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CCH® PENSION — 01/25/10

Procedures updated for furnishing of technical advice by Employee Plans or Exempt Organizations Technical Offices

The IRS has issued updated procedures for the furnishing of technical advice memoranda (TAM) by Employee Plans (EP) Technical or Exempt Organizations (EO) Technical offices to EP and EO Examinations Area managers, EP and EO Determinations managers, or an Appeals Area Director in the employee plans (including actuarial matters) and the exempt organizations areas in IRS Revenue Procedure 2010-5. The procedure also explains a taxpayer's rights when an EP or EO Examinations Area manager, an EP or EO Determinations manager, or an Appeals Area Director requests technical advice regarding a tax matter. The procedure may also be used where another Operating Division of the IRS has audit jurisdiction while EP Technical has interpretive jurisdiction. The procedures are effective January 4, 2010.

General procedures govern technical advice requests regarding matters within the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division. Requests for Code Sec. 7805(b) relief are mandatory TAMs with respect to all exempt organizations and employee plans matters. Regarding employee plans, TAMs are required for proposed adverse or revocation letters for collectively bargained plans, for an IRS-proposed revocation letter due to alleged fiduciary duty violations, or for amendments to defined contribution plans in connection with a waiver of the minimum funding standard and a request for a determination letter.

A new subsection .05 has been added to Section 4 concerning the basis for requests by EO Determinations under Rev. Proc. 2009-9, which provides procedures for organizations seeking exemption from federal income tax.

For more information on this and related topics, consult the CCH Pension Plan Guide, CCH Employee Benefits Management, and Spencer's Benefits Reports.

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