee’s determination with respect
to Trust income and principal. IfBex-
ercises the withdrawal power, Trustee
withdraws from the IRA the amount allo-
cated to income (or the required minimum
distribution amount under § 408(a)(6), if
greater), and distributes toBthe amount
allocated to income of the IRA.
Situation 2—Unitrust Income Determi-
nation. The facts, and the terms of Trust,
are as described above. Trust is governed
by the laws of StateY. Under StateYlaw,
if the trust instrumentspecifically provides
or the interested parties consent, the in-
come of the trust means a unitrust amount
of 4 percent of the fair market value of
the trust assets valued annually. In accor-
dance with procedures prescribed by the
StateYstatute, all interested parties autho-
rize the trustee to administer Trust and to
determine withdrawals from the IRA in ac-
cordance with this provision. The trustee
determines an amount equal to 4 percent
of the fair market value of the IRA assets
andanamountequalto4percentofthe
fair market value of Trust’s assets, exclu-
sive of the IRA, as of the appropriate valu-
ation date. In accordance with the terms of
Trust, trustee distributes the amount equal
to 4 percent of the Trust assets, exclusive
of the IRA, toB, annually. In addition, if
Bexercises the withdrawal power, Trustee
withdraws from the IRA the greater of the
required minimum distribution amount un-
der § 408(a)(6) or the amount equal to 4
percent of the value of the IRA assets, and
distributes toBat least the amount equal to
4 percent of the value of the IRA assets.
Situation 3—“Traditional” Definition
of Income. The facts, and the terms of
Trust, are as described above. Trust is
governed by the laws of StateZ.StateZ
has not enacted the UPIA, and therefore
does not have provisions comparable to
sections 104(a) and 409(c) and (d) of the
UPIA. Thus, in determining the amount
of IRA incomeBcan compel the trustee
to withdraw from the IRA, the trustee
applies the law of StateZregarding the
allocation of receipts and disbursements
to income and principal, with no power to
allocate between income and principal. As
inSituations 1and2, the income of Trust
is determined without regard to the IRA,
and the income of the IRA is separately
determined based on the assets of the IRA.
LAW AND ANALYSIS
Section 2056(a) provides that the value
of the taxable estate is, except as limited by
§ 2056(b), determined by deducting from
the value of the gross estate an amount
equal to the value of any interest in prop-
erty that passes from the decedent to the
surviving spouse, to the extent that inter-
est is included in the value of decedent’s
gross estate.
Under § 2056(b)(1), if an interest pass-
ingtothesurvivingspousewillterminate
orfail,nodeductionisallowedwithre-
spect to the interest if an interest in the
property passes or has passed from the
decedent to any person other than the
surviving spouse (or the estate of the
spouse), that may be possessed or enjoyed
by such other person after termination of
the spouse’s interest.
Section 2056(b)(7) provides that QTIP,
for purposes of § 2056(a), is treated as
passing to the surviving spouse and no
part of the property is treated as passing to
any person other than the surviving spouse.
Section 2056(b)(7)(B)(i) defines QTIP as
property that passes from the decedent, in
which the surviving spouse has a qualify-
ing income interest for life, and to which an
election under § 2056(b)(7) applies. Under
§ 2056(b)(7)(B)(ii), the surviving spouse
has a qualifying income interest for life
if,inter alia, the surviving spouse is en-
titled to all the income from the property,
payable annually or at more frequent inter-
vals.
Section 20.2056(b)–7(d)(2) provides
that the principles of § 20.2056(b)–5(f),
relating to whether the spouse is entitled
for life to all of the income from the prop-
erty, apply in determining whether the
surviving spouse is entitled for life to all
of the income from the property for pur-
poses of § 2056(b)(7).
Section 20.2056(b)–5(f)(1) provides
that, if an interest is transferred in trust,
the surviving spouse is entitled for life to
all of the income from the entire interest
if the effect of the trust is to give the sur-
viving spouse substantially that degree of
beneficial enjoyment of the trust property
during the surviving spouse’s life that the
principles of the law of trusts accord to a
person who is unqualifiedly designated as
the life beneficiary of a trust. In addition,
the surviving spouse is entitled for life to
all of the income from the property if the
2006–22 I.R.B.940May 30, 2006

spouse is entitled to income as determined
by applicable local law that provides for
a reasonable apportionment between the
income and remainder beneficiaries of the
total return of the trust and that meets the
requirements of § 1.643(b)–1.
Section 20.2056(b)–5(f)(8) provides
that the terms “entitled for life” and
“payable annually or at more frequent
intervals” require that under the terms of
thetrusttheincomereferredtomustbe
currently (at least annually) distributable
to the spouse or that the spouse must have
such command over the income that it is
virtually the spouse’s. Thus, the surviving
spouse will be entitled for life to all of the
income from the trust, payable annually,
if, under the terms of the trust instrument,
the spouse has the right exercisable an-
nually (or at more frequent intervals) to
require distribution to the spouse of the
trust income and, to the extent that right
is not exercised, the trust income is to be
accumulated and added to principal.
Generally, § 1.643(b)–1 provides that,
for purposes of various provisions of the
Code relating to the income taxation of es-
tates and trusts, the term “income” means
the amount of income of the estate or trust
for the taxable year determined under the
terms of the governing instrument and
applicable local law. Under § 1.643(b)–1,
trust provisions that depart fundamentally
from traditional principles of income and
principal generally will not be recognized.
Under these traditional principles, items
such as dividends, interest, and rents are
generally allocated to income and pro-
ceeds from the sale or exchange of trust
assets are generally allocated to principal.
However, under § 1.643(b)–1, the allo-
cation of an amount between income and
principal pursuant to applicable local law
will be respected if local law provides for a
reasonable apportionment between the in-
come and remainder beneficiaries of the
total return of the trust for the year, includ-
ing ordinary and tax-exempt income, cap-
ital gains, and appreciation. For example,
a state statute providing that income is a
unitrust amount of no less than 3 percent
and no more than 5 percent of the fair mar-
ket value of the trust assets, whether deter-
mined annually or averaged on a multiple
year basis, is a reasonable apportionment
of the total return of the trust. Similarly,
under § 1.643(b)–1, a state statute that per-
mits the trustee to make adjustments be-
tween income and principal to fulfill the
trustee’s duty of impartiality between the
income and remainder beneficiaries is gen-
erally a reasonable apportionment of the
total return of the trust.
Rev. Rul. 2000–2, 2000–1 C.B. 305,
concludes that a surviving spouse has a
qualifying income interest for life under
§ 2056(b)(7)(B)(ii) in an IRA and in a mar-
ital trust named as the beneficiary of that
IRA if the spouse has the power, exer-
cisable annually, to compel the trustee to
withdraw the income earned on the IRA
assets and to distribute that income (along
with the income earned on the trust assets
other than the IRA) to the spouse. There-
fore, assuming all other requirements of
§ 2056(b)(7) are satisfied, and provided the
executor makes the election for both the
IRA and the trust, the IRA and the trust
will qualify for the marital deduction un-
der § 2056(b)(7). The revenue ruling also
concludes that the result would be the same
if the terms of the trust require the trustee
to withdraw an amount equal to the income
earned on the IRA assets and to distribute
that amount (along with the income earned
on the trust assets other than the IRA) to
the spouse.
InSituation 1, under section 104(a) of
the UPIA as enacted by StateX, the trustee
of Trust allocates the total return of the as-
sets held directly in Trust (i.e., assets other
than those held in the IRA) between in-
come and principal in a manner that fulfills
the trustee’s duty of impartiality between
the income and remainder beneficiaries.
The trustee of Trust makes a similar allo-
cation with respect to the IRA. The alloca-
tion of the total return of the IRA and the
total return of Trust in this manner consti-
tutes a reasonable apportionment of the to-
tal return of the IRA and Trust between the
income and remainder beneficiaries un-
der § 20.2056(b)–5(f)(1) and §1.643(b)–1.
Under the terms of Trust, the income of the
IRA so determined is subject toB’s with-
drawal power, and the income of Trust, so
determined, is payable toBannually. Ac-
cordingly, the IRA and Trust meet the re-
quirements of § 20.2056(b)(7)(B)(ii) and
thereforeBhas a qualifying income inter-
est for life in both the IRA and Trust be-
causeBhas the power to unilaterally ac-
cess all of the IRA income, and the income
of Trust is payable toBannually.
Depending upon the terms of Trust,
the impact of StateX’s version of sec-
tions 409(c) and (d) of the UPIA may
have to be considered. State X’s version
of section 409(c) of the UPIA provides
in effect that a required minimum distri-
bution from the IRA under Code section
408(a)(6) is to be allocated 10 percent to
income and 90 percent to principal. This
10 percent allocation to income, standing
alone, does not satisfy the requirements of
§§ 20.2056(b)–5(f)(1) and 1.643(b)–1, be-
cause the amount of the required minimum
distribution is not based on the total re-
turn of the IRA (and therefore the amount
allocated to income does not reflect a rea-
sonable apportionment of the total return
between the income and remainder ben-
eficiaries). The 10 percent allocation to
income also does not represent the income
of the IRA under applicable state law with-
out regard to a power to adjust between
principal and income. StateX’s version of
section 409(d) of the UPIA, requiring an
additional allocation to income if neces-
sary to qualify for the marital deduction,
may not qualify the arrangement under
§ 2056. Cf. Rev. Rul. 75–440, 1975–2
C.B. 372, using a savings clause to deter-
mine testator’s intent in a situation where
the will is ambiguous, but citing Rev. Rul.
65–144, 1965–1 C.B. 422, for the position
that savings clauses are ineffective to re-
form an instrument for federal transfer tax
purposes. Based on the facts inSituation
1,ifBexercises the withdrawal power, the
trustee is obligated under Trust’s terms to
withdraw the greater of all of the income of
the IRA or the annual required minimum
distribution amount under § 408(a)(6),
and to distribute at least the income of
the IRA toB. Thus, in this case, StateX’s
version of section 409(c) or (d) of UPIA
would only operate to determine the por-
tion of the required minimum distribution
amount that is allocated to Trust income,
and (because Trust income is determined
without regard to the IRA or distributions
from the IRA) would not affect the deter-
mination of the amount distributable toB.
Accordingly, inSituation 1, the require-
ments of § 2056(b)(7)(B)(ii) are satisfied.
However, if the terms of a trust do not
require the distribution toBof at least
the income of the IRA in the event thatB
exercises the right to direct the withdrawal
from the IRA, then the requirements of
§ 2056(b)(7)(B)(ii) may not be satisfied
unless the Trust’s terms provide that State
May 30, 20069412006–22 I.R.B.

X’s version of section 409(c) of the UPIA
is not to apply.
InSituation 2, the trustee determines
the income of Trust (excluding the IRA)
and the income of the IRA under a statu-
tory unitrust regime pursuant to which
“income” is defined as a unitrust amount
of 4 percent of the fair market value
of the assets determined annually. The
determination of what constitutes Trust
income and the income of the IRA in
this manner satisfies the requirements of
§ 20.2056(b)–5(f)(1) and § 1.643(b)–1.
The Trustee distributes the income of
Trust, determined in this manner, toBan-
nually, andBhas the power to compel the
trustee annually to withdraw and distribute
toBthe income of the IRA, determined
in this manner. Accordingly, inSituation
2, becauseBhas the power to unilaterally
access all income of the IRA, and the in-
come of Trust is payable toBannually, the
IRA and Trust meet the requirements of
§ 20.2056(b)(7)(B)(ii). The result would
bethesameifStateYhad enacted both the
statutory unitrust regime and a version of
section 104(a) of the UPIA and the income
of Trust is determined under section 104(a)
of the UPIA as enacted by StateY,andthe
income of the IRA is determined under the
statutory unitrust regime (orvice versa).
Under these circumstances, Trust income
and IRA income are each determined un-
der state statutory provisions applicable
to Trust that satisfy the requirements of
§ 20.2056(b)–5(f)(1) and § 1.643(b)–1,
and thereforeBhas a qualifying income
interest for life in both the IRA and Trust.
InSituation 3,Bhas the power to com-
pel the trustee to withdraw the income
of the IRA as determined under the law
(whethercommonorstatutory)ofajuris-
diction that has not enacted section 104(a)
of UPIA. Under the terms of Trust, ifBex-
ercises this power, the trustee must with-
draw the greater of the required minimum
distribution amount or the income of the
IRA, and at least the income of the IRA
must be distributed toB. Accordingly, in
Situation 3, the IRA and Trust meet the
requirements of § 2056(b)(7)(B)(ii), and
thereforeBhas a qualifying income in-
terest for life in both the IRA and Trust,
becauseBreceives the income of Trust
(excluding the IRA) at least annually and
Bhas the power to unilaterally access all
of the IRA income determined in accor-
dance with § 20.2056(b)–5(f)(1). The re-
sult would be the same if StateZhad en-
acted section 104(a) of the UPIA, but the
trustee decided to make no adjustments
pursuant to that provision.
InSituations 1, 2,and3, the income of
the IRA and the income of Trust (exclud-
ing the IRA) are determined separately
and without taking into account that the
IRA distribution is made to Trust. In or-
der to avoid any duplication in determin-
ing the total income to be paid toB,the
portion of the IRA distribution to Trust
that is allocated to trust income is disre-
garded in determining the amount of trust
income that must be distributed toBunder
§ 2056(b)(7).
The result inSituations 1, 2,and3
would be the same if the terms of Trust di-
rected the trustee annually to withdraw all
of the income from the IRA and to distrib-
ute toBat least the income of the IRA (in-
stead of grantingBthe power, exercisable
annually, to compel the trustee to do so).
Furthermore, if, instead of Trust being the
named beneficiary of a decedent’s interest
in the IRA, Trust is the named beneficiary
of a decedent’s interest in some other qual-
ified retirement plan described in section
4974(c) that is a defined contribution plan,
the same principles would apply regarding
whetherBis considered to have a qualify-
ing income interest for life in the qualified
retirement plan.
HOLDING
If a marital trust is the named ben-
eficiary of a decedent’s IRA (or other
qualified retirement plan described in sec-
tion 4974(c) that is a defined contribution
plan), the surviving spouse, under the
circumstances described inSituations 1,
2,and3in this revenue ruling, will be
considered to have a qualifying income
interest for life in the IRA (or qualified
retirement plan) and in the trust for pur-
posesofanelectiontotreatboththeIRA
(or qualified retirement plan) and the trust
as QTIP under § 2056(b)(7). If the marital
deduction is sought, the QTIP election
must be made for both the IRA and the
trust.
Taxpayers should be aware, however,
that in situations such as those described
in this revenue ruling in which a portion
of any distribution from the IRA to Trust
may be held in Trust for future distribu-
tion rather than being distributed toBcur-
rently,Bis not the sole designated ben-
eficiary ofA’s IRA. As a result, bothB
and the remainder beneficiaries must be
taken into account as designated beneficia-
ries in order to determine the shortest life
expectancy and whether only individuals
are designated beneficiaries. See A–7(c)
of § 1.401(a)(9)–5.
PROSPECTIVE APPLICATION
Under the authority provided by § 7805,
the principles illustrated inSituations 1
and2of this revenue ruling will not be
applied adversely to taxpayers for tax-
able years beginning prior to May 30,
2006, in which the trust was administered
pursuant to a state statute described in
§§ 1.643(b)–1, 20.2056(b)–5(f)(1), and
20.2056(b)–7(d)(1) granting the trustee a
power to adjust between income and prin-
cipal or authorizing a unitrust payment in
satisfaction of the income interest of the
surviving spouse.
EFFECT ON OTHER REVENUE
RULINGS
Rev. Rul. 2000–2, 2000–1 C.B. 305, is
modified, and as modified, is superseded.
DRAFTING INFORMATION
The principal author of this revenue rul-
ing is Mary Berman of the Office of the As-
sociate Chief Counsel (Passthroughs and
Special Industries).For further informa-
tion regarding this revenue ruling, contact
Mary Berman at (202) 622–3090 (not a
toll-free call).
2006–22 I.R.B.942May 30, 2006

Part III. Administrative, Procedural, and Miscellaneous
Weighted Average Interest
Rate Update
Notice 2006–49
Sections 412(b)(5)(B) and 412(l)(7)
(C)(i) of the Internal Revenue Code gen-
erally provide that the interest rates used
to calculate current liability for purposes
of determining the full funding limitation
under § 412(c)(7) and the required con-
tribution under § 412(l) must be within
a permissible range around the weighted
average of the rates of interest on 30-year
Treasury securities during the four-year
period ending on the last day before the
beginning of the plan year.
Notice 88–73, 1988–2 C.B. 383, pro-
vides guidelines for determining the
weighted average interest rate and the
resulting permissible range of interest
rates used to calculate current liability for
the purpose of the full funding limitation
of § 412(c)(7) of the Code.
Section 417(e)(3)(A)(ii)(II) defines
the applicable interest rate, which must
be used for purposes of determining the
minimum present value of a participant’s
benefit under § 417(e)(1) and (2), as the
annual rate of interest on 30-year Treasury
securities for the month before the date
of distribution or such other time as the
Secretary may by regulations prescribe.
Section 1.417(e)–1(d)(3) of the Income
Tax Regulations provides that the applica-
ble interest rate for a month is the annual
interest rate on 30-year Treasury securi-
ties as specified by the Commissioner for
that month in revenuerulings, notices or
other guidance published in the Internal
Revenue Bulletin.
The rate of interest on 30-year Treasury
securities for April 2006 is 5.06 percent.
The Service has determined this rate as the
monthly average of the daily determina-
tion of yield on the 30-year Treasury bond
maturing in February 2036.
The following 30-year Treasury rates
were determined for the plan years begin-
ning in the month shown below.
For Plan Years
30-Year
Treasury90% to 105%90% to 110%
Beginning in:WeightedPermissiblePermissible
MonthYearAverageRangeRange
May20064.824.34 to 5.064.34 to 5.30
Drafting Information
The principal authors of this notice
are Paul Stern and Tony Montanaro of
the Employee Plans, Tax Exempt and
Government Entities Division. For fur-
ther information regarding this notice,
please contact the Employee Plans’ tax-
payer assistance telephone service at
1–877–829–5500 (a toll-free number),
between the hours of 8:30 a.m. and
4:30 p.m. Eastern time, Monday through
Friday. Mr. Stern may be reached at
1–202–283–9703. Mr. Montanaro may
be reached at 1–202–283–9714. The tele-
phone numbers in the preceding sentences
are not toll-free.
26 CFR 601.105: Examination of returns and claims
for refund, credit or abatement; determination of cor-
rect tax liability.
Rev. Proc. 2006–24
SECTION 1. PURPOSE
The purpose of this revenue procedure
is to inform the trustee (or debtor in pos-
session) representing the bankruptcy estate
of the debtor of the procedure to be fol-
lowed in obtaining a prompt determination
by the Service of anyunpaid tax liability
of the estate incurred during the adminis-
tration of the case.
SECTION 2. BACKGROUND
.01 During the administration of a
bankruptcy estate, the trustee is required
to file tax returns for the estate and pay
the tax shown thereon. Under section
505(b)(2) of Title 11 of the United States
Code (hereinafter referred to as the ‘Bank-
ruptcy Code’), the trustee may request a
determination of any unpaid liability of
the estate for any tax incurred during the
administration of the case, by submitting
a tax return for the tax and a request for
prompt determination to the Service as
prescribed by section 3 of this revenue
procedure.
.02 For cases commenced under the
Bankruptcy Code on or after October 17,
2005, the effective date of the Bank-
ruptcy Abuse Protection and Consumer
Protection Act of 2005, unless the return
is fraudulent or contains a material mis-
representation, the estate, the trustee, the
debtor, and any successor to the debtor,
will be discharged from any liability for
the tax shown on a return submitted in ac-
cordance with section 2.01 of this revenue
procedure upon:
(1) payment of the tax shown on the
return unless (a) the Service notifies the
trustee, within 60 days after the request,
that the return has been selected for exam-
ination, and (b) the Service completes the
examination and notifies the trustee of any
tax due, within 180 days (or any additional
time as permitted by the bankruptcy court)
after the request;
(2) payment of the tax as finally deter-
mined by the bankruptcy court; or
(3) payment of the tax as finally deter-
minedbytheService.
For cases commenced under the Bank-
ruptcy Code before October 17, 2005, the
same discharge rules apply, except that
section 505(b) of the Bankruptcy Code
does not discharge the bankruptcy estate
from liability.
May 30, 20069432006–22 I.R.B.

SECTION 3. REQUEST FOR
DETERMINATION
.01Torequesta
prompt determination
of any unpaid ta
x liability of the estate, the
trustee must fi
le a signed written request,
in duplicate,
with the Centralized Insol-
vency Operati
on, Post Office Box 21126,
Philadelphia
, PA 19114 (marked, “Request
for Prompt Det
ermination”). To be effec-
tive, the req
uest must be filed with an exact
copy of the re
turn (or returns) for a com-
pleted taxab
le period filed by the trustee
with the Serv
ice and must contain the fol-
lowing infor
mation:
(1) a statement indicating that it is a re-
quest for prompt determination of tax lia-
bility and specifiying the return type and
tax period for each return for which the re-
quest is being filed;
(2) the name and location of the office
where the return was filed;
(3) the name of the debtor;
(4) the debtor’s Social Security num-
ber, taxpayer identification number (TIN)
and/or entity identification number (EIN);
(5) the type of bankruptcy estate;
(6) the bankru
ptcy case number; and
(7) the court where the bankruptcy is
pending.
Once a request package is received by
the Centralized Insolvency Operation, the
request will be assigned to a Field Insol-
vency office.
.02 It is imperative that the copy of the
return(s) submitted with the request be an
exact copy of a valid return. A request will
be considered incomplete and returned to
the trustee if it is filed with a copy of a doc-
ument that does not qualify as a valid re-
turn. A document that does not qualify as a
valid return includes a return form filed by
the trustee with the jurat stricken, deleted,
or modified. A return must be signed un-
der penalties of perjury to qualify as a re-
turn.SeeRev. Rul. 2005–59, 2005–37
I.R.B. 505 (September 12, 2005).
.03 Within 60 days after the date the
request is received, the Service will notify
the trustee whether the return filed by the
trustee is being selected for examination or
is being accepted as filed.
.04 If the return is selected for exami-
nation, it will be examined on an expedited
basis. The Service will notify the trustee of
any tax due within 180 days after the date
the request is received, or within any addi-
tional time as permitted by the bankruptcy
court.
.05 If the request is incomplete, all the
documents received will be returned to
the trustee by the Field Insolvency office
assigned the request with an explanation
identifying the missing item(s) and asking
that the request be refiled once corrected.
An incomplete request includes one sub-
mitted with a copy of a return form, the
original of which does not qualify as a
valid return. Once corrected, the request
must be filed with the Service at the Field
Insolvency address specified in the cor-
respondence returning the incomplete re-
quest. In the case of an incomplete request
submitted with a copy of an invalid re-
turn document, the trustee must file a valid
original return with the appropriate Inter-
nal Revenue Service office and submit a
copy of that return with the corrected re-
quest when the request is refiled.
.06 The 60-day period for notifying
the trustee whether the return filed by the
trustee is being selected for examination
or is being accepted as filed does not begin
to run until a complete request package is
received by the Service.
.07 If an incomplete request is received
by the Service, the 60-day period for no-
tifying the trustee whether the return filed
by the trustee is being selected for exam-
ination or is being accepted as filed does
not begin to run until a complete request
is received by the Field Insolvency office
specified by the Service in its correspon-
dence returning the incomplete request.
SECTION 4. EFFECT ON OTHER
DOCUMENTS
Rev. Proc. 81–17, 1981–1 C.B. 688, is
obsoleted.
SECTION 5. EFFECTIVE DATE
This revenue procedure is applicable
to all cases commenced under the Bank-
ruptcy Code where the bankruptcy estate
is required to file a tax return, with the
exception of chapter 9 municipal debt ad-
justment cases and chapter 15 ancillary
and cross-border cases. For the proce-
dure governing the prompt audit of bank-
ruptcy estates in bankruptcy proceedings
commenced under the Bankruptcy Act, see
Rev. Proc. 76–23, 1976–1 C.B. 562.
SECTION 6. DRAFTING
INFORMATION
The principal author of this revenue
procedure is Donza M. Poole of the Office
of Associate Chief Counsel (Procedure &
Administration). For further information
regarding this revenue procedure, contact
Donza M. Poole at (202) 622–3620 (not a
toll-free call).
2006–22 I.R.B.944May 30, 2006

26 CFR 601.202: Closing agreements.
Rev. Proc. 2006–27
TABLE OF CONTENTS
PART I. INTRODUCTION TO EMPLOYEE PLANS COMPLIANCE RESOLUTION SYSTEM
SECTION 1. PURPOSE AND OVERVIEW
.01Purpose........................................................................................... 948
.02General principles underlying EPCRS................................................................ 948
.03Overview.
.........................................................................................
948
SECTION 2. EFFECT OF THIS REVENUE PROCEDURE ON PROGRAMS
.01Effect on programs................................................................................. 949
.02Future enhancements............................................................................... 949
PART II.
PROGRAM EFFECT AND ELIGIBILITY
SECTION 3. EFFECT OF EPCRS; RELIANCE
.01Effect
of EPCRS on Retirement Plans.................................................................
950
.02Compliance Statement.............................................................................. 950
.03Other taxes and penalties........................................................................... 950
.04Reliance.......................................................................................... 950
SECTION 4. PROGRAM ELIGIBILITY
.01EPC
RS Programs..................................................................................
950
.02Effect of examination............................................................................... 950
.03Favorable Letter requirement........................................................................ 950
.04Established practices and procedures................................................................. 950
.05Correction by plan amendment. ..................................................................... 951
.06Submission for a determination letter................................................................. 951
.
07
A
vailability of correction of Employer Eligibility Failure................................................
9
51
.08Availability of correction of a terminated plan......................................................... 951
.09Availability of correction of an Orphan Plan. ......................................................... 951
.10Availability of correction of § 457 plans............................................................... 951
.11Egregious failures.................................................................................. 951
.12Diversion or misuse of plan assets.................................................................... 952
.13Abusive tax avoidance transactions................................................................... 952
PART III. DEFINITIONS, CORRECTION PRINCIPLES, AND RULES OF GENERAL APPLICABILITY
SECTION 5. DEFINITIONS
.01Definitions for Qualified Plans....................................................................... 952
.02Definitions for 403(b) Plans......................................................................... 953
.03Under Examination. ............................................................................... 954
.04SEP.............................................................................................. 955
.05SIMPLE IRA Plan.................................................................................. 955
.06Definitions for Orphan Plans........................................................................ 955
SECTION 6. CORRECTION PRINCIPLES AND RULES OF GENERAL APPLICABILITY
.01Correction principles; rules of general applicability.................................................... 955
.02Correction principles............................................................................... 955
.03Correction of an Employer Eligibility Failure.......................................................... 957
May 30, 20069452006–22 I.R.B.

.04Correction of a failure to obtain spousal consent....................................................... 957
.05Correction by p
lan amendment. .....................................................................
957
.06Special rules relating to Excess Amounts.............................................................. 957
.07Rules relating to reporting plan loan failures.......................................................... 958
.08Correction under statute or regulations............................................................... 958
.09Matters subject to excise taxes....................................................................... 958
.10Correction for SEPs and SIMPLE IRA Plans.......................................................... 959
.11Confidenti
ality and disclosure.......................................................................
959
.12No effect on other law. ............................................................................. 959
PART IV. SELF-CORRECTION (SCP)
SECTION7. INGENERAL
SECTION 8. SELF-CORRECTION OF INSIGNIFICANT OPERATIONAL FAILURES
.01Requirements...................................................................................... 960
.02Factors. .......................................................................................... 960
.03Multiple failures................................................................................... 960
.04Examples. ........................................................................................ 960
SECTION 9. SELF-CORRECTION OF SIGNIFICANT OPERATIONAL FAILURES
.01Requirements...................................................................................... 960
.02Correction period.................................................................................. 960
.03Correction by plan amendment. ..................................................................... 961
.04Substantial completion of correction.................................................................. 961
.05Exa
mples. ........................................................................................
961
PART V. VOLUNTARY CORRECTION WITH SERVICE APPROVAL (VCP)
SECTION 10. VCP PROCEDURES
.01VCP requirements.................................................................................. 961
.
02
I
dentification of failures.............................................................................
9
61
.03Effect of VCP submission on examination............................................................. 961
.04No concurrent examination activity................................................................... 961
.05Determination letter application for plan amendments related to a VCP submission........................ 962
.06Determination letter applications not related to a VCP submission....................................... 962
.07Processing of submission............................................................................ 962
.08Compliance statement.............................................................................. 963
.09Effect of compliance statement on examination. ....................................................... 963
.10Special rules relating to Anonymous (John Doe) Submissions............................................ 963
.11Special rules relating to Group Submissions
........................................................... 964
.12Multiemployer and multiple employer plans........................................................... 964
SECTION 11. APPLICATION PROCEDURES FOR VCP
.01General rules...................................................................................... 965
.02Submission requirements............................................................................ 965
.03Required documents................................................................................ 965
.04Date fee due generally.............................................................................. 966
.05Additional fee due for SEPs, SIMPLE IRA Plans and Group Submissions................................. 966
.06Signed submission.................................................................................. 966
.07Power of attorney requirements...................................................................... 966
.08Penalty of perjury statement......................................................................... 966
.09Checklist.......................................................................................... 966
.10Designation....................................................................................... 966
.11Acknowledgement letter............................................................................. 966
.12VCP mailing address............................................................................... 966
2006–22 I.R.B.946May 30, 2006

.13Maintenance of copies of submissions. ............................................................... 966
.14Assembling the
submission..........................................................................
966
SECTION 12. VCP FEES
.01VCP fees.......................................................................................... 967
.02VCP fees for Qualified Plans and 403(b) Plans........................................................ 967
.03VCP fee for nonamenders........................................................................... 968
.04VCP fee for G
roup Submission.......................................................................
968
.05VCP fee for SEPs and SIMPLE IRA Plans............................................................. 968
.06VCP fee for egregious failures....................................................................... 968
.07Establishing the number of plan participants.......................................................... 968
PART VI. CORRECTION ON AUDIT (AUDIT CAP)
SECTION 13. DESCRIPTION OF AUDIT CAP
.01Audit CAP requirements. ........................................................................... 968
.02Payment of sanction................................................................................ 968
.03Additional requirements............................................................................. 968
.04Failure to reach resolution. ......................................................................... 968
.05Effec
t of closing agreement..........................................................................
968
.06Other procedural rules.............................................................................. 969
SECTION 14. AUDIT CAP SANCTION
.01Determination of sanction........................................................................... 969
.02Factors considered................................................................................. 969
.03Tra
nsferred Assets..................................................................................
969
.04Fee for nonamenders discovered during the determination letter application process not related to a VCP
submission........................................................................................ 969
P
ART VII. EFFECT ON OTHER DOCUMENTS; EFFECTIVE DATE; PAPERWORK REDUCTION ACT
SECTION 15. EFFECT ON OTHER DOCUMENTS
.01Rev. Proc. 2003–44 modified and superseded.......................................................... 970
SECTION16.EFFECTIVEDATE. ............................................................................. 970
SECTION17.PAPERWORKREDUCTIONACT................................................................. 970
DRAFTING INFORMATION
APPENDIX A: OPERATIONAL FAILURES AND CORRECTION METHODS
.01General rule....................................................................................... 970
.02Failure to properly provide the minimum top-heavy benefit under § 416 to non-key employees............... 970
.03Failure to satisfy the ADP test set forth in § 401(k)(3), the ACP test set forth in § 401(m)(2), or, for plan years
beginning on or before December 31, 2001,the multiple use test of § 401(m)(9). .......................... 970
.04Failure to distribute elective deferrals in excess of the § 402(g) limit (in contravention of § 401(a)(30))....... 971
.05Exclusion of an eligible employee from all contributions or accruals under the plan for one or more plan
years............................................................................................. 971
.06
Failure to timely pay the minimum distribution required under § 401(a)(9)................................ 972
.07Failure to obtain participant or spousal consent for a distribution subject to the participant and spousal
consent rules under §§ 401(a)(11), 411(a)(11), and 417. ............................................... 972
.08Failure to satisfy the § 415 limits in a defined contribution plan.......................................... 972
May 30, 20069472006–22 I.R.B.

APPENDIX B: CORRECTION METHODS AND EXAMPLES; EARNINGS ADJUSTMENT METHODS AND EXAMPLES
SECTION 1. PURPOSE, ASSUMPTIONS FOR EXAMPLES AND SECTION REFERENCES
.01Purpose........................................................................................... 972
.02Assumptions for Examples. ......................................................................... 973
.03Section References. ................................................................................ 973
SECTION 2. C
ORRECTION METHODS AND EXAMPLES
.01ADP/ACP Failures................................................................................. 973
.02Exclusion of Otherwise Eligible Employees............................................................ 974
.03Vesting Failures.................................................................................... 980
.04§ 415 Failures..................................................................................... 980
.05Correction of Other Overpayment Failures............................................................ 982
.06§ 401(a)(
17) Failures...............................................................................
982
.07Correction by Amendment........................................................................... 983
SECTION 3. EARNINGS ADJUSTMENT METHODS AND EXAMPLES
.01Earnings Adjustment Methods....................................................................... 984
.02Examples. ........................................................................................ 985
APPENDIXC:VCPCHECKLIST............................................................................... 989
APPENDIXD:SAMPLEFORMATSFORVCPSUBMISSIONS .................................................. 992
APPENDIX E: ACKNOWLEDGEMENT LETTER............................................................... 998
APPENDIXF:VCPSAMPLESUBMISSIONFORINTERIMNONAMENDERS ................................... 999
PART I. INTRODUCTION TO
EMPLOYEE PLANS COMPLIANCE
RESOLUTION SYSTEM
SECTION 1. PURPOSE AND
OVERVIEW
.01Purpose. This revenue procedure
updates the comprehensive system of
correction programs for sponsors of retire-
ment plans that are intended to satisfy the
requirements of § 401(a), 403(a), 403(b),
408(k), or 408(p) of the Internal Revenue
Code (the “Code”), but that have not met
these requirements for a period of time.
This system, the Employee Plans Com-
pliance Resolution System (“EPCRS”),
permits plan sponsors to correct these
failures and thereby continue to provide
their employees with retirement benefits
on a tax-favored basis. The components
of EPCRS are the Self-Correction Pro-
gram (“SCP”), the Voluntary Correction
Program (“VCP”), and the Audit Closing
Agreement Program (“Audit CAP”).
.02General principles underlying
EPCRS. EPCRS is based on the following
general principles:
•Sponsors and other administrators of
eligible plans should be encouraged to
establish administrative practices and
procedures that ensure that these plans
are operated properly in accordance
with the applicable requirements of
the Code.
•Sponsors and other administrators of
eligible plans should satisfy the appli-
cable plan document requirements of
the Code.
•Sponsors and other administrators
should make voluntary and timely cor-
rection of any plan failures, whether
involving discrimination in favor of
highly compensated employees, plan
operations, the terms of the plan doc-
ument, or adoption of a plan by an
ineligible employer. Timely and effi-
cient correction protects participating
employees by providing them with
their expected retirement benefits, in-
cluding favorable tax treatment.
•Voluntary compliance is promoted by
providing for limited fees for volun-
tary corrections approved by the Ser-
vice, thereby reducing employers’ un-
certainty regarding their potential tax
liability and participants’ potential tax
liability.
•Fees and sanctions should be grad-
uated in a series of steps so that
there is always an incentive to cor-
rect promptly.
•Sanctions for plan failures identified
on audit should be reasonable in light
of the nature, extent, and severity of the
violation.
•Administration of EPCRS should be
consistent and uniform.
•Sponsors should be able to rely on the
availability of EPCRS in taking correc-
tive actions to maintain the tax-favored
status of their plans.
.03Overview. EPCRS includes the fol-
lowing basic elements:
•Self-correction (SCP). A Plan Sponsor
that has established compliance prac-
tices and procedures may, at any time
without paying any fee or sanction,
correct insignificant Operational Fail-
ures under a Qualified Plan or a 403(b)
Plan, or a SEP or a SIMPLE IRA Plan,
provided the SEP or SIMPLE IRA
Plan is established and maintained on
a document approved by the Service.
2006–22 I.R.B.948May 30, 2006

In addition, in the case of a Qualified
Plan that is the subject of a favorable
determination letter from the Service
or in the case of a 403(b) Plan, the Plan
Sponsor generally may correct even
significant Operational Failures with-
out payment of any fee or sanction.
•Voluntary correction with Service ap-
proval (VCP). A Plan Sponsor, at any
time before audit, may pay a limited
fee and receive the Service’s approval
for correction of a Qualified Plan,
403(b) Plan, SEP or SIMPLE IRA
Plan. Under VCP, there are special
procedures for anonymous submis-
sions and group submissions.
•Correction on audit (Audit CAP).Ifa
failure (other than a failure corrected
through SCP or VCP) is identified on
audit, the Plan Sponsor may correct
the failure and pay a sanction. The
sanction imposed will bear a reason-
able relationship to the nature, extent,
and severity of the failure, taking into
account the extent to which correction
occurred before audit.
SECTION 2. EFFECT OF THIS
REVENUE PROCEDURE ON
PROGRAMS
.01Effect on programs. This revenue
procedure modifies and supersedes Rev.
Proc. 2003–44, 2003–1 C.B. 1051, which
was the prior consolidated statement of the
correction programs under EPCRS. The
modifications to Rev. Proc. 2003–44 that
are reflected in this revenue procedure in-
clude:
•providing that if the Plan Sponsor cor-
rects the failures in accordance with
the requirements of this revenue pro-
cedure, the plan will be treated as sat-
isfying § 401(a), § 403(b), § 408(k),
or § 408(p), as applicable, for purposes
of applying § 3121(a)(5) (FICA taxes)
and § 3306(b)(5) (FUTA taxes) (sec-
tion 3.01)
•revising the requirements for submit-
ting a determination letter application
when correcting certain Qualification
Failures by plan amendment (sections
4.06, 10.08, and 11.03(3))
•clarifying that an egregious failure in-
cludes providing more favorable ben-
efitstoanownerbasedonapurported
collective bargaining agreement where
there has in fact been no good faith bar-
gaining (section 4.11)
•providingrulesrelatingtotheavail-
ability of programs under EPCRS in
cases where the plan or plan sponsor
is a party to an abusive tax avoid-
ance transaction (sections 4.13 and
11.02(11))
•updating the definition of Favorable
Letter (section 5.01(4))
•revising provisions affecting 403(b)
plans by revising the definition of Ex-
cess Amounts (section 5.02(3))
•updating the definition of Under Ex-
amination (section 5.03)
•expanding VC and Audit CAP to
terminating Orphan Plans and, with
respect to those plans, providing for
a possible exception to the require-
ment for full correction and a waiver
of the VCP fee in appropriate circum-
stances (sections 5.06, 6.02(5)(f), and
12.02(3))
•adding a correction method for certain
plan loan failures (sections 6.02(6)
and 6.07), including adding a correc-
tion method for a plan that permits
plan loans operationally but does not
have the appropriate plan loan lan-
guage (Appendix B 2.07(2))
•revising the correction method for a
failure to include an eligible employee
in a cash or deferred arrangement un-
der § 401(k) (section 6.02(7), Appen-
dix A .05, and Appendix B 2.02)
•adding an alternative correction
method for a failure to obtain spousal
consent (section 6.04(2)(c))
•revising provisions affecting 403(b)
plans by eliminating the term Total
Sanction Amount and replacing it
with the term “Maximum Payment
Amount” and eliminating correction
by retention of Excess Amounts (sec-
tions 5.02(4) and 6.06(2))
•providing that as part of both VCP
and Audit CAP, if the failure involves
the failure to satisfy the minimum
required distribution requirements of
§ 401(a)(9), the Service will waive the
excise tax requirements of § 4974 in
appropriate cases (section 6.09(2))
•expanding excise taxes that the Service
may not pursue (section 6.09(3) and
(4))
•clarifying the scope of a compliance
statement issued with respect to certain
nonamender failures
•clarifying submission procedures for
Anonymous Submissions (section
10.10), and Group Submissions (sec-
tion 10.11)
•revising the acknowledgement proce-
dures of receipt of a submission (sec-
tion 11.11 and new Appendix E — Ac-
knowledgement Letter)
•providing a submission assembly pro-
cedure (section 11.14)
•reducing the compliance fee for a plan
where the sole failure is the failure to
satisfy the minimum distribution rules
for 50 or fewer employees (section
12.02(2))
•reducing the compliance fee for a plan
where the sole failure is the failure to
timely adopt certain plan amendments
(section 12.03)
•reducing the general compliance fee
for SEPs and SIMPLE IRAs (section
12.05)
•adding a fee schedule for plans in the
determination letter process found to
be nonamenders of tax law changes
(section 14.04)
•providing that if a nonamender fail-
ureisdiscoveredduringanEmployee
Plans Examination, then it is expected
that the applicable sanction will be
greater than the applicable fee under
section 14.04 (section 14.02)
•providing a streamlined submission
procedure for certain nonamender fail-
ures (Appendix F)
.02Future enhancements.(1)Itisex-
pected that the EPCRS revenue procedure
will continue to be updated from time to
time, including, as noted above, further
improvements to EPCRS based on com-
ments previously received. In addition,
the Service and Treasury continue to in-
vite further comments on how to improve
EPCRS. Comments should be sent to:
Internal Revenue Service
Attention: SE:T:EP:RA:VC
1111 Constitution Avenue, NW
Washington, D.C. 20224
(2) Comments are requested for certain
specific issues under EPCRS. First, com-
ments are requested regarding methods
to correct a failure to provide an eligi-
ble employee the opportunity to make a
catch-up contribution that is permitted
under the terms of the plan and § 414(v).
(See 6.02(7) and Appendix B 2.02.) Sec-
May 30, 20069492006–22 I.R.B.

ond, given that § 402A permits a § 401(a)
or 403(b) plan to offer employees the op-
portunity to designate elective deferrals as
Roth contributions for taxable years begin-
ning after December 31, 2005, comments
are requested regarding methods to correct
a failure to provide an eligible employee
with the opportunity to make elective de-
ferrals for a plan that permits an eligible
employee to designate elective deferrals
as Roth contributions. Third, the correc-
tion mechanism in current §1.415–6(b)(6)
of the Income Tax Regulations is not
included in the regulations that were pro-
posed under § 415 (70 FR 31214) and
published on May 31, 2005. The preamble
to the proposed regulations provides that
the correction mechanism (for excess an-
nual additions) will be included in EPCRS
in the future. It is expected that correction
mechanism will in any event continue to
be available under EPCRS, including un-
der SCP where correction of a significant
operational failure is permitted. Accord-
ingly, comments are requested regarding
the applicable correction methods for this
failure. Comments are also requested
on whether the correction mechanisms
provided for in current §1.415–6(b)(6),
including the maintenance of suspense
accounts, should be retained as options
under EPCRS, or whether correction of
excess annual additions should be treated
as excess amounts under this revenue
procedure (i.e., distributed or forfeited,
as appropriate). Fourth, comments are
requested regarding whether additional
correction methodsare needed in order
for plans to take advantage of the fidu-
ciary safe harbor recently issued by the
Department of Labor for Orphan Plans
(71 FR 20820) where the plan is subject
to the requirements of §§ 401(a)(11) and
417 in light of the ability to satisfy those
requirements by purchase of a commercial
annuity contract.
PART II. PROGRAM EFFECT AND
ELIGIBILITY
SECTION 3. EFFECT OF EPCRS;
RELIANCE
.01Effect of EPCRS on retirement
plans. For a Qualified Plan, a 403(b)
Plan, a SEP, or a SIMPLE IRA Plan, if
the eligibility requirements of section 4
are satisfied and the Plan Sponsor cor-
rects a failure in accordance with the
applicable requirements of SCP in section
7, VCP in sections 10 and 11, or Audit
CAP in section 13, the Service will not
treat the retirement plan as failing to meet
§ 401(a), § 403(b), § 408(k), or § 408(p),
as applicable. Thus, for example, if the
Plan Sponsor corrects the failures in ac-
cordance with the requirements of this
revenue procedure, the plan will be treated
as satisfying § 401(a), § 403(b), § 408(k),
or § 408(p), as applicable, for purposes of
applying § 3121(a)(5) (FICA taxes) and
§ 3306(b)(5) (FUTA taxes).
.02Compliance statement.IfaPlan
Sponsor or Eligible Organization receives
a compliance statement under VCP, the
compliance statement is binding upon the
Service and the Plan Sponsor or Eligible
Organization as provided in section 10.09.
.03Other taxes and penalties. See sec-
tion 6.09 for rules relating to other taxes
and penalties.
.04Reliance. Taxpayers may rely on
this revenue procedure, including the relief
describedinsection3.01.
SECTION 4. PROGRAM ELIGIBILITY
.01EPCRS Programs.(1)SCP.SCP
is available only for Operational Failures.
Qualified Plans and 403(b) Plans are eligi-
ble for SCP with respect to significant and
insignificant Operational Failures. SEPs
and SIMPLE IRA Plans are eligible for
SCP with respect to insignificant Opera-
tional Failures only.
(2)VCP. Qualified Plans, 403(b) Plans,
SEPs and SIMPLE IRAPlans are eligible
for VCP. VCP provides general proce-
dures for correction of all Qualification
Failures: Operational, Plan Document,
Demographic, and Employer Eligibility.
(3)Audit CAP. Audit CAP is available
for Qualified Plans, 403(b) Plans, SEPs
and SIMPLE IRA Plans for correction of
all failures found on examination that have
not been corrected inaccordance with SCP
or VCP.
(4)Eligibility for other arrangements.
The Service may extend EPCRS to other
arrangements.
.02Effect of examination. If the plan or
Plan Sponsor is Under Examination, VCP
is not available and SCP is only available
as follows: while the plan or Plan Sponsor
is Under Examination, insignificant Op-
erational Failures can be corrected under
SCP; and, if correction has been completed
or substantially completed before the plan
or Plan Sponsor is Under Examination,
correction of significant Operational Fail-
ures can be completed under SCP.
.03Favorable Letter requirement.The
provisions of SCP relating to significant
Operational Failures (see section 9) are
available for a Qualified Plan only if the
plan is the subject of a Favorable Letter.
The provisions of SCP relating to insignif-
icant Operational Failures (see section 8)
are available for a SEP but only if the
plan document consists of either (i) a valid
Model Form 5305–SEP or 5305A–SEP
adopted by an employer in accordance
with the instructions on the applicable
form (see Rev. Proc. 2002–10, 2002–1
C.B. 401), or (ii) a prototype SEP that has
a current favorable opinion letter which
has been amended in accordance with
the procedures set forth in Rev. Proc.
2002–10. The provisions of SCP relating
to insignificant Operational Failures (see
section 8) are available for a SIMPLE
IRA Plan but only if the plan document
consists of either (i) a valid Model Form
5305–SIMPLE or 5304–SIMPLE adopted
by an employer in accordance with the in-
structions on the applicable form (see Rev.
Proc. 2002–10), or (ii) a current favorable
opinion letter for a Plan Sponsor that has
adopted a prototype SIMPLE IRA Plan
which has been amended in accordance
with the procedures set forth in Rev. Proc.
2002–10.
.04Established practices and proce-
dures. In order to be eligible for SCP, the
Plan Sponsor or administrator of a plan
must have established practices and pro-
cedures (formal or informal) reasonably
designed to promoteand facilitate over-
all compliance with applicable Code re-
quirements. For example, the plan ad-
ministratorofaQualifiedPlanthatmay
be top-heavy under § 416 may include in
its plan operating manual a specific an-
nual step to determine whether the plan
is top-heavy and, if so, to ensure that the
minimum contribution requirements of the
top-heavy rules are satisfied. A plan docu-
ment alone does not constitute evidence of
established procedures. In order for a Plan
Sponsor or administrator to use SCP, these
established procedures must have been in
place and routinely followed, and an Oper-
ational Failure must have occurred through
an oversight or mistake in applying them.
2006–22 I.R.B.950May 30, 2006

In addition, SCP may also be used in sit-
uations where the operational failure oc-
curred because the procedures that were
in place, while reasonable, were not suffi-
cient to prevent the occurrence of the fail-
ure. In the case of a failure that relates to
Transferred Assets or to a plan assumed in
connection with a corporate merger, acqui-
sition, or other similar employer transac-
tion between the Plan Sponsor and spon-
sor of the transferor plan or the prior plan
sponsor of an assumed plan, the plan is
considered to have established practices
and procedures for the Transferred Assets
if such practices and procedures are in
effect for the Transferred Assets by the
end of the first plan year that begins after
the corporate merger, acquisition, or other
similar transaction.
.05Correction by plan amendment.(1)
Availability of correction by plan amend-
ment in VCP and Audit CAP. A Plan Spon-
sor may use VCP and Audit CAP for a
Qualified Plan to correct Plan Document,
Demographic, and Operational Failures by
a plan amendment, including correcting an
Operational Failureby plan amendment to
conform the terms of the plan to the plan’s
prior operations, provided that the amend-
ment complies with the requirements of
§ 401(a), including the requirements of
§§ 401(a)(4), 410(b), and 411(d)(6). In
addition, a Plan Sponsor may correct an
Operational Failureby plan amendment
to amend the plan to the extent neces-
sary to reflect the corrective action. For
example, if the plan failed to satisfy the
average deferral percentage (“ADP”) test
required under § 401(k)(3) and the Plan
Sponsor must make qualified nonelective
contributions not already provided for un-
der the plan, the plan may be amended
to provide for qualified nonelective con-
tributions. Except as provided in section
4.06, the issuance of a compliance state-
ment does not constitute a determination as
to the effect of any plan amendment on the
qualification of the plan.
(2)Availability of correction by plan
amendment in SCP. A Plan Sponsor may
use SCP for a Qualified Plan to correct an
Operational Failure by a plan amendment
in order to conform the terms of the plan
to the plan’s prior operations only to cor-
rect Operational Failures listed in section
2.07 of Appendix B. These failures must
be corrected in accordance with the cor-
rection methods set forth in section 2.07 of
Appendix B. SCP is not otherwise avail-
able for a Plan Sponsor to correct an Oper-
ational Failure by a plan amendment. Any
plan amendment must comply with the re-
quirements of § 401(a), including the re-
quirements of §§ 401(a)(4), 410(b), and
411(d)(6).
.06Submission for a determination
letter. (1) Under VCP and Audit CAP,
a determination letter will be issued to
correct a nonamender failure. In addition,
a determination letter may be issued (a)
to correct a failure in a plan that is either
submitted under VCP or that is being ex-
amined during the last 12 months of the
plan’s remedial amendment cycle, as de-
fined in section 13 of Rev. Proc. 2005–66,
2005–37 I.R.B. 509 (an “on-cycle” filing),
or (b) to correct a failure in either a VCP
filing submitted for a terminating plan or
a terminating plan under examination. For
this purpose, the term “nonamender fail-
ure” means a failure to amend the plan to
reflect a change in a qualification require-
ment within the plan’s applicable remedial
amendment period, as set forth in Rev.
Proc. 2005–66. A change in a qualifica-
tion requirement includes a change arising
from a statutory change, or a change in
the requirements provided in regulations
or other guidance published in the Internal
Revenue Bulletin. A determination letter
issued under VCP with respect to a nona-
mender failure will include only a determi-
nation on all applicable laws with respect
to which the remedial amendment period
has expired. Notwithstanding the above, a
determination letter will not be issued with
respect to a failure to amend a plan timely
for (a) good faith plan amendments for the
Economic Growth and Tax Relief Rec-
onciliation Act of 2001, Pub. L. 107–16
(EGTRRA), within the period described in
Notice 2001–42, 2001–2 C.B. 70, includ-
ing those changes listed in Notice 2005–5,
2005–3 I.R.B. 337, (b) plan amendments
for the final and temporary regulations
under §401(a)(9) as they appeared in the
April 1, 2003, edition of 26 CFR Part
1 (the § 401(a)(9) final and temporary
regulations) within the period described
in Rev. Proc. 2002–29, 2002–1 C.B.
1176, as modified by Rev. Proc. 2003–10,
2003–1 C.B. 259, and (c) interim amend-
ments as provided in section 5 of Rev.
Proc. 2005–66. The preceding sentence is
not applicable if (i) the failure is submitted
in a VCP filing made during an on-cycle
year, (ii) the plan is being examined dur-
ing an on-cycle year, (iii) the failure is
submitted in a VCP filing for a terminat-
ing plan, or (iv) the plan is a terminating
plan Under Examination. Except as pro-
vided in section 10.08, in cases where
a determination letter is not issued with
respect to failures corrected through plan
amendment, the issuance of a compliance
statement or closing agreement will con-
stitute a determination as to the effect of
any plan amendment on the qualification
of the plan. Notwithstanding any other
provision of this section 4.06, the Service
reserves the right to require the submis-
sion of a determination letter application
with respect to any amendment proposed
or adopted to correct any Qualification
Failure under VCP or Audit CAP.
(2) In the case of any correction of an
Operational Failure through plan amend-
ment under SCP, as permitted under sec-
tion 4.05(2), a Plan Sponsor must submit
a determination letterapplication. The de-
termination letter application must be sub-
mitted before the end of the plan’s applica-
ble remedial amendment period described
in Rev. Proc. 2005–66. As part of the de-
termination letter submission, the amend-
ment under SCP must be identified as such
in the cover letter.
.07Availability of correction of Em-
ployer Eligibility Failure. SCP is not avail-
able for a Plan Sponsor to correct an Em-
ployer Eligibility Failure.
.08Availability of correction of a ter-
minated plan. Correction of Qualification
Failures in a terminated plan may be made
under VCP and Audit CAP, whether or not
the plan trust is still in existence.
.09Availability of correction of an Or-
phan Plan. An Orphan Plan that is termi-
nating may be corrected under VCP and
Audit CAP, provided that the party acting
on behalf of the plan is an Eligible Party,
as defined in section 5.06(2).
.10Availability of correction of § 457
plans. Submissions relating to § 457(b) el-
igible governmental plans will be accepted
by the Service on a provisional basis out-
side of EPCRS through standards that are
similar to EPCRS.
.11Egregious failures. SCP is not avail-
able to correct Operational Failures that
are egregious. For example, any of the
following would be considered egregious:
(a) a plan has consistently and improp-
erly covered only highly compensated em-
May 30, 20069512006–22 I.R.B.

ployees; (b) a plan provides more favor-
able benefits for an owner of the employer
based on a purported collective bargain-
ing agreement where there has in fact been
no good faith bargaining betweenbona
fideemployee representatives and the em-
ployer (see Notice 2003–24, 2003–1 C.B.
853, with respect to welfare benefit funds);
or (c) a contribution to a defined contri-
bution plan for a highly compensated em-
ployee is several times greater than the dol-
lar limit set forth in § 415. VCP is avail-
able to correct egregious failures; how-
ever, these failures are subject to the fees
described in section 12.06. Audit CAP
also is available to correct egregious fail-
ures.
.12Diversion or misuse of plan assets.
SCP, VCP, and Audit CAP are not avail-
able to correct failures relating to the di-
version or misuse of plan assets.
.13Abusive tax avoidance transactions.
(1)Effect on Programs.(a)SCP. With re-
spect to SCP, in the event that the plan or
the Plan Sponsor has been a party to an
abusive tax avoidance transaction (as de-
finedinsection4.13(2)), SCP is not avail-
able to correct any Operational Failure that
is directly or indirectly related to the abu-
sive tax avoidance transaction.
(b)VCP. With respect to VCP, if the
Service determines that a plan or Plan
Sponsor was, or may have been, a party to
an abusive tax avoidance transaction (as
defined in section 4.13(2)), then the matter
will be referred to the Internal Revenue
Service’s Employee Plans’ Tax Shelter
Coordinator. Upon receiving a response
from the Tax Shelter Coordinator, the Ser-
vice may determine that the plan or the
Plan Sponsor has been a party to an abu-
sive tax avoidance transaction, and that
thefailuresaddressedintheVCPsub-
mission are related to that transaction. In
those situations, the Service will conclude
the review of the submission without is-
suing a compliance statement and will
refer the case for examination. However,
if the Tax Shelter Coordinator determines
that the plan failures are unrelated to the
abusive tax avoidance transaction or that
no abusive tax avoidance transaction oc-
curred, then the Service will continue to
address the failures identified in the VCP
submission, and may issue a compliance
statement with respect to those failures.
In no event may a compliance statement
be relied on for the purpose of concluding
that the plan or Plan Sponsor was not a
party to an abusive tax avoidance transac-
tion. In addition, even if it is concluded
that the failures can be addressed pursuant
to a VCP submission, the Service reserves
the right to make a referral of the abusive
tax avoidance transaction matter for ex-
amination.
(c)Audit CAP and SCP (for plans
Under Examination). For plans Under Ex-
amination, if the Service determines that
the plan or Plan Sponsor was, or may have
been,apartytoanabusivetaxavoidance
transaction, the matter may be referred to
the Internal Revenue Service’s Employee
Plans’ Tax Shelter Coordinator. With
respect to plans Under Examination, an
abusive tax avoidance transaction includes
a transaction described in section 4.13(2)
and any other transaction that the Service
determines was designed to facilitate the
impermissible avoidance of tax. Upon
receiving a response from the Tax Shelter
Coordinator, (i) if the Service determines
that a failure is related to the abusive
tax avoidance transaction, the Service re-
serves the right to conclude that neither
Audit CAP nor SCP is available for that
failure and (ii) if the Service determines
that satisfactory corrective actions have
not been taken with regard to the trans-
action, the Service reserves the right to
conclude that neither Audit CAP nor SCP
is available to the plan.
(2)Definition. For purposes of sec-
tion 4.13(1) (except to the extent otherwise
provided in section 4.13(1)(c)), an abu-
sive tax avoidance transaction means any
listed transaction under § 1.6011–4(b)(2)
and any other transaction identified as an
abusive transaction in the IRS website en-
titled “EP Abusive Tax Transactions.”
PART III. DEFINITIONS,
CORRECTION PRINCIPLES,
AND RULES OF GENERAL
APPLICABILITY
SECTION 5. DEFINITIONS
The following definitions apply for pur-
poses of this revenue procedure:
.01Definitions for Qualified Plans.The
definitions in this section 5.01 apply to
Qualified Plans.
(1)Qualified Plan. The term “Qualified
Plan” means a plan intended to satisfy the
requirements of § 401(a) or § 403(a).
(2)Qualification Failure.Theterm
“Qualification Failure” means any failure
that adversely affects the qualification of a
plan. There are four types of Qualification
Failures: (a) Plan Document Failures; (b)
Operational Failures; (c) Demographic
Failures; and (d) Employer Eligibility
Failures.
(a)Plan Document Failure.Theterm
“Plan Document Failure” means a plan
provision (or the absence of a plan pro-
vision) that, on its face, violates the re-
quirements of § 401(a) or § 403(a). Thus,
for example, the failure of a plan to be
amended to reflect a new qualification re-
quirement within the plan’s applicable re-
medial amendment period under § 401(b)
is a Plan Document Failure. In addition,
if a plan has not been timely or prop-
erly amended during an applicable reme-
dial amendment period for adopting good
faith or interim amendments with respect
to disqualifying provisions, as described
in §1.401(b)–1(b)(1), the plan is consid-
ered to have a Plan Document Failure. For
purposes of this revenue procedure, a Plan
Document Failure includes any Qualifica-
tion Failure that is a violation of the re-
quirements of § 401(a) or § 403(a) and
that is not an Operational Failure, Demo-
graphic Failure, or Employer Eligibility
Failure.
(b)Operational Failure. The term “Op-
erational Failure” means a Qualification
Failure (other than an Employer Eligibility
Failure) that arises solely from the failure
to follow plan provisions. A failure to fol-
low the terms of the plan providing for the
satisfaction of the requirements of § 401(k)
and § 401(m) is considered to be an Op-
erational Failure. A plan does not have
an Operational Failure to the extent the
plan is permitted to be amended retroac-
tively to reflect the plan’s operations (e.g.,
pursuant to § 401(b)). In the situation
where a Plan Sponsor timely adopted a
good faith or interim amendment which is
not a disqualifying provision as described
in § 1.401(b)–1(b)(1), and the plan was not
operated in accordance with the terms of
such amendment, the plan is considered to
have an Operational Failure.
(c)Demographic Failure.Theterm
“Demographic Failure” means a failure
to satisfy the requirements of § 401(a)(4),
401(a)(26), or 410(b) that is not an Oper-
ational Failure or an Employer Eligibility
Failure. The correction of a Demographic
2006–22 I.R.B.952May 30, 2006

Failure generally requires a corrective
amendment to the plan adding more ben-
efits or increasing existing benefits (cf.
§ 1.401(a)(4)–11(g)).
(d)Employer Eligibility Failure.The
term “Employer Eligibility Failure” means
the adoption of a plan intended to include
a qualified cash or deferred arrangement
and satisfy the requirements of § 401(a)
or §403(a) by an employer that fails to
meet the employer eligibility requirements
to establish a § 401(k) plan. An Employer
Eligibility Failure is not a Plan Document,
Operational, or Demographic Failure.
(3)Excess Amount. The term “Excess
Amount” means (a) an Overpayment, (b)
an elective deferral or employee after-tax
contribution returned to satisfy § 415, (c)
an elective deferral in excess of the lim-
itation of § 402(g) that is distributed, (d)
an excess contribution or excess aggregate
contribution that is distributed to satisfy
§ 401(k) or § 401(m), (e) an elective de-
ferral that is distributed to satisfy the lim-
itation of § 401(a)(17), or (f) any similar
amount that is required to be distributed in
order to maintain plan qualification.
(4)Favorable Letter. The term “Favor-
able Letter” means, in the case of a Qual-
ified Plan, a current favorable determina-
tion letter for an individually designed plan
(including a volume submitter plan that is
not identical to an approved volume sub-
mitter plan), a current favorable opinion
letter for a Plan Sponsor that has adopted
a master or prototype plan, (standardized
or nonstandardized), or a current favor-
able advisory letter and certification that
the Plan Sponsor has adopted a plan that is
identical to an approved volume submitter
plan. A plan has a current favorable deter-
mination letter, opinion letter, or advisory
letterif(a),(b),(c),or(d)belowissatis-
fied:
(a) The plan has a favorable determi-
nation letter, opinion letter, or advisory
letter/certification that considers GUST
(GUST is an acronym for the Uruguay
Round Agreements Act (GATT), the Uni-
formed Services Employment and Reem-
ployment Rights Act of 1994 (USERRA),
the Small Business Job Protection Act of
1996 (SBJPA), the Taxpayer Relief Act
of 1997 (TRA ’97), the Internal Revenue
Service Restructuring and Reform Act
of 1998 (RRA ’98), and the Community
Renewal Tax Relief Act of 2000 (CRA).)
(b) The plan is initially adopted or ef-
fective after December 31, 2001, and the
Plan Sponsor timely submits an applica-
tion for a determination letter or adopts an
approved master or prototype plan or vol-
ume submitter plan within the plan’s reme-
dial amendment period under § 401(b).
(c) The plan is terminated prior to the
expiration of the applicable GUST reme-
dial amendment period under § 401(b) and
the plan was amended to reflect the provi-
sions of GUST (including § 415, as pro-
vided in Rev. Rul. 2002–27, 2002–1 C.B.
925, in the case of defined contribution
plans), the provisions of the 401(a)(9) final
and temporary regulations, and in the case
of defined benefit plans, the 1994 Group
Annuity Reserving Table (94 GAR) (see
Rev. Rul. 2001–62, 2001–2 C.B. 632).
(d) The plan is terminated prior to the
expiration of the applicable Economic
Growth and Tax Relief Reconciliation
Act of 2001 (EGTRRA) remedial amend-
ment period under § 401(b) and the plan
was amended to reflect the provisions of
EGTRRA and any other legislation that
was in effect when the plan was termi-
nated.
(5)Maximum Payment Amount.The
term “Maximum Payment Amount”
means a monetary amount that is ap-
proximately equal to the tax the Service
could collect upon plan disqualification
and is the sum for the open taxable years
of the:
(a) tax on the trust (Form 1041) (and
any interest or penalties applicable to the
trust return),
(b) additional income tax resulting from
the loss of employer deductions for plan
contributions (and any interest or penalties
applicable to the Plan Sponsor’s return),
(c) additional income tax resulting from
income inclusion for participants in the
plan (Form 1040), including the tax on
plan distributions that have been rolled
over to other qualified trusts (as defined
in § 402(c)(8)(A)) or eligible retirement
plans (as defined in § 402(c)(8)(B)) (and
any interest or penalties applicable to the
participants’ returns), and
(d) any other tax that results from a
Qualification Failure that would apply but
for the correction under this revenue pro-
cedure.
(6)Overpayment. The term “Overpay-
ment”meansadistributiontoanemployee
or beneficiary that exceeds the employee’s
or beneficiary’s benefit under the terms
of the plan, including a distribution that
results from a failure to comply with
plan terms that implement § 401(a)(17),
§ 401(m) (but only with respect to the
forfeiture of nonvested matching contri-
butions that are excess aggregate contri-
butions), § 411(a)(3)(G), or § 415. An
Overpayment does not include a distribu-
tion of any Excess Amount described in
section 5.01(3)(b) through (f).
(7)Plan Sponsor. The term “Plan
Sponsor” means the employer that estab-
lishes or maintains a qualified retirement
plan for its employees.
(8)Transferred Assets.Theterm
“Transferred Assets” means plan assets
that were received, in connection with
a corporate merger, acquisition or other
similar employer transaction, by the plan
in a transfer (including a merger or consol-
idation of plan assets) under § 414(l) from
aplansponsoredbyanemployerthatwas
not a member of the same controlled group
as the Plan Sponsor immediately prior to
the corporate merger, acquisition, or other
similar employer transaction. If a transfer
of plan assets related to the same employer
transaction is accomplished through sev-
eral transfers, then the date of the transfer
is the date of the first transfer.
.02Definitions for 403(b) Plans.The
definitions in this section 5.02 apply to
403(b) Plans.
(1)403(b) Plan. The term “403(b)
Plan” means a plan or program intended
to satisfy the requirements of § 403(b).
(2)403(b) Failure. A 403(b) Failure
is any Operational, Demographic, or Em-
ployer Eligibility Failure as defined below.
(a)Operational Failure. The term “Op-
erational Failure” means any of the follow-
ing:
(i) A failure to satisfy the requirements
of § 403(b)(12)(A)(ii) (relating to the
availability of salary reduction contribu-
tions);
(ii) A failure to satisfy the requirements
of § 401(m) (as applied to 403(b) Plans
pursuant to § 403(b)(12)(A)(i));
(iii) A failure to satisfy the requirements
of § 401(a)(17) (as applied to 403(b) Plans
pursuant to § 403(b)(12)(A)(i));
(iv) A failure to satisfy the distribution
restrictions of § 403(b)(7) or § 403(b)(11);
(v) A failure to satisfy the incidental
death benefit rules of § 403(b)(10);
May 30, 20069532006–22 I.R.B.

(vi) A failure to pay minimum required
distributions under § 403(b)(10);
(vii) A failure to give employees the
right to elect a direct rollover under
§ 403(b)(10), including the failure to
give meaningful notice of such right;
(viii) A failure of the annuity contract
or custodial agreement to provide partici-
pants with a right to elect a direct rollover
under §§ 403(b)(10) and 401(a)(31);
(ix) A failure to satisfy the limit on elec-
tive deferrals under § 403(b)(1)(E);
(x) A failure of the annuity contract or
custodial agreement to provide the limit
on elective deferralsunder §§ 403(b)(1)(E)
and 401(a)(30);
(xi) A failure involving contributions or
allocations of Excess Amounts; or
(xii) Any other failure to satisfy appli-
cable requirements under § 403(b) that (A)
results in the loss of § 403(b) status for the
plan or the loss of § 403(b) status for one or
more custodial account(s) or annuity con-
tract(s) under the plan and (B) is not a De-
mographic Failure, an Employer Eligibil-
ity Failure, or a failure related to contribu-
tions on behalf of individuals who are not
employees of the employer.
(b)Demographic Failure.The
term “Demographic Failure” means a
failure to satisfy the requirements of
§ 401(a)(4), § 401(a)(26), or § 410(b)
(as applied to 403(b) Plans pursuant to
§ 403(b)(12)(A)(i)).
(c)Employer Eligibility Failure.The
term “Employer Eligibility Failure” means
any of the following:
(i) The adoption of a plan intended to
satisfytherequirementsof§403(b)bya
Plan Sponsor that is not a tax-exempt or-
ganization described in § 501(c)(3) or a
public educational organization described
in § 170(b)(1)(A)(ii);
(ii) A failure to satisfy the nontransfer-
ability requirement of § 401(g);
(iii) A failure to initially establish or
maintain a custodial account as required by
§ 403(b)(7); or
(iv) A failure to purchase (initially or
subsequently) either an annuity contract
from an insurance company (unless grand-
fathered under Rev. Rul. 82–102, 1982–1
C.B. 62) or a custodial account from a
regulated investment company utilizing a
bank or an approved non-bank trustee/cus-
todian.
(3)Excess Amount. The term “Excess
Amount” means any amount returned to
ensure that the plan satisfies the require-
ments of § 401(a)(30), 415, or 403(b)(2)
(for plan years prior to January 1, 2002).
In addition, the term “Excess Amount” in-
cludes (for all plan years) any distribu-
tions required to ensure that the plan com-
plies with the applicable requirements of
§ 403(b).
(4)Maximum Payment Amount.The
term “Maximum Payment Amount”
means a monetary amount that is approx-
imately equal to the tax the Service could
collect as a result of the 403(b) Failure and
is the sum for the open taxable years of
the:
(a) additional income tax resulting from
income inclusion for employees or other
participants (Form 1040), including the
tax on distributions that have been rolled
over to other qualified trusts (as defined
in § 402(c)(8)(A)) or eligible retirement
plans (as defined in § 402(c)(8)(B)) (and
any interest or penalties applicable to the
participants’ returns), and
(b) any other tax that results from a
403(b) Failure that would apply but for the
correction under this revenue procedure.
(5)Plan Sponsor.Theterm“Plan
Sponsor” means the employer that offers
a 403(b) Plan to its employees.
.03Under Examination.(1)Theterm
“Under Examination” means: (a) a plan
that is under an Employee Plans exami-
nation (that is, an examination of a Form
5500 series or other Employee Plans ex-
amination); (b) a Plan Sponsor that is un-
der an Exempt Organizations examination
(that is, an examination of a Form 990 se-
ries or other Exempt Organizations exam-
ination); or (c) a plan that is under investi-
gation by the Criminal Investigation Divi-
sion of the Internal Revenue Service.
(2) A plan that is under an Employee
Plans examination includes any plan for
which the Plan Sponsor, or a represen-
tative, has received verbal or written
notification from Employee Plans of an
impending Employee Plans examina-
tion, or of an impending referral for an
Employee Plans examination, and also
includes any plan that has been under an
Employee Plans examination and is now
in Appeals or in litigation for issues raised
in an Employee Plans examination. A plan
is considered to be Under Examination if
it is aggregated for purposes of satisfy-
ing the nondiscrimination requirements of
§ 401(a)(4), the minimum participation
requirements of § 401(a)(26), the mini-
mum coverage requirements of § 410(b),
or the requirements of § 403(b)(12), with
a plan(s) that is Under Examination. In
addition, a plan is considered to be Under
Examination with respect to a failure of a
qualification requirement (other than those
described in the preceding sentence) if the
plan is aggregated with another plan for
purposes of satisfying that qualification
requirement (for example, § 401(a)(30),
§ 415, or § 416) and that other plan is
Under Examination. For example, assume
Plan A has a § 415 failure, Plan A is ag-
gregated with Plan B only for purposes of
§ 415, and Plan B is Under Examination.
In this case, Plan A is considered to be Un-
der Examination with respect to the § 415
failure. However, if Plan A has a failure
relating to the spousal consent rules under
§ 417 or the vesting rules of § 411, Plan A
is not considered to be Under Examination
with respect to the § 417 or § 411 failure.
For purposes of this revenue procedure,
the term aggregation does not include con-
sideration of benefits provided by various
plans for purposes of the average benefits
test set forth in § 410(b)(2).
(3) An Employee Plans examination
also includes a case in which a Plan Spon-
sor has submitted any Form 5300 series
form and the Employee Plans agent noti-
fies the Plan Sponsor, or a representative,
of possible Qualification Failures, whether
or not the Plan Sponsor is officially no-
tified of an “examination.” This would
include a case where, for example, a
Plan Sponsor has applied for a determi-
nation letter on plan termination, and an
Employee Plans agent notifies the Plan
Sponsor that there are partial termination
concerns. In addition, if, during the re-
view process, the agent requests additional
information that indicates the existence of
a Qualification Failure(s) not previously
identified by the Plan Sponsor, the plan
is considered to be under an Employee
Plans examination. If, in such a case,
the determination letter request under re-
view is subsequently withdrawn, the plan
is nevertheless considered to be under
an Employee Plans examination for pur-
poses of eligibility under SCP and VCP
with respect to those issues raised by the
agent reviewing the determination letter
application. The fact that a Plan Sponsor
voluntarily submits a determination letter
application does not constitute a voluntary
2006–22 I.R.B.954May 30, 2006

identification of Qualification Failures to
the Service. In order to be eligible to per-
fect a determination letter application into
a VCP submission, the Plan Sponsor (or
the authorized representative) must iden-
tify each Qualification Failure, in writing,
to the reviewing agent before the agent rec-
ognizes the existenceof the Qualification
Failure(s) or addresses the Qualification
Failure(s) in communications with the
Plan Sponsor (or the authorized represen-
tative).
(4) A Plan Sponsor that is under an Ex-
empt Organizations examination includes
any Plan Sponsor that has received (or
whose representative has received) verbal
or written notification from Exempt Orga-
nizations of an impending Exempt Organi-
zations examination or of an impending re-
ferral for an Exempt Organizations exami-
nation and also includes any Plan Sponsor
that has been under an Exempt Organiza-
tions examination and is now in Appeals or
in litigation for issues raised in an Exempt
Organizations examination.
.04SEP. The term “SEP” means a plan
intended to satisfy the requirements of
§ 408(k). For purposes of this revenue
procedure, the term SEP also includes a
salary reduction SEP (“SARSEP”) de-
scribed in § 408(k)(6), when applicable.
.05SIMPLE IRA Plan.Theterm
“SIMPLE IRA Plan” means a plan in-
tended to satisfy the requirements of
§ 408(p).
.06Definitions for Orphan Plans.(1)
Orphan Plan. With respect to VCP and
Audit CAP, the term “Orphan Plan” means
any Qualified Plan with respect to which
an “Eligible Party” (defined in section
5.06(2)) has determined that the Plan
Sponsor (a) no longer exists, (b) cannot be
located, (c) is unable to maintain the plan,
or (d) has abandoned the plan pursuant to
regulations issued by the Department of
Labor. However, the term “Orphan Plan”
does not include any plan terminated pur-
suant to Department of Labor regulations
governing the termination of abandoned
individual account plans.
(2)Eligible Party. For purposes of
section 5.06(1), the term “Eligible Party”
means:
(a) A court appointed representative
with authority to terminate the plan and
dispose of the plan’s assets;
(b) InthecaseofanOrphanPlanun-
der investigation by the Department of La-
bor, a person or entity who the Department
of Labor determined has accepted respon-
sibility for terminating the plan and dis-
tributing the plan’s assets; or
(c) In the case of a Qualified Plan to
which Title I of the Employee Retirement
Income Security Act of 1974 (“ERISA”)
has never applied, a surviving spouse who
isthesolebeneficiaryofaplanthatpro-
vided benefits to a participant who was (i)
the sole owner of the business that spon-
sored the plan and (ii) the only participant
in the plan.
SECTION 6. CORRECTION
PRINCIPLES AND RULES OF
GENERAL APPLICABILITY
.01Correction principles; rules of gen-
eral applicability. The general correction
principles in section 6.02 and rules of gen-
eral applicability in sections 6.03 through
6.11 apply for purposes of this revenue
procedure.
.02Correction principles. Generally, a
failure is not corrected unless full correc-
tion is made with respect to all participants
and beneficiaries, and for all taxable years
(whether or not the taxable year is closed).
Even if correction is made for a closed tax-
able year, the tax liability associated with
that year will not be redetermined because
of the correction. Correction is determined
taking into account the terms of the plan at
the time of the failure. Correction should
be accomplished taking into account the
following principles:
(1)Restoration of benefits. The correc-
tion method should restore the plan to the
position it would have been in had the fail-
ure not occurred, including restoration of
current and former participants and ben-
eficiaries to the benefits and rights they
would have had if the failure had not oc-
curred.
(2)Reasonable and appropriate correc-
tion. The correction should be reasonable
and appropriate for the failure. Depend-
ing on the nature of the failure, there may
be more than one reasonable and appropri-
ate correction for the failure. For Quali-
fied Plans, any correction method permit-
ted under Appendix A or Appendix B is
deemed to be a reasonable and appropri-
ate method of correcting the related Qual-
ification Failure. Any correction method
permitted under Appendix A or Appendix
B applicable to a 403(b) Plan, a SEP, or a
SIMPLE IRA Plan is deemed to be a rea-
sonable and appropriate method of correct-
ing the related failure. Whether any other
particular correction method is reasonable
and appropriate is determined taking into
account the applicable facts and circum-
stances and the following principles:
(a) The correction method should, to the
extent possible, resemble one already pro-
vided for in the Code, regulations there-
under, or other guidance of general appli-
cability. For example, for Qualified Plans
and 403(b) plans, thecorrection method set
forth in § 1.402(g)–1(e)(2) would be the
typical means of correcting a failure under
§ 402(g).
(b) The correction method for failures
relating to nondiscrimination should pro-
vide benefits for nonhighly compensated
employees. For example, for Qualified
Plans, the correction method set forth in
§ 1.401(a)(4)–11(g) (rather than meth-
ods making use of the special testing
provisions set forth in § 1.401(a)(4)–8
or § 1.401(a)(4)–9) would be the typ-
ical means of correcting a failure to
satisfy nondiscrimination requirements.
Similarly, the correction of a failure to
satisfy the requirements of § 401(k)(3),
§ 401(m)(2), or § 401(m)(9) (relating to
nondiscrimination), solely by distributing
excess amounts to highly compensated
employees would not be the typical means
of correcting such a failure.
(c) The correction method should keep
plan assets in the plan, except to the extent
the Code, regulations, or other guidance
of general applicability provide for correc-
tion by distribution to participants or bene-
ficiaries or return of assets to the employer
or Plan Sponsor. For example, if an ex-
cess allocation (not in excess of the § 415
limits) made under a Qualified Plan was
made for a participant under a plan (other
than a cash or deferred arrangement), the
excess should be reallocated to other par-
ticipants or, depending on the facts and
circumstances, used to reduce future em-
ployer contributions.
(d) The correction method should not
violate another applicable specific require-
ment of § 401(a) or § 403(b) (for example,
§ 401(a)(4), § 411(d)(6), or § 403(b)(12),
as applicable), § 408(k) for SEPs, or
§ 408(p) for SIMPLE IRA Plans, or a par-
allel requirement in Part 2 of Subtitle B of
Title I of ERISA (for plans that are subject
to Subtitle B of Part 2 of Title I of ERISA).
May 30, 20069552006–22 I.R.B.

If an additional failure is created as a re-
sult of the use of a correction method in
this revenue procedure, then that failure
also must be corrected in conjunction with
the use of that correction method and in
accordance with the requirements of this
revenue procedure.
(3)Consistency requirement.Gen-
erally, where more than one correction
method is available to correct a type of
Operational Failurefor a plan year (or
where there are alternative ways to apply a
correction method), the correction method
(or one of the alternative ways to apply
the correction method) should be applied
consistently in correcting all Operational
Failures of that type for that plan year.
Similarly, earnings adjustment methods
generally should be applied consistently
with respect to corrective contributions or
allocations for a particular type of Opera-
tional Failure for a plan year. In the case
of a Group Submission, the consistency
requirement applies on a plan by plan ba-
sis.
(4)Principles regarding corrective al-
locations and corrective distributions.The
following principles apply where an ap-
propriate correction method includes the
use of corrective allocations or corrective
distributions:
(a) Corrective allocations under a de-
fined contribution plan should be based
upon the terms of the plan and other appli-
cable information at the time of the failure
(including the compensation that would
have been used under the plan for the pe-
riod with respect to which a corrective al-
location is being made) and should be ad-
justed for earnings (including losses) and
forfeitures that would have been allocated
to the participant’s account if the failure
had not occurred. However, the corrective
allocation need not be adjusted for losses.
See section 3 of Appendix B for additional
information on calculation of earnings for
corrective allocations.
(b) A corrective allocation to a partici-
pant’s account because of a failure to make
a required allocation in a prior limitation
year will not be considered an annual addi-
tion with respect to the participant for the
limitation year in which the correction is
made, but will be considered an annual ad-
dition for the limitation year to which the
corrective allocation relates. However, the
normal rules of § 404, regarding deduc-
tions, apply.
(c) Corrective allocations should come
only from employer contributions (includ-
ing forfeitures if the plan permits their use
to reduce employer contributions).
(d) In the case of a defined benefit plan,
a corrective distribution for an individual
should be increased to take into account
the delayed payment, consistent with the
plan’s actuarial adjustments.
(5)Special exceptions to full correc-
tion. In general, a failure must be fully
corrected. Although the mere fact that cor-
rection is inconvenient or burdensome is
not enough to relieve a Plan Sponsor of the
need to make full correction, full correc-
tion may not be required in certain situa-
tions because it is unreasonable or not fea-
sible. Even in these situations, the correc-
tion method adopted must be one that does
not have significant adverse effects on par-
ticipants and beneficiaries or the plan, and
that does not discriminate significantly in
favor of highly compensated employees.
The exceptions described below specify
those situations in which full correction is
not required.
(a)Reasonable estimates.Ifeither,(i)
it is possible to make a precise calculation
but the probable difference between the ap-
proximate and the precise restoration of a
participant’s benefits is insignificant and
the administrative cost of determining pre-
cise restoration would significantly exceed
the probable difference or (ii) it is not pos-
sible to make a precise calculation (for ex-
ample, where it is impossible to provide
plan data), reasonable estimates may be
used in calculating appropriate correction.
If it is not feasible to make a reasonable
estimate of what the actual investment re-
sults would have been, a reasonable inter-
est rate may be used.
(b)Delivery of small benefits.Iftheto-
tal corrective distribution due a participant
or beneficiary is $50 or less, the Plan Spon-
sor is not required to make the corrective
distribution if the reasonable direct costs
of processing and delivering the distribu-
tion to the participant or beneficiary would
exceed the amount of the distribution. This
section 6.02(5)(b) does not apply to correc-
tive contributions.
(c)Recovery of small Overpayments.
Generally, under VCP or Audit CAP, if
the total amount of an Overpayment made
to a participant or beneficiary is $100 or
less, the Plan Sponsor is not required to
seek the return of the Overpayment from
the participant or beneficiary. The Plan
Sponsor is not required to notify the par-
ticipant or beneficiary that the Overpay-
ment is not eligible for favorable tax treat-
ment accorded to distributions from Quali-
fied Plans (and, specifically, is not eligible
for tax-free rollover).
(d)Locating lost participants. Reason-
able actions must be taken to find all cur-
rent and former participants and beneficia-
ries to whom additional benefits are due,
but who have not been located after a mail-
ing to the last known address. In general,
such actions include use of the Internal
Revenue Service Letter Forwarding Pro-
gram (see Rev. Proc. 94–22, 1994–1 C.B.
608) or the Social Security Administration
Employer Reporting Service. A plan will
notbeconsideredtohavefailedtocorrect
a failure due to the inability to locate an in-
dividual if either of these programs is used;
provided that, if the individual is later lo-
cated, the additional benefits are provided
to the individual at that time. The Internal
Revenue Service Letter Forwarding Pro-
gram may not be used to locate partici-
pants in order to collect amounts owed to
the plan.
(e)Small Excess Amounts. Generally,
under VCP or Audit CAP, if the total
amount of an Excess Amount with respect
to the benefit of a participant or benefi-
ciary is $100 or less, the Plan Sponsor is
not required to distribute or forfeit such
Excess Amount. However, if the Excess
Amount exceeds a statutory limit, the
participant or beneficiary must be noti-
fied that the Excess Amount, including
earnings, is not eligible for favorable tax
treatment accorded to distributions from
Qualified Plans (and, specifically, is not
eligible for tax-free rollover). See section
6.06(1) for such notice requirements.
(f)Orphan Plans. The Service retains
the discretion to determine under VCP and
Audit CAP whether full correction will be
requiredinaterminatingOrphanPlan.
(6)Correction principle for loan fail-
ures. In the case of a loan failure corrected
in accordance with section 6.07(2)(b) or
(c) and section 6.07(3), the participant is
generally responsible for paying the cor-
rective payment. However, with respect
to the failure listed in section 6.07(3), the
employer should pay a portion of the cor-
rection payment on behalf of the partici-
pant equal to the interest that accumulates
as a result of such failure — generally de-
2006–22 I.R.B.956May 30, 2006

termined at a rate equal to the greater of the
plan loan rate or the rate of return under the
plan.
(7)Correction for exclusion of employ-
ees for elective contributions or after-tax
employee contributions. If a Qualified
Plan has an Operational Failure that con-
sists of excluding an employee that should
have been eligible to make an elective
contribution under a cash or deferred
arrangement or an after-tax employee con-
tribution, the employer should contribute
to the plan on behalf of the excluded
employee an amount that makes up for
the value of the lost opportunity to the
employee to have a portion of his or her
compensation contributed to the plan ac-
cumulated with earnings tax free in the
future. This correction principle applies
solely to this limited circumstance. It does
not, for example, extend to the correction
of a failure to satisfy a nondiscrimina-
tion test,e.g., the ADP test pursuant to
§ 401(k)(3) and the ACP test pursuant
to § 401(m)(2). Specific methods and
examples to correct this failure are pro-
vided in Appendix A .05 and Appendix B
2.02. Similarly, the methods and exam-
ples provided for correcting this failure
do not extend to other failures. Thus, the
correction methodsand the examples in
Appendix A .05 and Appendix B 2.02
cannot, for example, be used to correct
ADP/ACP failures. Finally, the methods
and examples do not address situations
where an employee was excluded from a
plan that provided for the opportunity to
make designated Roth contributions.
(8)Reporting. Any corrective distribu-
tions from the plan should be properly re-
ported.
.03Correction of an Employer Eligi-
bility Failure. (1) The permitted correc-
tion of an Employer Eligibility Failure is
the cessation of all contributions (includ-
ing salary reduction and after-tax contri-
butions) beginning no later than the date
the application under VCP is filed. Pur-
suant to VCP correction, the assets in such
a plan are to remain in the trust, annuity
contract, or custodial account and are to be
distributed no earlier than the occurrence
of one of the applicable distribution events,
e.g., for 403(b) Plans, the events described
in § 403(b)(7) (to the extent the assets are
held in custodial accounts) or § 403(b)(11)
(for those assets invested in annuity con-
tracts that would be subject to § 403(b)(11)
restrictions if the employer were eligible).
(2) Cessation of contributions is not
required if continuation of contributions
would not be an Employer Eligibility
Failure (for example, with respect to a
tax-exempt employer that may maintain a
§ 401(k) plan after 1996).
(3) A plan that is corrected through
VCP is treated as subject to all of the re-
quirements and provisions of § 401(a) for
a Qualified Plan, § 403(b) for a 403(b)
Plan, § 408(k) for a SEP, and § 408(p)
for a SIMPLE IRA Plan (including Code
provisions relating to rollovers). There-
fore, the Plan Sponsor must also correct
all other failures inaccordance with this
revenue procedure.
.04Correction of a failure to obtain
spousal consent. (1) Normally, the correc-
tion method under VCP for a failure to ob-
tain spousal consent for a distribution that
is subject to the spousal consent rules un-
der §§ 401(a)(11) and 417 is similar to the
correction method described in Appendix
A .07. The Plan Sponsor must notify the
affected participant and spouse (to whom
the participant was married at the time of
the distribution), so that the spouse can
provide spousal consent to the distribution
actually made or the participant may re-
pay the distribution and receive a qualified
joint and survivor annuity.
(2)(a) As alternatives to the correction
method in section 6.04(1), correction for
a failure to obtain spousal consent may
be made under either section 6.04(2)(b) or
section 6.04(2)(c).
(b) In the event that spousal consent to
the prior distribution is not obtained (e.g.,
because the spouse chooses not to con-
sent, the spouse does not respond to the
notice, or the spouse cannot be located),
the spouse is entitled to a benefit under the
plan equal to the portion of the qualified
joint and survivor annuity that would have
been payable to the spouse upon the death
of the participant had a qualified joint and
survivor annuity been provided to the par-
ticipant under the plan at the annuity start-
ing date for the prior distribution. Such
spousal benefit must be provided if a claim
is made by the spouse.
(c) In the event that spousal consent
to the prior distribution is not obtained,
the plan may offer the spouse the choice
between (i) the survivor annuity benefit
described in section 6.04(2)(b) or (ii) a
single-sum payment equal to the actuar-
ial present value of that survivor annu-
ity benefit (calculated using the applica-
ble interest rate and mortality table under
§417(e)(3)). Anysuchsingle-sumpay-
ment is treated in the same manner as a dis-
tribution under § 402(c)(9) for purposes of
rolling over the payment to an IRA or other
eligible retirement plan.
.05Correction by plan amendment.In
a case in which correction of a Qualifica-
tion Failure includes correction of a Plan
Document Failure, Demographic Failure,
or Operational Failure by plan amendment,
a determination letter application may be
required. See section 4.06.
.06Special rules relating to Ex-
cess Amounts.(1)Treatment of Excess
Amounts under Qualified Plans. Except as
otherwise provided in section 6.02(5)(c),
a distribution of an Excess Amount is not
eligible for the favorable tax treatment
accorded to distributions from Qualified
Plans (such as eligibility for rollover under
§ 402(c)). Thus, for example, if such a
distribution was contributed to an individ-
ual retirement arrangement (“IRA”), the
contribution is not a valid rollover con-
tribution for purposes of determining the
amount of excess contributions (within
the meaning of § 4973) to the individual’s
IRA. A distribution of an Excess Amount
is generally treated in the manner de-
scribed in section 3 of Rev. Proc. 92–93,
1992–2 C.B. 505, relating to the corrective
disbursement of elective deferrals. The
distribution must be reported on Forms
1099–R for the year of distribution with
respect to each participant or beneficiary
receiving such a distribution. Except as
otherwise provided in section 6.02(5)(c),
where an Excess Amount has been or is
being distributed, the Plan Sponsor must
notify the recipient that (a) an Excess
Amount has been or will be distributed
and (b) an Excess Amount is not eligible
for favorable tax treatment accorded to
distributions from Qualified Plans (and,
specifically, is not eligible for tax-free
rollover).
(2)Treatment of Excess Amounts under
403(b) Plans. The distribution of Excess
Amounts is not an eligible rollover distri-
bution within the meaning of § 403(b)(8).
A distribution of Excess Amounts is gen-
erally treated in the manner described in
section 3 of Rev. Proc. 92–93 relating
to the corrective disbursement of elec-
May 30, 20069572006–22 I.R.B.

tive deferrals. The distribution must be
reported on Forms 1099–R for the year
of distribution with respect to each par-
ticipant or beneficiary receiving such a
distribution. Except as otherwise provided
in section 6.02(5)(c), where an Excess
Amount has been or is being distributed,
the Plan Sponsor must notify the recipient
that (a) an Excess Amount has been or will
be distributed and (b) an Excess Amount
is not eligible for favorable tax treatment
accorded to distributions from Qualified
Plans (and, specifically, is not eligible for
tax-free rollover).
.07Rules relating to reporting plan
loan failures.(1)General rule for loans.
Unless correction is made in accordance
with this section 6.07(2) or (3), a deemed
distribution under § 72(p)(1) in connec-
tion with a failure relating to a loan to a
participant made from a Qualified Plan or
a 403(b) Plan must be reported on Form
1099–R with respect to the affected par-
ticipant and any applicable income tax
withholding amount that was required to
be paid in connection with the failure (see
§ 1.72(p)–1, Q&A–15) must be paid by
the employer. As part of VCP, the deemed
distribution may be reported on Form
1099–R with respect to the affected par-
ticipant for the year of correction (instead
of the year of the failure).
(2)Special rules for loans.(a)In gen-
eral. The correction methods set forth in
this section 6.07(2) (b) and (c) and sec-
tion 6.07(3) are only available for plan
loan failures that are corrected through
VCP. The correction methods described
in section 6.07(2) (b) and (c) and section
6.07(3) are not available if the maximum
period for repayment of the loan pursuant
to § 72(p)(2)(B) has expired. The Ser-
vice reserves the right to limit the use of
the correction methods listed in section
6.07(2) (b) and (c) and section 6.07(3) to
situations that it considers appropriate; for
example, where the loan failure is caused
by employer action. A deemed distribu-
tion corrected under section 6.07(2) (b) or
(c) or under section 6.07(3) is not required
to be reported on Form 1099–R and repay-
ments made by correction under sections
6.07(2) and 6.07(3) do not result in the af-
fected participant having additional basis
in the plan for purposes of determining the
tax treatment of subsequent distributions
from the plan to the affected participant.
(b)Loans in excess of § 72(p)(2)(A).
A failure to comply with plan provi-
sions requiring that loans comply with
§ 72(p)(2)(A) may be corrected by a cor-
rective repayment to the plan based on the
excess of the loan amount over the max-
imum loan amount under § 72(p)(2)(A).
In the event that loan repayments were
made in accordance withthe amortization
schedule for the loan before correction,
such prior repayments may be applied (i)
solely to reduce the portion of the loan that
did not exceed the maximum loan amount
under § 72(p)(2)(A) (so that the correc-
tive repayment would equal the original
loan excess plus interest thereon), (ii) to
reduce the loan excess to the extent of the
interest thereon, with the remainder of the
repayments applied to reduce the portion
of the loan that did not exceed the maxi-
mum loan amount under § 72(p)(2)(A) (so
that the corrective repayment would equal
the original loan excess), or (iii)pro rata
against the loan excess and the maximum
loan amount under § 72(p)(2)(A) (so that
the corrective repayment would equal the
outstanding balance remaining on the orig-
inal loan excess on the date that corrective
repayment is made). After the correc-
tive payment is made, the loan may be
reformed to amortize the remaining prin-
cipal balance as of the date of repayment
over the remaining period of the original
loan. This is permissible as long as the
recalculated payments over the remaining
period would not cause the loan to violate
the maximum duration permitted under
§ 72(p)(2)(B). The maximum duration is
determined from the date the original loan
was made. In addition, the amortization
payments determined for the remaining
period must comply with the level amorti-
zation requirements of § 72(p)(2)(C).
(c)Loan terms that do not satisfy
§ 72(p)(2)(B) or (C). For a failure of
loan repayment terms to provide for a
repayment schedule that complies with
§ 72(p)(2)(B) or (C), the failure may be
corrected by a reamortization of the loan
balance in accordance with § 72(p)(2)(C)
over the remaining period that is the
maximum period that complies with
§ 72(p)(2)(B) measured from the origi-
nal date of the loan.
(3)Defaulted loans. A failure to re-
pay the loan in accordance with the loan
terms where the terms satisfy § 72(p)(2)
may be corrected by (i) a lump sum repay-
ment equal to the additional repayments
that the affected participant would have
made to the plan if there had been no fail-
ure to repay the plan, plus interest accrued
on the missed repayments, (ii) reamortiz-
ing the outstanding balance of the loan, in-
cluding accrued interest, over the remain-
ing payment schedule of the original term
of the loan, or (iii) any combination of (i)
or (ii).
.08Correction under statute or regula-
tions. Generally, none ofthe correction
programs are available to correct failures
that can be corrected under the Code and
related regulations. For example, as a gen-
eral rule, a Plan Document Failure that is
a disqualifying provision for which the re-
medial amendment period under § 401(b)
has not expired can be corrected by opera-
tion of the Code through retroactive reme-
dial amendment.
.09Matters subject to excise taxes.(1)
Except as provided in this revenue proce-
dure, the correction programs are not avail-
able for events for which the Code pro-
vides tax consequences other than plan dis-
qualification (such as the imposition of an
excise tax or additional income tax). For
example, funding deficiencies (failures to
make the required contributions to a plan
subject to § 412), prohibited transactions,
and failures to file the Form 5500 can-
not be corrected under the correction pro-
grams.
(2)AspartofVCPandAuditCAP,
if the failure involves the failure to sat-
isfy the minimum required distribution re-
quirements of § 401(a)(9), in appropriate
cases, the Service will waive the excise
tax under § 4974 applicable to plan par-
ticipants. The waiver will be included in
the compliance statement or in the clos-
ing agreement in the case of Audit CAP.
The Plan Sponsor, as part of the submis-
sion, must request the waiver and in cases
where the participant subject to the excise
tax is an owner-employee, as defined in
§ 401(c)(3), or a 10 percent owner of a
corporation, the Plan Sponsor must also
provide an explanation supporting the re-
quest. See section 12.02(2) relating to
the applicable compliance fee for certain
§ 401(a)(9) failures.
(3)AspartofVCP,ifthefailurein-
volves a correction that requires the Plan
Sponsor to make a plan contribution that
is not deductible, in appropriate cases, the
Service will not pursue the excise tax un-
2006–22 I.R.B.958May 30, 2006

der § 4972 on such nondeductible contri-
butions. The Plan Sponsor, as part of the
submission must request the relief and pro-
vide an explanation supporting the request.
(4)AspartofVCP,ifafailurere-
sults in excess contributions as defined
in §4979(c) or excess aggregate contribu-
tions as defined in §4979(d) under a plan,
the Service will not pursue the excise tax
under § 4979 in appropriate cases,e.g.,
where correction is made for any case in
which the ADP test was timely performed
but, due to reliance on inaccurate data,
resulted in an insufficient amount of ex-
cess elective contributions having been
distributedtoHCEs.ThePlanSponsor,as
part of the submission, must request the
relief and provide an explanation support-
ing the request.
.10Correction for SEPs and SIMPLE
IRA Plans.(1)Correction for SEPs and
SIMPLE IRA Plans generally. Generally,
the correction for a SEP or a SIMPLE
IRA Plan is expected to be similar to the
correction required for a Qualified Plan
with a similar Qualification Failure (i.e.,
Plan Document Failure, Operational Fail-
ure, Demographic Failure and Employer
Eligibility Failure).
(2)Special correction for SEPs and
SIMPLE IRA Plans. In any case in which
correction under section 6.10(1) is not fea-
sible for a SEP or SIMPLE IRA Plan or in
any other case determined by the Service
in its discretion (including failures relating
to §§ 402(g), 415, and 401(a)(17), failures
relating to deferral percentages, discon-
tinuance of contributions to a SARSEP
or SIMPLE IRA Plan, and retention of
Excess Amounts for cases in which there
has been no violation of a statutory limi-
tation with respect to a SEP or SIMPLE
IRA Plan), the Service may provide for a
different correction. See section 12.06(2)
for a special fee that may apply in such a
case.
(3)Correction of failure to satisfy defer-
ral percentage test. If the failure involves
a violation of the deferral percentage test
under § 408(k)(6)(A)(iii) applicable to a
SARSEP, the failure may be corrected in
either one of the following ways:
(a) The Plan Sponsor may make contri-
butions that are 100% vested to all eligi-
ble nonhighly compensated employees (to
the extent permitted by § 415) necessary
to raise the deferral percentage needed to
pass the test. This amount may be calcu-
lated as the same percentage of compensa-
tion (regardless of the terms of the SEP).
(b) The Plan Sponsor may effect dis-
tribution of excess contributions, adjusted
for earnings through the date of correc-
tion, to highly compensated employees
to correct the failure. The Plan Sponsor
must also contribute to the SEP an amount
equal to the total amount distributed. This
amount must be allocated to (i) current
employees who were nonhighly compen-
sated employees in the year of the failure,
(ii) current nonhighly compensated em-
ployees who were nonhighly compensated
employees in the year of the failure, or (iii)
employees (both current and former) who
were nonhighly compensated employees
in the year of the failure.
(4)Treatment of undercontributions
to a SEP or a SIMPLE IRA Plan.(a)
Make-up contributions; earnings.The
Plan Sponsor should correct undercontri-
butions to a SEP or a SIMPLE IRA Plan
by contributing make-up amounts that are
fully vested, adjusted for earnings credited
from the date of the failure to the date of
correction.
(b)Earnings adjustment methods.In-
sofar as SEP and SIMPLE IRA Plan assets
are held in IRAs, there is no earnings rate
under the SEP or SIMPLE IRA Plan as a
whole. If it is not feasible to make a rea-
sonable estimate of what the actual invest-
ment results would have been, a reasonable
interest rate may be used.
(5)Treatment of Excess Amounts under
a SEP or a SIMPLE IRA Plan.(a)Distri-
bution of Excess Amounts. For purposes
of section 6.10, an Excess Amount is an
amount contributed on behalf of an em-
ployee that is in excess of an employee’s
benefit under the plan, or an elective defer-
ral in excess of the limitations of §§ 402(g)
or 408(k)(6)(A)(iii). If an Excess Amount
is attributable to elective deferrals, the
Plan Sponsor may effect distribution of
the Excess Amount, adjusted for earnings
through the date of correction, to the af-
fected participant. The amount distributed
to the affected participant is includible
in gross income in the year of distribu-
tion. The distribution is reported on Form
1099–R for the year of distribution with
respect to each participant receiving the
distribution. In addition, the Plan Spon-
sor must inform affected participants that
the distribution of an Excess Amount is
not eligible for favorable tax treatment
accorded to distributions from a SEP or
aSIMPLEIRAPlan(and, specifically, is
not eligible for tax-free rollover). If the
Excess Amount is attributable to employer
contributions, the Plan Sponsor may ef-
fect distribution of the employer Excess
Amount, adjusted for earnings through the
date of correction, to the Plan Sponsor.
The amount distributed to the Plan Spon-
sor is not includible in the gross income of
the affected participant. The Plan Sponsor
is not entitled to a deduction for such em-
ployer Excess Amount. The distribution
is reported on Form 1099–R issued to the
participant indicating the taxable amount
as zero.
(b)Retention of Excess Amounts.Ifan
Excess Amount is retained in the SEP or
SIMPLE IRA Plan under section 6.10(5), a
special fee, in addition to the VCP submis-
sion fee, will apply. See section 12.05(2)
for the special fee. The Plan Sponsor is
not entitled to a deduction for an Excess
Amount retained in the SEP or SIMPLE
IRA Plan. In the case of an Excess Amount
retained in a SEP that is attributable to a
§ 415 failure, the Excess Amount, adjusted
for earnings through the date of correction,
must reduce affected participants’ applica-
ble § 415 limit for the year following the
year of correction (or for the year of cor-
rection if the Plan Sponsor so chooses),
and subsequent years, until the excess is
eliminated.
(c)De minimis Excess Amounts.Ifthe
total Excess Amount in a SEP or SIMPLE
IRA Plan, whether attributable to elec-
tive deferrals or employer contributions,
is $100 or less, the Plan Sponsor is not
required to distribute the Excess Amount
and the special fee described in section
12.05(2) does not apply.
.11Confidentiality and disclosure.Be-
cause each correction program relates di-
rectly to the enforcement of the Code qual-
ification requirements, the information re-
ceived or generated by the Service under
the program is subject to the confidential-
ity requirements of § 6103 and is not a
written determination within the meaning
of § 6110.
.12No effect on other law. Correction
under these programs has no effect on the
rights of any party under any other law, in-
cluding Title I of ERISA. The Department
of Labor maintains a Voluntary Fiduciary
Correction Program under which certain
ERISA fiduciary violations may be cor-
May 30, 20069592006–22 I.R.B.

rected. The Department of Labor also
maintains a Delinquent Filer Voluntary
Compliance Program under which certain
failures to comply with the annual report-
ing requirements (Form 5500 series) under
ERISA may be corrected.
PART IV. SELF-CORRECTION (SCP)
SECTION7.INGENERAL
The requirements of this section 7 are
satisfied with respect to an Operational
Failure if the Plan Sponsor of a Qualified
Plan, a 403(b) Plan, a SEP, or a SIMPLE
IRA Plan satisfies the requirements of sec-
tion 8 (relating to insignificant Operational
Failures) or, in the case of a Qualified Plan
or a 403(b) Plan, section 9 (relating to sig-
nificant Operational Failures).
SECTION 8. SELF-CORRECTION
OF INSIGNIFICANT OPERATIONAL
FAILURES
.01Requirements. The requirements of
this section 8 are satisfied with respect to
an Operational Failure if the Operational
Failure is corrected and, given all the facts
and circumstances, theOperational Failure
is insignificant. This section 8 is available
for correcting an insignificant Operational
Failure even if the plan or Plan Sponsor is
Under Examination and even if the Oper-
ational Failure is discovered on examina-
tion.
.02Factors. The factors to be consid-
ered in determining whether or not an Op-
erational Failure under a plan is insignif-
icant include, but are not limited to: (1)
whether other failures occurred during the
period being examined (for this purpose, a
failure is not considered to have occurred
more than once merely because more than
one participant is affected by the failure);
(2) the percentage of plan assets and con-
tributions involved in the failure; (3) the
number of years the failure occurred; (4)
the number of participants affected rela-
tive to the total number of participants in
the plan; (5) the number of participants af-
fected as a result of the failure relative to
the number of participants who could have
been affected by the failure; (6) whether
correction was made within a reasonable
time after discovery of the failure; and (7)
the reason for the failure (for example, data
errors such as errorsin the transcription
of data, the transposition of numbers, or
minor arithmetic errors). No single factor
is determinative. Additionally, factors (2),
(4), and (5) should not be interpreted to ex-
clude small businesses.
.03Multiple failures. In the case of a
plan with more than one Operational Fail-
ure in a single year, or Operational Failures
that occur in more than one year, the Oper-
ational Failures are eligible for correction
under this section 8 only if all of the Op-
erational Failures are insignificant in the
aggregate. OperationalFailuresthathave
been corrected under SCP in section 9 and
VCP in sections 10 and 11 are not taken
into account for purposes of determining
if Operational Failures are insignificant in
the aggregate.
.04Examples. The following examples
illustrate the application of this section 8.
It is assumed, in each example, that the el-
igibility requirements of section 4 relating
to SCP have been satisfied and that no Op-
erational Failures occurred other than the
Operational Failures identified below.
Example 1: In 1991, Employer X established Plan
A, a profit-sharing plan that satisfies the requirements
of § 401(a) in form. In 2003, the benefits of 50 of the
250 participants in Plan A were limited by § 415(c).
However, when the Service examined Plan A in 2006,
it discovered that, during the 2003 limitation year,
the annual additions allocated to the accounts of 3 of
these employees exceededthe maximum limitations
under § 415(c). Employer X contributed $3,500,000
to the plan for the plan year. The amount of the ex-
cesses totaled $4,550. Under these facts, because the
number of participants affected by the failure relative
to the total number of participants who could have
been affected by the failure, and the monetary amount
of the failure relative to the total employer contribu-
tiontotheplanforthe2003planyear,areinsignif-
icant, the § 415(c) failure in Plan A that occurred in
2003 would be eligible for correction under this sec-
tion 8.
Example 2: The facts are the same as inExample
1, except that the failure to satisfy § 415 occurred
during each of the 2003,2004, and 2005 limitation
years. In addition, the three participants affected by
the § 415 failure were not identical each year. The
fact that the § 415 failures occurred during more than
one limitation year did not cause the failures to be
significant; accordingly, the failures are still eligible
for correction under this section 8.
Example 3: The facts are the same as inExam-
ple 1, except that the annual additions of 18 of the 50
employees whose benefits were limited by § 415(c)
nevertheless exceeded the maximum limitations un-
der § 415(c) during the 2003 limitation year, and the
amount of the excesses ranged from $1,000 to $9,000,
and totaled $150,000. Under these facts, taking into
account the number of participants affected by the
failure relative to the total number of participants who
could have been affected by the failure for the 2003
limitation year (and the monetary amount of the fail-
ure relative to the total employer contribution), the
failure is significant. Accordingly, the § 415(c) fail-
ure in Plan A that occurred in 2003 is ineligible for
correction under this section 8 as an insignificant fail-
ure.
Example 4: Employer J maintains Plan C, a
money purchase pension plan established in 1992.
The plan document satisfies the requirements of
§ 401(a) of the Code. The formula under the plan
provides for an employer contribution equal to 10%
of compensation, as defined in the plan. During
its examination of the plan for the 2004 plan year,
the Service discovered that the employee responsi-
ble for entering data into the employer’s computer
made minor arithmetic errors in transcribing the
compensation data with respect to 6 of the plan’s 40
participants, resulting in excess allocations to those 6
participants’ accounts. Under these facts, the number
of participants affected by the failure relative to the
number of participants that could have been affected
is insignificant, and the failure is due to minor data
errors. Thus, the failure occurring in 2004 would
be insignificant and therefore eligible for correction
under this section 8.
Example 5: Public School maintains for its 200
employees a salary reduction 403(b) Plan (the “Plan”)
that satisfies the requirements of § 403(b). The busi-
ness manager has primary responsibility for admin-
istering the Plan, in addition to other administrative
functions within Public School. During the 2004 plan
year, a former employee should have received an ad-
ditional minimum required distribution of $278 un-
der § 403(b)(10). Another participant received an im-
permissible hardship withdrawal of $2,500. Another
participant made elective deferrals of which $1,000
was in excess of the § 402(g) limit. Under these
facts, even though multiple failures occurred in a sin-
gle plan year, the failures will be eligible for correc-
tion under this section 8 because in the aggregate the
failures are insignificant.
SECTION 9. SELF-CORRECTION
OF SIGNIFICANT OPERATIONAL
FAILURES
.01Requirements. The requirements of
this section 9 are satisfied with respect to
an Operational Failure (even if significant)
if the Operational Failure is corrected and
the correction is either completed or sub-
stantially completed(in accordance with
section 9.04) by the last day of the correc-
tion period described in section 9.02.
.02Correction period.(1)End of cor-
rection period. The last day of the cor-
rection period for an Operational Failure
is the last day of the second plan year fol-
lowing the plan year for which the failure
occurred. However, in the case of a failure
to satisfy the requirements of § 401(k)(3),
401(m)(2), or 401(m)(9), the correction
period does not end until the last day of
2006–22 I.R.B.960May 30, 2006

the second plan year following the plan
year that includes the last day of the addi-
tional period for correction permitted un-
der § 401(k)(8) or 401(m)(6). If a 403(b)
Plan does not have a plan year, the plan
year is deemed to be the calendar year for
purposes of this subsection.
(2)Extensionofcorrectionperiodfor
Transferred Assets. In the case of an Op-
erational Failure that relates only to Trans-
ferred Assets, or to a plan assumed in con-
nection with a corporate merger, acquisi-
tion or other similar employer transaction,
the correction period does not end until
the last day of the first plan year that be-
gins after the corporate merger, acquisi-
tion, or other similar employer transaction
between the Plan Sponsor and the sponsor
of the transferor plan or the prior sponsor
of an assumed plan.
(3)Effect of examination. The correc-
tion period for an Operational Failure that
occurs for any plan year ends, in any event,
on the first date the plan or Plan Sponsor
is Under Examination for that plan year
(determined without regard to the second
sentence of section 9.02). (But see section
9.04 for special rules permitting comple-
tion of correction after the end of the cor-
rection period.)
.03Correctionbyplanamendment.
In order to complete correction by plan
amendment (as permitted under section
4.05), the appropriate determination let-
ter application must be submitted before
the end of the plan’s applicable remedial
amendment period described in Rev. Proc.
2005–66.
.04Substantial completion of correc-
tion. Correction of an Operational Failure
is substantially completed by the last day
of the correction period only if the require-
mentsofeitherparagraph(1)or(2)aresat-
isfied.
(1) The requirements of this paragraph
(1) are satisfied if:
(a) during the correction period, the
Plan Sponsor is reasonably prompt in
identifying the Operational Failure, formu-
lating a correction method, and initiating
correction in a mannerthat demonstrates
a commitment to completing correction of
the Operational Failure as expeditiously
as practicable, and
(b) within 90 days after the last day
of the correction period, the Plan Sponsor
completes correction of the Operational
Failure.
(2) The requirements of this paragraph
(2) are satisfied if:
(a) during the correction period, correc-
tion is completed with respect to 85 per-
cent of all participants affected by the Op-
erational Failure, and
(b) thereafter, the Plan Sponsor com-
pletes correction of the Operational Failure
with respect to the remaining affected par-
ticipants in a diligent manner.
.05Examples. The following examples
illustrate the application of this section 9.
Assume that the eligibility requirements of
section 4 relating to SCP have been met.
Example 1: Employer Z established a qualified
definedcontributionplanin2003andreceiveda
favorable determination letter. During 2005, while
doing a self-audit of the operation of the plan for the
2004 plan year, the plan administrator discovered
that, despite the practicesand procedures established
by Employer Z with respect to the plan, several
employees eligible to participate in the plan were
excluded from participation. The administrator also
found that for 2004 Operational Failures occurred
because the elective deferrals of additional employ-
ees exceeded the § 402(g) limit and Employer Z
failed to make the required top-heavy minimum
contribution. During the 2005 plan year, the Plan
Sponsor made corrective contributions on behalf
of the excluded employees, distributed the excess
deferrals to the affected participants, and made a
top-heavy minimum contribution to all participants
entitled to that contribution for the 2004 plan year.
Each corrective contribution and distribution was
credited with earnings at a rate appropriate for the
plan from the date the corrective contribution or
distribution should have been made to the date of
correction. Under these facts, the Plan Sponsor has
corrected the Operational Failures for the 2004 plan
year within the correction period and thus satisfied
the requirements of this section 9.
Example 2: Employer A established a qualified
defined contribution plan, Plan A, in 1990 and has
received a favorable determination letter for the ap-
plicable law changes. In April 2003, Employer A
purchased all of the stock of Employer B, a wholly-
owned subsidiary of Employer C. Employees of Em-
ployer B participated in Plan C, a qualified defined
contribution plan sponsored by Employer C. Follow-
ing Employer A’s review of Plan C, Employer A and
Employer C agreed that Plan A would accept a trans-
fer of plan assets attributable to the account balances
of the employees of Employer B who had participated
in Plan C. As part of this agreement, Employer C rep-
resented to Employer A that Plan C is tax qualified.
Employers A and C also agreed that such transfer
would be in accordance with § 414(l) and § 1.414(l)–1
and addressed issues related to costs associated with
the transfer. Following the transaction, the employ-
ees of Employer B began participation in Plan A. Ef-
fective July 1, 2003, Plan A accepted the transfer
of plan assets from Plan C. After the transfer, Em-
ployer A determined that all the participants in one di-
vision of Employer B had been incorrectly excluded
from allocation of the profit sharing contributions for
the 1998 and 1999 plan years. During 2004, Em-
ployer A made corrective contributions on behalf of
the affected participants. The corrective contribu-
tions were credited with earnings at a rate appropri-
ate for the plan from the date the corrective contri-
bution should have been made to the date of correc-
tion and Employer A otherwise complied with the re-
quirements of SCP. Under these facts, Employer A
has, within the correction period, corrected the Op-
erational Failures for the 1998 and 1999 plan years
with respect to the assets transferred to Plan A, and
thus satisfied the requirements of this section 9.
PART V. VOLUNTARY CORRECTION
PROGRAM WITH SERVICE
APPROVAL (VCP)
SECTION 10. VCP PROCEDURES
.01VCP requirements. The require-
mentsofthissection10aresatisfiedwith
respect to failures submitted in accordance
with the requirements of this section 10
if the Plan Sponsor pays the compliance
fee required under section 12 and imple-
ments the corrective actions and satisfies
any other conditions in the compliance
statement described in section 10.08.
.02Identification of failures.VCPis
not based upon an examination of the plan
by the Service. Only the failures raised
by the Plan Sponsor or failures identified
by the Service in processing the applica-
tion are addressed under VCP, and only
those failures will be covered by the VCP
compliance statement. The Service will
not make any investigation or finding un-
der VCP concerning whether there are fail-
ures.
.03Effect of VCP submission on exam-
ination. Because VCP does not arise out
of an examination, consideration under
VCP does not preclude or impede (under
§ 7605(b) or any administrative provisions
adopted by the Service) a subsequent ex-
amination of the Plan Sponsor or the plan
by the Service with respect to the taxable
year (or years) involved with respect to
matters that are outside the compliance
statement. However, a Plan Sponsor’s
statements describing failures are made
only for purposes of VCP and will not be
regarded by the Service as an admission
of a failure for purposes of any subsequent
examination. See section 5.03 for the def-
inition of Under Examination.
.04No concurrent examination activ-
ity. Except in unusual circumstances, a
plan that has been properly submitted un-
der VCP will not be examined while the
submission is pending. Notwithstanding
the above, a plan that is eligible for a Group
May 30, 20069612006–22 I.R.B.

Submission under section 10.11 may be
examined while the Group Submission is
pending with respect to issues not identi-
fied in the Group Submission at the time
such plan comes Under Examination. In
addition, if it is determined that either the
plan or the Plan Sponsor was, or may have
been a party to an abusive tax avoidance
transaction (as defined in section 4.13(2)),
the Service may authorize the examination
of the plan, even if a submission pursuant
to VCP is pending. This practice regarding
concurrent examinations does not extend
to other plans of the Plan Sponsor. Thus,
any plan of the Plan Sponsor that is not
pending under VCP could be subject to ex-
amination.
.05Determination letter application for
plan amendments related to a VCP submis-
sion. In any case in which a determina-
tion letter is submitted pursuant to section
4.06, the Plan Sponsor must submit a copy
of the amendment, the appropriate appli-
cation form (i.e., Form 5300 series), and
the appropriate user fee concurrently and
to the same address as the VCP submis-
sion. The user fee for the determination
letter application and the fee for the VCP
submission must be submitted on separate
checks made payable tothe U.S. Treasury.
See section 11.12 for the VCP mailing ad-
dress.
.06Determination letter applications
not related to a VCP submission.(1)
The Service may process a determina-
tion letter application submitted under the
determination letter program (including
an application requested on Form 5310)
concurrently with a VCP submission for
the same plan. However, issuance of the
determination letter in response to an ap-
plication made on aForm 5310 will be
suspended pending the closure of the VCP
submission.
(2) A submission of a plan under the de-
termination letter program does not consti-
tute a submission under VCP. If the Plan
Sponsor discovers a Qualification Failure,
the Qualification Failure may not be cor-
rected as part of the determination letter
process. The Plan Sponsor may use SCP
and VCP instead, as applicable. If the Ser-
vice in connection with a determination
letter application discovers a Qualification
Failure, the Service may issue a closing
agreement with respect to the failures iden-
tified or, if appropriate, refer the case to
Employee Plans Examinations. In either
case, the fee structure in section 12, relat-
ing to VCP will not apply. Except as pro-
vided in section 10.06(3), the fee structure
in section 14 relating to Audit CAP will ap-
ply. See section 5.03(3) for a description of
when a plan submitted for a determination
letter is considered to be Under Examina-
tion.
(3)IftheServiceinconnectionwitha
determination letter application discovers
the plan has not been amended timely for
tax legislation changes, the fee structure in
section 14.04 will apply.
.07Processing of submission.(1)
Screening of submission. Upon receipt
of a submission under VCP, the Service
will review whether the eligibility require-
ments of section 4 and the submission
requirements of section 11 are satisfied.
(2)Eligibility of submission. If, at any
stage of the review process, the Service
determines that a VCP submission is se-
riously deficient or that the application of
VCP would be inappropriate or impracti-
cal, the Service reserves the right to return
the submission, including any compliance
fee, without contacting the Plan Sponsor.
(3)Review of submission.Oncethe
Service determines that the submission
is complete under VCP, the Service will
consult with the Plan Sponsor or the Plan
Sponsor’s representative to discuss the
proposed corrections and the plan’s ad-
ministrative procedures.
(4)Additional information required.If
additional information is required, a Ser-
vice representative will generally contact
the Plan Sponsor or the Plan Sponsor’s
representative and explain what is needed
to complete the submission. The Plan
Sponsor will have 21 calendar days from
the date of this contact to provide the re-
quested information. If the information is
not received within 21 days, the matter will
be closed, the compliance fee will not be
returned, and the case may be referred to
Employee Plans Examinations. Any re-
quest for an extension of the 21-day time
period must be made in writing within the
21-day time period and must be approved
by the Service (by the applicable group
manager).
(5)Additional failures discovered after
initial submission. (a) A Plan Sponsor that
discovers additionalunrelated Qualifica-
tion or 403(b) Failures after its initial sub-
mission may request that such failures be
added to its submission. However, the Ser-
vice retains the discretion to reject the in-
clusion of such failures if the request is not
timely; for example, if the Plan Sponsor
makes its request when processing of the
submission is substantially complete.
(b) If the Service discovers an unrelated
Qualification or 403(b) Failure while the
request is pending, the failure generally
will be added to the failures under con-
sideration. However, the Service retains
the discretion to determine that a failure is
outside the scope of the voluntary request
for consideration because the Plan Spon-
sor did not voluntarily bring it forward. In
this case, if the additional failure is signif-
icant, all aspects of the plan may be exam-
ined and the rules pertaining to Audit CAP
will apply.
(6)Conference right.IftheServiceini-
tially determines that it cannot issue a com-
pliance statement because the parties can-
not agree upon correction or a change in
administrative procedures, the Plan Spon-
sor (generally through the Plan Sponsor’s
representative) will be contacted by the
Service representative and offered a con-
ference with the Service. The conference
can be held either in person or by telephone
and must be held within 21 calendar days
of the date of contact. The Plan Sponsor
will have 21 calendar days after the date of
the conference to submit additional infor-
mation in support of the submission. Any
request for an extension of the 21-day time
period must be made in writing within the
21-day time period and must be approved
by the Service (by the applicable group
manager). Additional conferences may be
held at the discretion of the Service.
(7)Failure to reach resolution.Ifthe
Service and the Plan Sponsor cannot reach
agreement with respect to the submission,
the matter will be closed, the compliance
fee will not be returned, and the case may
be referred to Employee Plans Examina-
tions. In the case of an Anonymous Sub-
mission that fails to reach resolution under
this revenue procedure, the Service will re-
fund 50% of the applicable VCP fee. See
section 12.01 for the VCP fee.
(8)Issuance of compliance statement.
If agreement is reached, the Service will
send to the Plan Sponsor a compliance
statement specifying the corrective action
required. If the original submission is
subsequently materially modified, then,
unless the Plan Sponsor has submitted a
penalty of perjury statement with respect
2006–22 I.R.B.962May 30, 2006

to such subsequent modifications, the
Plan Sponsor will be required to sign the
compliance statement. In such case, the
Service will send to the Plan Sponsor an
unsigned compliance statement specifying
the corrective action required. Within 30
calendar days of the date the compliance
statement is sent, a Plan Sponsor must sign
the compliance statement and return it and
any compliance fee required to be paid at
the time that the compliance statement is
signed (see section 11.05). The Service
will then issue a signed copy of the compli-
ance statement to the Plan Sponsor. If the
Plan Sponsor does not sign the compliance
statement and send it to the Service (with
a compliance fee, if applicable) within 30
calendar days, the plan may be referred to
Employee Plans Examinations.
(9)Timing of correction.ThePlan
Sponsor must implement the specific cor-
rections and administrative changes set
forth in the compliance statement within
150 days of the date of the compliance
statement. Any request for an extension
of this time period must be made prior to
the expiration of the correction period and
in writing and must be approved by the
Service.
(10)Modification of compliance state-
ment. Once the compliance statement has
been issued (based on the information pro-
vided), the Plan Sponsor cannot request a
modification of the compliance terms ex-
cept by a new request for a compliance
statement. However, if the requested mod-
ification is minor and is postmarked no
later than 30 days after the compliance
statement is issued, the compliance fee for
the modification will be the lesser of the
original compliance fee or $3,000.
(11)Verification. Once the compliance
statement has been issued, the Service
may require verification that the correc-
tion methods have been complied with and
that any plan administrative procedures re-
quired by the compliance statement have
been implemented. This verification does
not constitute an examination of the books
and records of the employer or the plan
(within the meaning of § 7605(b)). If the
Service determines that the Plan Sponsor
did not implement the corrections and pro-
cedures within the stated time period, the
plan may be referred to Employee Plans
Examinations.
.08Compliance statement.(1)General
description of compliance statement.The
compliance statement issued for a VCP
submission addresses the failures identi-
fied, the terms of correction, including any
revision of administrative procedures, and
the time period within which proposed cor-
rections must be implemented, including
any changes in administrative procedures.
The compliance statement also provides
that the Service will not treat the plan as
failing to satisfy the applicable require-
ments of the Code on account of the fail-
ures described in the compliance statement
if the conditions of the compliance state-
ment are satisfied. Unless a determina-
tion letter application is included with a
VCP submission for an on-cycle or ter-
minating plan in accordance with section
4.06, with respect to a failure to amend a
plan timely for (a) good faith plan amend-
ments for the Economic Growth and Tax
Relief Reconciliation Act of 2001, Pub. L.
107–16 (EGTRRA), within the period de-
scribed in Notice 2001–42 including those
changes listed in Notice 2005–5, (b) plan
amendments for the final and temporary
regulations under § 401(a)(9) as they ap-
peared in the April 1, 2003, edition of 26
CFR Part 1 (the § 401(a)(9) final and tem-
porary regulations) within the period de-
scribed in Rev. Proc. 2002–29 as modi-
fied by Rev. Proc. 2003–10, and (c) in-
terim amendments as provided in section
5 of Rev. Proc. 2005–66, the issuance of
a compliance statement will result in the
corrective amendments being treated as if
they had been adopted timely for the pur-
pose of determining the availability of the
remedial amendment period currently de-
scribed in Rev. Proc. 2005–66. How-
ever, the issuance of such a compliance
statement will not constitute a determina-
tion as to whether the plan amendment as
drafted complies with the change in quali-
fication requirement. Where current pro-
cedures are inadequate for operating the
plan in conformance with the applicable
requirements of the Code, the compliance
statement will be conditioned upon the im-
plementation of stated administrative pro-
cedures. The Service may prescribe ap-
propriate administrative procedures in the
compliance statement.
(2)Compliance statement conditioned
upon timely correction. The compliance
statement is conditioned on (i) there being
no misstatement or omission of material
facts in connection with the submission
and (ii) the implementation of the specific
corrections and satisfaction of any other
conditions in the compliance statement.
(3)Authority delegated. Compliance
statements (including relief from any ex-
cise tax as provided under section 6.09) are
authorized to be signed by Area Managers
reporting to the Director, Employee Plans
Examinations, and managers within Em-
ployee Plans Rulings and Agreements, un-
der the Tax Exempt and Government Enti-
ties Operating Division of the Service.
.09Effect of compliance statement on
examination. The compliance statement is
binding upon both the Service and the Plan
Sponsor or Eligible Organization (as de-
finedinsection10.11(2))withrespectto
the specific tax matters identified therein
for the periods specified, but does not pre-
clude or impede an examination of the plan
by the Service relating to matters outside
the compliance statement, even with re-
spect to the same taxable year or years to
which the compliance statement relates.
.10Special rules relating to Anony-
mous (John Doe) Submissions.(1)The
Anonymous Submission procedure in
this section 10.10 permits submission of
Qualified Plans, 403(b) Plans, SEPs and
SIMPLE IRA Plans under VCP without
initially identifying the applicable plan(s),
the Plan Sponsor(s), or the Eligible Or-
ganization. The requirements of this rev-
enue procedure relating to VCP, including
sections 10, 11, and 12, apply to these
submissions. However, information iden-
tifying the plan or the Plan Sponsor may
be redacted (and the power of attorney
statement and the penalty of perjury state-
ment need not be included with the initial
submission). In addition, if a determina-
tion letter application will be requested as
part of the submission, the determination
letter application should not be submitted
until the time all identifying information
is provided to the Service. For purposes
of processing the submission, the State
of the Plan Sponsor must be identified
in the initial submission. All anonymous
submissions must be numbered or labeled
on the first page of the VCP submission
by the plan sponsor or its representative
to facilitate identification and tracking of
the submission. The identification num-
ber should be unique to the submission
and should not be used with respect to
any other anonymous submission of the
plan sponsor or representative. Once the
Service and the plan representative reach
May 30, 20069632006–22 I.R.B.

agreement with respect to the submission,
the Service will contact the plan repre-
sentative in writing indicating the terms
of the agreement. The Plan Sponsor will
have 21 calendar days from the date of the
letter of agreement to identify the plan and
Plan Sponsor. If the Plan Sponsor does not
submit the identifying material (including
the power of attorney statement and the
penalty of perjury statement) within 21
calendar days of the letter of agreement,
the matter will be closed and the compli-
ance fee will not be returned.
(2) Notwithstanding section 10.04, un-
til the plan(s) and Plan Sponsor(s) are iden-
tified to the Service, a submission under
this subsection does not preclude or im-
pede an examination of the Plan Sponsor
or its plan(s). Thus, a plan submitted un-
der the Anonymous Submission procedure
that comes Under Examination prior to the
date the plan(s) and Plan Sponsor(s) identi-
fying materials are received by the Service
will no longer be eligible under VCP.
.11Special rules relating to Group Sub-
missions.(1)General rules. An Eligible
Organization may submit a VCP request
for a Qualified Plan, a 403(b) Plan, a SEP,
or a SIMPLE IRA Plan under a Group Sub-
mission for Plan Document, Operational
and Employer Eligibility Failures. If a
Sponsor of a master or prototype plan sub-
mits failures with respect to more than one
master or prototype plan, each plan will be
treated as a separate submission and a sep-
arate fee must be submitted for each pro-
totype plan. Similarly, if a Volume Sub-
mitter practitioner submits failures with re-
spect to more than one Volume Submitter
plan, each plan will be treated as a sepa-
rate submission and a separate fee must be
submitted for each specimen plan.
(2)Eligible Organizations. For pur-
poses of a Group Submission, the term
“Eligible Organization” means either (a)
a Sponsor (as that term is defined in sec-
tion 4.07 of Rev. Proc. 2005–16, 2005–10
I.R.B. 674) of a master or prototype plan,
(b) a Volume Submitter practitioner, as that
term is defined in section 13.04 of Rev.
Proc. 2005–16, (c) an insurance company
or other entity that has issued annuity con-
tracts or provides services with respect to
assets for 403(b) Plans, or (d) an entity
that provides its clients with administrative
services with respect to Qualified Plans,
403(b) Plans, SEPs or SIMPLE IRA Plans.
An Eligible Organization is not eligible to
make a Group Submission unless the sub-
mission includes a failure resulting from a
systemic error involving the Eligible Or-
ganization that affects at least 20 plans and
that result in at least 20 plans implement-
ing correction. If, at any time before the
Service issues the compliance statement,
the number of plans falls below 20, the Eli-
gible Organization must notify the Service
that it is no longer eligible to make a Group
Submission (and the compliance fee may
be retained).
(3)Special Group Submission proce-
dures. (a) In general, a Group Submission
is subject to the same procedures as any
VCP submission in accordance with sec-
tions 10 and 11, except that the Eligible
Organization is responsible for perform-
ing the procedural obligations imposed on
the Plan Sponsor under sections 10 and 11.
See section 11.02(15) for a special sub-
mission requirement with respect to Group
Submissions.
(b) The Eligible Organization must pro-
vide notice to all Plan Sponsors of the
plans included in the Group Submission.
Thenoticemustbeprovidedatleast90
days before the Eligible Organization pro-
vides the Service with the information re-
quired in section 10.11(3)(c). The purpose
of the notice is to provide each Plan Spon-
sorwithinformationrelatingtotheGroup
Submission request. The notice should ex-
plain the reason for the Group Submis-
sion and inform the Plan Sponsor that the
Plan Sponsor’s plan will be included in the
Group Submission unless the Plan Spon-
sor responds within the 90-day period to
exclude the Plan Sponsor’s plan from the
Group Submission.
(c) When an Eligible Organization re-
ceives an unsigned compliance statement
on the proposed correction and agrees to
the terms of the compliance statement, the
Eligible Organization must return to the
Service within 120 calendar days not only
the signed compliance statement and any
additional compliance fee under section
12.05, but also a list containing (i) the em-
ployers’ tax identification numbers for the
Plan Sponsors of the plans to which the
compliance statement may be applicable,
(ii) the plans by name, plan number, type
of plan and number of plan participants,
(iii) a certification that each Plan Spon-
sor received notice of the Group Submis-
sion, and (iv) a certification that each Plan
Sponsor timely filed the Form 5500 return
for each plan. This list can be submit-
ted at any stage of the submission process
provided that the requirements of section
10.11(3)(b) have been satisfied. Appli-
cants are encouraged to submit the list on
a computer disk in Microsoft Word. Only
those plans for which correction is actu-
ally made within 240 calendar days of the
date of the signed compliance statement
(or within such longer period as may be
agreed to by the Service at the request of
the Eligible Organization) will be covered
by the compliance statement.
(d) Notwithstanding section 4.02, if a
Plan Sponsor of a plan that is eligible to be
included in the Group Submission is noti-
fied of an impending Employee Plans ex-
amination after the Eligible Organization
filed the Group Submission application,
the Plan Sponsor’s plan will be included in
the Group Submission. However, with re-
spect to such plan, the Group Submission
will not preclude or impede an examina-
tion of the plan with respect to any failures
not identified in the Group Submission ap-
plication at the time the plan comes Under
Examination.
.12Multiemployer and multiple em-
ployer plans. (1) In the case of a multiem-
ployer or multiple employer plan, the plan
administrator (rather than any contributing
or adopting employer) must request con-
sideration of the plan under the programs.
The request must be with respect to the
plan, rather than a portion of the plan af-
fecting any particular employer.
(2)IfaVCPsubmissionforamulti-
employer or multiple employer plan has
failures that apply to fewer than all of the
employers under the plan, the plan admin-
istrator may choose to have the compli-
ance fee (in section 12) or sanction (in sec-
tion 14) calculated separately for each em-
ployer based on the assets attributable to
that employer, rather than being attribut-
able to the assets of the entire plan. Thus,
the plan administrator may choose to ap-
ply the provisions of this paragraph where
the failure is attributable in whole or in part
to data, information, actions, or inactions
that are within the control of the employ-
ers rather than the multiemployer or mul-
tiple employer plan (such as attribution in
whole or in part to the failure of a employer
to provide the plan administrator with full
and complete information).
2006–22 I.R.B.964May 30, 2006

SECTION 11. APPLICATION
PROCEDURES FOR VCP
.01General rules. The requirements
of this section 11 are satisfied if the re-
quest for a compliance statement from the
Service under VCP satisfies the informa-
tional and other requirements of this sec-
tion 11. In general, a request under VCP
consists of a letter from the Plan Sponsor
(which may be a letter from the Plan Spon-
sor’s representative) or Eligible Organiza-
tion (or representative) to the Service that
contains a description of the failures, a de-
scription of the proposed methods of cor-
rection, and other procedural items, and in-
cludes supporting information and docu-
mentation as described below. If the sole
failure involves the failure by the Plan
Sponsor to amend a plan timely for (a)
good faith plan amendments for EGTRRA,
(b) plan amendments for the final and tem-
porary regulations under § 401(a)(9) or (c)
interim amendments, then the Plan Spon-
sor may follow the streamlined submis-
sion procedure described in Appendix F.
In such circumstance, a complete submis-
sion pursuant to Appendix F will satisfy
the submission requirements provided be-
low.
.02Submission requirements. The letter
from the Plan Sponsor or the Plan Spon-
sor’s representative must contain the fol-
lowing:
(1) A statement identifying the type
of plan submitted (e.g., Qualified Plan,
403(b) Plan, SEP, or SIMPLE IRA Plan)
and, if applicable, whether the submission
is a Group Submission, an Anonymous
Submission, a nonamender submission,
a multiemployer or multiple employer
plan submission, or an Orphan Plan sub-
mission. In addition, if the submission
involves a Qualified Plan, the statement
should also identify the type of Qualified
Plan being submitted (e.g., Defined Ben-
efit, Money Purchase, Profit Sharing, or
Stock Bonus, and 401(k) or ESOP).
(2) A complete description of the fail-
ures, the years in which the failures oc-
curred, including closed years (that is,
years for which the statutory period has
expired), and the number of employees
affected by each failure.
(3) A description of the administrative
procedures in effect at the time the failures
occurred.
(4)Anexplanationofhowandwhythe
failures arose.
(5) A detailed description of the method
for correcting the failures that the Plan
Sponsor has implemented or proposes to
implement. Each step of the correction
method must be described in narrative
form. The description must include the
specific information needed to support the
suggested correction method. This infor-
mation includes, for example, the number
of employees affected and the expected
cost of correction (both of which may be
approximated if the exact number cannot
be determined at the time of the request),
the years involved, and calculations or
assumptions the Plan Sponsor used to
determine the amounts needed for correc-
tion.
(6) A description of the methodology
that will be used to calculate earnings or
actuarial adjustments on any corrective
contributions or distributions (indicating
the computation periods and the basis
for determining earnings or actuarial ad-
justments, in accordance with section
6.02(4)).
(7) Specific calculations for each af-
fected employee or a representative sam-
ple of affected employees. The sample
calculations must be sufficient to demon-
strate each aspect of the correction method
proposed. For example, if a Plan Spon-
sor requests a compliance statement with
respect to a failure to satisfy the contri-
bution limits of § 415(c) and proposes a
correction method that involves elective
contributions (whether matched or un-
matched) and matching contributions, the
Plan Sponsor must submit calculations il-
lustrating the correction method proposed
with respect to each type of contribution.
As another example, with respect to a fail-
ure to satisfy the ADP test in § 401(k)(3),
the Plan Sponsor must submit the ADP
test results both before the correction and
after the correction.
(8) The method that will be used to lo-
cate and notify former employees and ben-
eficiaries, or an affirmative statement that
no former employees or beneficiaries were
affected by the failures or will be affected
by the correction.
(9) A description of the measures that
have been or will be implemented to en-
sure that the same failures will not recur.
(10) A statement that, to the best of
the Plan Sponsor’s knowledge, neither the
plan nor the Plan Sponsor is Under Exam-
ination.
(11) A statement that neither the plan
nor the Plan Sponsor has been a party to an
abusive tax avoidance transaction (as de-
fined in section 4.13(2)) or a brief identifi-
cation of any abusive tax avoidance trans-
action to which the plan or the Plan Spon-
sor has been a party.
(12) If a submission includes a failure
that relates to Transferred Assets and the
failure occurred prior to the transfer, a de-
scription of the transaction (including the
dates of the employer change and the plan
transfer).
(13) A statement (if applicable) that the
plan is currently being considered in a de-
termination letter application that is not re-
lated to the VCP application. If the request
for a determination letter is made while
a request for consideration under VCP is
pending, the Plan Sponsor must update the
VCP request to add this information.
(14) In the case of a 403(b) Plan submis-
sion, a statement that the Plan Sponsor has
contacted all other entities involved with
the plan and has been assured of cooper-
ation in implementing the applicable cor-
rection, to the extent necessary. For exam-
ple, if the plan’s failure is the failure to sat-
isfy the requirements of § 403(b)(1)(E) on
elective deferrals, the Plan Sponsor must,
prior to making the VCP application, con-
tact the insurance company or custodian
with control over the plan’s assets to as-
sure cooperation in effecting a distribution
of the excess deferrals and the earnings
thereon. An application under VCP must
also contain a statement as to the type of
employer (e.g., a tax-exempt organization
described in § 501(c)(3)) submitting the
VCP application.
(15) A Group Submission must be
signed by the Eligible Organization or the
Eligible Organization’s authorized rep-
resentative and accompanied by a copy
of the relevant portions of the plan docu-
ment(s). In addition, a Group Submission
must include a separate page for each af-
fected Plan Sponsor that provides the Plan
Sponsor’s name, EIN, plan name, and
failure(s).
.03Required documents. A VCP sub-
mission must be accompanied by the fol-
lowing documents:
(1)Form 5500 or similar information.
(a) In the case of a plan required to file
Form 5500, a copy of the first three pages
May 30, 20069652006–22 I.R.B.

of the most recently filed Form 5500 series
return and the applicable Financial Infor-
mation Schedule. In the case of a termi-
nated plan, the Form 5500 must be the one
filed for the plan year prior to the plan year
for which the Final Form 5500 return was
filed.
(b) In the case of any plan not re-
quired to file Form 5500,e.g., a gov-
ernmental plan, nonelecting church plan,
SEP, SIMPLE IRA Plan, or an applicable
403(b) plan, the information that generally
would be included on the first three pages
of Form 5500, including the name and
number of the plan, the Plan Sponsor’s
EIN, and the amount of plan assets to the
extent that the information is available to
the Plan Sponsor.
(c) In the case of an Anonymous Sub-
mission, the employee census may be
redacted and replaced by numbers that are
rounded up.
(2)Plan document. A copy of the entire
plan document or the relevant portions of
the plan document. For example, in a case
involving an improper exclusion of eligi-
ble employees from a profit-sharing plan
with a cash or deferred arrangement, rele-
vant portions of the plan document include
the eligibility, allocation, and cash or de-
ferred arrangement provisions of the ba-
sic plan document (and the adoption agree-
ment, if applicable), along with applica-
ble definitions in the plan. If the plan is
a 403(b) Plan and a plan document is not
available, a written description of the plan
should be submitted, with sample salary
reduction agreements if relevant. In the
case of a SEP and a SIMPLE IRA Plan, the
entire plan document should be submitted.
(3)Determination letter application.In
any case in which correction of a Qualifi-
cation Failure is made by plan amendment,
as permitted under section 4.05, other than
the adoption of an amendment designated
by the Service as a model amendment or
the adoption of a prototype or volume sub-
mitter plan for which the Plan Sponsor
has reliance on the plan’s opinion or ad-
visory letter as provided in Rev. Proc.
2006–6, 2006–1 I.R.B. 204, and the Plan
Sponsor is submitting a determination let-
ter request as permitted under section 4.06,
the Plan Sponsor must submit a copy of
the amendment, the appropriate applica-
tion form (i.e., Form 5300 series) to the ex-
tent required by section 4.06, and the ap-
propriate user fee concurrently and to the
same address as the VCP submission. The
user fee for the determination letter appli-
cation and the fee for the VCP submis-
sion must be submitted on separate checks
made payable to the U.S. Treasury. See
section 11.12 for the VCP mailing address.
.04Date fee due generally. Except as
provided in sections 11.05 and 12.02(3),
the VCP fee under section 12 and, if ap-
plicable, the determination letter user fee,
must be included with the submission. The
VCP fee and the determination letter user
fee must be submitted on separate checks
made payable to the U.S. Treasury. If
the appropriate fees are not included in
the submission, the submission will be re-
turned.
.05Additional fee due for SEPs,
SIMPLE IRA Plans, and Group Submis-
sions.InthecaseofaSEP,aSIMPLEIRA
Plan, or a Group Submission, the initial
fee described in section 12.02, 12.04, or
12.05 must be included in the submission
and any additional fee is due at the time
the compliance statement is signed by the
Plan Sponsor and returned to the Service,
or when agreement has been reached be-
tween the Service and the Plan Sponsor
regarding correction of the failure(s).
.06Signed submission. The submission
must be signed by the Plan Sponsor or the
sponsor’s authorized representative.
.07Power of attorney requirements.To
sign the submission or to appear before
the Service in connection with the sub-
mission, the Plan Sponsor’s representa-
tive must comply with the requirements of
section 9.02(11) and (12) of Rev. Proc.
2006–4, 2006–1 I.R.B. 132, and submit
Form 2848,Power of Attorney and Dec-
laration of Representative. A Form 2848
that designates a representative not quali-
fied to sign Part II of the Form 2848,e.g.,
an unenrolled return preparer, will not be
accepted. A Plan Sponsor may authorize
an individual, such as an unenrolled return
preparer, to inspect or receive confidential
information using Form 8821,Tax Infor-
mation Authorization(See Form 8821 and
Instructions.)
.08Penalty of perjury statement.The
following declaration must accompany
a request and any factual information or
change in the submission at a later time:
“Under penalties of perjury, I declare
that I have examined this submission,
including accompanying documents,
and, to the best of my knowledge and
belief, the facts presented in support
of this submission are true, correct,
and complete.”The declaration must be
signed by the Plan Sponsor, not the Plan
Sponsor’s representative.
.09Checklist. The Service will be able
to respond more quickly to a VCP request
if the request is carefully prepared and
complete. The checklist in Appendix C is
designed to assist Plan Sponsors and their
representatives in preparing a submission
that contains the information and docu-
ments required under this revenue proce-
dure. The checklist in Appendix C must be
completed, signed, and dated by the Plan
Sponsor or the Plan Sponsor’s representa-
tive. A photocopy of this checklist may be
used.
.10Designation. The letter to the Ser-
vice should indicate in the upper right hand
corner of the letter the type of plan sub-
mitted under VCP, a Qualified Plan, 403(b)
Plan, SEP, or SIMPLE IRA Plan. In addi-
tion, if the submission is a Group Submis-
sion, an Anonymous Submission, a non-
amender submission, a multiemployer or
multiple employer plan submission, or an
Orphan Plan submission, the letter should
so indicate.
.11Acknowledgement Letter.TheSer-
vice will acknowledge receipt of a VCP
submission if the Plan Sponsor or the Plan
Sponsor’s representative completes the
Acknowledgement Form in Appendix E
and includes it in the submission. A pho-
tocopy of Appendix E may be used.
.12VCP mailing address.AllVCP
submissions and accompanying determi-
nation applications, if applicable, should
be mailed to:
Internal Revenue Service
Attention: SE:T:EP:RA:VC
P.O. Box 27063
McPherson Station
Washington, D.C. 20038
.13Maintenance of copies of submis-
sions. Plan Sponsors and their represen-
tatives should maintain copies of all cor-
respondence submitted to the Service with
respect to their VCP requests.
.14Assembling the submission.The
Service will be able to process a submis-
sion more quickly if the submission pack-
age contains all of the items required by the
2006–22 I.R.B.966May 30, 2006

Appendix C check list and is assembled in
the following order:
(1) If applicable, Form 8717,User Fee
for Employee Plan Determination Letter
Request, and the check for the determi-
nation letter user fee made payable to the
U.S. Treasury.
(2) Determination letter application
(i.e., Form 5300 series form), if applicable
(3)SubmissionsignedbythePlan
Sponsor or Plan Sponsor’s authorized
representative, with a check for the VCP
fee made payable to the U.S. Treasury
attached to the front of the submission
letter. The submission should include the
following:
•Type of plan (or group of plans) being
submitted
•Description of the failures (if the fail-
ures relate to Transferred Assets, in-
clude a description of the related em-
ployer transaction)
•An explanation of how and why the
failures arose
•Description of the method for cor-
recting failures, including earnings
methodology (if applicable) and sup-
porting computations (if applicable)
•Description of the method used to lo-
cate or notify former employees af-
fected by the failures or corrections. If
no former employees are affected by
the failures or corrections, then the let-
ter should affirmatively state that posi-
tion when addressing this issue.
•Description of the administrative pro-
cedures that have been or will be im-
plemented to ensure that the failures do
not recur
•Whether a request that participant
loans corrected under this revenue
procedure not be treated as distri-
butions §72(p) is being made and
supporting rationale for such request.
Alternatively, whether a request that
participant loans corrected under this
revenue procedure should be treated as
distributions in the year of correction
is being made and supporting rationale
for such request.
•Whether relief from imposition of the
excise taxes under §§ 4972, 4974 or
4979 is being requested, and the sup-
porting rationale for such relief
•IftheplanisanOrphanPlan,whether
relief from the VCP application fee is
being requested, and the supporting ra-
tionale for such relief
•A statement on whether the plan is be-
ing considered in an unrelated determi-
nation letter application (if applicable)
•Statement that the plan is not Under
Examination
•Statement that the Plan Sponsor is not
under an Exempt Organizations exam-
ination
•A statement that neither the plan nor
the Plan Sponsor has been a party to an
abusive tax avoidance transaction (as
defined in section 4.13(2)) or a brief
identification of any abusive tax avoid-
ance transaction to which the plan or
the Plan Sponsor has been a party.
•Penalty of perjury statement
(4) Completed and signed Appendix C
checklist
(5) Appendix E acknowledgement let-
ter
(6)Power of Attorney(Form 2848)
orTax Information Authorization(Form
8821), if applicable
(7) Form 5500, (first three pages
and the applicable Financial Informa-
tion Schedule) or equivalent information
(8) Copy of opinion or determination
letter (if applicable)
(9) Relevant plan document language
or plan document (if applicable)
(10) Any other items that may be rele-
vant to the submission
SECTION 12. VCP FEES
.01VCP fees. The compliance fees for
all submissions under VCP are determined
under this section 12. All fees must be sub-
mitted by check made payable to the U.S.
Treasury and, except for the special fees
described in sections 12.04 and 12.05(2),
must be included with the initial submis-
sion.
.02VCP fee for Qualified Plans and
403(b) Plans. (1) Subject to section
12.02(2), the compliance fee for a sub-
mission under VCP for Qualified Plans
and 403(b) Plans (including Anonymous
Submissions) is determined in accordance
with the following chart.
Number of ParticipantsFee
20 or fewer
$750
21 to 50
$1,000
51 to 100
$2,500
101 to 500
$5,000
501 to 1,000
$8,000
1,001 to 5,000
$15,000
5,001 to 10,000
$20,000
Over 10,000
$25,000
(2) If (a) the VCP submission involves
the failure to satisfy the minimum distribu-
tion requirements of § 401(a)(9) for 50 or
fewer participants, (b) such failure is the
only failure of the submission, and (c) the
failure would result in the imposition of the
excise tax under § 4974, the compliance
fee is $500.
(3) At the discretion of the Service, the
VCP fee may be waived in the case of a
terminating Orphan Plan. In such cases,
May 30, 20069672006–22 I.R.B.

the submission must include a request for
a waiver of the VCP fee.
.03VCP fee for nonamender failures.
In general, the compliance fee for plans
with a nonamender failure, as described
in section 4.06, is determined in accor-
dance with the chart in section 12.02. The
applicable fee for a VCP submission that
contains only nonamender failures is re-
duced by 50% if it is submitted within
a one-year period following the expira-
tion of the plan’s remedial amendment
period for complying with such changes.
Notwithstanding the above, the compli-
ance fee for a submission that contains
only a failure to amend the plan timely
with respect to (a) good faith plan amend-
ments for EGTRRA within the period
described in Notice 2001–42 including
those changes listed in Notice 2005–5,
(b) plan amendments for the § 401(a)(9)
final and temporary regulations within the
period described in Rev. Proc. 2002–29,
as modified by Rev. Proc. 2003–10, or (c)
interim amendments as provided in sec-
tion 5 of Rev. Proc. 2005–66 is $375.00.
.04VCP fee for Group Submission.The
compliance fee for a Group Submission
is based on the number of plans affected
by the failure as described in the compli-
ance statement. The initialfeeforthefirst
20 plans is $10,000. An additional fee is
due equal to the product of the number of
plans in excess of 20 multiplied by $250.
The maximum compliance fee for a Group
Submission is $50,000. If more than one
master or prototype plan is submitted as a
Group Submission, each master or proto-
type plan is considered a separate Group
Submission for purposes of the compli-
ance fee.
.05VCP fee for SEPs and SIMPLE IRA
Plans. (1) In general, the compliance fee
foraSEPoraSIMPLEIRAPlansubmis-
sion (including an Anonymous Submis-
sion) is $250. Notwithstanding the preced-
ing sentence, the Service reserves the right
to impose the fee schedule under section
12.02 or section 12.06 in appropriate cir-
cumstances.
(2) In any case in which a SEP or
SIMPLEIRAPlancorrectionisnotsim-
ilar to a correction for a similar Qualifi-
cation Failure (as provided under section
6.10(1)), the Service may impose an addi-
tional fee. If the failure involves an Excess
Amount to a SEP or a SIMPLE IRA Plan
and the Plan Sponsor retains the Excess
Amount in the SEP or SIMPLE IRA Plan,
a fee equal to at least 10 percent of the
Excess Amount excluding earnings will
be imposed. This is in addition to the SEP
or SIMPLE IRA Plan compliance fee set
forthinsection12.05(1).
.06VCP fee for egregious failures.
Notwithstanding the preceding provisions
of this section 12, in cases involving
failures that are egregious (as described
in section 4.08), the compliance fee for
Qualified Plans, 403(b) Plans, SEPs and
SIMPLE IRA Plans is the greater of (1)
the fee that would be determined under
the preceding provisions of this section
12, or (2) an amount equal to a negoti-
ated percentage of the Maximum Payment
Amount, such percentage not to exceed 40
percent.
.07Establishing the number of plan
participants. Compliance fees under this
section 12 are determined based on the
total number of plan participants. For a
description of participant, see the Instruc-
tions for Form 5500, lines 6 and 7. For
new plans and ongoing plans, the number
of plan participants is determined from
the most recently filed Form 5500 series.
Thus, with respect to the 2004 Form 5500,
the Plan Sponsor would use the number
shown in item 7f (or the equivalent item
on the Form 5500 C/R or EZ) to establish
the total number of plan participants. In
the case of a terminated plan, the Form
5500 used to determine the number of
plan participants must be the one filed for
the plan year prior to the plan year for
which the Final Form 5500 return was
filed. If the submission involves a plan
with Transferred Assets and no new in-
cidents of the failure occurred after the
end of the second plan year that begins
after the corporate merger, acquisition,
or other similar employer transaction, the
Plan Sponsor may calculate the number of
plan participants based on the Form 5500
information that would have been filed
by the Plan Sponsor for the plan year that
includes the employer transaction if the
Transferred Assets were maintained as a
separate plan.
PART VI. CORRECTION ON AUDIT
(AUDIT CAP)
SECTION 13. DESCRIPTION OF
AUDIT CAP
.01Audit CAP requirements.IftheSer-
vice identifies a Qualification or 403(b)
Failure (other than a failure that has been
corrected in accordance with SCP or VCP)
upon an Employee Plans or Exempt Orga-
nizations examination of a Qualified Plan,
403(b) Plan, SEP, or SIMPLE IRA Plan,
the requirements of this section 13 are sat-
isfied with respect to the failure if the Plan
Sponsor corrects the failure, pays a sanc-
tion in accordance with section 14, satis-
fies any additional requirements of section
13.03, and enters into a closing agreement
with the Service.
.02Payment of sanction. Payment of
the sanction under section 14 generally is
required at the time the closing agreement
is signed. All sanction amounts should be
submitted by certified check or cashier’s
check made payable to the U.S. Treasury.
.03Additional requirements. Depend-
ing on the nature of the failure, the Ser-
vice will discuss the appropriateness of
the plan’s existing administrative proce-
dures with the Plan Sponsor. If existing
administrative procedures are inadequate
for operating the plan in conformance with
the applicable requirements of the Code,
the closing agreement may be conditioned
upon the implementation of stated proce-
dures. In addition, for Qualified Plans,
pursuant to section 4.06, the Plan Sponsor
may be required to obtain a Favorable Let-
ter before the closing agreement is signed.
If a Favorable Letter is required, the Plan
Sponsor is required to pay the applicable
user fee for obtaining the letter.
.04Failure to reach resolution.Ifthe
Service and the Plan Sponsor cannot reach
an agreement with respect to the correc-
tion of the failure(s) or the amount of the
sanction, the plan will be disqualified or, in
the case of a 403(b) Plan, SEP, or SIMPLE
IRA Plan will not have reliance on this rev-
enue procedure.
.05Effect of closing agreement.Aclos-
ing agreement constitutes an agreement
between the Service and the Plan Spon-
sor that is binding with respect to the tax
matters identified therein for the periods
specified.
2006–22 I.R.B.968May 30, 2006

.06Other procedural rules. The proce-
dural rules for Audit CAP are set forth in
Internal Revenue Manual (“IRM”) 7.2.2,
EPCRS.
SECTION 14. AUDIT CAP SANCTION
.01Determination of sanction. Except
as otherwise provided in section 14.04,
the sanction under Audit CAP is a negoti-
ated percentage of the Maximum Payment
Amount. Sanctions will not be excessive
and will bear a reasonable relationship to
the nature, extent, and severity of the fail-
ures, based on the factors below.
.02Factors considered. Factors in-
clude: (1) the steps taken by the Plan
Sponsor to ensure that the plan had no
failures; (2) the steps taken to identify fail-
ures that may have occurred; (3) the extent
to which correction had progressed before
the examination was initiated, including
full correction; (4) the number and type of
employees affected by the failure; (5) the
number of nonhighly compensated em-
ployees who would be adversely affected
if the plan were not treated as qualified or
as satisfying the requirements of § 403(b),
§ 408(k) or § 408(p); (6) whether the fail-
ure is a failure to satisfy the requirements
of § 401(a)(4), § 401(a)(26), or § 410(b),
either directly or through § 403(b)(12);
(7) the period over which the failure(s)
occurred (for example, the time that has
elapsed since the end of the applicable re-
medial amendment period under § 401(b)
for a Plan Document Failure; and (8) the
reason for the failure(s) (for example,
data errors such as errors in transcription
of data, the transposition of numbers, or
minor arithmetic errors). Factors relating
only to Qualified Plans also include: (1)
whether the plan is the subject of a Fa-
vorable Letter; (2) whether the plan has
both Operational and other failures; (3)
the extent to which the plan has accepted
Transferred Assets, and the extent to which
the failure(s) relate to Transferred Assets
and occurred before the transfer; and (4)
whether the failure(s) were discovered
during the determination letter process.
If one of the failures discovered during
an Employee Plans examination includes
the failure to amend the plan timely for
relevant legislation, it is expected that
the sanction will be greater than the ap-
plicable fee described in section 14.04.
Additional factors relating only to 403(b)
Plans include: (1) whether the plan has
a combination of Operational, Demo-
graphic, or Employer Eligibility Failures;
(2) the extent to which the failure relates
to Excess Amounts; and (3) whether the
failure is solely an Employer Eligibility
Failure.
.03Transferred Assets. If the exam-
ination involves a plan with Transferred
Assets and the Service determines that no
new incidents of the failures that relate to
the Transferred Assets occur after the end
of the second plan year that begins after
the corporate merger, acquisition, or other
similar employer transaction, the sanction
under Audit CAP will not exceed the sanc-
tion that would apply if the Transferred As-
sets were maintained as a separate plan.
.04Fee for nonamenders discovered
during the determination letter application
process not related to a VCP submission.
(1) The compliance fee for nonamenders
(as defined in section 4.06) not voluntarily
identified by the Plan Sponsor, but instead
discovered by the Service in connection
with the determination letter application
process as described in section 5.03(3) is
determined in accordance with the chart
below. This fee schedule applies if the
only failure in the submission is the non-
amender failure.
(2) The acronyms listed in the chart re-
fer to the following laws:
(a) Employee Retirement Income Se-
curity Act of 1974 (ERISA),
(b) Tax Equity and Fiscal Responsibil-
ity Act of 1982 (TEFRA); Deficit Reduc-
tion Act of 1984 (DEFRA); and Retire-
ment Equity Act of 1984 (REA) together
(T/D/R),
(c) Tax Reform Act of 1986 (TRA
’86),
(d) Unemployment Compensation Act
of 1992 (UCA); Omnibus Budget and Rec-
onciliation Act of 1993 (OBRA ’93),
(e) The Uruguay Round Agreements
Act; the Uniformed Services Employment
and Reemployment Rights Act of 1994;
the Small Business Job Protection Act of
1996; the Taxpayer Relief Act of 1997;
the Internal Revenue Service Restructur-
ing and Reform Act of 1998; and the Com-
munity Renewal Tax Relief Act of 2000
(collectively known as “GUST”),
(f) Final and temporary regulations
under § 401(a)(9), 74 FR 18987, published
on April 17, 2002 (“401(a)(9) Regs”),
(g) The Economic Growth and
Tax Relief Reconciliation Act of 2001
(“EGTRRA”).
Number of
Participants
EGTRRA/
subsequent
legislation
GUST/
401(a)(9) Regs
UCA/
OBRA ’93TRA ’86T/D/RERISA
20 or less
$ 2,500$ 3,000$ 3,500$ 4,000$ 4,500$ 5,000
21–50
$ 5,000$ 6,000$ 7,000$ 8,000$ 9,000$10,000
51–100
$ 7,500$ 9,000$10,500$12,000$13,500$15,000
101–500
$12,500$15,000$17,500$20,000$22,500$25,000
501–1,000
$17,500$21,000$24,500$28,000$31,500$35,000
1,001–5,000
$25,000$30,000$35,000$40,000$45,000$50,000
5,001–10,000
$32,500$39,000$45,500$52,000$58,500$65,000
Over 10,000
$40,000$48,000$56,000$64,000$72,000$80,000
May 30, 20069692006–22 I.R.B.

PART VII. EFFECT ON OTHER
DOCUMENTS; EFFECTIVE DATE;
PAPERWORK REDUCTION ACT
SECTION 15. EFFECT ON OTHER
DOCUMENTS
.01Rev. Proc. 2003–44 modified and
superseded. Rev. Proc. 2003–44 is modi-
fied and superseded by this revenue proce-
dure.
SECTION 16. EFFECTIVE DATE
This revenue procedure is generally ef-
fective September 1, 2006. However, (1)
sections 11.11, 11.14, and 14.04 are effec-
tive on or after May 30, 2006, and (2) plan
sponsors are permitted, at their option, to
apply the provisions of this revenue proce-
dure on or after May 30, 2006.
Specifically, except in the case of (1)
above and unless a plan sponsor applies
the provisions of this revenue procedure
earlier, this revenue procedure is effective:
(a) with respect to SCP, for failures for
which correction is not complete before
September 1, 2006;
(b) with respect to VCP, for applications
submitted on or after September 1, 2006;
and
(c) with respect to Audit CAP, for ex-
aminations begun on or after September 1,
2006.
SECTION 17. PAPERWORK
REDUCTION ACT
The collection of information con-
tained in this revenue procedure has been
reviewed and approved by the Office
of Management and Budget in accor-
dance with the Paperwork Reduction Act
(44 U.S.C. 3507) under control number
1545–1673.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this
revenue procedure is in sections 4.05,
6.02(5)(d), 6.05, 10.01, 10.02, 10.05–.07,
10.10–10.12, 11.02–11.04, 11.06–11.14,
13.01, section 2.01–2.07 of Appendix
B, Appendix C, and Appendix E. This
information is required to enable the Com-
missioner, Tax Exempt and Government
Entities Division of the Internal Revenue
Service to make determinations regarding
the issuance of various types of closing
agreements and compliance statements.
This information will be used to issue
closing agreements and compliance state-
ments to allow individual plans to continue
to maintain their tax qualified and tax-de-
ferred status. As a result, favorable tax
treatment of the benefits of the eligible
employees is retained. The likely respon-
dents are individuals, state or local gov-
ernments, businesses or other for-profit
institutions, nonprofit institutions, and
small businesses or organizations.
The estimated total annual reporting or
recordkeeping burden is 76,222 hours.
The estimated annual burden per re-
spondent/recordkeeper varies from .5 to
45.5 hours, depending on individual cir-
cumstances, with an estimated average of
20.4 hours. The estimated number of re-
spondents or recordkeepers is 3,745.
The estimated frequency of responses is
occasional.
Books or records relating to a collection
of information must be retained as long
as their contents may become material 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 authors of this revenue
procedure are Avaneesh Bhagat and Louis
Leslie of the Tax Exempt and Govern-
ment Entities Division. For further in-
formation concerning this revenue proce-
dure, please contact the Employee Plans’
taxpayer assistance telephone service at
1–877–829–5500 between 8:30 a.m. and
6:30 p.m., Eastern Time, Monday through
Friday (a toll-free number). Mr. Bhagat
and Mr. Leslie may be reached at (202)
283–9888 (not a toll-free number).
APPENDIX A
OPERATIONAL FAILURES AND
CORRECTION METHODS
.01General rule. This appendix sets
forth Operational Failures and Correc-
tion Methods relating to Qualified Plans.
In each case, the method described cor-
rects the Operational Failure identified
in the headings below. Corrective allo-
cations and distributions should reflect
earnings and actuarial adjustments in ac-
cordance with section 6.02(4) of Rev.
Proc. 2006–27. The correction meth-
ods in this appendix are acceptable under
SCP and VCP. Additionally, the correc-
tion methods and the earnings adjustment
methods in Appendix B are acceptable un-
der SCP and VCP. To the extent a failure
listed in this appendix could occur under
a 403(b) Plan, a SEP or a SIMPLE IRA
Plan, the correction method listed for such
failure may be used to correct the failure.
.02Failuretoproperlyprovidethemin-
imum top-heavy benefit under § 416 to
non-key employees. In a defined contribu-
tion plan, the permitted correction method
is to properly contribute and allocate the
required top-heavy minimums to the plan
in the manner provided for in the plan
on behalf of the non-key employees (and
any other employees required to receive
top-heavy allocations under the plan). In
a defined benefit plan, the minimum re-
quired benefit must be accrued in the man-
ner provided in the plan.
.03Failure to satisfy the ADP test set
forth in § 401(k)(3), the ACP test set forth
in § 401(m)(2), or, for plan years begin-
ning on or before December 31, 2001, the
multiple use test of § 401(m)(9). The per-
mitted correction method is to make quali-
fied nonelective contributions (QNCs) (as
defined in §1.401(k)–6 and formerly in
§ 1.401(k)–1(g)(13)(ii)) on behalf of the
nonhighly compensated employees to the
extent necessary to raise the actual defer-
ral percentage or actual contribution per-
centage of the nonhighly compensated em-
ployees to the percentage needed to pass
the test or tests. The contributions must
be made on behalf of all eligible nonhighly
compensated employees (to the extent per-
mitted under § 415) and must be the same
percentage of compensation. QNCs con-
tributed to satisfy the ADP test need not
be taken into account for determining addi-
tional contributions (e.g., a matching con-
tribution), if any. Employees who would
have been eligible for a matching contri-
bution had they madeelective contribu-
tions must be counted as eligible employ-
ees for the ACP test, and the plan must
satisfy the ACP test. Under this correc-
tion method, a plan may not be treated
as two separate plans, one covering other-
wise excludable employees and the other
2006–22 I.R.B.970May 30, 2006

covering all other employees (as permit-
ted in § 1.410(b)–6(b)(3)), in order to re-
duce the number of employees eligible to
receive QNCs. Likewise, under this cor-
rection method, the plan may not be re-
structured into component plans in order
to reduce the number of employees eligi-
ble to receive QNCs.
.04Failure to distribute elective defer-
rals in excess of the § 402(g) limit (in con-
travention of § 401(a)(30)). The permitted
correction method is to distribute the ex-
cess deferral to the employee and to report
the amount as taxable in the year of defer-
ral and in the year distributed. In accor-
dance with § 1.402(g)–1(e)(1)(ii), a distri-
bution to a highly compensated employee
is included in the ADP test; a distribution
to a nonhighly compensated employee is
not included in the ADP test.
.05Exclusion of an eligible employee
from all contributions or accruals under
theplanforoneormoreplanyears.(1)
For plans with employer provided contri-
butions or benefits (which are neither elec-
tive contributions under a qualified cash or
deferred arrangement under § 401(k) nor
matching or after-tax employee contribu-
tions that are subject to § 401(m)), the per-
mitted correction method is to make a con-
tribution to the plan on behalf of the em-
ployees excluded froma defined contri-
bution plan or to provide benefit accruals
for the employees excluded from a defined
benefit plan.
(2) For plans providing benefits subject
to § 401(k) or § 401(m), the corrective con-
tribution for an improperly excluded em-
ployee is described in the following para-
graphs. (See examples 3 through 10 of Ap-
pendix B.)
(a) If the employee was not provided
the opportunity to elect and make elec-
tive deferrals (other than designated Roth
contributions) to a 401(k) plan that does
not satisfy the safe harbor contribution
requirements of section 401(k)(12), the
employer must make a QNC to the plan on
behalf of the employee that compensates
for the “missed deferral opportunity.” The
missed deferral opportunity is equal to
50% of the employee’s “missed defer-
ral.” The missed deferral is determined
by multiplying the actual deferral percent-
age for the employee’s group in the plan
(either highly compensated or nonhighly
compensated) for the year of exclusion
by the employee’s compensation for that
year. The employee’s missed deferral
amount is reduced further to the extent
necessary to ensure that the missed defer-
ral does not exceed applicable plan limits,
including the annual deferral limit under
§ 402(g) for the calendar year in which
the failure occurred. Under this correction
method, a plan may not be treated as two
separate plans, one covering otherwise
excludable employees and the other cov-
ering all other employees (as permitted in
§ 1.410(b)–6(b)(3)) in order to reduce the
applicable ADP, the corresponding missed
deferral and the required QNC. Likewise,
restructuring the plan into component
plans is not permitted in order to reduce
the applicable ADP, the corresponding
missed deferral and the required QNC.
The QNC required to compensate the em-
ployee for the missed deferral opportunity
for the year of exclusion is adjusted for
earnings until the corrective QNC is made
on behalf of the affected employee.
(b) If the employee should have been
eligible for but did not receive an alloca-
tion of employer matching contributions
under a non-safe harbor plan because he or
she was not given the opportunity to make
elective deferrals, the employer should
make a QNC on behalf of the affected
employee. The QNC will be equal to
the matching contribution the employee
would have received had the employee
made a deferral equal to the missed de-
ferral determined under section .05(2)(a)
of this Appendix A. The QNC must be
adjusted for earnings until the corrective
QNC is made on behalf of the affected
employee.
(c) If the employee was not provided
the opportunity to elect and make elec-
tive deferrals (other than designated Roth
contributions) to a safe harbor 401(k) plan
that uses a rate of matching contributions
to satisfy the safe harbor requirements
of § 401(k)(12), then the missed deferral
is deemed equal to the greater of 3% of
compensation or the maximum deferral
percentage for which the employer pro-
vides a matching contribution rate that
is at least as favorable as 100% of the
elective deferral made by the employee.
This estimate of the missed deferral re-
places the estimate based on the ADP test
in a traditional 401(k) plan. The required
QNC on behalf of the excluded employee
is equal to (i) the missed deferral opportu-
nity, which is an amount equal to 50% of
the missed deferral, plus (ii) the matching
contribution that would apply based on the
missed deferral. If an employee was not
provided the opportunity to elect and make
elective deferrals to a safe harbor 401(k)
plan that uses nonelective contributions
to satisfy the safe harbor requirements of
§ 401(k)(12), then the missed deferral is
deemed equal to 3% of compensation. The
required QNC on behalf of the excluded
employee is equal to (i) 50% of the missed
deferral, plus (ii) the nonelective contribu-
tion required to be made on behalf of the
employee. The QNC required to compen-
sate the employee for the missed deferral
opportunity and the corresponding match-
ing or nonelective contribution is adjusted
for earnings until the corrective QNC is
made on behalf of the affected employee.
(d) If the employee should have been el-
igible to elect and make after-tax employee
contributions (other than designated Roth
contributions), the employer must make
a QNC to the plan on behalf of the em-
ployee that is equal to the “missed op-
portunity for making after-tax employee
contributions.” The missed opportunity for
making after-tax employee contributions
is equal to 40% of the employee’s “missed
after-tax contributions.” The employee’s
missed after-tax contributions are equal to
the actual contribution percentage (ACP)
for the employee’s group (either highly
compensated or nonhighly compensated)
times the employee’s compensation, but
with the resulting amount not to exceed ap-
plicable plan limits. If the ACP consists of
both matching and after-tax employee con-
tributions, then, in lieu of basing the em-
ployee’s missed after-tax employee con-
tributions on the ACP for the employee’s
group, the employer is permitted to deter-
mine separately the portion of the ACP that
is attributable to after-tax employee con-
tributions for the employee’s group (either
highly compensated or nonhighly compen-
sated), multiplied by the employee’s com-
pensation for the year of exclusion. The
QNC also must be adjusted for earnings
until the corrective QNC is made on behalf
of the affected employee.
(e)Iftheemployeewasimproperly
excluded from an allocation of employer
matching contributions because he or she
was not given the opportunity to make
after-tax employee contributions (other
than designated Roth contributions), the
employer should make a QNC on behalf
May 30, 20069712006–22 I.R.B.

of the affected employee. The QNC is
equal to the matching contribution the
employee would have received had the
employee made an after-tax employee
contribution equal to the missed after-tax
employee contribution determined under
section .05(2)(d).
(f) The methods for correcting the fail-
uresdescribedinthissection.05(2)donot
apply until after thecorrection of other
qualification failures. Thus, for example,
if in addition to the failure of excluding an
eligible employee, the plan also failed the
ADP or ACP test, the correction methods
described in section .05(2)(a) through (e)
cannot be used until after correction of the
ADP or ACP test failures.
.06Failure to timely pay the minimum
distribution required under § 401(a)(9).
In a defined contribution plan, the per-
mitted correction method is to distribute
the required minimum distributions. The
amount to be distributed for each year in
which the failure occurred should be de-
termined by dividing the adjusted account
balance on the applicable valuation date by
the applicable distribution period. For this
purpose, adjusted account balance means
the actual account balance, determined in
accordance with § 1.401(a)(9)–5 Q&A–3
of the regulations, reduced by the amount
of the total missed minimum distribu-
tions for prior years. In a defined benefit
plan, the permitted correction method is to
distribute the required minimum distribu-
tions, plus an interest payment represent-
ing the loss of use of such amounts.
.07Failure to obtain participant or
spousal consent for a distribution subject
to the participant and spousal consent
rules under §§ 401(a)(11), 411(a)(11),
and 417. (1) The permitted correction
method is to give each affected partici-
pant a choice between providing informed
consent for the distribution actually made
or receiving a qualified joint and survivor
annuity. In the event that participant or
spousal consent is required but cannot be
obtained, the participant must receive a
qualified joint and survivor annuity based
on the monthly amount that would have
been provided under the plan at his or
her retirement date. This annuity may be
actuarially reduced to take into account
distributions already received by the par-
ticipant. However, the portion of the qual-
ified joint and survivor annuity payable
to the spouse upon the death of the par-
ticipant may not be actuarially reduced to
take into account prior distributions to the
participant. Thus, for example, if in accor-
dance with the automatic qualified joint
and survivor annuity option under a plan,
a married participant who retired would
have received a qualified joint and sur-
vivor annuity of $600 per month payable
for life with $300 per month payable to
the spouse for the spouse’s life beginning
upon the participant’s death, but instead
received a single-sum distribution equal
to the actuarial present value of the par-
ticipant’s accrued benefit under the plan,
then the $600 monthly annuity payable
during the participant’s lifetime may be
actuarially reduced to take the single-sum
distribution into account. However, the
spouse must be entitled to receive an an-
nuity of $300 per month payable for life
beginning at the participant’s death.
(2) An alternative permitted correction
method is to give each affected participant
a choice between (i) providing informed
consent for the distribution actually made,
(ii) receiving a qualified joint and survivor
annuity (both (i) and (ii) of this section
.07(2) are as described in section .07(1) of
this Appendix A), or (iii) a single-sum pay-
ment equal to the actuarial present value
of that survivor annuitybenefit (calculated
using the applicable interest rate and mor-
tality table under § 417(e)(3)). For exam-
ple, if the actuarial present value of a $300
per month annuity payable to the spouse
for the spouse’s life beginning upon the
participant’s death is $7,837 (calculated
using the applicable interest rate and mor-
tality table under § 417(e)(3), and based
on the assumptions that the participant is
age 65, that the spouse is age 62, and that
the applicable interest rate is 6%), then the
single-sum payment under clause (iii) of
this section .07(2) is equal to $7,837. If
the spouse elects to receive the single-sum
payment, then the payment is treated in
the same manner as a distribution under
§ 402(c)(9) for purposes of rolling over the
payment to an IRA or other eligible retire-
ment plan.
.08Failure to satisfy the § 415 limits
in a defined contribution plan.Theper-
mitted correction for failure to limit an-
nual additions (other than elective defer-
rals and after-tax employee contributions)
allocated to participants in a defined con-
tributionplanasrequiredin§415(evenif
the excess did not result from the alloca-
tion of forfeitures or from a reasonable er-
ror in estimating compensation) is to place
the excess annual additions into an unallo-
cated account, similar to the suspense ac-
count described in § 1.415–6(b)(6)(iii), to
be used as an employer contribution in the
succeeding year(s). While such amounts
remain in the unallocated account, the em-
ployer is not permitted to make additional
contributions to the plan. The permitted
correction for failure to limit annual ad-
ditions that are elective deferrals or em-
ployee contributions (even if the excess
did not result from a reasonable error in de-
termining the amount of elective deferrals
or after-tax employee contributions that
could be made with respect to an individ-
ual under the § 415 limits) is to distribute
the elective deferrals or after-tax employee
contributions using a method similar to
that described under § 1.415–6(b)(6)(iv).
Elective deferrals and after-tax employee
contributions that are matched may be re-
turned, provided that the matching contri-
butions relating to such contributions are
forfeited (which will also reduce excess
annual additions for the affected individu-
als). The forfeited matching contributions
are to be placed into an unallocated ac-
counttobeusedasanemployercontribu-
tion in succeeding periods.
APPENDIX B
CORRECTION METHODS
AND EXAMPLES; EARNINGS
ADJUSTMENT METHODS
AND EXAMPLES
SECTION 1. PURPOSE,
ASSUMPTIONS FOR EXAMPLES
AND SECTION REFERENCES
.01Purpose. (1) This appendix sets
forth correction methods relating to Op-
erational Failures under Qualified Plans.
This appendix also sets forth earnings ad-
justment methods. The correction meth-
ods and earnings adjustment methods de-
scribed in this appendix are acceptable un-
der SCP and VCP.
(2) To the extent a failure listed in this
appendix could occur under a 403(b) Plan,
SEP, or a SIMPLE IRA Plan, the correc-
tion method listed for such failure may be
used to correct the failure.
2006–22 I.R.B.972May 30, 2006

.02Assumptions for Examples.Unless
otherwise specified, for ease of presenta-
tion, the examples assume that:
(1) the plan year and the § 415 limita-
tion year are the calendar year;
(2) the employer maintains a single plan
intended to satisfy § 401(a) and has never
maintained any other plan;
(3) in a defined contribution plan, the
plan provides that forfeitures are used to
reduce future employer contributions;
(4) the Qualification Failures are Op-
erational Failures and the eligibility and
other requirements for SCP, VCP or Audit
CAP, whichever applies, are satisfied; and
(5) there are no Qualification Failures
other than the described Operational Fail-
ures, and if a corrective action would result
in any additional Qualification Failure, ap-
propriate corrective action is taken for that
additional Qualification Failure in accor-
dance with EPCRS.
.03Section references. References to
section 2 and section 3 are references to the
section 2 and 3 in this appendix.
SECTION 2. CORRECTION METHODS
AND EXAMPLES
.01ADP/ACP Failures.
(1) Correction Methods. (a) Appendix
A Correction Method. Appendix A, sec-
tion .03 sets forth a correction method for
a failure to satisfy the actual deferral per-
centage (“ADP”), actual contribution per-
centage (“ACP”), or, for plan years be-
ginning on or before December 31, 2001,
multipleusetestsetforthin§§401(k)(3),
401(m)(2), and 401(m)(9), respectively.
(b) One-to-One Correction Method.
(i) General. In addition to the correction
method in Appendix A, a failure to sat-
isfy the ADP test, ACP test, or, for plan
years beginning on or before December
31, 2001, the multiple use test may be cor-
rected by using the one-to-one correction
method set forth in this section 2.01(1)(b).
Under the one-to-one correction method,
an excess contribution amount is deter-
mined and assigned to highly compen-
sated employees as provided in paragraph
(1)(b)(ii) below. That excess contribution
amount (adjusted for earnings) is either
distributed to the highly compensated
employees or forfeited from the highly
compensated employees’ accounts as pro-
vided in paragraph (1)(b)(iii) below. That
same dollar amount (i.e., the excess con-
tribution amount, adjusted for earnings)
is contributed to the plan and allocated
to nonhighly compensated employees as
provided in paragraph (1)(b)(iv) below.
Under this correction method, a plan may
not be treated as two separate plans, one
covering otherwise excludable employees
and the other covering all other employ-
ees (as permitted in § 1.410(b)–6(b)(3)).
Likewise, restructuring the plan into com-
ponent plans is not permitted.
(ii) Determination of the Excess Contri-
bution Amount. The excess contribution
amount for the year is equal to the excess
of (A) the sum of the excess contributions
(as defined in § 401(k)(8)(B)), the excess
aggregate contributions (as defined in
§ 401(m)(6)(B)), and for plan years begin-
ning on or before December 31, 2001 the
amount treated as excess contributions or
excess aggregate contributions under the
multiple use test for the year, as assigned
to each highly compensated employee
in accordance with § 401(k)(8)(C) and
(m)(6)(C), over (B) previous corrections
that complied with § 401(k)(8), (m)(6),
and, for plan years beginning on or before
December 31, 2001, the multiple use test.
(iii) Distributions and Forfeitures of the
Excess Contribution Amount. (A) The
portion of the excess contribution amount
assigned to a particular highly compen-
sated employee under paragraph (1)(b)(ii)
is adjusted for earnings through the date
of correction. The amount assigned to a
particular highly compensated employee,
as adjusted, is distributed or, to the extent
the amount was forfeitable as of the close
of the plan year of the failure, is forfeited.
If the amount is forfeited, it is used in ac-
cordance with the plan provisions relating
to forfeitures that were in effect for the
year of the failure. If the amount so as-
signed to a particular highly compensated
employee has been previously distributed,
the amount is an Excess Amount within the
meaning of section 5.01(3) of this revenue
procedure. Thus, pursuant to section 6.05
of this revenue procedure, the employer
must notify the employee that the Excess
Amount was not eligible for favorable tax
treatment accorded to distributions from
qualified plans (and, specifically, was not
eligible for tax-free rollover).
(B) If any matching contributions (ad-
justed for earnings) are forfeited in accor-
dance with § 411(a)(3)(G), the forfeited
amount is used in accordance with the plan
provisions relating to forfeitures that were
in effect for the year of the failure.
(C) If a payment was made to an em-
ployee and that payment is a forfeitable
match described in either paragraph
(1)(b)(iii)(A) or (B), then it is an Over-
payment defined in section 5.01(6) of this
revenue procedure that must be corrected
(see sections 2.04 and 2.05 below).
(iv) Contribution and Allocation of
Equivalent Amount. (A) The employer
makes a contribution to the plan that
is equal to the aggregate amounts dis-
tributed and forfeited under paragraph
(1)(b)(iii)(A) (i.e., the excess contribution
amount adjusted for earnings, as provided
in paragraph (1)(b)(iii)(A), which does not
include any matching contributions for-
feited in accordance with § 411(a)(3)(G)
as provided in paragraph (1)(b)(iii)(B)).
The contribution must satisfy the vesting
requirements and distribution limitations
of § 401(k)(2)(B) and (C).
(B)(1) This paragraph (1)(b)(iv)(B)(1)
applies to a plan that uses the cur-
rent year testing method described in
§ 1.401(k)–2(a)(2), § 1.401(m)–2(a)(2)
and, for periods prior to the effective date
of those regulations, Notice 98–1, 1998–1
C.B. 327. The contribution made under
paragraph (1)(b)(iv)(A) is allocated to the
account balances of those individuals who
were either (I) the eligible employees for
the year of the failure who were not highly
compensated employees for that year or
(II) the eligible employees for the year of
the failure who were not highly compen-
sated employees for that year and who also
are not highly compensated employees for
the year of correction.Alternatively, the
contribution is allocated to account bal-
ances of eligible employees described in
(I) or (II) of the preceding sentence, ex-
cept that the allocation is made only to the
account balances of those employees who
are employees on a date during the year
of the correction that is no later than the
date of correction. Regardless of which
of these four options (described in the two
preceding sentences) the employer selects,
eligible employees must receive a uniform
allocation (as a percentage of compensa-
tion) of the contribution. (See Examples
1 and 2.) Under the one-to-one correc-
tion method, the amount allocated to the
account balance of an employee (i.e.,the
employee’s share of the total amount con-
tributed under paragraph (1)(b)(iv)(A)) is
May 30, 20069732006–22 I.R.B.

not further adjusted for earnings and is
treated as an annual addition under § 415
for the year of the failure for the employee
for whom it is allocated.
(2) This paragraph (1)(b)(iv)(B)(2)
applies to a plan that uses the prior
year testing method described in
§ 1.401(k)–2(a)(2), § 1.401(m)–2(a)(2)
and, for periods prior to the effective
date of those regulations, Notice 98–1.
Paragraph (1)(b)(iv)(B)(1)isappliedby
substituting “the year prior to the year of
the failure” for “the year of the failure”.
(2) Examples.
Example 1:
Employer A maintains a profit-sharing plan with
a cash or deferred arrangement that is intended to sat-
isfy § 401(k) using the current year testing method.
The plan does not provide for matching contributions
or employee after-tax contributions. In 2005, it was
discovered that the ADP test for 2003 was not per-
formed correctly. When the ADP test was performed
correctly, the test was not satisfied for 2003. For
2003, the ADP for highly compensated employees
was 9% and the ADP for nonhighly compensated em-
ployees was 4%.
Accordingly, the ADP for highly compensated
employees exceeded the ADP for nonhighly com-
pensated employees by more than two percentage
points (in violation of § 401(k)(3)). There were two
highly compensated employees eligible under the
401(k) plan during 2003, Employee P and Employee
Q. Employee P made elective deferrals of $10,000,
which is equal to 10% of Employee P’s compen-
sation of $100,000 for 2003. Employee Q made
elective deferrals of $9,500, which is equal to 8% of
Employee Q’s compensation of $118,750 for 2003.
Correction:
On June 30, 2005, Employer A uses the one-to-
one correction method to correct the failure to sat-
isfy the ADP test for 2003. Accordingly, Employer
A calculates the dollar amount of the excess con-
tributions for the two highly compensated employ-
ees in the manner described in § 401(k)(8)(B). The
amount of the excess contribution for Employee P
is $4,000 (4% of $100,000) and the amount of the
excess contribution for Employee Q is $2,375 (2%
of $118,750), or a total of $6,375. In accordance
with § 401(k)(8)(C), $6,375, the excess contribution
amount, is assigned $3,437.50 to Employee P and
$2,937.50 to Employee Q. It is determined that the
earnings on the assigned amounts through June 30,
2005 are $687 and $587 for Employees P and Q, re-
spectively. The assigned amounts and the earnings
are distributed to Employees P and Q. Therefore, Em-
ployee P receives $4,124.50($3,437.50+ $687) and
Employee Q receives $3,524.50 ($2,937.50 + $587).
In addition, on the same date, Employer A makes a
corrective contribution to the 401(k) plan equal to
$7,649 (the sum of the $4,124.50 distributed to Em-
ployee P and the $3,524.50 distributed to Employee
Q). The corrective contribution is allocated to the
account balances of eligible nonhighly compensated
employees for 2003,pro ratabased on their compen-
sation for 2003 (subject to § 415 for 2003).
Example 2:
ThefactsarethesameasinExample 1, except
that for 2003 the plan also provides for (1) after-tax
employee contributions and (2) matching contribu-
tions equal to 50% of the sum of an employee’s elec-
tive deferrals and after-tax employee contributions
that do not exceed 10% of the employee’s compen-
sation. The plan provides that matching contribu-
tions are subject to the plan’s 20% per year of ser-
vice vesting schedule and that matching contributions
are forfeited and used to reduce employer contribu-
tions if associated elective deferrals or employee af-
ter-tax contributions are distributed to correct an ADP
or ACP test failure. For 2003, nonhighly compen-
sated employees made after-tax employee contribu-
tions and no highly compensated employee made any
after-tax employee contributions. Employee P re-
ceived a matching contribution of $5,000 (50% of
$10,000) and Employee Q received a matching con-
tribution of $4,750 (50% of $9,500). Employees P
and Q were 100% vested in 2003. It was determined
that the plan satisfied the requirements of the ACP
test for 2003.
Correction:
The same corrective actions are taken as inEx-
ample 1. In addition, in accordance with the plan’s
terms, corrective action is taken to forfeit Employee
P’s and Employee Q’s matching contributions associ-
ated with their distributed excess contributions. Em-
ployee P’s distributed excess contributions and as-
sociated matching contributions are $3,437.50 and
$1,718.75, respectively. Employee Q’s distributed
excess contributions and associated matching con-
tributions are $2,937.50 and $1,468.75, respectively.
Thus, $1,718.75 is forfeited from Employee P’s ac-
count and $1,468.75 is forfeited from Employee Q’s
account. In addition, the earnings on the forfeited
amounts are also forfeited. It is determined that the
respective earnings on the forfeited amount for Em-
ployee P is $250 and for Employee Q is $220. The to-
tal amount of the forfeitures of $3,657.50 (Employee
P’s $1,718.75 + $250 and Employee Q’s $1,468.75
+ $220) is used to reduce contributions for 2005 and
subsequent years.
.02Exclusion of Otherwise Eligible
Employees.
(1) Exclusion of Eligible Employees
in a 401(k) or (m) Plan. (a) Correc-
tion Method. (i) Appendix A Correction
Method for Full Year Exclusion. Appen-
dix A, section .05 sets forth the correction
method for the exclusion of an eligible
employee from electing and making elec-
tive deferrals (other than designated Roth
contributions) and after-tax employee
contributions (otherthan designated Roth
contributions) to a plan that provides ben-
efits that are subject to the requirements
of § 401(k) or (m) for one or more full
plan years. (See Example 3.) Appendix A
section .05 also specifies the method for
determining missed deferrals and the cor-
rective contributions for employees who
were improperly excluded from electing
and making elective deferrals to a safe
harbor 401(k) plan for one or more full
plan years. (See Examples 8, 9 and 10.)
In section 2.02(1)(a)(ii) below, the cor-
rection method for the exclusion of an
eligible employee from all contributions
(other than designated Roth contributions)
under a 401(k) or (m) plan for a full year
is expanded to include correction for the
exclusion of an eligible employee from all
contributions (other than designated Roth
contributions) under a 401(k) or (m) plan
for a partial plan year. This correction for
a partial year exclusion may be used in
conjunction with the correction for a full
year exclusion.
(ii) Expansion of Correction Method
to Partial Year Exclusion. (A) In Gen-
eral. The correction method in Appen-
dix A, section .05 is expanded to cover an
employee who was improperly excluded
from electing and making elective defer-
rals (other than designated Roth contribu-
tions) or after-tax employee contributions
(other than designated Roth contributions)
for a portion of a plan year or from receiv-
ing matching contributions (on either elec-
tive deferrals or after-tax employee contri-
butions) for a portion of a plan year. In
such case, a permitted correction method
for the failure is for the employer to sat-
isfy this section 2.02(1)(a)(ii). The em-
ployer makes a corrective contribution on
behalf of the excluded employee that sat-
isfies the vesting requirements and distri-
bution limitations of § 401(k)(2)(B) and
(C). The method and examples described
to correct the failure to include otherwise
eligible employees do not apply until af-
ter correction of other qualification fail-
ures. Thus, for example, the corrections
described in the narrative and examples in
this section cannot be used until after cor-
rection of ADP or ACP test failures.
(B) Elective Deferral Failures. The ap-
propriate corrective contribution for the
failure to allow an employee to elect and
make elective deferrals (other than desig-
nated Roth contributions) for a portion of
the plan year is equal to the missed defer-
ral opportunity which is an amount equal
to 50% of the employee’s missed deferral.
The employee’s missed deferral is deter-
mined by multiplying the ADP of the em-
ployee’s group (either highly or nonhighly
compensated), determined prior to correc-
tion under this section 2.02(1)(a)(ii), by
the employee’s plan compensation for the
2006–22 I.R.B.974May 30, 2006

portion of the year during which the em-
ployee was improperly excluded. In a safe
harbor 401(k) plan, the employee’s missed
deferral is determined by multiplying 3%
(or, if greater, whatever percentage of the
participant’s compensation which, if con-
tributed as an elective deferral, would have
been matched at a rate of 100% or more)
by the employee’s plan compensation for
the portion of the year during which the
employee was improperly excluded. The
corrective contribution for the portion of
the plan year during which the employee
was improperly excluded from being eli-
gible to make elective deferrals is reduced
to the extent that (1) the sum of the missed
deferral and any elective deferrals actu-
ally made by the employee for that year
would exceed (2) the maximum elective
deferrals permitted under the plan for the
employee for that plan year (including the
§ 402(g) limit). The corrective contribu-
tion is adjusted for earnings. For purposes
of correcting other failures under this rev-
enue procedure (including determination
of any required matching contribution) af-
ter correction has occurred under this sec-
tion 2.02(1)(ii)(B), the employee is treated
as having made pre-tax elective deferrals
equal to the employee’s missed deferral for
the portion of the year during which the
employee was improperly excluded. (See
Examples 4 and 5.)
(C) After-tax Employee Contribution
Failures. The appropriate corrective con-
tribution for the failure to allow employees
to elect and make after-tax employee con-
tributions for a portion of the plan year
is equal to the missed after-tax employee
contributions opportunity, which is an
amount equal to 40% of the employee’s
missed after-tax employee contributions.
The employee’s missed after-tax em-
ployee contributions is determined by
multiplying the ACP of the employee’s
group (either highly or nonhighly com-
pensated), determined prior to correction
under this section 2.02(1)(a)(ii)(C), by
the employee’s plan compensation for
the portion of the year during which the
employee was improperly excluded. If
the ACP consists of both matching and
after-tax employee contributions, then for
purposes of the preceding sentence, in
lieu of basing the missed after-tax em-
ployee contributions on the ACP for the
employee’s group (either highly com-
pensated or nonhighly compensated), the
employer is permitted to determine sep-
arately the portions of the ACP that are
attributable to matching contributions and
after-tax employee contributions and base
the missed after-tax employee contribu-
tions on the portion of the ACP that is
attributable to after-tax employee contri-
butions. The missed after-tax employee
contribution is reduced to the extent that
(1) the sum of that contribution and the ac-
tual total after-tax employee contributions
made by the employee for the plan year
would exceed (2) the sum of the maximum
after-tax employee contributions permit-
ted under the plan for the employee for the
plan year. The corrective contribution is
adjusted for earnings.
(D) Matching Contribution Failures.
The appropriate corrective contribution
for the failure to make matching con-
tributions for an employee because the
employee was precluded from making
elective deferrals (other than designated
Roth contributions) or after-tax employee
contributions for a portion of the plan year
is equal to the matching contribution that
would have been made for the employee
if (1) the employee’s elective deferrals for
that portion of the plan year had equaled
the employee’s missed deferrals (deter-
mined under section 2.02(1)(a)(i)(B)) or
(2) the employee’s after-tax contribu-
tion for that portion of the plan year had
equaled the employee’s missed after-tax
employee contribution (determined under
section 2.02(1)(a)(ii)(C). This matching
contribution is reduced to the extent that
(1) the sum of this contribution and other
matching contributions actually made on
behalf of the employee for the plan year
would exceed (2) the maximum matching
contribution permitted if the employee
had made the maximum matchable con-
tributions permitted under the plan for the
plan year. The corrective contribution is
adjusted for earnings.
(E) Use of Prorated Compensation.
Forpurposesofthisparagraph (1)(a)(ii),
for administrative convenience, in lieu of
using the employee’s actual plan com-
pensation for the portion of the year dur-
ing which the employee was improperly
excluded, apro rataportion of the em-
ployee’s plan compensation that would
have been taken into account for the plan
year, if the employee had not been im-
properly excluded, may be used.
(F) Special Rule for Brief Exclusion
from Elective Deferrals and After-Tax
Employee Contributions. An employer is
not required to make a corrective contri-
bution with respect toelective deferrals
or after-tax employee contributions, as
provided in sections 2.02(1)(a)(ii)(B) and
(C), (but is required to make a corrective
contribution with respect to any match-
ing contributions, as provided in section
2.02(1)(a)(ii)(D)) for an employee for a
plan year if the employee has been pro-
vided the opportunity to make elective
deferrals or after-tax employee contri-
butions under the plan for a period of at
least the last 9 months in that plan year
and during that period the employee had
the opportunity to make elective defer-
rals or after-tax employee contributions
in an amount not less than the maximum
amount that would have been permitted if
no failure had occurred. (See Examples 6
and 7.)
(b) Examples.
Example 3:
Employer B maintains a 401(k) plan. The plan
provides for matching contributions for eligible em-
ployees equal to 100% of elective deferrals that do
not exceed 3% of an employee’s compensation. The
plan allows employees to make after-tax employee
contributions up to a maximum of the lesser of 2%
of compensation or $1,000. The after-tax employee
contributions are not matched. The plan provides that
employees who complete one year of service are eli-
gible to participate in the plan on the next designated
entry date. The entry dates are January 1, and July 1.
In 2005, it is discovered that Employee V, a NHCE
with compensation of $30,000, was excluded from
the plan for the 2003 plan year even though she satis-
fied the plan’s eligibility requirements as of January
1, 2003.
For the 2003 plan year, the relevant employee and
contribution information is as follows:
May 30, 20069752006–22 I.R.B.

Compensation
Elective deferralMatchAfter-Tax Employee
Contribution
Highly Compensated Employees (HCEs):
R
$200,000$ 6,000$6,000
0
S
$150,000$12,000$4,500$1,000
Nonhighly Compensated Employees (NHCEs):
T
$80,000$12,000$2,400$1,000
U
$50,000$ 500$ 500
0
HCEs:
ADP - 5.5%
ACP - 3.33%
ACP attributable to matching contributions - 3%
ACP attributable to after-tax employee contributions - 0.33%
NHCEs:
ADP - 8%
ACP - 2.63%
ACP attributable to matching contributions - 2%
ACP attributable to after-tax employee contributions - 0.63%
Correction:
Employer B uses the correction method for a
full year exclusion, described in Appendix A section
.05, to correct the failure to include Employee V in
the plan for the full plan year beginning January 1,
2003. Employer B calculates the corrective QNC to
be made on behalf of Employee V as follows:
Elective deferrals: Employee V was eligible to,
but was not provided with the opportunity to, elect
and make elective deferrals in 2003. Thus, Employer
B must make a QNC to the plan on behalf of Em-
ployee V equal to the missed deferral opportunity for
Employee V- 50% of Employee V’s missed deferral.
The QNC is adjusted for earnings. The missed defer-
ral for Employee V is estimated by using the ADP for
NHCEs for 2003 and multiplying that percentage by
Employee V’s compensation for 2003. Accordingly,
the missed deferral for Employee V, on account of
the employee’s improper exclusion from the plan is
$2,400 (8% x $30,000). The missed deferral opportu-
nity is $1,200 (i.e., 50% x $2,400). Thus, the required
corrective contribution for the failure to provide Em-
ployee V with the opportunity to make elective defer-
rals to the plan is $1,200 (plus earnings).
Matching contributions: Employee V should
have been eligible for, but did not receive an allo-
cation of, employer matching contributions because
Employee V was not provided the opportunity to
make elective deferrals in 2003. Thus, Employer
B must make a QNC to the plan on behalf of Em-
ployee V that is equal to the matching contribution
Employee V would have received had the missed de-
ferral been made. The QNC is adjusted for earnings.
Under the terms of the plan, if Employee V had made
an elective deferral of $2,400 or 8% of compensation
($30,000), the employee would have been entitled to
a matching contribution equal to 100% of first 3%
of Employee V’s compensation ($30,000) or $900.
Accordingly, the contribution required to replace the
missed employer matching contribution is $900 (plus
earnings).
After-tax employee contributions: Employee V
was eligible to, but was not provided with the oppor-
tunity to, elect and make after-tax employee contribu-
tions in 2003. Employer B must make a QNC to the
plan equal to the missed opportunity for making af-
ter-tax employee contributions for Employee V - 40%
of Employee V’s missed after-tax employee contribu-
tion. The QNC is adjusted for earnings. The missed
after-tax employee contribution for Employee V is
estimated by using the ACP for NHCEs (to the extent
that the ACP is attributable to after-tax employee con-
tributions) for 2003 and multiplying that percentage
by Employee V’s compensation for 2003. Accord-
ingly, the missed after-tax employee contribution for
Employee V, on account of the employee’s improper
exclusion from the plan is $189 (0.63% x $30,000).
The missed opportunity to make after-tax employee
contributions to the plan is $76 (40% x $189). Thus,
the required corrective contribution for the failure to
provide Employee V with the opportunity to make the
$189 after-tax employee contribution to the plan is
$76 (plus earnings).
The total required corrective QNC, before ad-
justments for earnings, on behalf of Employee V is
$2,176 ($1,200 for the missed deferral opportunity
plus $900 for the missed matching contribution plus
$76 for the missed opportunity to make after-tax
employee contributions). The required corrective
QNC is further adjusted for earnings.
Example 4:
Employer C maintains a 401(k) plan. The plan
provides for matching contributions for each payroll
period that are equal to 100% of an employee’s elec-
tive deferrals that do not exceed 2% of the eligible
employee’s plan compensation during the payroll pe-
riod. The plan provides for after-tax employee contri-
butions. The after-tax employee contribution cannot
exceed $1,000 for the plan year. The plan provides
that employees who complete one year of service are
eligible to participate in the plan on the next January 1
or July 1 entry date. Employee X, a nonhighly com-
pensated employee, who met the eligibility require-
ments and should have entered the plan on January
1, 2003 was not offered the opportunity to participate
in the plan. In August of 2003, the error was dis-
covered and Employer C offered Employee X the op-
portunity to make elective deferrals and after-tax em-
ployee contributions as of September 1, 2003. Em-
ployee X made elective deferrals equal to 4% of the
employee’s plan compensation for each payroll pe-
riod from September 1, 2003 through December 31,
2003 (resulting in elective deferrals of $400). Em-
ployee X’s plan compensation for 2003 was $36,000
($26,000 for the first eight months and $10,000 for
the last four months). Employer C made matching
contributions equal to $200 on behalf of Employee X,
which is 2% of Employee X’s plan compensation for
each payroll period from September 1, 2003 through
December 31, 2003 ($10,000). After being allowed
to participate in the plan, Employee X made $250
of after-tax employee contributions for the 2003 plan
year. The ADP for nonhighly compensated employ-
ees for 2003 was 3% and the ACP for nonhighly com-
pensated employees for 2003 was 2.3%. The ACP
attributable to matching contributions for nonhighly
compensated employees for 2003 was 1.8%. The
ACP attributable to employee contributions for non-
highly compensated employees for 2003 was 0.5%.
Correction:
In accordance with section 2.02(1)(a)(ii), Em-
ployer C uses the correction method described in
Appendix A section .05 to correct for the failure to
provide Employee X the opportunity to elect and
make elective deferrals and after-tax employee con-
tributions, and as a result, not receiving matching
contributions for a portion of the plan year (January
1, 2003 through August 31, 2003). Thus, Employer
C makes a corrective contribution on behalf of
Employee X that satisfies the requirements of sec-
tion 2.02(1)(a)(ii). Employer C elects to utilize the
provisions of section 2.02(1)(a)(ii)(E) to determine
Employee X’s compensation for the portion of the
year in which Employee X was not provided the
opportunity to make elective deferrals and after-tax
employee contributions. Thus, for administrative
convenience, in lieu of using actual plan compen-
sation of $26,000 for the period Employee X was
excluded, Employee X’s annual plan compensation
2006–22 I.R.B.976May 30, 2006

is prorated for the eight-month period that the em-
ployee was excluded from participating in the plan.
The corrective contribution is determined as follows:
(1) Corrective contribution for missed deferral:
Employee X was eligible to, but was not provided
with the opportunity to, elect and make elective
deferrals from January 1 through August 31 of 2003.
Employer C must make a corrective contribution to
the plan on behalf of Employee X equal to Employee
X’s missed deferral opportunity for that period - 50%
of Employee X’s missed deferral. From January 1
through August 31, 2003. The corrective contribu-
tion is adjusted for earnings. Employee X’s missed
deferral is determined by multiplying the 3% ADP
for nonhighly compensated employees by $24,000
(8/12ths of the employee’s 2003 compensation of
$36,000). Accordingly, the missed deferral is $720.
The missed deferral is not reduced because when
this amount is added to the amount already deferred,
no plan limit (including § 402(g)) was exceeded.
Accordingly, the required corrective contribution is
$360 (i.e., 50% multiplied by the missed deferral
amount of $720). The required corrective contribu-
tion is adjusted for earnings.
(2) Corrective contribution for missed match-
ing contribution: Under the terms of the plan, if
Employee X had made an elective deferral of $720
or 3% of compensation for the period of exclusion
($24,000), the employee would have been entitled
to a matching contribution equal to 2% of $24,000
or $480. The missed matching contribution is not
reduced because no plan limit is exceeded when
this amount is added to the matching contribution
already contributed for the 2003 plan year. Accord-
ingly, the required corrective contribution is $480.
The required corrective contribution is adjusted for
earnings.
(3) Corrective contribution for missed after-tax
employee contribution: Employee X was eligible to,
but was not provided with the opportunity to elect
and make after-tax employee contributions from
January 1 through August 31 of 2003. Employer C
must make a corrective contribution to the plan on
behalf of Employee X equal to the missed opportu-
nity to make after-tax employee contributions. The
missed opportunity to make after-tax employee con-
tributions is equal to 40% of Employee X’s missed
after-tax employee contributions. The corrective
contribution is adjusted for earnings. The missed
after-tax employee contribution amount is equal to
the 0.5% ACP attributable to employee contributions
for nonhighly compensated employees multiplied
by $24,000 (8/12ths of the employee’s 2003 plan
compensation of $36,000). Accordingly, the missed
after-tax employee contribution amount is $120.
The missed after-tax employee contribution is not
reduced because the sum of $120 and the previously
made after-tax employee contribution of $250 is less
than the overall plan limit of $1,000. Therefore, the
required corrective contribution is $48 (i.e.,40%
multiplied by the missed after-tax employee con-
tribution of $120). The corrective contribution is
adjusted for earnings.
The total required QNC on behalf of the employee
is $888 ($360 for the missed deferral opportunity
plus $480 for the missed matching contribution plus
$48 for the missed opportunity to make after-tax
employee contributions).
Example 5:
The facts (including the ADP and ACP data) are
thesameasinExample 5,exceptthatitisnowdeter-
mined that Employee X, after being included in the
plan in 2003, made after-tax employee contributions
of $950.
Correction:
The correction is the same as inExample 4,ex-
cept that the corrective contribution required to re-
place the missed after-taxemployee contribution will
be re-calculated to take into account applicable plan
limits in accordance with the provisions of section
2.02(1)(a)(ii)(C). The required corrective contribu-
tion is determined as follows:
Corrective contribution for missed after-tax
employee contribution: The missed after-tax em-
ployee contribution amount is equal to the 0.5%
ACP attributable to after-tax employee contributions
for nonhighly compensated employees multiplied
by $24,000 (8/12ths of the employee’s 2003 plan
compensation of $36,000). The missed after-tax
employee contribution amount, based on this calcu-
lation, is $120. However, the sum of this amount
($120) and the previously made after-tax employee
contribution ($950) is $1,070. Because the plan
limit for after-tax employee contributions is $1,000,
the missed after-tax employee contribution needs
to be reduced by $70, to ensure that the total af-
ter-tax employee contributions comply with the plan
limit. Accordingly, the missed after-tax employee
contribution is $50. ($120-$70), and, the required
corrective contribution is $20 (i.e., 40% multiplied
by the missed after-tax employee contribution of
$50). The corrective contribution is adjusted for
earnings.
Example 6:
Employer D sponsors a 401(k) plan. The plan has
a one year of service eligibility requirement and pro-
vides for January 1 and July 1 entry dates. Employee
Y, who should have been provided the opportunity to
elect and make elective deferrals on January 1, 2003
was not provided the opportunity to elect and make
elective deferrals until July 1, 2003. The employee
made $5,000 in elective deferrals to the plan in 2003.
The employee was a highly compensated employee
with compensation for 2003 of $200,000. Employee
Y’s compensation from January 1 through June 30,
2003 was $100,000. The ADP for highly compen-
sated employees for 2003 was 10%. The ADP for
nonhighly compensated employees for 2003 was 8%.
The § 402(g) limit for deferrals made in 2003 was
$12,000.
Correction:
Corrective contribution for missed deferral: Em-
ployee W’s missed deferral is equal to the 10% ADP
for highly compensated employees multiplied by
$100,000 (compensation earned for the portion of
the year in which Employee W was erroneously
excluded,i.e., January 1 through June 30, 2003).
Themisseddeferralamount,basedonthiscalcula-
tion is $10,000. However, the sum of this amount
($10,000) and the previously made elective con-
tribution ($5,000) is $15,000. The 2003 § 402(g)
limit for elective deferrals is $12,000. In accordance
with the provisions of section 2.02(1)(a)(ii)(B), the
missed deferral needs to be reduced by $3,000, to
ensure that the total elective contribution complies
with the applicable § 402(g) limit. Accordingly, the
missed deferral is $7,000 ($10,000 -$3,000), and the
required corrective contribution is $3,500 (i.e.,50%
multiplied by the missed deferral of $7,000). The
corrective contribution is adjusted for earnings.
Example 7:
Employer E maintains a 401(k) plan. The plan
provides for matching contributions for each payroll
period that are equal to 100% of an employee’s elec-
tive deferrals that do not exceed 2% of the eligible
employee’s plan compensation during the payroll pe-
riod. The plan also provides that the annual limit on
matching contributions is $750. The plan provides
for after-tax employee contributions. The after-tax
employee contribution cannot exceed $1,000 during
a plan year. The plan provides that employees who
complete one year of service are eligible to partic-
ipate in the plan on the next January 1 or July 1
entry date. Employee Z, a nonhighly compensated
employee who met the eligibility requirements and
should have entered the plan on January 1, 2003
was not offered the opportunity to participate in the
plan. In March of 2003, the error was discovered
and Employer E offered the employee an election
opportunity as of April 1, 2003. Employee Z had the
opportunity to make the maximum elective deferrals
and/or after-tax employee contributions that could
have been made under the terms of the plan for the
entire 2003 plan year. The employee made elective
deferrals equal to 3% of the employee’s plan com-
pensation for each payroll period from April 1, 2003
through December 31, 2003 (resulting in elective
deferrals of $960). The employee’s plan compen-
sation for 2003 was $40,000 ($8,000 for the first
three months and $32,000 for the last nine months).
Employer E made matching contributions equal to
$640 for the excluded employee, which is 2% of
the employee’s plan compensation for each payroll
period from April 1, 2003 through December 31,
2003 ($32,000). After being allowed to participate
in the plan, the employee made $500 in after-tax
employee contributions. The ADP for nonhighly
compensated employees for 2003 was 3% and the
ACP for nonhighly compensated employees for 2003
was 2.3%. The portion of the ACP attributable to
matching contributions for nonhighly compensated
employees for 2003 was 1.8%. The portion of the
ACP attributable to after-tax employee contributions
for nonhighly compensated employees for 2003 was
0.5%.
Correction:
Employer E uses the correction method for partial
year exclusions, pursuant to section 2.02(1)(a)(ii), to
correct the failure to include an eligible employee in
the plan. Because Employee Z was given an opportu-
nity to make elective deferrals and after-tax employee
contributions to the plan for at least the last 9 months
of the plan year (and the amount of the elective defer-
rals or after-tax employee contributions that the em-
ployee had the opportunity to make was not less than
the maximum elective deferrals or after-tax employee
contributions that the employee could have made if
the employee had been given the opportunity to make
elective deferrals and after-tax employee contribu-
tions on January 1, 2003), under the special rule set
forth in section 2.02(1)(a)(ii)(F), Employer E is not
May 30, 20069772006–22 I.R.B.

required to make a corrective contribution for the fail-
ure to provide the employee with the opportunity to
make either elective deferrals or after-tax employee
contributions. The employer only needs to make a
corrective contribution for the failure to provide the
employee with the opportunity to receive matching
contributions on deferrals that could have been made
during the first 3 months of the plan year. The calcu-
lation of the corrective contribution required to cor-
rect this failure is shown as follows:
The missed matching contribution is determined
by calculating the matching contribution that the
employee would have received had the employee
been provided the opportunity to make elective de-
ferrals during the period of exclusion,i.e.,January
1, 2003 through March 31, 2003. Assuming that the
employee elected to defer an amount equal to 3% of
compensation (which is the ADP for the nonhighly
compensated employees for the plan year), then, un-
der the terms of the plan, the employee would have
been entitled to a matching contribution of 2% of
compensation. Pursuant to the provisions of section
2.02(1)(a)(ii)(E), Employer E determines compensa-
tion by prorating Employee Z’s annual compensation
fortheportionoftheyearthat Employee Z was not
given the opportunity to make elective deferrals or
after-tax employee contributions. Accordingly, the
required matching contribution for the period of ex-
clusion is obtained by multiplying 2% by Employee
Z’s compensation of $10,000 (3/12ths of the em-
ployee’s 2003 plan compensation of $40,000). Based
on this calculation, the missed matching contribution
is $200. However, when this amount is added to the
matching contribution already received ($640), the
total ($840) exceeds the $750 plan limit on match-
ing contributions by $90. Accordingly, pursuant
to section 2.02(1)(a)(ii)(D), the missed matching
contribution figure is reduced to $110 ($200 minus
$90). The required corrective contribution is $110.
The corrective contribution is adjusted for earnings.
Example 8:
Employer G maintains a safe harbor 401(k) plan
that uses a rate of matching contributions to satisfy
the requirements of §401(k)(12). Employee M, a
nonhighly compensated employee who met the eligi-
bility requirements and should have entered the plan
on January 1, 2003, was not offered the opportunity
to defer under the plan and was erroneously excluded
for all of 2003. Employee M’s compensation for
2003 was $20,000.
The plan provides for matching contributions
equal to 100% of elective deferrals that do not ex-
ceed 3% of an employee’s compensation and 50% of
elective deferrals that exceed 3% but do not exceed
5% of an employee’s compensation.
Correction:
In accordance with the provisions of section
2.02(1)(a)(ii)(B), Employee M’s missed deferral on
account of exclusion from the safe harbor 401(k)
plan is 3% of compensation. Thus, the missed defer-
ral is equal to 3% multiplied by $20,000, or $600.
Accordingly, the required corrective contribution for
Employee M’s missed deferral opportunity in 2003
is $300,i.e., 50% of $600. The required matching
contribution,basedonthemisseddeferralof$600,is
$600. The required corrective contribution for Em-
ployee M’s missed matching contribution is $600.
The total required corrective contribution, before ad-
justments for earnings, on behalf of Employee M is
$900 (i.e., $300 for the missed deferral opportunity,
plus $600 for the missed matching contribution).
The corrective contribution is adjusted for earnings.
Example 9:
Same facts asExample 8, except that the plan pro-
vides for matching contributions equal to 100% of
elective deferrals that do not exceed 4% of an em-
ployee’s compensation.
Correction:
In accordance with the provisions of section
2.02(1)(a)(ii)(B), Employee M’s missed deferral on
account of exclusion from the safe harbor 401(k)
plan is 4% of compensation. The missed deferral is
4% of compensation because the plan provides for
a 100% match for deferrals up to that level of com-
pensation. (See Appendix A .05(2)(c).) Therefore,
in this case, Employee M’s missed deferral is equal
to 4% multiplied by $20,000, or $800. The required
corrective contribution for Employee M’s missed
deferral opportunity in 2003 is $400,i.e.,50%mul-
tiplied by $800. The required matching contribution,
based on the missed deferral of $800, is $800. Thus,
the required corrective contribution for Employee
M’s missed matching contribution is $800. The total
required corrective contribution, before adjustments
for earnings, on behalf of Employee M is $1,200
(i.e., $400 for the missed deferral opportunity plus
$800 for the missed matching contribution). The
corrective contribution is adjusted for earnings.
Example 10:
Same facts asExample 8, except that the plan uses
a rate of nonelective contributions to satisfy the re-
quirements of §401(k)(12) and provides for a non-
elective contribution equal to 3% of compensation.
Correction:
In accordance with the provisions of section
2.02(1)(a)(ii)(B), Employee M’s missed deferral on
account of exclusion from the safe harbor 401(k)
plan is 3% of compensation. Thus, the missed
deferral is equal to 3% multiplied by $20,000, or
$600. Thus, the required corrective contribution for
Employee M’s missed deferral opportunity in 2003
is $300 (50% of $600). The required nonelective
contribution, based on the plan’s formula of 3% of
compensation for nonelective contributions, is $600.
The total required corrective contribution, before ad-
justments for earnings, on behalf of Employee M is
$900 (i.e., $300 for the missed deferral opportunity,
plus $600 for the missed nonelective contribution).
The corrective contribution is adjusted for earnings.
(2) Exclusion of Eligible Employees In
a Profit-Sharing Plan.
(a) Correction Methods. (i) Appen-
dix A Correction Method. Appendix
A, section .05 sets forth the correction
method for correcting the failure to make
a contribution on behalf of the employ-
ees improperly excluded from a defined
contribution plan or to provide benefit
accruals for the employees improperly
excluded from a defined benefit plan.
In the case of a defined contribution
plan, the correction method is to make
a contribution on behalf of the excluded
employee. Section 2.02(2)(a)(ii) below
clarifies the correction method in the case
of a profit-sharing or stock bonus plan
that provides for nonelective contributions
(within the meaning of §1.401(k)–6 and
formerly 1.401(k)–1(g)(10)).
(ii) Additional Requirements for Ap-
pendix A Correction Method as applied to
Profit-Sharing Plans.To correct for the ex-
clusion of an eligible employee from non-
elective contributions ina profit-sharing or
stock bonus plan under the Appendix A
correction method, an allocation amount is
determined for each excluded employee on
the same basis as the allocation amounts
were determined for the other employees
under the plan’s allocation formula (e.g.,
the same ratio of allocation to compensa-
tion), taking into account all of the em-
ployee’s relevant factors (e.g., compensa-
tion) under that formula for that year. The
employer makes a corrective contribution
on behalf of the excluded employee that is
equal to the allocation amount for the ex-
cluded employee. The corrective contribu-
tion is adjusted for earnings. If, as a result
of excluding an employee, an amount was
improperly allocatedto the account bal-
ance of an eligible employee who shared
in the original allocation of the nonelec-
tive contribution, no reduction is made to
the account balance of the employee who
shared in the original allocation on account
of the improper allocation. (See Example
11.)
(iii) Reallocation Correction Method.
(A) In General. Subject to the limita-
tions set forth in section 2.02(2)(a)(iii)(F)
below, in addition to the Appendix A
correction method, the exclusion of an
eligible employee for a plan year from
a profit-sharing or stock bonus plan that
provides for nonelective contributions
may be corrected using the reallocation
correction method set forth in this section
2.02(2)(a)(iii). Under the reallocation cor-
rection method, the account balance of the
excluded employee is increased as pro-
vided in paragraph (2)(a)(iii)(B) below,
the account balances of other employ-
ees are reduced as provided in paragraph
(2)(a)(iii)(C) below, and the increases and
reductions are reconciled, as necessary, as
provided in paragraph (2)(a)(iii)(D) below.
(See Examples 12 and 13.)
2006–22 I.R.B.978May 30, 2006

(B) Increase in Account Balance of Ex-
cluded Employee. The account balance
of the excluded employee is increased by
an amount that is equal to the allocation
the employee would have received had the
employee shared in the allocation of the
nonelective contribution. The amount is
adjusted for earnings.
(C) Reduction in Account Balances of
Other Employees. (1) The account bal-
ance of each employee who was an eligi-
ble employee who shared in the original
allocation of the nonelective contribution
is reduced by the excess, if any, of (I) the
employee’s allocation of that contribution
over (II) the amountthat would have been
allocated to that employee had the failure
not occurred. This amount is adjusted for
earnings taking into account the rules set
forthinsection2.02(2)(a)(iii)(C)(2)and
(3) below. The amount after adjustment
for earnings is limited in accordance with
section 2.02(2)(a)(iii)(C)(4)below.
(2) This paragraph (2)(a)(iii)(C)(2) ap-
plies if most of the employees with account
balances that are being reduced are non-
highly compensated employees. If there
has been an overall gain for the period
fromthedateoftheoriginal allocation of
the contribution through the date of correc-
tion, no adjustment for earnings is required
to the amount determined under section
2.02(2)(a)(iii)(C)(1) for the employee. If
the amount for the employee is being ad-
justed for earnings and the plan permits
investment of account balances in more
than one investment fund, for administra-
tive convenience, the reduction to the em-
ployee’s account balance may be adjusted
by the lowest earnings rate of any fund
for the period from the date of the origi-
nal allocation of the contribution through
thedateofcorrection.
(3) If an employee’s account balance
is reduced and the original allocation was
made to more than one investment fund
or there was a subsequent distribution or
transfer from the fund receiving the orig-
inal allocation, then reasonable, consis-
tent assumptions are used to determine the
earnings adjustment.
(4) The amount determined in sec-
tion 2.02(2)(a)(iii)(C)(1) for an em-
ployee after the application of section
2.02(2)(a)(iii)(C)(2)and(3)maynotex-
ceed the account balance of the employee
on the date of correction, and the employee
is permitted to retain any distribution made
prior to the date of correction.
(D) Reconciliation of Increases and Re-
ductions. If the aggregate amount of the
increases under section 2.02(2)(a)(iii)(B)
exceeds the aggregate amount of the re-
ductions under section 2.02(2)(a)(iii)(C),
the employer makes a corrective contri-
bution to the plan for the amount of the
excess. If the aggregate amount of the
reductions under section 2.02(2)(a)(iii)(C)
exceeds the aggregate amount of the in-
creases under section 2.02(2)(a)(iii)(B),
then the amount by which each employee’s
account balance is reduced under section
2.02(2)(a)(iii)(C) is decreased on apro
ratabasis.
(E) Reductions Among Multiple Invest-
ment Funds. If an employee’s account bal-
ance is reduced and the employee’s ac-
count balance is invested in more than one
investment fund, then the reduction may be
made from the investment funds selected
in any reasonable manner.
(F) Limitations on Use of Reallo-
cation Correction Method. If any em-
ployee would be permitted to retain
anydistributionpursuanttosection
2.02(2)(a)(iii)(C)(4), then the realloca-
tion correction method may not be used
unless most of the employees who would
be permitted to retain a distribution are
nonhighly compensated employees.
(b) Examples.
Example 11:
Employer D maintains a profit-sharing plan that
provides for discretionary nonelective employer con-
tributions. The plan provides that the employer’s
contributions are allocated to account balances in the
ratio that each eligible employee’s compensation for
the plan year bears to the compensation of all el-
igible employees for the plan year and, therefore,
the only relevant factor for determining an allocation
is the employee’s compensation. The plan provides
for self-directed investments among four investment
funds and daily valuations of account balances. For
the 2003 plan year, Employer D made a contribu-
tion to the plan of a fixed dollar amount. However,
five employees who met the eligibility requirements
were inadvertently excluded from participating in the
plan. The contribution resulted in an allocation on be-
half of each of the eligible employees, other than the
excluded employees, equal to 10% of compensation.
Most of the employees who received allocations un-
der the plan for the year of the failure were nonhighly
compensated employees. No distributions have been
made from the plan since 2003. If the five excluded
employees had shared in the original allocation, the
allocation made on behalf of each employee would
have equaled 9% of compensation. The excluded em-
ployees began participating in the plan in the 2004
plan year.
Correction:
Employer D uses the Appendix A correction
method to correct the failure to include the five
eligible employees. Thus, Employer D makes a
corrective contribution to the plan. The amount
of the corrective contribution on behalf of the five
excluded employees for the 2003 plan year is equal
to 10% of compensation of each excluded employee,
the same allocation that was made for other eligible
employees, adjusted for earnings. The excluded
employees receive an allocation equal to 10% of
compensation (adjusted for earnings) even though,
had the excluded employeesoriginally shared in the
allocation for the 2003 contribution, their account
balances, as well as those of the other eligible em-
ployees, would have received an allocation equal to
only 9% of compensation.
Example 12:
The facts are the same as inExample 11.
Correction:
Employer D uses the reallocation correction
method to correct the failure to include the five
eligible employees. Thus, the account balances are
adjusted to reflect what would have resulted from
the correct allocation of the employer contribution
for the 2003 plan year among all eligible employees,
including the five excluded employees. The inclu-
sion of the excluded employees in the allocation of
that contribution would have resulted in each eligi-
ble employee, includingeach excluded employee,
receiving an allocation equal to 9% of compensation.
Accordingly, the account balance of each excluded
employee is increased by 9% of the employee’s 2003
compensation, adjusted for earnings. The account
balance of each of the eligible employees other
than the excluded employees is reduced by 1% of
the employee’s 2003 compensation, adjusted for
earnings. Employer D determines the adjustment
for earnings using the earnings rate of each eligible
employee’s excess allocation (using reasonable, con-
sistent assumptions). Accordingly, for an employee
who shared in the original allocation and directed
the investment of the allocation into more than one
investment fund or who subsequently transferred a
portion of a fund that had been credited with a portion
of the 2003 allocation to another fund, reasonable,
consistent assumptions are followed to determine
the adjustment for earnings. It is determined that
the total of the initially determined reductions in
account balances exceeds the total of the required
increases in account balances. Accordingly, these
initially determined reductions are decreasedpro
rataso that the total of the actual reductions in ac-
count balances equals the total of the increases in the
account balances, and Employer D does not make
any corrective contribution. The reductions from the
account balances are made on apro ratabasis among
all of the funds in whicheach employee’s account
balance is invested.
Example 13:
The facts are the same as inExample 11.
May 30, 20069792006–22 I.R.B.

Correction:
The correction is the same as inExample 12,ex-
cept that, because most of the employees whose ac-
count balances are being reduced are nonhighly com-
pensated employees, for administrative convenience,
Employer D uses the earnings rate of the fund with
the lowest earnings rate for the period of the failure
to adjust the reduction to each account balance. It is
determined that the aggregate amount (adjusted for
earnings) by which the account balances of the ex-
cluded employees is increased exceeds the aggregate
amount (adjusted for earnings) by which the other
employees’ account balances are reduced. Accord-
ingly, Employer D makes a contribution to the plan
in an amount equal to the excess. The reduction from
account balances is made on apro ratabasis among
all of the funds in which each employee’s account
balance is invested.
.03Vesting Failures.
(1) Correction Methods. (a) Contribu-
tion Correction Method. A failure in a de-
fined contribution plan to apply the proper
vesting percentage to an employee’s ac-
count balance that results in forfeiture of
too large a portion of the employee’s ac-
count balance may be corrected using the
contribution correction method set forth
in this paragraph. The employer makes
a corrective contribution on behalf of the
employee whose account balance was im-
properlyforfeitedinanamountequalto
the improper forfeiture. The corrective
contribution is adjusted for earnings. If,
as a result of the improper forfeiture, an
amount was improperly allocated to the ac-
count balance of another employee, no re-
duction is made to the account balance of
that employee. (See Example 14.)
(b) Reallocation Correction Method. In
lieu of the contribution correction method,
in a defined contribution plan under which
forfeitures of account balances are reallo-
cated among the account balances of the
other eligible employees in the plan, a fail-
ure to apply the proper vesting percentage
to an employee’s account balance which
results in forfeiture of too large a portion
of the employee’s account balance may
be corrected under the reallocation correc-
tion method set forth in this paragraph.
A corrective reallocation is made in ac-
cordance with the reallocation correction
method set forth in section 2.02(2)(a)(iii),
subject to the limitations set forth in sec-
tion 2.02(2)(a)(iii)(F). In applying section
2.02(2)(a)(iii)(B), the account balance of
the employee who incurred the improper
forfeiture is increased by an amount equal
to the amount of the improper forfeiture
and the amount is adjusted for earnings.
In applying section 2.02(2)(a)(iii)(C)(1),
the account balance of each employee who
shared in the allocation of the improper
forfeiture is reduced by the amount of the
improper forfeiture that was allocated to
that employee’s account. The earnings
adjustments for the account balances that
are being reduced are determined in accor-
dance with sections 2.02(2)(a)(iii)(C)(2)
and (3) and the reductions after adjust-
ments for earnings are limited in accor-
dance with section 2.02(2)(a)(iii)(C)(4). In
accordance with section 2.02(2)(a)(iii)(D),
if the aggregate amount of the increases
exceeds the aggregate amount of the re-
ductions, the employer makes a corrective
contribution to the plan for the amount of
the excess. In accordance with section
2.02(2)(a)(iii)(D), if the aggregate amount
of the reductions exceeds the aggregate
amount of the increases, then the amount
by which each employee’s account bal-
ance is reduced is decreased on apro rata
basis. (See Example 15.)
(2) Examples.
Example 14:
Employer E maintains a profit-sharing plan that
provides for nonelective contributions. The plan pro-
vides for self-directed investments among four in-
vestment funds and daily valuation of account bal-
ances. The plan provides that forfeitures of account
balances are reallocated among the account balances
of other eligible employees on the basis of compen-
sation. During the 2003 plan year, Employee R ter-
minated employment with Employer E and elected
and received a single-sum distribution of the vested
portion of his account balance. No other distribu-
tions have been made since 2003. However, an in-
correct determination of Employee R’s vested per-
centage was made resulting in Employee R receiv-
ing a distribution of less than the amount to which he
was entitled under the plan. The remaining portion
of Employee R’s account balance was forfeited and
reallocated (and these reallocations were not affected
by the limitations of § 415). Most of the employees
who received allocations of the improper forfeiture
were nonhighly compensated employees.
Correction:
Employer E uses the contribution correction
method to correct the improper forfeiture. Thus, Em-
ployer E makes a contribution on behalf of Employee
R equal to the incorrectly forfeited amount (adjusted
for earnings) and Employee R’s account balance is
increased accordingly. Noreduction is made from
the account balances of the employees who received
an allocation of the improper forfeiture.
Example 15:
ThefactsarethesameasinExample 14.
Correction:
Employer E uses the reallocation correction
method to correct the improper forfeiture. Thus,
Employee R’s account balance is increased by the
amount that was improperly forfeited (adjusted for
earnings). The account ofeach employee who shared
in the allocation of the improper forfeiture is reduced
by the amount of the improper forfeiture that was
allocated to that employee’s account (adjusted for
earnings). Because most of the employees whose
account balances are being reduced are nonhighly
compensated employees, for administrative conve-
nience, Employer E uses the earnings rate of the
fund with the lowest earnings rate for the period of
the failure to adjust the reduction to each account
balance. It is determined that the amount (adjusted
for earnings) by which the account balance of Em-
ployee R is increased exceeds the aggregate amount
(adjusted for earnings) by which the other employ-
ees’ account balances are reduced. Accordingly,
Employer E makes a contribution to the plan in an
amount equal to the excess. The reduction from the
account balances is made on apro ratabasis among
all of the funds in whicheach employee’s account
balance is invested.
.04§ 415 Failures.
(1) Failures Relating to a § 415(b) Ex-
cess.
(a) Correction Methods. (i) Return of
Overpayment Correction Method. Over-
payments as a result of amounts being paid
in excess of the limits of § 415(b) may
be corrected using the return of Overpay-
ment correction method set forth in this
paragraph (1)(a)(i). The employer takes
reasonable steps to have the Overpayment
(with appropriate interest) returned by the
recipient to the plan and reduces future
benefit payments (if any) due to the em-
ployee to reflect § 415(b). To the extent
the amount returned by the recipient is less
than the Overpayment, adjusted for earn-
ings at the plan’s earnings rate, then the
employer or another person contributes the
difference to the plan. In addition, in ac-
cordance with section 6.05 of this revenue
procedure, the employer must notify the
recipient that the Overpayment was not el-
igible for favorabletax treatment accorded
to distributions from qualified plans (and,
specifically, was not eligible for tax-free
rollover). (See Examples 18 and 19.)
(ii) Adjustment of Future Payments
Correction Method.(A) In General. In
addition to the return of overpayment cor-
rection method, in thecase of plan benefits
that are being distributed in the form of
periodic payments, Overpayments as a
result of amounts being paid in excess of
the limits in § 415(b) may be corrected
by using the adjustment of future pay-
ments correction method set forth in this
paragraph (1)(a)(ii). Future payments to
the recipient are reduced so that they do
not exceed the § 415(b) maximum limit
2006–22 I.R.B.980May 30, 2006

and an additional reduction is made to
recoup the Overpayment (over a period
not longer than the remaining payment
period) so that the actuarial present value
of the additional reduction is equal to the
Overpayment plus interest at the interest
rate used by the plan to determine actuarial
equivalence. (See Examples 16 and 17.)
(B) Joint and Survivor Annuity Pay-
ments. If the employee is receiving pay-
ments in the form of a joint and survivor
annuity, with the employee’s spouse to re-
ceive a life annuity upon the employee’s
death equal to a percentage (e.g.,75%)of
the amount being paid to the employee, the
reduction of future annuity payments to re-
flect § 415(b) reduces the amount of bene-
fits payable during the lives of both the em-
ployee and spouse, but any reduction to re-
coup Overpayments made to the employee
does not reduce the amount of the spouse’s
survivor benefit. Thus, the spouse’s bene-
fit will be based on the previous specified
percentage (e.g., 75%) of the maximum
permitted under § 415(b), instead of the re-
duced annual periodic amount payable to
the employee.
(C) Overpayment Not Treated as an Ex-
cess Amount. An Overpayment corrected
under this adjustment of future payment
correction method is not treated as an Ex-
cess Amount as defined in section 5.01(3)
of this revenue procedure.
(b) Examples.
Example 16:
Employer F maintains a defined benefit plan
funded solely through employer contributions. The
plan provides that the benefits of employees are
limited to the maximum amount permitted under
§ 415(b), disregarding cost-of-living adjustments un-
der § 415(d) after benefit payments have commenced.
At the beginning of the 1998 plan year, Employee
S retired and started receiving an annual straight
life annuity of $140,000 from the plan. Due to an
administrative error, the annual amount received by
Employee S for 1998 included an Overpayment of
$10,000 (because the § 415(b)(1)(A) limit for 1998
was $130,000). This error was discovered at the
beginning of 1999.
Correction:
Employer F uses the adjustment of future pay-
ments correction method to correct the failure to sat-
isfy the limit in § 415(b). Future annuity benefit pay-
ments to Employee S are reduced so that they do not
exceed the § 415(b) maximum limit, and, in addition,
Employee S’s future benefit payments from the plan
are actuarially reduced to recoup the Overpayment.
Accordingly, Employee S’s future benefit payments
from the plan are reduced to $130,000 and further re-
duced by $1,000 annually for life, beginning in 1999.
The annual benefit amount is reduced by $1,000 an-
nually for life because, for Employee S, the actuarial
present value of a benefit of $1,000 annually for life
commencing in 1999 is equal to the sum of $10,000
and interest at the rate used by the plan to determine
actuarial equivalence beginning with the date of the
first Overpayment and ending with the date the re-
duced annuity payment begins. Thus, Employee S’s
remaining benefit payments are reduced so that Em-
ployee S receives $129,000 for 1999, and for each
year thereafter.
Example 17:
ThefactsarethesameasinExample 16.
Correction:
Employer F uses the adjustments of future pay-
ments correction method to correct the § 415(b) fail-
ure, by recouping the entire excess payment made in
1998 from Employee S’s remaining benefit payments
for 1999. Thus, Employee S’s annual annuity benefit
for 1999 is reduced to $119,400 to reflect the excess
benefit amounts (increased by interest) that were paid
from the plan to Employee S during the 1998 plan
year. Beginning in 2000, Employee S begins to re-
ceive annual benefit payments of $130,000.
Example 18:
ThefactsarethesameasinExample 16, except
that the benefit was paid to Employee S in the form
of a single-sum distribution in 1998, which exceeded
the maximum § 415(b) limits by $110,000.
Correction:
Employer F uses the return of overpayment cor-
rection method to correct the § 415(b) failure. Thus,
Employer F notifies Employee S of the $110,000
Overpayment and that the Overpayment was not
eligible for favorable tax treatment accorded to dis-
tributions from qualified plans (and, specifically, was
not eligible for tax-free rollover). The notice also
informs Employee S that the Overpayment (with
interest at the rate used by the plan to calculate the
single-sum payment) is owed to the plan. Employer
F takes reasonable steps to have the Overpayment
(with interest at the rate used by the plan to calculate
the single-sum payment) paid to the plan. Employee
S pays the $110,000 (plus the requested interest) to
the plan. It is determined that the plan’s earnings
rate for the relevant period was 2 percentage points
more than the rate used by the plan to calculate
the single-sum payment. Accordingly, Employer F
contributes the difference to the plan.
Example 19:
ThefactsarethesameasinExample 18.
Correction:
Employer F uses the return of overpayment cor-
rection method to correct the § 415(b) failure. Thus,
Employer F notifies Employee S of the $110,000
Overpayment and that the Overpayment was not
eligible for favorable tax treatment accorded to dis-
tributions from qualified plans (and, specifically, was
not eligible for tax-free rollover). The notice also
informs Employee S that the Overpayment (with
interest at the rate used by the plan to calculate the
single-sum payment) is owed to the plan. Employer
F takes reasonable steps to have the Overpayment
(with interest at the rate used by the plan to calculate
the single-sum payment) paid to the plan. As a result
of Employer F’s recovery efforts, some, but not
all, of the Overpayment (with interest) is recovered
from Employee S. It is determined that the amount
returned by Employee S to the plan is less than the
Overpayment adjusted for earnings at the plan’s
earnings rate. Accordingly, Employer F contributes
the difference to the plan.
(2) Failures Relating to a § 415(c) Ex-
cess.
(a) Correction Methods. (i) Appendix
A Correction Method. Appendix A, sec-
tion .08 sets forth the correction method for
correcting the failure to satisfy the § 415(c)
limits on annual additions.
(ii) Forfeiture Correction Method. In
addition to the Appendix A correction
method, the failure to satisfy § 415(c)
with respect to a nonhighly compensated
employee (A) who in the limitation year
of the failure had annual additions consist-
ing of both (I) either elective deferrals or
employee after-tax contributions or both
and (II) either matching or nonelective
contributions or both, (B) for whom the
matching and nonelective contributions
equal or exceed the portion of the em-
ployee’s annual addition that exceeds the
limits under § 415(c) (“§ 415(c) excess”)
for the limitation year, and (C) who has
terminated with no vested interest in the
matching and nonelective contributions
(and has not been reemployed at the time
of the correction), may be corrected by
using the forfeiture correction method
set forth in this paragraph. The § 415(c)
excess is deemed to consist solely of the
matching and nonelective contributions.
If the employee’s § 415(c) excess (ad-
justed for earnings) has previously been
forfeited, the § 415(c) failure is deemed to
be corrected. If the § 415(c) excess (ad-
justed for earnings) has not been forfeited,
that amount is placed in an unallocated
account, similar to the suspense account
described in § 1.415–6(b)(6)(iii), to be
used to reduce employer contributions in
succeeding year(s) (or if the amount would
have been allocated to other employees
who were in the plan for the year of the
failure if the failure had not occurred, then
that amount is reallocated to the other
employees in accordance with the plan’s
allocation formula).Note that while this
correction method will permit more fa-
vorable tax treatment of elective deferrals
for the employee than the Appendix A
correction method, this correction method
May 30, 20069812006–22 I.R.B.

could be less favorable to the employee in
certain cases, for example, if the employee
is subsequently reemployed and becomes
vested. (See Examples 20 and 21.)
(iii) Return of Overpayment Correc-
tion Method. A failure to satisfy § 415(c)
that includes a distribution of the § 415(c)
excess attributable to nonelective contri-
butions and matching contributions may
be corrected using the return of Overpay-
ment correction method set forth in this
paragraph. The employer takes reasonable
steps to have the Overpayment (i.e.,the
distribution of the § 415(c) excess adjusted
for earnings to the date of the distribution),
plus appropriate interest from the date of
the distribution to the date of the repay-
ment, returned by the employee to the
plan. To the extent the amount returned by
the employee is less than the Overpayment
adjusted for earnings at the plan’s earnings
rate, then the employer or another person
contributes the difference to the plan. The
Overpayment, adjusted for earnings at the
plan’s earnings rate to the date of the re-
payment, is to be placed in an unallocated
account, similar to the suspense account
described in § 1.415–6(b)(6)(iii), to be
used to reduce employer contributions
in succeeding year(s) (or if the amount
would have been allocated to other eligi-
ble employees who were in the plan for
the year of the failure if the failure had not
occurred, then that amount is reallocated
to the other eligible employees in accor-
dance with the plan’s allocation formula).
In addition, the employer must notify
the employee that the Overpayment was
not eligible for favorable tax treatment
accorded to distributions from qualified
plans (and, specifically, was not eligible
for tax-free rollover).
(b) Examples.
Example 20:
Employer G maintains a 401(k) plan. The plan
provides for nonelective employer contributions,
elective deferrals, and employee after-tax contri-
butions. The plan provides that the nonelective
contributions vest under a 5-year cliff vesting sched-
ule. The plan provides that when an employee
terminates employment, the employee’s nonvested
account balance is forfeited five years after a dis-
tribution of the employee’s vested account balance
and that forfeitures are used to reduce employer
contributions. For the 1998 limitation year, the
annual additions made on behalf of two nonhighly
compensated employees in the plan, Employees T
and U, exceeded the limit in § 415(c). For the 1998
limitation year, Employee T had § 415 compensation
of $60,000, and, accordingly, a § 415(c)(1)(B) limit
of $15,000. Employee T made elective deferrals and
employee after-tax contributions. For the 1998 limi-
tation year, Employee U had § 415 compensation of
$40,000, and, accordingly,a § 415(c)(1)(B) limit of
$10,000. Employee U made elective deferrals. Also,
on January 1, 1999, Employee U, who had three
years of service with Employer G, terminated his
employment and received his entire vested account
balance (which consisted of his elective deferrals).
The annual additions for Employees T and U con-
sisted of:
TU
Nonelective Contributions
$ 7,500$ 4,500
Elective Deferrals10,000
5,800
After-tax Contributions
500
0
Total Contributions
$18,000$10,300
§415
(c) Limit
$15,
000
$10,
000
§ 415(c) Excess
$ 3,000$ 300
Correction:
Em
ployer G uses the Appendix A correction
method to correct the § 415(c) excess with respect
to Employee T (i.e., $3,000). Thus, a distribution
o
f plan assets (and corresponding reduction of the
account balance) consisting of $500 (adjusted for
earnings) of employee after-tax contributions and
$
2,500 (adjusted for earnings) of elective deferrals is
made to Employee T. Employer G uses the forfeiture
correction method to correct the § 415(c) excess
with respect to Employee U. Thus, the § 415(c)
excess is deemed to consist solely of the nonelective
contributions. Accordingly, Employee U’s non-
vested account balance is reduced by $300 (adjusted
for earnings) which is placed in an unallocated ac-
count, similar to the suspense account described in
§ 1.415–6(b)(6)(iii), to be used to reduce employer
contributions in succeeding year(s). After correction,
it is determined that the ADP and ACP tests for 1998
were satisfied.
Example 21:
Employer H maintains a 401(k) plan. The plan
provides for nonelective employer contributions,
matching contributions and elective deferrals. The
plan provides for matching contributions that are
equal to 100% of an employee’s elective defer-
rals that do not exceed 8% of the employee’s plan
compensation for the plan year. For the 1998 lim-
itation year, Employee V had § 415 compensation
of $50,000, and, accordingly, a § 415(c)(1)(B) limit
o
f $12,500. During that limitation year, the annual
additions for Employee V totaled $15,000, consisting
of $5,000 in elective deferrals, a $4,000 matching
c
ontribution (8% of $50,000), and a $6,000 non-
elective employer contribution. Thus, the annual
additions for Employee V exceeded the § 415(c)
limit by $2,500.
Correction:
E
mployer H uses the Appendix A correction
method to correct the § 415(c) excess with respect
to Employee V (i.e., $2,500). Accordingly, $1,000
o
f the unmatched elective deferrals (adjusted for
earnings) are distributed to Employee V. The remain-
ing $1,500 excess is apportioned equally between
the elective deferrals and the associated matching
employer contributions, so Employee V’s account
balance is further reduced by distributing to Em-
ployee V $750 (adjusted for earnings) of the elective
deferrals and forfeiting $750 (adjusted for earnings)
of the associated employer matching contributions.
The forfeited matching contributions are placed in an
unallocated account; similar to the suspense account
described in § 1.415–6(b)(6)(iii), to be used to reduce
employer contributions in succeeding year(s). After
correction, it is determined that the ADP and ACP
tests for 1998 were satisfied.
.05Correction of Other Overpayment
Failures.
An Overpayment, other than one de-
scribed in section 2.04(1) (relating to a
§ 415(b) excess) or section 2.04(2) (re-
lating to a § 415(c) excess), may be cor-
rected in accordance with this section 2.05.
An Overpayment from a defined benefit
plan is corrected in accordance with the
rulesinsection2.04(1).AnOverpayment
from a defined contribution plan is cor-
rected in accordance with the rules in sec-
tion 2.04(2)(a)(iii).
.06§ 401(a)(17) Failures.
(1) Reduction of Account Balance
Correction Method. The allocation of
contributions or forfeitures under a de-
fined contribution plan for a plan year on
the basis of compensation in excess of
the limit under § 401(a)(17) for the plan
year may be corrected using the reduc-
tion of account balance correction method
set forth in this paragraph. The account
balance of an employee who received an
allocation on the basis of compensation in
2006–22 I.R.B.982May 30, 2006

excess of the § 401(a)(17) limit is reduced
by this improperly allocated amount (ad-
justed for earnings). If the improperly
allocated amount would have been allo-
cated to other employees in the year of the
failure if the failure had not occurred, then
that amount (adjusted for earnings) is real-
located to those employees in accordance
with the plan’s allocation formula. If the
improperly allocated amount would not
have been allocated to other employees
absent the failure, that amount (adjusted
for earnings) is placed in an unallocated
account, similar to the suspense account
described in § 1.415–6(b)(6)(iii), to be
used to reduce employer contributions in
succeeding year(s). For example, if a plan
provides for a fixed level of employer con-
tributions for each eligible employee, and
the plan provides that forfeitures are used
to reduce future employer contributions,
the improperly allocated amount (adjusted
for earnings) would be used to reduce
future employer contributions. (See Ex-
ample 20.) If a payment was made to an
employee and that payment was attribut-
able to an improperly allocated amount,
then it is an Overpayment defined in sec-
tion 5.01(6) of this revenue procedure that
must be corrected (see sections 2.04 and
2.05).
(2) Example.
Example 22:
Employer J maintains a money purchase pension
plan. Under the plan, an eligible employee is entitled
to an employer contribution of 8% of the employee’s
compensation up to the § 401(a)(17) limit ($200,000
for 2003). During the 2003 plan year, an eligible
employee, Employee W, inadvertently was credited
with a contribution based on compensation above the
§ 401(a)(17) limit. Employee W’s compensation for
2003 was $220,000. Employee W received a contri-
bution of $17,600 for 2003 (8% of $220,000), rather
than the contribution of $16,000 (8% of $200,000)
provided by the plan for that year, resulting in an im-
proper allocation of $1,600.
Correction:
The § 401(a)(17) failure is corrected using the re-
duction of account balance method by reducing Em-
ployee W’s account balance by $1,600 (adjusted for
earnings) and crediting that amount to an unallocated
account, similar to the suspense account described in
§ 1.415–6(b)(6)(iii), to be used to reduce employer
contributions insucceeding year(s).
.07Correction by Amendment.
(1) § 401(a)(17) Failures. (a) Contri-
bution Correction Method. In addition
to the reduction of account balance cor-
rection method under section 2.06 of this
Appendix B, an employer may correct a
§ 401(a)(17) failure for a plan year under
a defined contribution plan by using the
contribution correctionmethodsetforthin
this paragraph. The employer contributes
an additional amount on behalf of each of
the other employees (excluding each em-
ployee for whom there was a § 401(a)(17)
failure) who received an allocation for the
year of the failure, amending the plan (as
necessary) to provide for the additional al-
location. The amount contributed for an
employee is equal to the employee’s plan
compensation for the year of the failure
multiplied by a fraction, the numerator of
which is the improperly allocated amount
made on behalf of the employee with the
largest improperly allocated amount, and
the denominator of which is the limit under
§ 401(a)(17) applicable to the year of the
failure. The resulting additional amount
for each of the other employees is adjusted
for earnings. (See Example 21.)
(b) Examples.
Example 23:
ThefactsarethesameasinExample 22.
Correction:
Employer J corrects the failure under VCP using
the contribution correction method by (1) amend-
ing the plan to increase the contribution percentage
for all eligible employees (other than Employee
W) for the 2003 plan year and (2) contributing an
additional amount (adjusted for earnings) for those
employees for that plan year. To determine the
increase in the plan’s contribution percentage (and
the additional amount contributed on behalf of each
eligible employee), the improperly allocated amount
($1,600) is divided by the § 401(a)(17) limit for 2003
($200,000). Accordingly, the plan is amended to
increase the contribution percentage by 0.8 percent-
age points ($1,600/$200,000) from 8% to 8.8%. In
addition, each eligible employee for the 2003 plan
year (other than EmployeeW) receives an additional
contribution of 0.8% multiplied by that employee’s
plan compensation for 2003. This additional contri-
bution is adjusted for earnings.
(2) Hardship Distribution Failures and
Plan Loan Failures. (a) Plan Amend-
ment Correction Method. The Operational
Failure of making hardship distributions
to employees under a plan that does not
provide for hardship distributions may
be corrected using the plan amendment
correction method setforth in this para-
graph. The plan is amended retroactively
to provide for the hardship distributions
that were made available. This paragraph
does not apply unless (i) the amendment
satisfies § 401(a), and (ii) the plan as
amended would have satisfied the qualifi-
cation requirements of § 401(a) (including
the requirements applicable to hardship
distributions under § 401(k), if applicable)
had the amendment been adopted when
hardship distributions were first made
available. (See Example 24.) The Plan
Amendment Correction Method is also
available for the Operational Failure of
permitting plan loans to employees un-
der a plan that does not provide for plan
loans. The plan is amended retroactively
to provide for the plan loans that were
made available. This paragraph does not
apply unless (i) the amendment satisfies
§ 401(a), and (ii) the plan as amended
would have satisfied the qualification
requirements of § 401(a) (and the re-
quirements applicable to plan loans under
§ 72(p)) had the amendment been adopted
when plan loans were first made available.
(b) Example.
Example 24:
Employer K, a for-profit corporation, maintains
a 401(k) plan. Although plan provisions in 2002 did
not provide for hardship distributions, beginning in
2002 hardship distributions of amounts allowed to
be distributed under § 401(k) were made currently
and effectively available to all employees (within the
meaning of § l.401(a)(4)–4). The standard used to de-
termine hardship satisfied the deemed hardship dis-
tribution standards in § 1.401(k)–1(d)(2). Hardship
distributions were made to a number of employees
during the 2002 and 2003 plan years, creating an Op-
erational Failure. The failure was discovered in 2004.
Correction:
Employer K corrects the failure under VCP by
adopting a plan amendment, effective January 1,
2002, to provide a hardship distribution option that
satisfies the rules applicable to hardship distributions
in § 1.401(k)–1(d)(2). The amendment provides that
the hardship distribution option is available to all
employees. Thus, the amendment satisfies § 401(a),
and the plan as amended in 2004 would have sat-
isfied § 401(a) (including § 1.401(a)(4)–4 and the
requirements applicable to hardship distributions
under § 401(k)) if the amendment had been adopted
in 2002.
(3) Early Inclusion of Otherwise Eligi-
ble Employee Failure. (a) Plan Amend-
ment Correction Method. The Operational
Failure of including an otherwise eligible
employee in the plan who either (i) has
not completed the plan’s minimum age
or service requirements, or (ii) has com-
pleted the plan’s minimum age or service
requirements but became a participant in
the plan on a date earlier than the appli-
cable plan entry date, may be corrected
by using the plan amendment correction
method set forth in this paragraph. The
plan is amended retroactively to change
May 30, 20069832006–22 I.R.B.

the eligibility or entry date provisions to
provide for the inclusion of the ineligible
employee to reflect the plan’s actual op-
erations. The amendment may change the
eligibility or entry date provisions with
respect to only those ineligible employees
that were wrongly included, and only to
those ineligible employees, provided (i)
the amendment satisfies § 401(a) at the
time it is adopted, (ii) the amendment
would have satisfied § 401(a) had the
amendment been adopted at the earlier
time when it is effective, and (iii) the em-
ployees affected by the amendment are
predominantly nonhighly compensated
employees.
(b) Example
Example 25:
Employer L maintains a 401(k) plan applicable
to all of its employees who have at least six months
of service. The plan is a calendar year plan. The
plan provides that Employer L will make matching
contributions based upon an employee’s salary reduc-
tion contributions. In 2001, it is discovered that all
four employees who were hired by Employer L in
2000 were permitted to make salary reduction con-
tributions to the plan effective with the first weekly
paycheck after they were employed. Three of the four
employees are nonhighly compensated. Employer L
matched these employees’ salary reduction contribu-
tions in accordance with the plan’s matching contri-
bution formula. Employer L calculates the ADP and
ACP tests for 2000 (taking into account the salary re-
duction and matching contributions that were made
for these employees) and determines that the tests
were satisfied.
Correction:
Employer L corrects the failure under SCP by
adopting a plan amendment,effective for employees
hired on or after January 1, 2000, to provide that there
is no service eligibility requirement under the plan
and submitting the amendment to the Service for a
determination letter.
SECTION 3. EARNINGS
ADJUSTMENT METHODS AND
EXAMPLES
.01Earnings Adjustment Methods.(1)
In general. (a) Under section 6.02(4)(a)
of this revenue procedure, whenever the
appropriate correctionmethodforanOp-
erational Failure in a defined contribution
plan includes a corrective contribution or
allocation that increases one or more em-
ployees’ account balances (now or in the
future), the contribution or allocation is
adjusted for earnings and forfeitures. This
section 3 provides earnings adjustment
methods (but not forfeiture adjustment
methods) that may be used by an em-
ployer to adjust a corrective contribution
or allocation for earnings in a defined
contribution plan. Consequently, these
earnings adjustment methods may be used
to determine the earnings adjustments
for corrective contributions or allocations
made under the correction methods in sec-
tion 2 and under the correction methods
in Appendix A. If an earnings adjustment
method in this section 3 is used to adjust
a corrective contribution or allocation,
that adjustment is treated as satisfying the
earnings adjustment requirement of sec-
tion 6.02(4)(a) of this revenue procedure.
Other earnings adjustment methods, dif-
ferent from those illustrated in this section
3, may also be appropriate for adjusting
corrective contributions or allocations to
reflect earnings.
(b) Under the earnings adjustment
methods of this section 3, a corrective
contribution or allocation that increases an
employee’s account balance is adjusted to
reflect an “earnings amount” that is based
on the earnings rate(s) (determined under
section 3.01(3)) for the period of the fail-
ure (determined under section 3.01(2)).
The earnings amount is allocated in accor-
dance with section 3.01(4).
(c)Theruleinsection6.02(5)(a)ofthis
revenue procedure permitting reasonable
estimates in certain circumstances applies
for purposes of this section 3. For this pur-
pose, a determination of earnings made in
accordance with the rules of administra-
tive convenience set forth in this section
3 is treated as a precise determination of
earnings. Thus, if the probable difference
between an approximate determination of
earnings and a determination of earnings
under this section 3 is insignificant and the
administrative cost ofa precise determina-
tion would significantly exceed the prob-
able difference, reasonable estimates may
be used in calculating the appropriate earn-
ings.
(d) This section 3 does not apply to
corrective distributions or corrective re-
ductions in account balances. Thus, for
example, while this section 3 applies in
increasing the account balance of an im-
properly excludedemployee to correct
theexclusionoftheemployeeunderthe
reallocation correction method described
in section 2.02(2)(a)(iii)(B), this section
3 does not apply in reducing the account
balances of other employees under the re-
allocation correction method. (See section
2.02(2)(a)(iii)(C) for rules that apply to
the earnings adjustments for such reduc-
tions.) In addition, this section 3 does not
apply in determining earnings adjustments
under the one-to-one correction method
described in section 2.01(1)(b)(iii).
(2) Period of the Failure. (a) General
Rule. For purposes of this section 3, the
“period of the failure” is the period from
the date that the failure began through the
date of correction. For example, in the case
of an improper forfeiture of an employee’s
account balance, the beginning of the pe-
riod of the failure is the date as of which the
account balance was improperly reduced.
(b) Rules for Beginning Date for Ex-
clusion of Eligible Employees from Plan.
(i) General Rule. In the case of an exclu-
sion of an eligible employee from a plan
contribution, the beginning of the period
of the failure is the date on which con-
tributions of the same type (e.g., elective
deferrals, matching contributions, or dis-
cretionary nonelective employer contribu-
tions) were made for other employees for
the year of the failure. In the case of an
exclusion of an eligible employee from an
allocation of a forfeiture, the beginning
of the period of the failure is the date on
which forfeitures were allocated to other
employees for the year of the failure.
(ii) Exclusion from a 401(k) or (m)
Plan. For administrative convenience,
for purposes of calculating the earnings
rate for corrective contributions for a plan
year (or the portion of the plan year) dur-
ing which an employee was improperly
excluded from making periodic elective
deferrals or employee after-tax contribu-
tions, or from receiving periodic matching
contributions, the employer may treat the
date on which the contributions would
have been made as the midpoint of the
plan year (or the midpoint of the portion
of the plan year) for which the failure
occurred. Alternatively, in this case, the
employer may treat the date on which the
contributions would have been made as the
first date of the plan year (or the portion of
the plan year) during which an employee
was excluded, provided that the earnings
rate used is one half of the earnings rate
applicable under section 3.01(3) for the
plan year (or the portion of the plan year)
for which the failure occurred.
(3) Earnings Rate. (a) General Rule.
For purposes of this section 3, the earn-
ings rate generally is based on the invest-
2006–22 I.R.B.984May 30, 2006

ment results that would have applied to the
corrective contribution or allocation if the
failure had not occurred.
(b) Multiple Investment Funds. If a
plan permits employees to direct the in-
vestment of account balances into more
than one investment fund, the earnings rate
is based on the rate applicable to the em-
ployee’s investment choices for the period
of the failure. For administrative conve-
nience, if most of the employees for whom
the corrective contribution or allocation is
made are nonhighly compensated employ-
ees, the rate of return of the fund with the
highest earnings rate under the plan for the
period of the failure may be used to de-
termine the earnings rate for all corrective
contributions or allocations. If the em-
ployee had not made any applicable in-
vestment choices, the earnings rate may be
based on the earnings rate under the plan
as a whole (i.e., the average of the rates
earned by all of the funds in the valua-
tion periods during the period of the failure
weighted by the portion of the plan assets
invested in the various funds during the pe-
riod of the failure).
(c) Other Simplifying Assumptions.
For administrative convenience, the earn-
ings rate applicable to the corrective con-
tribution or allocation for a valuation
period with respect to any investment fund
may be assumed to be the actual earnings
rate for the plan’s investments in that fund
during that valuation period. For exam-
ple, the earnings rate may be determined
without regard to any special investment
provisions that vary according to the size
of the fund. Further, the earnings rate
applicable to the corrective contribution
or allocation for a portion of a valuation
period may be apro rataportion of the
earnings rate for the entire valuation pe-
riod, unless the application of this rule
would result in either a significant under-
statement or overstatement of the actual
earnings during that portion of the valua-
tion period.
(4) Allocation Methods. (a) In General.
For purposes of this section 3, the earnings
amount generally may be allocated in ac-
cordance with any of the methods set forth
in this paragraph (4). The methods under
paragraph (4)(c), (d), and (e) are intended
to be particularly helpful where corrective
contributions are made at dates between
the plan’s valuation dates.
(b) Plan Allocation Method. Under
the plan allocation method, the earnings
amount is allocated to account balances
under the plan in accordance with the
plan’s method for allocating earnings as if
the failure had not occurred. (See Exam-
ple 26.)
(c) Specific Employee Allocation
Method. Under the specific employee
allocation method, the entire earnings
amount is allocated solely to the account
balance of the employee on whose behalf
the corrective contribution or allocation
is made (regardless of whether the plan’s
allocation method would have allocated
the earnings solely to that employee). In
determining the allocation of plan earn-
ings for the valuation period during which
the corrective contribution or allocation is
made, the corrective contribution or allo-
cation (including the earnings amount) is
treated in the same manner as any other
contribution under the plan on behalf of
the employee during that valuation period.
Alternatively, where the plan’s allocation
method does not allocate plan earnings
for a valuation period to a contribution
made during that valuation period, plan
earnings for the valuation period during
which the corrective contribution or al-
location is made may be allocated as if
that employee’s account balance had been
increased as of the last day of the prior
valuation period by the corrective contri-
bution or allocation, including only that
portion of the earnings amount attribut-
able to earnings through the last day of the
prior valuation period. The employee’s
account balance is then further increased
as of the last day of the valuation period
during which the corrective contribution
or allocation is made by that portion of the
earnings amount attributable to earnings
after the last day of the prior valuation
period. (See Example 27.)
(d) Bifurcated Allocation Method. Un-
der the bifurcated allocation method, the
entire earnings amount for the valuation
periods ending before the date the correc-
tive contribution or allocation is made is
allocated solely to the account balance of
the employee on whose behalf the cor-
rective contribution or allocation is made.
The earnings amount for the valuation pe-
riod during which the corrective contribu-
tion or allocation is made is allocated in ac-
cordance with the plan’s method for allo-
cating other earnings for that valuation pe-
riod in accordance withsection 3.01(4)(b).
(See Example 28.)
(e) Current Period Allocation Method.
Under the current period allocation
method, the portion of the earnings amount
attributable to the valuation period dur-
ing which the period of the failure begins
(“first partial valuation period”) is allo-
cated in the same manner as earnings for
the valuation period during which the cor-
rective contribution or allocation is made
in accordance section 3.01(4)(b). The
earnings for the subsequent full valuation
periods ending before the beginning of
the valuation period during which the cor-
rective contribution or allocation is made
are allocated solely to the employee for
whom the required contribution should
have been made. The earnings amount
for the valuation period during which the
corrective contribution or allocation is
made (“second partial valuation period”)
is allocated in accordance with the plan’s
method for allocating other earnings for
that valuation period in accordance with
section 3.01(4)(b). (See Example 29.)
.02Examples.
Example 26:
Employer L maintains a profit-sharing plan that
provides only for nonelective contributions. The plan
has a single investment fund. Under the plan, assets
are valued annually (the last day of the plan year) and
earnings for the year are allocated in proportion to ac-
count balances as of the last day of the prior year, after
reduction for distributions during the current year but
without regard to contributions received during the
current year (the “prior year account balance”). Plan
contributions for 1997 were made on March 31, 1998.
On April 20, 2000, Employer L determines that an op-
erational failure occurred for 1997 because Employee
X was improperly excluded from the plan. Employer
L decides to correct the failure by using the Appen-
dixAcorrectionmethodfortheexclusionofanel-
igible employee from nonelective contributions in a
profit-sharing plan. Under this method, Employer L
determines that this failure is corrected by making a
contribution on behalf of Employee X of $5,000 (ad-
justed for earnings). The earnings rate under the plan
for 1998 was +20%. The earnings rate under the plan
for 1999 was +10%. On May 15, 2000, when Em-
ployer L determines that a contribution to correct for
the failure will be made on June 1, 2000, a reasonable
estimate of the earnings rate under the plan from Jan-
uary 1, 2000 to June 1, 2000 is +12%.
Earnings Adjustment on the Corrective Contribution:
The $5,000 corrective contribution on behalf of
Employee X is adjusted to reflect an earnings amount
based on the earnings rates for the period of the fail-
ure (March 31, 1998 through June 1, 2000) and the
earnings amount is allocated using the plan alloca-
tion method. Employer L determines that apro rata
simplifying assumption may be used to determine the
May 30, 20069852006–22 I.R.B.

earnings rate for the period from March 31, 1998 to
December 31, 1998, because that rate does not sig-
nificantly understate or overstate the actual earnings
for that period. Accordingly, Employer L determines
that the earnings rate for that period is 15% (9/12 of
the plan’s 20% earnings rate for the year). Thus, ap-
plicable earnings rates under the plan during the pe-
riod of the failure are:
Time PeriodsEarnings Rate
3/31/98 - 12/31/98 (First Partial Valuation Period)
+15%
1/1/99 - 12/31/99+10%
1/1/00 - 6/1/00 (Second Partial Valuation Period)+12%
If the $5,000 corrective contribution had been
contributed for Employee X on March 31, 1998,
(1) earni
ngs for 1998 would have been increased
by the amount of the earnings on the additional
$5,000 contribution from March 31, 1998 through
December
31, 1998, and would have been allo-
cated as 1998 earnings in proportion to the prior
year (December 31, 1997) account balances, (2)
Employe
e X’s account balance as of December 31,
1998, would have been increased by the additional
$5,000 contribution, (3) earnings for 1999 would
have be
en increased by the 1999 earnings on the
additional $5,000 contribution (including 1998 earn-
ings thereon) allocated in proportion to the prior
year (D
ecember 31, 1998) account balances along
with other 1999 earnings, and (4) earnings for 2000
would have been increased by the earnings on the
addit
ional $5,000 (including 1998 and 1999 earnings
thereon) from January 1 to June 1, 2000, and would
be allocated in proportion to the prior year (Decem-
ber 31, 1999) account balances along with other
2000 earnings. Accordingly, the $5,000 corrective
contribu
tion is adjusted to reflect an earnings amount
of $2,084 ($5,000[(1.15)(1.10)(1.12)–1]) and the
earnings amount is allocated to the account balances
under the
plan allocation method as follows:
(a) Each account balance that shared in the allo-
cation of earnings for 1998 is increased, as of Decem-
ber 31, 1
998, by its appropriate share of the earnings
amount for 1998, $750 ($5,000(.15)).
(b) Employee X’s account balance is increased,
as of Dec
ember 31, 1998, by $5,000.
(c) The resulting December 31, 1998 account
balances will share in the 1999 earnings, including
the $575
for 1999 earnings included in the corrective
contribution ($5,750(.10)), to determine the account
balances as of December 31, 1999. However, each
accoun
t balance other than Employee X’s account
balance has already shared in the 1999 earnings,
excluding the $575. Accordingly, Employee X’s ac-
count balance as of December 31, 1999 will include
$500 of th
e 1999 portion of the earnings amount
based on the $5,000 corrective contribution allocated
to Employee X’s account balance as of December
31, 1998 (
$5,000(.10)). Then each account balance
that originally shared in the allocation of earnings
for 1999 (i.e., excluding the $5,500 additions to
Employe
e X’s account balance) is increased by its
appropriate share of the remaining 1999 portion of
the earnings amount, $75.
(d) The r
esulting December 31, 1999 account bal-
ances (including the $5,500 additions to Employee
X’s account balance) will share in the 2000 portion
of the e
arnings amount based on the estimated Jan-
uary 1, 2000 to June 1, 2000 earnings included in the
corrective contribution equal to $759 ($6,325(.12)).
(See Ta
ble 1.)
TABLE 1
CALCULATION AND ALLOCATION OF THE
CORRECTIVE AMOUNT ADJUSTED FOR EARNINGS
Earnings RateAmountAllocated to:
Corrective Contribution
$5,000
Employee X
First Partial Valuation Period Earnings
15%750
1
All 12/31/1997 Account Balances
4
1999 Earnings10%
575
2
Employee X ($500)/All 12/31/1998
Account Balances ($75)
4
Second Partial Valuation Period
Earnings
12%
759
3
All 12/31/1999 Account Balances
(including Employee X’s $5,500)
4
Total Amount Contributed
$7,084
1
$5,000 x 15%
2
$5,750($5,000 +750) x 10%
3
$6,325($5,000 +750 +575) x 12%
4
After reduction for distributions during the year for which earning are being determined but without regard to contributions received during the yearfor
which earnings are being determined.
Example 27:
The facts are the same as inExample 26.
Earnings Adjustment on the Corrective Contribution:
The earnings amount on the corrective contribu-
tion is the same as inExample 23, but the earnings
amount is allocated using the specific employee al-
location method. Thus, the entire earnings amount
for all periods through June 1, 2000 (i.e., $750 for
March 31, 1998 to December 31, 1998, $575 for
1999, and $759 for January 1, 2000 to June 1, 2000)
is allocated to Employee X. Accordingly, Employer
L makes a contribution on June 1, 2000 to the plan
of $7,084 ($5,000(1.15)(1.10)(1.12)). Employee X’s
account balance as of December 31, 2000 is increased
by $7,084. Alternatively, Employee X’s account bal-
ance as of December 31, 1999is increased by $6,325
($5,000(1.15)(1.10)), which shares in the allocation
of earnings for 2000, and Employee X’s account bal-
ance as of December 31, 2000 is increased by the re-
maining $759. (See Table 2.)
2006–22 I.R.B.986May 30, 2006

TABLE 2
CALCULATION AND ALLOCATION OF THE
CORRECTIVE AMOUNT ADJUSTED FOR EARNINGS
Earnings RateAmountAllocated to:
Corrective Contribution
$5,000
Employee X
First Partial Valuation Period Earnings
15%750
1
Employee X
1999 Earnings10%
575
2
Employee X
Second Partial Valuation Period
Earnings
12%
759
3
Employee X
Total Amount Contributed
$7,084
1
$5,000 x 15%
2
$5,750($5,000 +750) x 10%
3
$6,325($5,000 +750 +575) x 12%
Example 28:
The facts are the same as inExample 26.
Earnings Adjustment on the Corrective Contribution:
The earnings amount on the corrective contribu-
tion is the same as inExample 23, but the earnings
amount is allocated using the bifurcated allocation
method. Thus, the earnings for the first partial val-
uation period (March 31, 1998 to December 31,
1998) and the earnings for 1999 are allocated to
Employee X. Accordingly, Employer L makes a
contribution on June 1, 2000 to the plan of $7,084
($5,000(1.15)(1.10)(1.12)). Employee X’s account
balance as of December 31, 1999 is increased by
$6,325 ($5,000(1.15)(1.10)); and the December 31,
1999 account balances of employees (including Em-
ployee X’s increased account balance) will share
in estimated January 1, 2000 to June 1, 2000 earn-
ings on the corrective contribution equal to $759
($6,325(.12)). (See Table 3.)
TABLE 3
CALCULATION AND ALLOCATION OF THE
CORRECTIVE AMOUNT ADJUSTED FOR EARNINGS
Earnings RateAmountAllocated to:
Corrective Contribution
$5,000
Employee X
First Partial Valuation Period Earnings
15%750
1
Employee X
1999 Earnings10%
575
2
Employee X
Second Partial Valuation Period
Earnings
12%
759
3
12/31/99 Account Balances (including
Employee X’s $6,325)
4
Total Amount Contributed
$7,084
1
$5,000 x 15%
2
$5,750($5,000 +750) x 10%
3
$6,325($5,000 +750 +575) x 12%
4
After reduction for distributions during the 2000 year but without regard to contributions received during the 2000 year.
May 30, 20069872006–22 I.R.B.

Example 29:
The facts are the same as inExample 26.
Earnings Adjustment on the Corrective Contribution:
The earnings amount on the corrective contribu-
tion is the same as inExample 23, but the earnings
amount is allocated using the current period alloca-
tion method. Thus, the earnings for the first partial
valuation period (March 31, 1998 to December 31,
1998) are allocated as 2000 earnings. Accordingly,
Employer L makes a contribution on June 1, 2000 to
the plan of $7,084 ($5,000 (1.15)(1.10)(1.12)). Em-
ployee X’s account balance as of December 31, 1999
is increased by the sum of $5,500 ($5,000(1.10)) and
the remaining 1999 earnings on the corrective contri-
bution equal to $75 ($5,000(.15)(.10)). Further, both
(1) the estimated March 31, 1998 to December 31,
1998 earnings on the corrective contribution equal
to $750 ($5,000(.15)) and (2) the estimated January
1, 2000 to June 1, 2000 earnings on the corrective
contribution equal to $759 ($6,325(.12)) are treated
in the same manner as 2000 earnings by allocating
these amounts to the December 31, 2000 account bal-
ances of employees in proportion to account balances
as of December 31, 1999 (including Employee X’s
increased account balance). (See, Table 4.) Thus,
Employee X is allocated the earnings for the full val-
uation period during the period of the failure.
TABLE 4
CALCULATION AND ALLOCATION OF THE
CORRECTIVE AMOUNT ADJUSTED FOR EARNINGS
Earnings RateAmountAllocated to:
Corrective Contribution
$5,000
Employee X
First Partial Valuation Period Earnings
15%750
1
12/31/99 Account Balances (including
Employee X’s $5,575)
4
1999 Earnings10%
575
2
Employee X
Second Partial Valuation Period
Earnings
12%
759
3
12/31/99 Account Balances (including
Employee X’s $5,575)
4
Total Amount Contributed
$7,084
1
$5,000 x 15%
2
$5,750($5,000 +750) x 10%
3
$6,325($5,000 +750 +575) x 12%
4
After reduction for distributions during the year for which earnings are being determined but without regard tocontributions received during the year for
which earnings are being determined.
2006–22 I.R.B.988May 30, 2006

APPENDIX C
VCP CHECKLIST
IS YOUR SUBMISSION COMPLETE?
INSTRUCTIONS
The Service will be able to respond more quickly to your VCP request if it is carefully prepared and complete. To ensure that your
request is in order, use this checklist. Answer each question in the checklist by inserting yes, no, or N/A, as appropriate, in the
blank next to the item.Sign and date the checklist (as taxpayer or authorized representative) and include it in the submission as
provided in section 11.09 of Rev. Proc. 2006–27 (Hereafter, all section references are to Rev. Proc. 2006–27.)
You must submit a completed copy of this checklist with your request. If a completed checklist is not submitted with your request,
substantive consideration of your submission will be deferred until a completed checklist is received.
TAXPAYER’S NAME
TAXPAYER’S I.D. NO.
PLAN NAME & NO.
ATTORNEY/P.O.A.
The following items relate to all submissions:
1. Does the submission consist solely of a failure to amend a plan timely for (a) good faith plan amendments
for EGTRRA, (b) plan amendments for the final and temporary regulations under § 401(a)(9) or (c) interim
amendments? If yes, please proceed to Appendix F.(See section 11.01 and sections 4.06 and 10.08.)
2. Have you included an explanation of how and why the failure(s) arose, including a description of the
administrative procedures for the plan in effect at the time the failure(s) occurred? (See section 11.02(3)
and (4).)
3. Have you included a detailed description of the method for correcting the failure(s) identified in your
submission? This description must include, for example, the number of employees affected and the expected
cost of correction (both of which may be approximated if the exactnumber cannot be determined at
the time of the request), the years involved, and calculations or assumptions the Plan Sponsor used to
determine the amounts needed for correction. In lieu of providing correction calculations with respect to
each employee affected by a failure, you may submit calculations with respect to a representative sample
of affected employees. However, the representative sample calculations must be sufficient to demonstrate
each aspect of the correction method proposed. Note that each step of the correction method must be
described in narrative form. (See section 11.02(5).)
4. Have you described the earnings or interest methodology (indicating computation period and basis for
determining earnings or interest rates) that will be used to calculate earnings or interest on any corrective
contributions or distributions? (As a general rule, theinterest rate (or rates) earned by the plan during the
applicable period(s) should be used in determining the earnings for corrective contributions or distributions.)
(See section 11.02(6).)
5. Have you submitted specific calculations for eitheraffected employees or a representative sample of
affected employees? (See section 11.02(7).)
6. Have you described the method that will be used tolocate and notify former employees or, if there are
no former employees affected by the failure(s) or thecorrection(s), provided an affirmative statement
to that effect? (See section 11.02(8).)
7. Have you provided a description of the administrative measures that have been or will be implemented to
ensure that the same failure(s) do not recur? (See section 11.02(9).)
8. Have you included a statement that, to the best of the Plan Sponsor’s knowledge, the plan is not currently
under an Employee Plans examination? (See section 11.02(10).)
9. Have you included a statement that, to the best of the Plan Sponsor’s knowledge, the Plan Sponsor is not
under an Exempt Organizations examination? (See section 11.02(10).)
May 30, 20069892006–22 I.R.B.

10. Have you included a statement that neither the plan nor the Plan Sponsor has been a party to an
abusive tax avoidance transaction? Alternatively, haveyou provided a statement identifying the abusive tax
avoidance transaction(s) to which the plan or the Plan Sponsor has been a party? (See section 11.02(11).)
11. If the submission includes a failure related to Transferred Assets, have you included a description of the
related employer transaction, including the date of the employer transaction and the date the assets were
transferred to the plan? (See section 11.02(12).)
12. Have you included a copy of the portions of the plan document (and adoption agreement, if applicable)
relevant to the failure(s) and method(s) of correction? (See section 11.03(2).)
13. Have you included the original signature of the sponsor or the sponsor’s authorized representative?
(See section 11.06.)
14. Have you included a Power of Attorney (Form 2848)or Tax Information Authorization (Form 8821)?
Note: Authorization to represent a plan sponsor before the Service using Form 2848 is limited to attorneys,
certified public accountants, enrolled agents, and enrolled actuaries. (See section 11.07.)
15. Have you included a Penalty of Perjury Statement signed (original signature only) and dated by the Plan
Sponsor? (See section 11.08.)
16. Have you designated your submission for a Qualified Plan, 403(b) Plan, SEP, SIMPLE IRA Plan, or
Orphan Plan? In addition, the submission should indicate if the submission is a Group Submission, an
Anonymous Submission, a nonamender submission, a multiemployer or multiple employer plan submission.
(See section 11.10.)
17. Have you submitted the Appendix E acknowledgement letter? (See section 11.11.)
18. If you are requesting a waiver of the excise tax under § 4974 of the Code, have you included the request,
and, if applicable, an explanation supporting the request for any affected owner-employee or 10 percent
owner? (See section 6.09(2).)
19. If you are requesting relief of the excise tax under §§ 4972 or 4979, have you included the request and a
detailed description of the failure? (See sections 6.09 (3) & (4).)
20. If you are you requesting that participant loans being corrected under this revenue procedure not be
treated as distributions pursuant to § 72(p), have youincluded the request and a detailed description of
the failure? Alternatively, if you are requesting that participant loans being corrected under this revenue
procedure be recognized as distributions in the yearof correction, instead of the year that the deemed
distribution occurred under § 72(p), have you includedthe request and a detailed description of the failure?
(See sections 6.02(6) and 6.07.)
21. Where applicable, have you submitted an application for a determination letter and Form 8717 together
with a check for the user fee made payable to the U.S. Treasury? (See sections 10.06 and 11.03(3).)
22. If the plan is currently being considered in an unrelated determination letter application, have you
included a statement to that effect? (See section 11.02(12).)
23. Have you included a copy of the first three pages of the Form 5500 (which includes employee census
information) and the applicable Financial Information Schedule of themost recently filed Form 5500 series
return? Note: If a Form 5500 is not applicable, insert N/A and furnish the name of the plan, and the census
information required of Form 5500 series filers. (See section 11.03(1).)
24. Where applicable have you included a check for theVCP compliance fee, and, if applicable, a separate
check for the determination letter fee each made payable to the U.S. Treasury? (See sections 10.06 and
12.01).)
25. If your submission is for a terminating Orphan Plan, have you included a request for a waiver of the VCP
fee? (See section 12.02(3).)
26. Have you assembled your submission as described in section 11.14?
2006–22 I.R.B.990May 30, 2006

If you inserted “N/A” for any item enter explanation:
SignatureDate
Title or Authority
Typed or printed name of person signing checklist
May 30, 20069912006–22 I.R.B.

APPENDIX D
SAMPLE FORMATS FOR VCP SUBMISSIONS
The following sample submission formats may be photocopied and used as part of a VCP submission.
I. SAMPLE FORMAT FOR VCP SUBMISSION FOR QUALIFIED PLAN
Indicate Plan Type, and whether submission is a Group or Anonymous Submission
Identifica
tion of Failures
A complete description, for each failure, which includes (but is not limited to):
1) A description of the failure
2) Years in wh
ich the failure occurred (including closed years)
3) Number of participants affected (may be estimated)
4) A description of the administrative procedures in effect at the time the failures occurred
5) Explanation of how and why the failures occurred
Description of Proposed Method of Correction
A complete description of the correction proposed, for each failure, which includes (but is not limited to):
1) a complete description of the method of correction proposed for correcting the failure and if multiple steps are involved, a
narrative of the steps involved in implementing the proposed correction
2) the number of employees affected (may be estimated)
3) the exp
ected cost of correction (may be estimated)
4) the years involved
5) calculations or assumptions used to determine the amounts needed for correction
6) a description of the methodology that will be used to calculate earnings or actuarial adjustments on any corrective
contributions or distributions(indicating the computation periods and the basis for determining earnings or actuarial
adjustments in accordance with section 6.02(4) of Rev. Proc. 2006–27)
7) spec
ific calculations, sufficient to demonstrate each aspect ofthe correction method proposed, for each affected employee
or a r
epresentative sample of affected employees
8) the method that will be used to locate and notify former employees and beneficiaries, or an affirmative statement that no
former employees or beneficiaries were affected bythe failures or will be affected by the correction
9) if a submission includes a failure that refers to Transferred Assets and the failure occurred prior to the transfer, a description
of the transaction (including the dates of the employer change and the plan transfer)
10) any
request (with supporting rationale) for either not treating participant loans as distributions pursuant to § 72(p) or that
dee
med distributions under § 72(p) be recognized in the year of correction
11) any specific request (with supporting rationale) for relief from excise taxes under §§ 4972, 4974 or 4979
12) for Orphan Plans only, any specific request for relief (with supporting rationale) from imposition of the Voluntary
Compliance fee
Description of Administrative Procedures
A description of the administrative measures that have been or will be implemented to ensure that the failure(s) will not recur
Sample Statement regarding status of examination:
To the best of the Plan Sponsor’s knowledge (1) the subject Plan is not currently under examination of either an Employee Plans
Form 5500 series return or other Employee Plans examination, (2) the Plan Sponsor is not under an Exempt Organizations
examination (that is, an examination of a Form 990 series returnor other Exempt Organizations examination, (3) neither the
Employer nor any of its representatives have received verbal or written notification from theTEGE Division of an impending
examination or of any impending referral for such examination, nor is the Plan in Appeals or litigation for any issues raised in
such an examination, and (4) the subject Plan is not currently under investigation by the Criminal Investigation Division of the
Internal Revenue Service.
2006–22 I.R.B.992May 30, 2006

Sample Statement (if applicable) regarding status of any determination letter application not related to the VCP submission
The Plan Sponso
r applied for and has currently pending an application for a favorable determination letter with the Service
filed on(inser
t date).
Sample Statement regarding abusive tax avoidance transactions if neither the Plan nor the Plan Sponsor was a party to
such a transaction (note - if either the plan or plan sponsor was a party to such a transaction, a statement describing the
transaction will be required)
Neither the Plan nor the Plan Sponsor has been a party to an abusive tax avoidance transaction as defined in section 4.13(2) of
Rev. Proc. 2006–27.
Sample Pena
lty of Perjury:
Under penalties of perjury, I declare that I have examined this submission, including accompanying documents and, to the best of
my knowledge and belief, the facts and information presentedin support of this submission are true, correct and complete.
Name and Ti
tle(ExecutedbyPlanSponsor)
Required Documentation:
Copy of plan document (or relevant plan provisions, i.e., those provisions relatingtothefailure(s)describedinthe
submission)
Copy of the first three pages of the most recently filed Form 5500 series return and the applicable Financial Information
Schedule. (In the case of a terminated plan, the Form 5500 must be the one filed for the plan year prior to the plan year for
which the Final Form 5500 return was filed.)
Power of Attorney(Form 2848) orTax Information Authorization(Form 8821), if applicable
A statement that neither the plan nor the Plan Sponsor hasbeen a party to an abusive tax avoidance transaction (as
defined in section 4.13(2)) or a brief identification of any abusive tax avoidance transaction to which the plan or the Plan
Sponsor has been a party
Determ
ination letter application
Your submission must include a determination letter application on the appropriate Form 5300 series application form if you
are correcting a nonamender failure. A nonamender failure is a failure to amend the plan to reflect a change in a qualification
requirement within the plan’s applicable remedial amendment period. A change in a qualification requirement includes a change
arising from a statutory change, issuance of regulations or other guidance published in the Internal Revenue Bulletin. If you are
correcting the nonamender failure through the adoption of an amendment designated by the Service as a model amendment or the
adoption of a prototype or volume submitter plan for which you havereliance on the plan’s opinionor advisory letter as provided
in Rev. Proc. 2006–6, 2006–1 I.R.B. 204, no determination letter application is necessary. If your plan is terminating, or if you are
correcting a failure other than a nonamender failure through a plan amendment and you are submitting your VCP submission
during the same year the plan’s remedial amendment period is expiring, you may request a determination letter on the plan. When
submitting for a determination letter with a VCP submission, please submit the following documents:
a copy of the amendment (or entire plan, in the case of a nonamender failure)
the a
ppropriate Form 5300 series application form, and
Form 8717 and the appropriate determination letter user fee
Assembling your submission
Please assemble your submission package in the order provided in section 11.14 of this revenue procedure (and partially
reproduced below). The sample format above may be used as a tool for preparing the information required for your submission.
1. If applicable, Form 8717,User Fee for Employee Plan Determination Letter Request, and the check for the determination
letter user fee made payable to the U.S. Treasury
2. Determination letter application (Form 5300 series), if applicable
May 30, 20069932006–22 I.R.B.

3. Submission signed by the Plan Sponsor or Plan Sponsor’s authorized representative, with a check for the VCP fee made
payable to the U.S. Treasury attached to the front of the submission letter. The submission should include the following:
•Type of plan (or group of plans) being submitted
•Description of the failures (if the failures relate to Transferred Assets, include a description of the related employer trans-
action)
•An explanation of how and why the failures arose
•Description of the method for correcting failures, including earnings methodology (if applicable) and supporting com-
putations (if applicable)
•Description of the method used to locate or notify former employees affected by the failures or corrections and if no
former employees are affected by the failures or corrections, then the letter should affirmatively state that position when
addressing this issue
•Description of the administrative procedures that have beenor will be implemented to ensure that the failures do not recur
•Whether a request that participant loans corrected under this revenue procedure not be treated as distributions §72(p) is
being made and supporting rationale for such request. Alternatively, whether a request that participant loans corrected
under this revenue procedure should be treated as distributions in the year of correction is being made and supporting
rationale for such request.
•Whether relief from imposition of the excise taxes under §§ 4972, 4974 or 4979 is being requested, and the supporting
rationale for such relief
•If the plan is an Orphan Plan, whether relief from the VCP application fee is being requested, and the supporting rationale
for such relief
•A statement on whether the plan is being considered in an unrelated determination letter application (if applicable)
•Statement that the plan is not Under Examination
•Statement that the Plan Sponsor is not under an Exempt Organizations examination
•A statement that neither the plan nor the Plan Sponsor has beena party to an abusive tax avoidance transaction (as defined
in section 4.13(2)) or a brief identification of any abusive tax avoidance transaction to which the plan or the Plan Sponsor
has been a party
•Penalty of perjury statement
4. Completed and signed checklist (see Appendix C of Rev. Proc. 2006–27)
5. Acknowledgement Letter, if desired (see Appendix E of Rev. Proc. 2006–27)
6.Power of Attorney(Form 2848) orTax Information Authorization(Form 8821), if applicable
7. Form 5500, (first three pages and the applicable Financial Information Schedule) or equivalent information
8. Copy of opinion or determination letter (if applicable)
9. Relevant plan document language or plan document (if applicable)
10. Any other items that may be relevant to the submission
2006–22 I.R.B.994May 30, 2006

II. SAMPLE FORMAT FOR VCP SUBMISSION FOR QUALIFIED PLAN WHERE THE
ONLY ISSUE IS A NONAMENDER FAILURE
Indicate Plan Type, and whether submission is a Group or Anonymous Submission
Identificat
ion of Failures
1) Indicate which tax legislation is the subject of the submission: (check all that apply)
The Employee Retirement Security Act of 1974 (ERISA)
The Tax Equit
y and Fiscal Responsibility Act of 1982 (TEFRA)
The Deficit Reduction Act of 1984 (DEFRA)
The Retirement Equity Act of 1984 (REA)
The Tax Ref
orm Act of 1986 (TRA ’86)
The Unemployment Compensation Act of 1992 (UCA)
The Omnibus Budget Reconciliation Act of 1993 (OBRA ’93)
The Urugu
ay Round Agreements Act; the Uniformed Services Employment and Reemployment Rights Act of 1994; the
Small Bus
iness Job Protection Act of 1996; the Taxpayer Relief Actof 1997; the Internal Revenue Service Restructuring
and Refor
m Act of 1998; and the Community Renewal Tax Relief Act of 2000 (collectively known as “GUST”)
The good faith plan amendments for the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”),
within the period described in Notice 2001–42 including those changes listed in Notice 2005–5
The final and temporary regulations under § 401(a)(9) of the Internal Revenue Code
interim
amendments pursuant to section 5 of Rev. Proc. 2005–66
Please List:
EGTRR
A
Other:
Please list:
2) Year
s in which the failure(s) occurred (including closed years)
3) A description of the administrative procedures in effect at the time the failures occurred
4) Explanation of how and why the failures occurred
Description of Proposed Method of Correction
Include appropriate determination letter application (see “Required Documentation,” below).
Description of Administrative Procedures
Ad
escription of the administrative measures that have been or will be implemented to ensure that the failure(s) will not recur
May 30, 20069952006–22 I.R.B.

Sample Statement regarding status of examination:
To the best of th
e Plan Sponsor’s knowledge (1) the subject Plan is not currently under examination of either an Employee Plans
Form 5500 serie
s return or other Employee Plans examination, (2) the Plan Sponsor is not under an Exempt Organizations
examination (
that is, an examination of a Form 990 series return or other Exempt Organizations examination, (3) neither the
Employer nor a
ny of its representatives have received verbal or written notification from the TEGE Division of an impending
examination o
r of any impending referral for such examination, nor is the Plan in Appeals or litigation for any issues raised in
such an examin
ation, and (4) the subject Plan is not currently under investigation by the Criminal Investigation Division of the
Internal Reve
nue Service.
Sample Statement regarding abusive tax avoidance transactions if neither the Plan nor the Plan Sponsor was a party to
such a transaction (note - if either the plan or plan sponsor was a party to such a transaction, a statement describing the
transaction will be required)
Neither the Plan nor the Plan Sponsor has been a party to an abusive tax avoidance transaction as defined in section 4.13(2) of
Rev. Proc. 2006–27.
Sample Sta
tement (if applicable) regarding status of any determination letter application not related to the VCP submission
The Plan Sponsor applied for and has currently pending an application for a favorable determination letter with the Service
filed on(insert date).
Sample Penalty of Perjury:
Under penalties of perjury, I declare that I have examined this submission, including accompanying documents and, to the best of
my knowledge and belief, the facts and information presented insupport of this submission are true, correct, and complete.
NameandTitle(ExecutedbyPlanSponsor)
Required Documentation:
Appropriate determinationletter application form (i.e., Form 5300 series)
Copy of
plan document in effect prior to proposed amendment
Copy of the proposed plan amendment
Form 8717 and determination user fee
Any ot
her materials required to be submitted with determination letter application (see Forms 5300, 5310 &
Schedu
le Q, and 5303)
Copy of the first three pages of the most recently filed Form 5500 series return and the applicable Financial Information
Schedule (In the case of a terminated plan, include the Form 5500 filed for the plan year prior to the plan year for which the
Final Form 5500 return was filed.)
Power of Attorney(Form 2848) orTax Information Authorization(Form 8821), if applicable
Asta
tement that neither the plan nor the Plan Sponsor has been a party to an abusive tax avoidance transaction (as
defi
ned in section 4.13(2)) or a brief identification of any abusive tax avoidance transaction to which the plan or the Plan
Spon
sor has been a party
Copy of determination letter most recently issued with respect to the plan
Your submission must include a determination letter application on the appropriate Form 5300 series application form if you
are correcting a nonamender failure. A nonamender failure is a failure to amend the plan to reflect a change in a qualification
requirement within the plan’s applicable remedial amendment period. A change in a qualification requirement includes a change
arising from a statutory change, issuance of regulations or other guidance published in the Internal Revenue Bulletin. If you are
correcting the nonamender failure through the adoption of an amendment designated by the Service as a model amendment or the
adoption of a prototype or volume submitter plan for which you havereliance on the plan’s opinionor advisory letter as provided
in Rev. Proc. 2006–6, 2006–1 I.R.B. 204, no determination letter application is necessary. If your plan is terminating, or if you are
correcting a failure other than a nonamender failure through a plan amendment and you are submitting your VCP submission
during the same year the plan’s remedial amendment period is expiring, you may request a determination letter on the plan.
2006–22 I.R.B.996May 30, 2006

Assembling your submission
If you are prepa
ring your submission using the sample format provided above, please assemble your submission package in
the following o
rder:
1. If applicable, Form 8717,User Fee for Employee Plan Determination Letter Request, and the check for the determination
letter user fee made payable to the U.S. Treasury
2. Determination letter application (Form 5300 series), if applicable
3. Submission,
with a check for the VC fee made payable to the U.S. Treasury attached to the front of the submission
letter, and i
ncluding:
•Identificat
ion of Failures
•Description
of Proposed Method of Correction
•Description
of Administrative Procedures
•Statement reg
arding status of examination
•Statement reg
arding abusive tax avoidance transactions
•Statement reg
arding unrelated determination letter application (if applicable)
•Penalty of Per
jury statement
4. Completed and signed Checklist (see Appendix C of Rev. Proc. 2006–27)
5. Acknowledgement Letter, if desired (see Appendix E of Rev. Proc. 2006–27)
6.Power of Atto
rney(Form 2848) orTax Information Authorization(Form 8821), if applicable
7. Form 5500 (first three pages and the applicable Financial Information Schedule) or equivalent information including:
number of participants in the plan and total amount of plan assets
8. Copy of opinion or determination letter
9. Copy of plan
document in effect prior to the proposed plan amendment(s)
10. Copy of the proposed plan amendments
May 30, 20069972006–22 I.R.B.

APPENDIX E
Acknowledgeme
nt Letter
[]
[]
[]
[]
INSERT NAME AND
ADDRESS OF PLAN
SPONSOR OR
POWER OF
ATTORNEY AT LEFT
Plan Name: [Insert plan name and plan number]
Control #:
[
To be completed by the Internal Revenue Service]
Received Date:
[To be completed by the Internal Revenue Service]
The Internal Revenue Service, Employee Plans Voluntary Compliance, has received your VCP Submission for the
above-captioned plan. Your request has been assigned the control number listed above. This number should be referred to
in any communication to us concerning your submission.
You will b
e contacted when the case is assigned to an agent. If you arenot contacted within 120 days from the date of this letter,
and need t
o inquire about the status of your case, please call (202) 283–9888 (not a toll-free number). Please leave a message with
the name o
f the Plan, the Control Number, your nameand a phone number where you can be reached.
Thank you for your cooperation.
2006–22 I.R.B.998May 30, 2006

APPENDIX F
VCP SAMPLE SUBMISSION FOR INTERIM NONAMENDERS
PLAN SPONSOR’S NAME
PLAN SPONSOR’S I.D. NO.
PLAN SPONSOR’S ADDRESS:
PLAN NAME & NO.
PLAN SPONSOR REPRESENTATIVE NAME
PLAN SPONSOR REPRESENTATIVE ADDRESS:
Identification of Failures:
The Plan identified above was not amended timely for: (check failure(s) that apply):
the good
faith plan amendments for the Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), within
the peri
od described in Notice 2001–42 including those changes listed in Notice 2005–5
the final and temporary regulations under § 401(a)(9) of the Internal Revenue Code
interim amendments pursuant to section 5 of Rev. Proc. 2005–66
Please
List:
Description of Proposed Method of Correction
The Plan Sponsor adopted amendments required to correct the failure(s) identified above. The signed and dated amendments are
attached to this submission.
Description of steps taken to ensure that the failure does not recur [INSERT below]
Plan Sponsor’s representations:
To the best of my knowledge (1) the subject Plan is not currently under examination of eitheran Employee Plans Form 5500
series return or other Employee Plans examination, (2) the PlanSponsor is not under an Exempt Organizations examination (that
is, an examination of a Form 990 series return or other Exempt Organizations examination, (3) neither the Employer nor any of its
representatives have received verbal or written notification from the TEGE Division of an impending examination or of any
impending referral for such examination, nor is the Plan in Appeals or litigation for anyissues raised in such an examination, and
(4) the subject Plan is not currently under investigation by the Criminal Investigation Division of the Internal Revenue Service.
Neither the Plan nor the Plan Sponsor has been a party to an abusive tax avoidance transaction as defined in section 4.13(2) of
Rev. Proc. 2006–27.
May 30, 20069992006–22 I.R.B.

The Plan Sponsor will neither attempt to amortize, deduct, or recover from the Internal Revenue Service any compliance
fee paid in connection with this compliance statement, norreceive any Federal tax benefit on account of payment of such
compliance fee.
Under penalti
es of perjury, I declare that I have examined this submission, including accompanying documents and, to the best of
my knowledge a
nd belief, the facts and information presented in support of this submission are true, correct and complete.
Signed:
Name (printed):
Title:
Plan Sponsor’s documents:
In addition to the corrective plan amendments described in the “Proposed Method of Correction,” the Plan Sponsor encloses
the following documents with this submission:
•VC fee of $375 made payable to the U.S. Treasury
•Copy of the first three pages of the most recently filed Form 5500 series return and the applicable Financial Information Sched-
ule. (In the case of a terminated plan, the Form 5500 must be the one filed for the plan year prior to the plan year for which the
Final Form 5500 return was filed)
•Power of Attorney(Form 2848) orTax Information Authorization(Form 8821), if applicable
Enforcemen
t Resolution:
The Internal Revenue Service will not pursue the sanction of plan disqualification on account of the qualification failures
described in this VCP submission.
The Internal Revenue Service will treatthe adoption of the amendments as making available the remedial amendment period,
currently describedin Rev. Proc. 2005–66.
Approved
:
Joyce Kah
n, Manager
Employee
Plans Voluntary Compliance
Tax Exempt
and Government Entities Division
Internal R
evenue Service
Date:
2006–22 I.R.B.1000May 30, 2006

Definition of Terms
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 ef-
fect:
Amplifieddescribes a situation where
no change is being made in a prior pub-
lished position, but the prior position is be-
ingextendedtoapplytoavariationofthe
fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap-
plied to A, and the new ruling holds that the
same principle also applies to B, the earlier
ruling is amplified. (Compare withmodi-
fied,below).
Clarifiedis used in those instances
where the language in a prior ruling is be-
ing made clear because the language has
caused, or may cause, some confusion.
It is not used where a position in a prior
ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously pub-
lished ruling and points out an essential
difference between them.
Modifiedis 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 applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
withamplifiedandclarified, above).
Obsoleteddescribes 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 rul-
ings that are obsoleted because of changes
in laws or regulations. A ruling may also
be obsoleted because the substance has
been included in regulations subsequently
adopted.
Revokeddescribes situations where the
position in the previously published ruling
is not correct and the correct position is
beingstatedinanewruling.
Supersededdescribes a situation where
the new ruling does nothing more than re-
state the substance and situation of a previ-
ously published ruling (or rulings). Thus,
the term is used to republish under the
1986 Code and regulations the same po-
sition published under the 1939 Code and
regulations. The term is also used when
it is desired to republish in a single rul-
ing a series of situations, names, etc., that
were previously published over a period of
time in separate rulings. If the new rul-
ing does more than restate the substance
of a prior ruling, a combination of terms
is used. For example,modifiedandsu-
persededdescribes a situation where the
substance of a previously published 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 pub-
lished ruling is first modified and then, as
modified, is superseded.
Supplementedis 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 rul-
ing has been supplemented several times, a
new ruling may be published that includes
the list in the original ruling and the ad-
ditions, and supersedes all prior rulings in
the series.
Suspendedis used in rare situations
to show that the previous published rul-
ings 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 fol
lowing abbreviations in current use
and for
merly used will appear in material
publis
hedintheBulletin.
A—Individual.
Acq.—A
cquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank
.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cu
mulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Coo
perative.
Ct.D.—Court Decision.
CY—County.
D—Decede
nt.
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—Emp
loyer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduc
iary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Fo
reign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Fed
eral Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grante
e.
GP—General Partner.
GR—Grantor.
IC—Insura
nce Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited
Partner.
LR—Lessor.
M—Minor.
Nonacq.—No
nacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Persona
l Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Pa
rtnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Re
al Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsi
diary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target
Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Trans
feree.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpay
er.
TR—Trust.
TT—Trustee.
U.S.C.—Uni
ted States Code.
X—Corporation.
Y—Corporation.
Z—Corporat
ion.
May 30, 2006i2006–22 I.R.B.

Numerical Finding List
1
Bulletin 2006–1 through 2006–22
Announcements:
2006-1, 2006-1 I.R.B.260
2006-2, 2006-2 I.R.B.300
2006-3, 2006-3 I.R.B.327
2006-4, 2006-3 I.R.B.328
2006-5, 2006-4 I.R.B.378
2006-6, 2006-4 I.R.B.340
2006-7, 2006-4 I.R.B.342
2006-8, 2006-4 I.R.B.344
2006-9, 2006-5 I.R.B.392
2006-10, 2006-5 I.R.B.393
2006-11, 2006-6 I.R.B.420
2006-12, 2006-6 I.R.B.421
2006-13, 2006-7 I.R.B.462
2006-14, 2006-8 I.R.B.516
2006-15, 2006-11 I.R.B.632
2006-16, 2006-12 I.R.B.653
2006-17, 2006-12 I.R.B.653
2006-18, 2006-12 I.R.B.654
2006-19, 2006-13 I.R.B.674
2006-20, 2006-13 I.R.B.675
2006-21, 2006-14 I.R.B.703
2006-22, 2006-16 I.R.B.779
2006-23, 2006-14 I.R.B.729
2006-24, 2006-16 I.R.B.820
2006-25, 2006-18 I.R.B.871
2006-26, 2006-18 I.R.B.871
2006-27, 2006-18 I.R.B.871
2006-28, 2006-18 I.R.B.873
2006-29, 2006-19 I.R.B.879
2006-30, 2006-19 I.R.B.879
2006-31, 2006-20 I.R.B.912
2006-32, 2006-20 I.R.B.913
2006-33, 2006-20 I.R.B.914
2006-34, 2006-21 I.R.B.937
Court Decisions:
2081, 2006-13 I.R.B.656
2082, 2006-14 I.R.B.697
Notices:
2006-1, 2006-4 I.R.B.347
2006-2, 2006-2 I.R.B.278
2006-3, 2006-3 I.R.B.306
2006-4, 2006-3 I.R.B.307
2006-5, 2006-4 I.R.B.348
2006-6, 2006-5 I.R.B.385
2006-7, 2006-10 I.R.B.559
2006-8, 2006-5 I.R.B.386
2006-9, 2006-6 I.R.B.413
2006-10, 2006-5 I.R.B.386
2006-11, 2006-7 I.R.B.457
Notices— Continued:
2006-12, 2006-7 I.R.B.458
2006-13, 2006-8 I.R.B.496
2006-14, 2006-8 I.R.B.498
2006-15, 2006-8 I.R.B.501
2006-16, 2006-9 I.R.B.538
2006-17, 2006-10 I.R.B.559
2006-18, 2006-8 I.R.B.502
2006-19, 2006-9 I.R.B.539
2006-20, 2006-10 I.R.B.560
2006-21, 2006-12 I.R.B.643
2006-22, 2006-11 I.R.B.593
2006-23, 2006-11 I.R.B.594
2006-24, 2006-11 I.R.B.595
2006-25, 2006-11 I.R.B.609
2006-26, 2006-11 I.R.B.622
2006-27, 2006-11 I.R.B.626
2006-28, 2006-11 I.R.B.628
2006-29, 2006-12 I.R.B.644
2006-31, 2006-15 I.R.B.751
2006-32, 2006-13 I.R.B.677
2006-33, 2006-15 I.R.B.754
2006-34, 2006-14 I.R.B.705
2006-35, 2006-14 I.R.B.708
2006-36, 2006-15 I.R.B.756
2006-37, 2006-18 I.R.B.855
2006-38, 2006-16 I.R.B.777
2006-39, 2006-17 I.R.B.841
2006-40, 2006-18 I.R.B.855
2006-41, 2006-18 I.R.B.857
2006-42, 2006-19 I.R.B.878
2006-43, 2006-21 I.R.B.921
2006-44, 2006-20 I.R.B.889
2006-45, 2006-20 I.R.B.891
2006-47, 2006-20 I.R.B.892
2006-48, 2006-21 I.R.B.922
2006-49, 2006-22 I.R.B.943
Proposed Regulations:
REG-107722-00, 2006-4 I.R.B.354
REG-104385-01, 2006-5 I.R.B.389
REG-122380-02, 2006-10 I.R.B.563
REG-137243-02, 2006-3 I.R.B.317
REG-133446-03, 2006-2 I.R.B.299
REG-113365-04, 2006-10 I.R.B.580
REG-148568-04, 2006-6 I.R.B.417
REG-106418-05, 2006-7 I.R.B.461
REG-133036-05, 2006-20 I.R.B.911
REG-138879-05, 2006-8 I.R.B.503
REG-143244-05, 2006-6 I.R.B.419
REG-146384-05, 2006-17 I.R.B.843
REG-146459-05, 2006-8 I.R.B.504
REG-157271-05, 2006-12 I.R.B.652
REG-164247-05, 2006-15 I.R.B.758
Revenue Procedures:
2006-1, 2006-1 I.R.B.1
2006-2, 2006-1 I.R.B.89
2006-3, 2006-1 I.R.B.122
2006-4, 2006-1 I.R.B.132
2006-5, 2006-1 I.R.B.174
2006-6, 2006-1 I.R.B.204
2006-7, 2006-1 I.R.B.242
2006-8, 2006-1 I.R.B.245
2006-9, 2006-2 I.R.B.278
2006-10, 2006-2 I.R.B.293
2006-11, 2006-3 I.R.B.309
2006-12, 2006-3 I.R.B.310
2006-13, 2006-3 I.R.B.315
2006-14, 2006-4 I.R.B.350
2006-15, 2006-5 I.R.B.387
2006-16, 2006-9 I.R.B.539
2006-17, 2006-14 I.R.B.709
2006-18, 2006-12 I.R.B.645
2006-19, 2006-13 I.R.B.677
2006-20, 2006-17 I.R.B.841
2006-23, 2006-20 I.R.B.900
2006-24, 2006-22 I.R.B.943
2006-25, 2006-21 I.R.B.926
2006-26, 2006-21 I.R.B.936
2006-27, 2006-22 I.R.B.945
Revenue Rulings:
2006-1, 2006-2 I.R.B.261
2006-2, 2006-2 I.R.B.261
2006-3, 2006-2 I.R.B.276
2006-4, 2006-2 I.R.B.264
2006-5, 2006-3 I.R.B.302
2006-6, 2006-5 I.R.B.381
2006-7, 2006-6 I.R.B.399
2006-8, 2006-9 I.R.B.520
2006-9, 2006-9 I.R.B.519
2006-10, 2006-10 I.R.B.557
2006-11, 2006-12 I.R.B.635
2006-12, 2006-12 I.R.B.637
2006-13, 2006-13 I.R.B.656
2006-14, 2006-15 I.R.B.740
2006-15, 2006-13 I.R.B.661
2006-16, 2006-14 I.R.B.694
2006-17, 2006-15 I.R.B.748
2006-18, 2006-15 I.R.B.743
2006-19, 2006-15 I.R.B.749
2006-20, 2006-15 I.R.B.746
2006-21, 2006-15 I.R.B.745
2006-22, 2006-14 I.R.B.687
2006-23, 2006-17 I.R.B.839
2006-24, 2006-19 I.R.B.875
2006-25, 2006-20 I.R.B.882
2006-26, 2006-22 I.R.B.939
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2005–27 through 2005–52 is in Internal Revenue Bulletin
2005–52, dated December 27, 2005.
2006–22 I.R.B.iiMay 30, 2006

Revenue Rulings— Continued:
2006-27, 2006-21 I.R.B.915
2006-28, 2006-22 I.R.B.938
Tax Conventions:
2006-6, 2006-4 I.R.B.340
2006-7, 2006-4 I.R.B.342
2006-8, 2006-4 I.R.B.344
2006-19, 2006-13 I.R.B.674
2006-20, 2006-13 I.R.B.675
2006-21, 2006-14 I.R.B.703
Treasury Decisions:
9231, 2006-2 I.R.B.272
9232, 2006-2 I.R.B.266
9233, 2006-3 I.R.B.303
9234, 2006-4 I.R.B.329
9235, 2006-4 I.R.B.338
9236, 2006-5 I.R.B.382
9237, 2006-6 I.R.B.394
9238, 2006-6 I.R.B.408
9239, 2006-6 I.R.B.401
9240, 2006-7 I.R.B.454
9241, 2006-7 I.R.B.427
9242, 2006-7 I.R.B.422
9243, 2006-8 I.R.B.475
9244, 2006-8 I.R.B.463
9245, 2006-14 I.R.B.696
9246, 2006-9 I.R.B.534
9247, 2006-9 I.R.B.521
9248, 2006-9 I.R.B.524
9249, 2006-10 I.R.B.546
9250, 2006-11 I.R.B.588
9251, 2006-11 I.R.B.590
9252, 2006-12 I.R.B.633
9253, 2006-14 I.R.B.689
9254, 2006-13 I.R.B.662
9255, 2006-15 I.R.B.741
9256, 2006-16 I.R.B.770
9257, 2006-17 I.R.B.821
9258, 2006-20 I.R.B.886
9259, 2006-19 I.R.B.874
9261, 2006-21 I.R.B.919
May 30, 2006iii2006–22 I.R.B.

Finding List of Current Actions on
Previously Published Items
1
Bulletin 2006–1 through 2006–22
Announcements:
2000-48
Modified by
Notice 2006-35, 2006-14 I.R.B.708
Notices:
2001-4
Sections (V)(C), (D), and (E) superseded by
T.D. 9253, 2006-14 I.R.B.689
2001-11
Superseded by
T.D. 9253, 2006-14 I.R.B.689
2001-43
Modified by
Notice 2006-35, 2006-14 I.R.B.708
Sections 2 and 3 superseded by
T.D. 9253, 2006-14 I.R.B.689
2002-35
Clarified and modified by
Notice 2006-16, 2006-9 I.R.B.538
2005-30
Modified and superseded by
Notice 2006-31, 2006-15 I.R.B.751
2005-44
Supplemented by
Notice 2006-1, 2006-4 I.R.B.347
2005-66
Supplemented by
Notice 2006-20, 2006-10 I.R.B.560
2005-73
Supplemented by
Notice 2006-20, 2006-10 I.R.B.560
2005-81
Supplemented by
Notice 2006-20, 2006-10 I.R.B.560
2005-98
Supplemented by
Notice 2006-7, 2006-10 I.R.B.559
Proposed Regulations:
REG-103829-99
Withdrawn by
Ann. 2006-16, 2006-12 I.R.B.653
REG-150313-01
Withdrawn by
Ann. 2006-30, 2006-19 I.R.B.879
Proposed Regulations— Continued:
REG-131739-03
Corrected by
Ann. 2006-10, 2006-5 I.R.B.393
REG-131264-04
Withdrawn by
Ann. 2006-34, 2006-21 I.R.B.937
REG-138647-04
Corrected by
Ann. 2006-4, 2006-3 I.R.B.328
REG-158080-04
Corrected by
Ann. 2006-11, 2006-6 I.R.B.420
Revenue Procedures:
81-17
Obsoleted by
Rev. Proc. 2006-24, 2006-22 I.R.B.943
89-8
Superseded by
Rev. Proc. 2006-23, 2006-20 I.R.B.900
96-52
Superseded by
Rev. Proc. 2006-10, 2006-2 I.R.B.293
97-27
Modified by
Rev. Proc. 2006-11, 2006-3 I.R.B.309
Modified and amplified by
Rev. Proc. 2006-12, 2006-3 I.R.B.310
2002-9
Modified by
Rev. Proc. 2006-11, 2006-3 I.R.B.309
Modified and amplified by
Notice 2006-47, 2006-20 I.R.B.892
Rev. Proc. 2006-12, 2006-3 I.R.B.310
Rev. Proc. 2006-14, 2006-4 I.R.B.350
Rev. Proc. 2006-16, 2006-9 I.R.B.539
2002-17
Modified by
Rev. Proc. 2006-14, 2006-4 I.R.B.350
2002-52
Modified by
Rev. Proc. 2006-26, 2006-21 I.R.B.936
2003-31
Superseded by
Rev. Proc. 2006-19, 2006-13 I.R.B.677
2003-38
Modified by
Rev. Proc. 2006-16, 2006-9 I.R.B.539
2003-44
Modified and superseded by
Rev. Proc. 2006-27, 2006-22 I.R.B.945
Revenue Procedures— Continued:
2004-23
Superseded for certain taxable years by
Rev. Proc. 2006-12, 2006-3 I.R.B.310
2004-40
Superseded by
Rev. Proc. 2006-9, 2006-2 I.R.B.278
2005-1
Superseded by
Rev. Proc. 2006-1, 2006-1 I.R.B.1
2005-2
Superseded by
Rev. Proc. 2006-2, 2006-1 I.R.B.89
2005-3
Superseded by
Rev. Proc. 2006-3, 2006-1 I.R.B.122
2005-4
Superseded by
Rev. Proc. 2006-4, 2006-1 I.R.B.132
2005-5
Superseded by
Rev. Proc. 2006-5, 2006-1 I.R.B.174
2005-6
Superseded by
Rev. Proc. 2006-6, 2006-1 I.R.B.204
2005-7
Superseded by
Rev. Proc. 2006-7, 2006-1 I.R.B.242
2005-8
Superseded by
Rev. Proc. 2006-8, 2006-1 I.R.B.245
2005-9
Superseded for certain taxable years by
Rev. Proc. 2006-12, 2006-3 I.R.B.310
2005-12
Section 10 modified and superseded by
Rev. Proc. 2006-1, 2006-1 I.R.B.1
2005-15
Obsoleted in part by
Rev. Proc. 2006-17, 2006-14 I.R.B.709
2005-21
Superseded by
Rev. Proc. 2006-25, 2006-21 I.R.B.926
2005-22
Obsoleted by
Rev. Proc. 2006-20, 2006-17 I.R.B.841
2005-24
Modified by
Notice 2006-15, 2006-8 I.R.B.501
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2005–27 through 2005–52 is in Internal Revenue Bulletin 2005–52, dated December 27,
2005.
2006–22 I.R.B.ivMay 30, 2006

Revenue Procedures— Continued:
2005-61
Superseded by
Rev. Proc. 2006-3, 2006-1 I.R.B.122
2005-68
Superseded by
Rev. Proc. 2006-1, 2006-1 I.R.B.1
Rev. Proc. 2006-3, 2006-1 I.R.B.122
Revenue Rulings:
55-355
Obsoleted by
T.D. 9244, 2006-8 I.R.B.463
74-503
Revoked by
Rev. Rul. 2006-2, 2006-2 I.R.B.261
77-230
Obsoleted by
T.D. 9249, 2006-10 I.R.B.546
91-5
Modified by
T.D. 9250, 2006-11 I.R.B.588
92-19
Supplemented in part by
Rev. Rul. 2006-25, 2006-20 I.R.B.882
92-86
Modified by
T.D. 9250, 2006-11 I.R.B.588
2000-2
Modified and superseded by
Rev. Rul. 2006-26, 2006-22 I.R.B.939
Treasury Decisions:
9191
Corrected by
Ann. 2006-26, 2006-18 I.R.B.871
9192
Corrected by
Ann. 2006-15, 2006-11 I.R.B.632
9203
Corrected by
Ann. 2006-12, 2006-6 I.R.B.421
9244
Corrected by
Ann. 2006-31, 2006-20 I.R.B.912
9248
Corrected by
Ann. 2006-32, 2006-20 I.R.B.913
May 30, 2006v2006–22 I.R.B.

INDEX
Internal Revenue Bulletins 2006–1 through
2006–22
The abbreviation and number in parenthesis following the index entry
refer to the specific item; numbers in roman and italic type following
the parentheses refer to the Internal Revenue Bulletin in which the item
may be found and the page number on which it appears.
Key to Abbreviations:
AnnAnnouncement
CDCourt Decision
DODelegation Order
EOExecutive Order
PLPublic Law
PTEProhibited Transaction Exemption
RPRevenue Procedure
RRRevenue Ruling
SPRStatement of Procedural Rules
TCTax Convention
TDTreasury Decision
TDOTreasury Department Order
EMPLOYEE PLANS
Determination letters, issuing procedures (RP 6) 1,204
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Disclosure of relative values of optional forms of benefit (TD
9256) 16,770
Employee Plans Compliance Resolution System (EPCRS), cor-
rection programs (RP 27) 22,945
Full funding limitations, weighted average interest rate for:
January 2006 (Notice 8) 5,386
February 2006 (Notice 19) 9,539
March 2006 (Notice 32) 13,677
April 2006 (Notice 39) 17,841
May2006(Notice49)22,943
Letter rulings:
And determination letters, areas which will not be issued
from:
Associates Chief Counsel and Division Counsel (TE/GE)
(RP 3) 1,122
Associate Chief Counsel (International) (RP 7) 1,242
And information letters, procedures (RP 4) 1,132
User fees, request for letter rulings (RP 8) 1,245
Proposed regulations:
26 CFR 1.402(g)–1, amended; 1.402A–1, –2, added;
1.403(b)–2, –3, –5, –7, amended; 1.408A–10,
added; designated Roth accounts under section 402A
(REG–146459–05) 8,504
Regulations:
26 CFR 1.401(a)–20, amended; 1.417(a)(3)–1, amended; dis-
closure of relative values of optional forms of benefit (TD
9256) 16,770
EMPLOYEE PLANS—Cont.
26 CFR 1.401(k)–0, –2, –6, amended; 1.401(k)–1(f), revised;
1.401(m)–0, –2, –5, amended; 602.101, amended; desig-
nated Roth contributions to cash or deferred arrangements
under section 401(k) (TD 9237) 6,394
Retirement plans, sample amendment for Roth section 401(k)
plan (Notice 44) 20,889
Roth IRAs:
Designated Roth contributionsto cash or deferred arrange-
ments under section 401(k) (TD 9237) 6,394
Distributions of designated Roth contributions
(REG–146459–05) 8,504
Reporting requirements, fair market value, Roth IRA conver-
sion (RP 13) 3,315
Technical advice to IRS employees (RP 5) 1,174
EMPLOYMENT TAX
Bankruptcy estate, unpaid tax liability, procedure for trustees to
obtain determination by the Service (RP 24) 22,943
Disaster relief:
Backup withholding, postponement of deadlines for certain
acts due to Hurricanes Katrina and Rita (Notice 12) 7,458
Expanded postponement of deadlines for certain acts under
section 7508A with respect to taxpayers affected by Hurri-
cane Katrina (Notice 20) 10,560
Hurricane Katrina, treatment of special evacuation al-
lowances (Notice 10) 5,386
Letter rulings and information letters issued by Associate Of-
fices, determination letters issued by Operating Divisions (RP
1) 1,1
Proposed regulations:
26 CFR 31.6011(a)–1, –4, amended; 31.6302–1, amended;
time for filing employment tax returns and modifications
to the deposit rules (REG–148568–04) 6,417
Publications:
1223, General Rules and Specifications for Substitute Forms
W-2c and W-3c, revised (RP 19) 13,677
4436, General Rules and Specifications for Substitute Form
941 and Schedule B (Form 941), revised (RP 25) 21,926
Regulations:
26 CFR 1.6302–1, –2, amended; 31.6011(a)–1, –4, amended;
31.6011(a)–1T, –4T, added; 31.6071(a)–1, amended;
31.6302–0, –1, amended; 31.6302–1T, added; time for
filing employment tax returns and modifications to the
deposit rules (TD 9239) 6,401
26 CFR 31.3121(a)(2)–1, amended; 32.1, amended; sickness
or accident disability payments (TD 9233) 3,303
Substitute forms:
W-2c and W-3c, general rules and specifications (RP 19) 13,
677
941 and Schedule B (Form 941), general rules and specifica-
tions (RP 25) 21,926
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
2006–22 I.R.B.viMay 30, 2006

EMPLOYMENT TAX—Cont.
Time for filing employment tax returns and modifications to the
deposit rules (TD 9239) 6,401; (REG–148568–04) 6,417
Treatment of sickness or accident disability payments (TD 9233)
3,303
ESTATE TAX
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Individual retirement account (IRA), marital trust as IRA bene-
ficiary, qualifying income interest (RR 26) 22,939
Letter rulings and information letters issued by Associate Of-
fices, determination letters issued by Operating Divisions (RP
1) 1,1
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
EXCISE TAX
Bankruptcy estate, unpaid tax liability, procedure for trustees to
obtain determination by the Service (RP 24) 22,943
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Health Savings Accounts (HSAs), employer comparable contri-
butions, public hearing on REG–138647–04 (Ann 4) 3,328
Highway vehicle, definition, withdrawal of REG–103829–99
(Ann 16) 12,653
Letter rulings and information letters issued by Associate Of-
fices, determination letters issued by Operating Divisions (RP
1) 1,1
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
EXEMPT ORGANIZATIONS
Annual notice to donors regarding pending and settled declara-
tory judgment suits (Ann 1) 1,260
Determination of gross receipts for purposes of section
501(c)(15), insurance companies (Notice 42) 19,878
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Down payment assistance, home buyers (RR 27) 21,915
Information reporting by organizations that receive charitable
contributions of certain motor vehicles, boats, and airplanes
(Notice 1) 4,347
Letter rulings:
And determination letters, areas which will not be issued from
Associates Chief Counsel and Division Counsel (TE/GE)
(RP 3) 1,122
And information letters, procedures (RP 4) 1,132
User fees, request for letter rulings (RP 8) 1,245
EXEMPT ORGANIZATIONS—Cont.
List of organizations classified as private foundations (Ann 5) 4,
378; (Ann 14) 8,516; (Ann 18) 12,654; (Ann 27) 18,871
Revocations (Ann 3) 3,327;(Ann9)5,392; (Ann 13) 7,462;
(Ann 17) 12,653; (Ann 24) 16,820; (Ann 28) 18,873;(Ann
33) 20,914
Technical advice to IRS employees (RP 5) 1,174
GIFT TAX
Charitable remainder trusts, waiver of spousal right of election
to ensure qualification of charitable remainder annuity trust
(CRAT) or charitable remainder unitrust (CRUT) (Notice 15)
8,501
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Letter rulings and information letters issued by Associate Of-
fices, determination letters issued by Operating Divisions (RP
1) 1,1
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
INCOME TAX
Acceptance agent revenue procedure (RP 10) 2,293
Accounting methods:
Automatic consent to change procedures (RP 12) 3,310
Automatic consent to change, replacement cost method for
parts inventory of heavy equipment dealers (RP 14) 4,350
Normalization public utilities (REG–104385–01) 5,389
Simplified service cost and simplified production methods,
consent procedures (RP 11) 3,309
Advance Pricing Agreement (APA) Program:
Administration (RP 9) 2,278
Annual report to the public, 2005 (Ann 22) 16,779
Agent for a consolidated group with foreign common parent (TD
9255) 15,741; (REG–164247–05) 15,758
Aircraft and vessel leasing income, modifications to subpart F
treatment (Notice 48) 21,922
Allocation and apportionment of expenses, tax book value
method (TD 9247) 9,521
Annual notice to donors regarding pending and settled declara-
tory judgment suits (Ann 1) 1,260
Application of section 108 to members of a consolidated group,
correctiontoTD9192(Ann15)11,632
Automobile owners and lessees, inflation adjustment for 2006
(RP 18) 12,645
Bankruptcy estate, unpaid tax liability, procedure for trustees to
obtain determination by the Service (RP 24) 22,943
Bonds:
Clean renewable energy bonds (Notice 7) 10,559
Exempt facility bonds, qualified highway or surface freight
transfer facilities (Notice 45) 20,891
May 30, 2006vii2006–22 I.R.B.

INCOME TAX—Cont.
Gulf Opportunity Zone Bonds, Gulf Opportunity Zone Ad-
vance Refunding Bonds, and Gulf Tax Credit Bonds (No-
tice 41) 18,857
Private activity bond, definition, tax-exempt bonds issued by
state and local governments (TD 9234) 4,329
Book-tax filter of reportable transactions under regulations sec-
tion 1.6011–4, removal (Notice 6) 5,385
Commercial revitalization deduction for buildings located in the
expanded area of a renewal community (RP 16) 9,539
Competent authority procedureswith respect to the U.S. posses-
sions (RP 23) 20,900
Consolidated returns:
Basis reallocation, loss suspension, and expiration of losses
on certain stock dispositions (TD 9254) 13,662
Intercompany transactions (TD 9261) 21,919;withdrawalof
REG–131264–04 (Ann 34) 21,937
Corporations:
Clarification of section 1374 effective dates (TD 9236) 5,382
Determination of surrogate foreign corporation status when
there is an expanded affiliated group (TD 9238) 6,408;
(REG–143244–05) 6,419
Entity classification,classification of:
Foreign entities, per se corporations (TD 9235) 4,338
Japanese Tokurei Yugen Kaisha (TYK) (RR 3) 2,276
Estimated tax payments by corporations (REG–107722–00)
4,354
Information reporting for distributions with respect to securi-
ties issued by foreign corporations (Notice 3) 3,306
Passive foreign investment company (PFIC) purging elec-
tions:
Foreign corporation no longer satisfies definition of PFIC
under section 1297(a) (TD 9231) 2,272
Foreign corporation no longer treated as PFIC under sec-
tion 1297(a) or (e) (TD 9232) 2,266; (REG–133446–03)
2,299
Section 951 pro rata share allocations, special rules (TD 9251)
11,590
Statutory mergers or consolidations:
Definition (TD 9242) 7,422; amendment (TD 9259) 19,
874
Under section 368(a)(1)(A), involving one or more foreign
corporations (TD 9243) 8,475
Subpart F income (TD 9240) 7,454; (REG–106418–05) 7,
461
Transfers to corporations, corporate formations, corporate re-
organizations (RR 2) 2,261
Credits:
Alternative motor vehicle credit, advanced lean burn and hy-
brid motor vehicles (Notice 9) 6,413
Clean renewable energy bonds (Notice 7) 10,559
Energy efficient home credit:
Certification for dwellingunit other than manufactured
home (Notice 27) 11,626
Certification for manufactured home (Notice 28) 11,628
INCOME TAX—Cont.
Low-income housing credit:
2006 population figures used for calculation (Notice 22)
11,593
Satisfactory bond, “bond factor” amounts for the period:
January through March 2006 (RR 5) 3,302
January through June 2006 (RR 14) 15,740
Suspension of certain requirements under section 42 due
to Hurricane Rita (Notice 11) 7,457
Nonbusiness energy property credit, Eligible Building Enve-
lope Component or Qualified Energy Property (Notice 26)
11,622
Nonconventional source fuel credit, inflation adjustment fac-
tor, reference price for CY 2005 (Notice 37) 18,855
Nuclear energy tax credits (Notice 40) 18,855
Qualifying advanced coal project credit (Notice 24) 11,595
Qualifying gasification project credit (Notice 25) 11,609
Rehabilitation tax credit, disaster relief (Notice 38) 16,777
Renewable electricity credit, reduction under section 45(b)(3)
(RR 9) 9,519
Deemed election to be an association taxable as a corporation for
a qualified electing S corporation, correction to TD 9203 (Ann
12) 6,421
Determination of bona fide residence in a U.S. possession (TD
9248) 9,524; correction (Ann 32) 20,913
Disaster relief:
Additional first year depreciation deduction relief for certain
disaster areas (Ann 29) 19,879
Backup withholding, postponement of deadlines for certain
acts due to Hurricanes Katrina and Rita (Notice 12) 7,458
Expanded postponement of deadlines for certain acts under
section 7508A with respect to taxpayers affected by Hurri-
cane Katrina (Notice 20) 10,560
Gulf Opportunity (GO) Zone resident population estimates
(Notice 21) 12,643
Gulf Opportunity Zone Bonds, Gulf Opportunity Zone Ad-
vance Refunding Bonds, and Gulf Tax Credit Bonds (No-
tice 41) 18,857
Hurricanes Katrina, Rita, and Wilma, postponement of dead-
line to make certain section 165(i) elections (Notice 17) 10,
559
Hurricane Katrina, treatment of special evacuation al-
lowances (Notice 10) 5,386
Rehabilitation tax credit (Notice 38) 16,777
Suspension of certain requirements under section 42 due to
Hurricane Rita (Notice 11) 7,457
Disciplinary actionsinvolving attorneys,certified public accoun-
tants, enrolled agents, and enrolled actuaries (Ann 23) 14,729
Disclosure and use of tax return information:
Disclosure of return information to Department of Agriculture
for use in census of agriculture (TD 9245) 14,696
New and additional rules for electronic consent
(REG–137243–02) 3,317
Down payment assistance, home buyers (RR 27) 21,915
Elections created or affected by the American Jobs Creation Act
of 2004, procedures for making or revoking (Notice 47) 20,
892
2006–22 I.R.B.viiiMay 30, 2006

INCOME TAX—Cont.
Employer-provided vehicles, maximum values for which the
special valuation rules of regulations sections 1.61–21(d) and
(e) may be used (RP 15) 5,387
Entity classification, dually chartered entity, clarification of def-
initions (TD 9246) 9,534
Forms:
8609 revision, 8609-A replaces Schedule A (Form 8609)
(Ann 2) 2,300
8898 (March 2006), Statement for Individuals Who Begin or
End Bona Fide Residence in a U.S. Possession, new (Ann
25) 18,871
Frivolous tax returns, tax avoidance:
All individuals are subject to federal income tax (RR 18) 15,
743
Attempts to escape taxation by attributing income to pur-
ported trust (RR 19) 15,749
Claim of tax exempt status based on an unspecified “Native
American Treaty” (RR 20) 15,746
Common frivolous arguments and schemes (Notice 31) 15,
751
Insertion of phrase “nunc pro tunc” on tax return (RR 17) 15,
748
Paperwork Reduction Act does not relieve taxpayers of the
duty to file a federal income tax return (RR 21) 15,745
Guidance Priority List, recommendations for 2006–2007 (Notice
36) 15,756
Guidance regarding reporting for widely held fixed investment
trusts (WHFITs) (Notice 29) 12,644
Individual Retirement Accounts (IRAs), bankruptcy, right to re-
ceive payments (CD 2081) 13,656
Information reporting by organizations that receive charitable
contributions of certain motor vehicles, boats, and airplanes
(Notice 1) 4,347
Insurance companies:
Deemed sale or acquisition of an insurance company’s assets
(TD 9257) 17,821; (REG–146384–05) 17,843
Life-nonlife tacking rule (TD 9258) 20,886;
(REG–133036–05) 20,911
Prevailing state assumed interest rates, 2006 (RR 25) 20,882
Tentative recomputed differential earnings rate for 2004 (No-
tice 18) 8,502
Interest:
Election to treat qualified dividend income as investment in-
come,correctiontoTD9191(Ann26)18,871
Investment:
Federal short-term, mid-term, and long-term rates for:
January 2006 (RR 4) 2,264
February 2006 (RR 7) 6,399
March 2006 (RR 10) 10,557
April 2006 (RR 22) 14,687
May 2006 (RR 24) 19,875
Rates:
Underpayments and overpayments, quarter beginning:
April 1, 2006 (RR 12) 12,637
Interim guidance with respect tothe application of regulations
section 1.883–3 (Notice 43) 21,921
INCOME TAX—Cont.
Inventory:
Heavy equipment dealers, replacement cost method of ac-
counting (RP 14) 4,350
LIFO, price indexes used by department stores for:
November 2005 (RR 6) 5,381
December 2005 (RR 8) 9,520
January 2006 (RR 15) 13,661
February 2006 (RR 23) 17,839
March 2006 (RR 28) 22,938
Joint tax return, relief from joint and several liability (RR 16) 14,
694
Leases, tax-exempt use property (Notice 2) 2,278
Letter rulings:
And determination letters, areas which will not be issued
from:
Associates Chief Counsel and Division Counsel (TE/GE)
(RP 3) 1,122
Associate Chief Counsel (International) (RP 7) 1,242
And information letters issued byAssociate Offices, determi-
nation letters issued by Operating Divisions (RP 1) 1,1
Mortgage bonds and credit certificates, median income figures,
2006 (RP 20) 17,841
National and area median gross income figures, guidance for
2006 (RP 20) 17,841
Nonqualified deferred compensation plans:
Application of section 409A, correction to REG–158080–04
(Ann 11) 6,420
With associated offshore trusts or financial health triggers,
transition guidance on the application of section 409A(b)
(Notice 33) 15,754
Notional principal contracts, nonperiodic payment, listed trans-
actions, disclosure safe harbor (Notice 16) 9,538
Partnerships:
Certain distributions treated as sales or exchanges (Notice 14)
8,498
Classification of items under the TEFRA partnership provi-
sions (RR 11) 12,635
Patriots’ Day 2006 in Maine, Maryland, Massachusetts, New
Hampshire, New York, Vermont, and the District of Colum-
bia, April 18 filing deadline (Notice 23) 11,594
Practice before the Internal Revenue Service (REG–122380–02)
10,563
Private foundations, organizations now classified as (Ann 5) 4,
378; (Ann 14) 8,516; (Ann 18) 12,654; (Ann 27) 18,871
Proposed Regulations:
26 CFR 1.46–6, amended; 1.168(i)–3, added; application of
normalization accounting rules to balances of excess de-
ferred income taxes and accumulated deferred investment
tax credits of public utilities whose assets cease to be pub-
lic utility property (REG–104385–01) 5,389
26 CFR 1.56–0, –1, revised; 1.6425–2, revised; 1.6425–3,
amended; 1.6655–0, added; 1.6655–1 thru –3, revised;
1.6655–4 thru –6, added; 1.6655–7, removed; 1.6655–5 re-
designated as 1.6655–7 and revised; 301.6655–1, revised;
corporate estimated tax (REG–107722–00) 4,354
May 30, 2006ix2006–22 I.R.B.

INCOME TAX—Cont.
26 CFR 1.197–2, amended; 1.338–1, –11, amended; 1.846–2,
–4, amended; application of section 338 to insurance com-
panies (REG–146384–05) 17,843
26 CFR 1.468B–0, amended; 1.468B–6, added; 1.1031(k)–1,
amended; 1.7872–16, added; escrow accounts, trusts, and
other funds used during deferred exchanges of like-kind
property (REG–113365–04) 10,580
26 CFR 1.954–2, amended; guidance under subpart F relating
to partnerships (REG–106418–05) 7,461
26 CFR 1.1291–9, revised; 1.1297–0, revised; 1.1297–3,
added; 1.1298–0, –3, revised; guidance on passive
foreign investment company (PFIC) purging elections
(REG–133446–03) 2,299
26 CFR 1.1502–19, amended; treatment of excess loss ac-
counts (REG–138879–05) 8,503
26 CFR 1.1502–47, –76, amended; amendment of tacking
rule requirements of life-nonlife consolidated regulations
(REG–133036–05) 20,911
26 CFR 1.1502–77, amended; agent for a consolidated group
with foreign common parent (REG–164247–05) 15,758
26 CFR 1.7874–1, added; guidance for determining owner-
ship by former shareholders or partners of domestic entities
(REG–143244–05) 6,419
26 CFR 301.6103(p)(4)–1, (p)(7)–1, added; procedures for
administrative review of a determination that an authorized
recipient has failed to safeguard tax returns or return infor-
mation (REG–157271–05) 12,652
26 CFR 301.7216–0, added; 301.7216–1, –2, –3, revised;
guidance necessary to facilitate electronic tax administra-
tion (REG–137243–02) 3,317
31 CFR 10.1, 10.25, 10.27, 10.29, 10.34, 10.51, 10.52, 10.61,
10.65, 10.68, 10.76, 10.77, 10.78, 10.90, 10.91, revised;
10.2, 10.5, 10.6, 10.7, 10.22, 10.50, 10.60, 10.62, 10.70,
10.72, 10.73, 10.82, amended; 10.73, removed; 10.72 re-
designated as 10.73; 10.71 redesignated as 10.72, 10.71,
added; regulations governing practice before the Internal
Revenue Service (REG–122380–02) 10,563
Publications:
1223, General Rules and Specifications for Substitute Forms
W-2c and W-3c, revised (RP 19) 13,677
4436, General Rules and Specifications for Substitute Form
941 and Schedule B (Form 941), revised (RP 25) 21,926
Qualified Intermediary (QI) branch rule, revocation (Notice 35)
14,708
Qualified mortgage bonds (QMBs) and mortgage credit certifi-
cates (MCCs), average area housing purchase prices for 2006
(RP 17) 14,709
Qualified settlement funds and certain other escrow accounts,
trusts, and funds, taxation and reporting of earned income (TD
9249) 10,546; (REG–113365–04) 10,580
Redemptions taxable as dividend distributions, withdrawal of
REG–150313–01 (Ann 30) 19,879
Regulated investment company (RIC), commodity swaps (RR 1)
2,261
INCOME TAX—Cont.
Regulations:
26 CFR 1.141–0, –1, –15, amended; 1.141–13, added;
1.145–0, –2, amended; 1.149(d)–1, amended; 1.150–1,
amended; obligations of states and political subdivisions
(TD 9234) 4,329
26 CFR 1.163(d)–1T, removed;time and manner of making
section 163(d)(4)(B) election to treat qualified dividend in-
come as investment income, correction to TD 9191 (Ann
26) 18,871
26 CFR 1.197–0, –2, amended; 1.197–2T, added; 1.338–0,
–1, amended; 1.338–1T, –11, –11T, added; 1.338(i)–1,
amended; 1.381(c)(22)–1, amended; 1.846–0, –2,
amended; 1.846–2T, –4T, added; 1.846–4, revised;
1.1060–1, amended; 602.101, amended; application of
section 338 to insurance companies (TD 9257) 17,821
26 CFR 1.356–1, revised; 1.358–1, revised; 1.358–2,
amended; 1.1502–19, amended; 1.1502–19T, revised;
1.1502–32, amended; determination of basis of stock or
securities received in exchange for, or with respect to, stock
or securities in certain transactions, treatment of excess
loss accounts (TD 9244) 8,463; correction (Ann 31) 20,
912
26 CFR 1.358–6, amended; 1.367(a)–3, (a)–8, (b)–1, (b)–3,
(b)–4, (b)–6, amended; 1.367(b)–13, added; 1.884–2, –2T,
amended; 1.6038B–1, –1T, amended; statutory mergers or
consolidations under section 368(a)(1)(A) involving one or
more foreign corporations, and guidance necessary to fa-
cilitate business electronic filing under section 6038B (TD
9243) 8,475
26 CFR 1.367(a)–3, (b)–4, (b)–6, amended; application of
section 367 in cross border section 304 transactions, certain
transfers of stock involving foreign corporations (TD 9250)
11,588
26 CFR 1.368–2, amended; 1.368–2T, removed; statutory
mergers and consolidations (TD 9242) 7,422; 1.368–2,
amended; amendment (TD 9259) 19,874
26 CFR 1.468B–0, –1, –5, amended; 1.468B–6 thru –9,
added; 602.101, amended; escrow funds and other similar
funds (TD 9249) 10,546
26 CFR 1.671–4, amended; 1.671–5, added; 1.6041–9,
added; 1.6042–5, added; 1.6045–1, amended; 1.6049–4,
–5, amended; 1.6050N–2, added; 301.6109–1, amended;
reporting for widely held fixed investment trusts (TD 9241)
7,427
26 CFR 1.861–9, –9T, amended; allocation and apportion-
ment of expenses, alternative method for determining tax
book value of assets (TD 9247) 9,521
26 CFR 1.881–5, added; 1.881–5T, revised; 1.931–1T,
amended; 1.932–1T, amended; 1.933–1T, amended;
1.935–1T, amended; 1.937–1, added; 1.937–1T, removed;
602.101, amended; residence rules involving U.S. posses-
sions (TD 9248) 9,524;correction(Ann32)20,913
26 CFR 1.951–1, amended; special rules regarding certain
section 951 pro rata share allocations (TD 9251) 11,590
2006–22 I.R.B.xMay 30, 2006

INCOME TAX—Cont.
26 CFR 1.954–2, amended; 1.954–2T, added; guidance under
subpart F relating to partnerships (TD 9240) 7,454
26 CFR 1.1291–9, amended; 1.1297–0, revised; 1.1297–3,
added; 1.1298–0, –3, added; 602.101, amended; guidance
on passive foreign investment company (PFIC) purging
elections (TD 9231) 2,272
26 CFR 1.1291–9T, added; 1.1297–0T, added; 1.1297–3T,
revised; 1.1298–0T, –3T, added; 602.101, amended; guid-
ance on passive foreign investment company (PFIC) purg-
ing elections (TD 9232) 2,266
26 CFR 1.1374–0, –8, –10, amended; 1.1374–8T, –10T, re-
moved; section 1374 effective dates (TD 9236) 5,382
26 CFR 1.1441–1, –3, amended; 1.1441–6, revised;
1.6049–5, amended; 301.6114–1, amended; revisions
to regulations relating to withholding of tax on certain U.S.
source income paid to foreign persons and revisions of
information reporting regulations (TD 9253) 14,689
26 CFR 1.1502–11, amended; application of section 108 to
members of a consolidatedgroup, correction to TD 9192
(Ann 15) 11,632
26 CFR 1.1502–13(c)(7)(ii), Example 13, removed and re-
served; intercompany transactions, manufacturer incentive
payments (TD 9261) 21,919
26 CFR 1.1502–21, –21T, –32, amended; 1.1502–32T, –35T,
removed; 1.1502–35, added; 602.101, amended; suspen-
sion of losses on certain stock dispositions (TD 9254) 13,
662
26 CFR 1.1502–47, –76, amended; 1.1502–47T, –76T, added;
amendment of tacking rule requirements of life-nonlife con-
solidated regulations (TD 9258) 20,886
26 CFR 1.1502–77, amended; 1.1502–77T, added; agent for a
consolidated group with foreign common parent (TD 9255)
15,741
26 CFR 1.7874–1T, added; guidance for determining owner-
ship by former shareholders or partners of domestic entities
(TD 9238) 6,408
26 CFR 301.6103(j)(5)–1, added; 301.6103(j)(5)–1T, re-
moved; disclosure of return information to the Department
of Agriculture (TD 9245) 14,696
26 CFR 301.6103(p)(4)–1T, (p)(7)–1T, added; 6103(p)(7)–1,
removed; procedures for administrative review of a deter-
mination that an authorized recipient has failed to safeguard
tax returns or return information (TD 9252) 12,633
26 CFR 301.7701–1, –2, –5, revised; 301.7701–1T, –2T, –5T,
removed; clarification of definitions (TD 9246) 9,534
26 CFR 301.7701–2, –2T, amended; classification of defini-
tions (TD 9235) 4,338
26 CFR 301.7701–3T, added; deemed election to be an asso-
ciation taxable as a corporation for a qualified electing S
corporation, correction to TD 9203 (Ann 12) 6,421
Reporting requirements for widely held fixed investment trusts
(TD 9241) 7,427
Revocations, exempt organizations (Ann 3) 3,327;(Ann9)5,
392;(Ann13)7,462;(Ann17)12,653; (Ann 24) 16,820;
(Ann 28) 18,873; (Ann 33) 20,914
INCOME TAX—Cont.
Section 1503(d) filings, adoption of reasonable cause standard
(Notice 13) 8,496
Standard Industry Fare Level (SIFL) formula (RR 13) 13,656
Stocks:
Cross border section 304 transactions, application of section
367 (TD 9250) 11,588
Determination of basis of stock and securities received in cer-
tain transactions (TD 9244) 8,463; correction (Ann 31) 20,
912
Outstanding stock rights, application of section 409A (Notice
4) 3,307
Treatment of excess loss accounts (TD 9244) 8,463;
(REG–138879–05) 8,503
Substitute for return, Internal Revenue officer or employee, hear-
ing on REG–131739–03 (Ann 10) 5,393
Substitute forms:
W-2c and W-3c, general rules and specifications (RP 19) 13,
677
941 and Schedule B (Form 941), general rules and specifica-
tions (RP 25) 21,926
Tax conventions:
Competent authority procedures with respect to the U.S. pos-
sessions (RP 23) 20,900
Superseding U.S.-Mexico LLCmutual agreement procedure
(MAP) (Ann 8) 4,344
U.S.-Canada Appeals memorandum of understanding (MOU)
(Ann 7) 4,342
U.S.-Ireland Common Contractual Funds MAP (Ann 19) 13,
674
U.S.-Japan Investment Bank MOU (Ann 6) 4,340; self-certi-
fication of resident investment banks (Ann 20) 13,675
U.S.-Spain limited liability company (LLC) MAP (Ann 21)
14,703
Tax delinquency, sale of seized property (CD 2082) 14,697
Tax returns and return information, administrative review if re-
cipient failed to safeguard information (TD 9252) 12,633;
(REG–157271–05) 12,652
Taxation of cross licenses (Notice 34) 14,705
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
User fees for competent authority limitation on benefits determi-
nation (RP 26) 21,936
Waiver of penalties for failure to report loan origination fees and
capitalized interest (Notice 5) 4,348
Withholding tax, U.S. source income paid to foreign persons (TD
9253) 14,689
SELF-EMPLOYMENT TAX
Disaster relief, expanded postponement of deadlines for certain
acts under section 7508A with respect to taxpayers affected by
Hurricane Katrina (Notice 20) 10,560
Letter rulings and information letters issued by Associate Of-
fices, determination letters issued by Operating Divisions (RP
1) 1,1
May 30, 2006xi2006–22 I.R.B.

SELF-EMPLOYMENT TAX—Cont.
Technical Advice Memoranda (TAMs) and Technical Expedited
Advice Memoranda (TEAMs) (RP 2) 1,89
2006–22 I.R.B.xiiMay 30, 2006
U.S. GPO: 2006—320–797/20059