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Rules Updated on User Fees for Employee Plans, Exempt Organizations

JAN. 4, 2016

Rev. Proc. 2016-8; 2016-1 I.R.B. 243

DATED JAN. 4, 2016
DOCUMENT ATTRIBUTES
  • Institutional Authors
    Internal Revenue Service
  • Cross-Reference
    Superseding Rev. Proc. 2015-8 .
  • Code Sections
  • Subject Areas/Tax Topics
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2016-11
  • Tax Analysts Electronic Citation
    2016 TNT 2-17
Citations: Rev. Proc. 2016-8; 2016-1 I.R.B. 243

Superseded by Rev. Proc. 2017-5; Superseded by Rev. Proc. 2017-4; Modified by Rev. Proc. 2016-32; Supersedes Rev. Proc. 2015-8

26 CFR 601.201: Rulings and determination letters.

                       TABLE OF CONTENTS

 

 

 SECTION 1. PURPOSE

 

 

 SECTION 2. CHANGES

 

 

 SECTION 3. BACKGROUND

 

 

      .01 Legislation authorizing user fees

 

 

      .02 Related revenue procedures

 

 

 SECTION 4. SCOPE

 

 

      .01 Requests to which user fees apply

 

 

      .02 Requests and other actions that do not require the payment

 

          of a user fee

 

 

      .03 Exemptions from the user fee requirements

 

 

      .04 User Fees under the Employee Plans Compliance Resolution

 

          System

 

 

 SECTION 5. DEFINITIONS

 

 

 SECTION 6. FEE SCHEDULE

 

 

      EMPLOYEE PLANS USER FEES

 

 

      .01 Letter ruling requests

 

 

      .02 Opinion letters on prototype individual retirement accounts

 

          and/or annuities, SEPS, SIMPLE IRAs, SIMPLE IRA Plans, Roth

 

          IRAs and dual-purpose IRAs

 

 

      .03 Opinion letters on master and prototype plans

 

 

      .04 Advisory letters on volume submitter plans

 

 

      .05 Determination letters

 

 

      .06 Opinion letters on § 403(b) prototype plans

 

 

      .07 Advisory letters on § 403(b) volume submitter plans

 

 

      .08 User Fees under the Employee Plans Compliance Resolution

 

          System

 

 

      EXEMPT ORGANIZATIONS USER FEES

 

 

      .09 Determination letters and requests for group exemption

 

          letters...

 

 

      .10 Summary of Exempt Organization Fees

 

 

 SECTION 7. MAILING ADDRESS FOR REQUESTING LETTER RULINGS,

 

 DETERMINATION LETTERS, ETC

 

 

      .01 Matters handled by EP or EO Rulings and Agreements

 

 

      .02 Matters handled by EP or EO Determinations

 

 

 SECTION 8. REQUESTS INVOLVING MULTIPLE OFFICES, FEE CATEGORIES,

 

 ISSUES, TRANSACTIONS, OR ENTITIES

 

 

      .01 Requests involving several offices

 

 

      .02 Requests involving several fee categories

 

 

      .03 Requests involving several issues

 

 

      .04 Requests involving several unrelated transactions

 

 

      .05 Requests for separate letter rulings for several entities

 

 

 SECTION 9. PAYMENT OF FEE

 

 

      .01 Method of payment

 

 

      .02 Transmittal forms

 

 

      .03 Effect of nonpayment or payment of incorrect amount.

 

 

      .04 Payment of user fees for Employee Plan Determination

 

          Applications

 

 

      .05 Payment of user fees for applications of recognition of

 

 exemption on Form 1023-EZ

 

 

 SECTION 10. REFUNDS

 

 

      .01 General rule

 

 

      .02 Examples

 

 

 SECTION 11. REQUEST FOR RECONSIDERATION OF USER FEE

 

 

 SECTION 12. EFFECT ON OTHER DOCUMENTS

 

 

 SECTION 13. EFFECTIVE DATE

 

 

 SECTION 14. PAPERWORK REDUCTION ACT

 

 

 APPENDIX

 

 

SECTION 1. PURPOSE

This revenue procedure provides guidance for complying with the user fee program of the Internal Revenue Service as it pertains to requests for letter rulings, determination letters, Voluntary Correction Program (VCP) compliance statements, etc., on matters under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division.

SECTION 2. CHANGES

.01 In general. This revenue procedure is a general update of Rev. Proc. 2015-8, 2015-1 I.R.B. 235. In addition to minor revisions, such as updating references, the following changes have been made:

.02 Changes applicable to Employee Plans

(1) Section 4.04 is modified to reflect that fees for VCP submissions are included in section 6.08 of this revenue procedure.

(2) Section 5 has been modified to include the following definitions, which relate to VCP submissions -- 403(b) Plan, Group Submission, Nonamender Failure, Orphan Plan, Plan Loan Failure, Qualified Plan and VCP Submission. In addition, Rev. Proc. 2015-9 has been deleted to reflect that the information previously contained in that revenue procedure is now in Rev. Proc. 2015-5.

(3) Deleted categories (4) through (9) under section 6.01 and renumbered the remaining category. Rulings requested under these categories will continue to be processed under the "All other letter rulings" category.

(4) Deleted categories (1) through (5) under section 6.02. Opinion letters under these categories will continue to be processed under the general section 6.02.

(5) Added a fee of $1,000 to the general section 6.02.

(6) Updated user fee categories and amounts for various employee plan user fees. The following fee changes have been made:

(a) Changed $2,000 to $11,000 in section 6.03(1)(b)

(b) Changed $400 to $300 in section 6.03(2)

(c) Changed $1,000 to $700 in section 6.03(3)

(d) Changed $14,000 to $16,000 in section 6.03(4)(a)

(e) Changed $1,000 to $600 in section 6.03(8)

(f) Modified Sections 6.04(1)(a) and(b) and 6.04(2)(a) and (b) into new categories 6.04(1), Volume Submitter specimen plan (mass and non mass submitter) including one adoption agreement and 6.04(2), each additional adoption agreement, and the fee for 6.04(1) and 6.04(2) is $28,000

(g) Changed $400 to $300 in section 6.04(3)

(h) Changed $1,000 to $600 in section 6.04(6)

(i) Deleted "if the plan is intended to satisfy a design-based safe harbor" from 6.05(1) and changed the fee from $500 to $800 in section 6.05(1)(b)

(j) Changed $2,000 to $2,300 in section 6.05(1)(c)

(k) Deleted subcategories (i) through (iv) of section 6.05(1)(d), added "regardless of number of forms submitted" and the fee is $4,000

(l) Deleted subcategories (i) through (iv) of section 6.05(1)(e), added "regardless of number of participants" and the fee is $4,000

(m) Changed $12,000 to $16,000 in section 6.06(1)(a)

(n) Changed $1,000 to $11,000 in section 6.06(1)(b)

(o) Changed $1,000 to $700 in section 6.06(3)

(p) Changed $12,000 to $16,000 in section 6.06(4)(a)

(q) Changed $9,500 to $11,000 in section 6.06(4)(b)

(r) Modified sections 6.07(1)(a) and (b) and 6.07(2)(a) and (b) into new categories 6.07(1), 403(b) volume submitter specimen plan (mass and non mass submitter) including one adoption agreement and 6.07(2), each additional adoption agreement, and the fee for 6.07(1) and 6.07(2) is $28,000

(s) Changed $1,000 to $700 in section 6.07(4)

(7) Added new section 6.08 "User Fees for Voluntary Correction Program (VCP) submissions under the Employee Plans Compliance Resolution System."

(8) Added references to § 403(b) preapproved plans under Rev. Proc. 2013-22 to section 7.02(3).

(9) Added new section 7.03 "Matters handled by EP Voluntary Compliance" to provide information concerning the filing of VCP submissions.

(10) Modified 9.02(1) to reflect that Forms 8717, User Fee for Employee Plan Determination Letter Request and 8717-A, User Fee for Employee Plan Opinion or Advisory Letter Request, are currently being revised and that taxpayers should use existing forms but refer to the applicable user fees in section 6.

(11) Added section 9.02(2) to reflect the forms required to be included with a VCP submission and that Form 8951, Compliance Fee for Application for Voluntary Correction Program, is being revised

(12) Deleted (a) in section 9.03(3).

(13) Added section 9.03(5) to reflect that a VCP submission may be returned if it is not accompanied by the appropriate fee.

(14) Added section 10.03 to provide information concerning refunds for VCP submissions.

(15) Added a new paragraph to the end of section 11 concerning the reconsideration of fees related to VCP submissions.

(16) Appendix B is revised to include Rev. Proc. 2013-12 as modified, which contains the most recent restatement of the Employee Plans Compliance Resolution System.

.03 Changes applicable to Exempt Organizations

(1) Modified section 6.10 to delete accounting method changes.

(2) Renumbered sections 6.08 and 6.09 under Exempt Organization User Fees as sections 6.09 and 6.10.

(3) Modified section 6.09(5) by replacing "Publication 78" with "Exempt Organizations Select Check database for organizations eligible to receive tax-deductible charitable contributions (Pub. 78 data)"

(4) Modified Appendix D to reflect that the information previously found in Rev. Proc. 2015-9 will now be in Rev. Proc. 2016-5.

.04 Changes applicable to Employee Plans and Exempt Organizations

(1) Deleted subsection (2) from section 8.03 and 8.04 as no longer applicable and renumbered the remaining subsection.

(2) Modified the language in section 9, including deleting references to money order.

(3) Modified sections 10.01 and 10.02 to reflect that these sections apply to ruling or determination letter requests.

(4) Modified section 10.02(1)(b) to add "upon request" and "if accepted" to the example. Deleted the word "substantially" and "letter ruling" from the last sentence.

(5) Added new section 10.02(2)(d) and redesignated the remaining sections.

(6) Modified section 13 to provide that the effective date of this revenue procedure is February 1, 2016 for Employee Plans user fees and January 4, 2016 for Exempt Organizations user fees.

SECTION 3. BACKGROUND

.01 Legislation authorizing user fees. Section 7528 of the Code directs the Secretary of the Treasury or delegate (the "Secretary") to establish a program requiring the payment of user fees for requests to the Service for letter rulings, opinion letters, determination letters, and similar requests. The fees charged under the program: (1) are to vary according to categories or subcategories established by the Secretary; (2) are to be determined after taking into account the average time for, and difficulty of, complying with requests in each category and subcategory; and (3) are payable in advance. Section 7528(b)(3) directs the Secretary to provide for exemptions and reduced fees under the program as the Secretary determines to be appropriate, but the average fee applicable to each category may not be less than the amount specified in § 7528.

.02 Related revenue procedures. The various revenue procedures that require payment of a user fee are described in the appendix to this revenue procedure.

SECTION 4. SCOPE

.01 Requests to which user fees apply. In general, user fees apply to all requests for letter rulings, opinion letters, determination letters, and advisory letters submitted by or on behalf of taxpayers, sponsoring organizations or other entities as described in this revenue procedure. Requests to which a user fee is applicable must be accompanied by the appropriate fee as determined from the fee schedule set forth in section 6 of this revenue procedure. The fee may be refunded in limited circumstances as set forth in section 10.

.02 Requests and other actions that do not require the payment of a user fee. Actions which do not require the payment of a user fee include the following:

(1) Requests for information letters as defined in Rev. Proc. 2016-4, in this Bulletin;

(2) Elections pertaining to automatic extensions of time under § 301.9100-1 of the Procedure and Administration regulations;

(3) Use of forms which are not to be filed with the Service. For example, no user fee is required in connection with the use of Form 5305, Traditional Individual Retirement Trust Account, or Form 5305-A, Traditional Individual Retirement Custodial Account, in order to adopt an individual retirement account under§ 408(a);

(4) In general, plan amendments whereby sponsors amend their plans by adopting, word-for-word, the model language contained in a revenue procedure which states that the amendment should not be submitted to the Service and that the Service will not issue new opinion, advisory, ruling or determination letters for plans that are amended solely to add the model language; and

(5) Change in accounting period or accounting method permitted by a published revenue procedure that permits an automatic change without prior approval of the Commissioner.

.03 Exemptions from the user fee requirements. The following exemptions apply to the user fee requirements. These are the only exemptions that apply:

(1) Departments, agencies, or instrumentalities of the United States that certify that they are seeking a letter ruling, determination letter, opinion letter or similar letter on behalf of a program or activity funded by federal appropriations. The fact that a user fee is not charged has no bearing on whether an applicant is treated as an agency or instrumentality of the United States for purposes of any provision of the Code except for § 7528.

(2) The exemption from the user fee requirements applies to all eligible employers within the meaning of § 7528(b)(2)(C)(ii) who request a determination letter within the first five plan years or, if later, the end of any remedial amendment period with respect to the plan that begins within the first five plan years. See, Instructions to Form 8717, User Fee for Employee Plans Determination Letter Request, and Notice 2002-1, 2002-1 C.B.283, as amplified by Notice 2003-49,2003-2 C.B. 294, and Notice 2011-86,2011-45 I.R.B. 698.

.04 User Fees under the Employee Plans Compliance Resolution System (EPCRS). The general user fee schedule for submissions under the Voluntary Correction Program (VCP) of EPCRS is set forth in section 6.08. Exceptions to the general fee schedule are also included in section 6.08. For further guidance on fees and eligibility for reduced fees, please see Rev. Proc. 2013-12, 2013-4 I.R.B. 313, as modified by Rev. Proc. 2015-27, 2015-16 I.R.B. 914 and Rev. Proc. 2015-28, 2015-16 I.R.B. 920.

SECTION 5. DEFINITIONS

The following terms used in this revenue procedure are defined in the pertinent revenue procedures referred to below, which are described in the appendix:

 § 403(b) pre-approved plan             Rev. Procs. 2013-22, 2014-28,

 

                                            2015-22

 

 

 403(b) Plan                                Rev. Proc. 2013-12

 

 

 Adoption agreement                         Rev. Procs. 2015-36, 2013-22

 

 

 Advisory letter                            Rev. Procs. 2015-36,

 

                                            2013-22, 2016-6

 

 

 Basic plan document                        Rev. Procs. 2015-36, 2013-22

 

 

 Determination letter                       Rev. Procs. 2016-5, 2016-6

 

 

 Dual-purpose IRA                           Rev. Procs. 98-59, 2010-48

 

 

 Form 1023-EZ                               Rev. Proc. 2016-5

 

 

 Group exemption letter                     Rev. Proc. 80-27

 

 

 Group Submission                           Rev. Proc. 2013-12

 

 

 Information letter                         Rev. Proc. 2016-4

 

 

 Letter ruling                              Rev. Proc. 2016-4

 

 

 Mass submitter                             Rev. Procs. 87-50, 2015-36,

 

                                            2013-22

 

 

 Mass submitter plan                        Rev. Procs. 2015-36, 2013-22

 

 

 Minor modification/modifier                Rev. Procs. 87-50, 2015-36,

 

                                            2013-22

 

 

 Nonamender Failure                         Rev. Proc. 2013-12

 

 

 Opinion letter                             Rev. Procs. 2015-36, 2013-22,

 

                                            2016-4

 

 

 Orphan Plan                                Rev. Proc. 2013-12

 

 

 Plan Loan Failure                          Rev. Proc. 2013-12

 

 

 Prototype plan                             Rev. Procs. 2015-36, 2013-22

 

 

 Qualified Plan                             Rev. Proc. 2013-12

 

 

 Roth IRA                                   Rev. Procs. 98-59, 2010-48

 

 

 SIMPLE IRA                                 Rev. Proc. 97-29

 

 

 SIMPLE IRA Plan                            Rev. Proc. 97-29

 

 

 Sponsor                                    Rev. Procs. 2015-36, 2013-22

 

 

 Sponsoring organization                    Rev. Proc. 87-50

 

 

 Substitute mortality table                 Rev. Proc. 2008-62

 

 

 VCP Submission                             Rev. Procs. 2013-12, 2015-27

 

 

 Volume submitter plans                     Rev. Procs. 2015-36, 2013-22

 

 

 Volume submitter specimen plan             Rev. Procs. 2015-36, 2013-22

 

 

 Word-for-word identical adoption/Adopter   Rev. Procs. 87-50, 2015-36,

 

                                            2013-22

 

 

SECTION 6. FEE SCHEDULE

The amount of the user fee payable with respect to each category or subcategory of submission is as set forth in the following schedule.

                               CATEGORY

 

 _____________________________________________________________________________

 

 

 EMPLOYEE PLANS USER FEES

 

 

 .01 Letter ruling requests.

 

 

      (1) Computation of exclusion for annuitant under § 72        $1,000

 

 

      (2) Change in plan year (Form 5308)                              $1,000

 

 

 Note: No user fee is required if the requested change is

 

 permitted to be made pursuant to the procedure for automatic

 

 approval set forth in

 

 Rev. Proc. 87-27,

 

 1987-1 C.B. 769. In

 

 such a case, Form 5308 should not be submitted to the

 

 Service.

 

 

      (3) Five-Year Automatic Extension of the Amortization Period     $1,000

 

 

      (4) All other letter rulings under jurisdiction of the

 

      Employee Plans Office                                           $10,000

 

 

 .02 Opinion letters on prototype individual retirement accounts

 

 and/or annuities, SEPs, SIMPLE IRAs, SIMPLE IRA Plans,

 

 Roth IRAs and dual-purpose IRAs.                                 $1,000

 

 

 Note: If a mass submitter submits, in any 12-month period

 

 ending January 31, more than 300 applications on behalf of

 

 word-for-word adopters of prototype IRAs or prototype

 

 dual-purpose IRAs with respect to a particular plan document,

 

 only the first 300 such applications will be subject to the

 

 fee; no fee will apply to those in excess of the first 300

 

 such applications submitted within the 12-month period.

 

 

 .03 Opinion letters on master and prototype plans.

 

 

      (1) Mass submitter M & P plan

 

 

           (a) per basic plan document, new or amended, with

 

           one adoption agreement                                     $16,000

 

 

           (b) per each additional adoption agreement                 $11,000

 

 

      (2) Sponsor's word-for-word identical adoption of M & P

 

      mass submitter's basic plan document (or an

 

      amendment thereof), per adoption agreement                         $300

 

 

      (3) Sponsor's minor modification of M & P mass

 

      submitter's basic plan document, per adoption agreement            $700

 

 

      (4) Non-mass submitter M & P plan

 

 

           (a) per basic plan document, new or amended,

 

           with one adoption agreement                                $16,000

 

 

           (b) per each additional adoption agreement                 $11,000

 

 

      (5) M & P mass submitter's request for an opinion letter

 

      with respect to the addition of optional provisions

 

      following issuance of a favorable opinion letter, per

 

      basic plan document (regardless of the number of adoption

 

      agreements) (see section 12.03(1)(c) of Rev. Proc.

 

      2015-36)                                                          $1000

 

 

      (6) Assumption of sponsorship of an approved M & P plan,

 

      without any amendment to the plan document, by a new

 

      entity, as evidenced by a change of employer

 

      identification number, per basic plan document                     $300

 

 

      (7) Change in name and/or address of sponsor of an

 

      approved M & P plan, per basic plan document                       None

 

 

      (8) Mass submitter or non-mass submitter sponsor per

 

      trust document in excess of 10                                     $600

 

 

 Note: If a mass submitter submits, in any 12-month period

 

 ending January 31, more than 300 applications on behalf of

 

 word-for-word adopters with respect to a particular adoption

 

 agreement, only the first 300 such applications will be

 

 subject to the fee; no fee will apply to those in excess of

 

 the first 300 such applications submitted within the 12-month

 

 period.

 

 

 .04 Advisory letters on volume submitter plans.

 

 

      (1) Volume submitter specimen plan (mass and non mass

 

      submitter) including one adoption agreement                     $28,000

 

 

      (2) Each additional adoption agreement                          $28,000

 

 

      (3) Volume submitter specimen plan that is word-for-word

 

      identical to a mass submitter specimen plan                        $300

 

 

      (4) Assumption of sponsorship of an approved volume

 

      submitter plan, without any amendment to the plan

 

      document, by a new entity, as evidenced by a change of

 

      employer identification number, per basic plan document            $300

 

 

      (5) Change in name and/or address of practitioner of an

 

      approved volume submitter specimen plan, per basic plan

 

      document                                                           None

 

 

      (6) Mass submitter or non-mass submitter practitioner

 

      per trust document in excess of 10                                 $600

 

 

 .05 Determination letters

 

 

      (1) Determination Letters:

 

 

           (a) Form 5300 (Application for Determination for

 

           Employee Benefit Plan)                                $2,500

 

 

           (b) Form 5307 (Application for Determination for

 

           Adopters of Modified Volume Submitter Plans)            $800

 

 

           (c) Form 5310 (Application for Determination for

 

           Terminating Plan)                                      $2,300

 

 

           (d) Multiple employer plans (Form 5300), regardless

 

           of number of forms submitted                                $4,000

 

 

 Note: In the case of a multiple employer plan that is adopted

 

 by other employers after the initial submission, the fee

 

 would be the same as in paragraph (1)(a) or (d) above as

 

 applicable.

 

 

           (e) Multiple employer plans (Form 5310), regardless

 

           of number of participants                                   $4,000

 

 

      (2) Group trusts contemplated by

 

      Rev. Rul. 81-100,

 

      1981-1 C.B. 326,

 

      Rev. Rul. 2004-67, 2004-2 C.B. 28, Rev.

 

      Rul. 2011-1, 2011-2 I.R.B. 251,

 

      Rev. Rul. 2014-24,

 

      2014-37 I.R.B. 529. Form 5316 is available for group

 

      trust submissions.                                             $1,000

 

 

 .06 Opinion letters on § 403(b) prototype plans.

 

 

      (1) Mass submitter § 403(b) prototype plan

 

 

           (a) per basic plan document with one adoption

 

           agreement                                                 $16,000

 

 

           (b) per each additional adoption agreement                $11,000

 

 

      (2) Section 403(b) prototype plan of a word-for-word

 

      identical adopter of a § 403(b) prototype mass

 

      submitter's basic plan document (or an amendment

 

      thereof), per adoption agreement                                 $300

 

 

      (3) Section 403(b) prototype plan of a minor modifier of

 

      a § 403(b) prototype mass submitter's basic plan

 

      document, per adoption agreement                                 $700

 

 

      (4) Non-mass submitter § 403(b) prototype plan

 

 

           (a) per basic plan document with one adoption

 

           agreement                                                $16,000

 

 

           (b) per each additional adoption agreement               $11,000

 

 

      (5) Assumption of sponsorship of an approved §

 

      403(b) prototype plan, without any amendment to the plan

 

      document, by a new entity, as evidenced by a change of

 

      employer identification number, per basic plan document          $300

 

 

      (6) Change in name and/or address of sponsor of an

 

      approved § 403(b) prototype plan, per basic plan

 

      document                                                         None

 

 

 Note: If a mass submitter submits, during the period set

 

 forth in Rev. Proc. 2013-22,

 

 more than 300 applications on

 

 behalf of word-for-word adopters with respect to a particular

 

 adoption agreement, only the first 300 such applications will

 

 be subject to the fee; no fee will apply to those in excess

 

 of the first 300 such applications submitted within the

 

 12-month period.

 

 

 .07 Advisory letters on § 403(b) volume submitter plans.

 

 

      (1) Section 403(b) volume submitter specimen plan (mass

 

      and non-mass submitter) including one adoption agreement        $28,000

 

 

      (2) Each additional adoption agreement                          $28,000

 

 

      (3) Section 403(b) volume submitter specimen plan of a

 

      word-for-word identical adopter of a mass submitter

 

      specimen plan                                                      $300

 

 

      (4) Section 403(b) volume submitter specimen plan of a

 

      minor modifier of a § 403(b) volume submitter mass

 

      submitter specimen plan (or per adoption agreement if

 

      applicable)                                                        $700

 

 

      (5) Assumption of sponsorship of an approved §

 

      403(b) volume submitter plan, without any amendment to

 

      the plan document, by a new entity, as evidenced by a

 

      change of employer identification number, per specimen

 

      plan                                                               $300

 

 

      (6) Change in name and/or address of practitioner of an

 

      approved § 403(b) volume submitter specimen plan,

 

      per specimen plan                                                  None

 

 

 .08 User Fees for Voluntary Correction Program (VCP) submissions

 

 under the Employee Plans Compliance Resolution System

 

 

      (1) Regular submissions under VCP for Qualified Plans

 

      and 403(b) Plans:

 

 

           (a) 20 or fewer participants                                  $500

 

 

           (b) 21 to 50 participants                                     $750

 

 

           (c) 51 to 100 participants                                  $1,500

 

 

           (d) 101 to 1,000 participants                               $5,000

 

 

           (e) 1,001 to 10,000 participants                           $10,000

 

 

           (f) Over 10,000 participants                               $15,000

 

 

 Note: For information on determining the number of

 

 participants, see

 

 Rev. Proc. 2013-12, section 12.08.

 

 

      (2) VCP submissions for SEPs, SARSEPS or SIMPLE IRA Plans          $250

 

 

 Note: See Rev. Proc. 2013-12

 

 section 6.11 and 12.06 for

 

 circumstances where an additional fee may be imposed.

 

 

      (3) VCP fee for Group Submissions, initial fee for first

 

      20 plans.                                                       $10,000

 

 

 Note: An additional fee will be requested by the Service at a

 

 later time based on the number of plans in excess of 20 that

 

 will be part of the group submission (capped at $50,000). See

 

 Form 8951 Instructions and

 

 Rev. Proc. 2013-12 sections 10.11

 

 and 12.05.

 

 

      (4) Terminating Orphan Plans                      Fee applicable under

 

                                                        6.08(1) (if no fee

 

                                                        waiver is requested or

 

                                                        if the waiver request

 

                                                        is denied)

 

 

 Note: At the discretion of the Service, the fee may be

 

 waived. Do not include an initial fee with the submission if

 

 a written waiver request is submitted. See Form 8951

 

 Instructions and Rev. Proc. 2013-12, sections 11.03(13) and

 

 12.02(4).

 

 

      (5) Special reduced fees for VCP submissions      See section 12 of Rev.

 

      involving non amender failures, certain failures  Proc. 2013-12 as

 

      related to minimum distribution requirements of   modified by Rev. Proc.

 

      § 401(a)(9), certain plan loan failures and   2015-27

 

      VCP submissions requesting minor modifications of

 

      previously issued compliance statements.

 

 

     (6) Refund information relating to VCP             See section 10.07 of

 

     submissions.                                        Rev.Proc. 2013-12

 

 

 Note: Other VCP fees found in section 12 of Rev. Proc.

 

 2013-12 as modified by

 

 Rev. Proc. 2015-27

 

 have not changed.

 

 For further information on VCP Fees, see

 

 Rev. Proc. 2013-12

 

 and Rev. Proc. 2015-27.

 

 

 EXEMPT ORGANIZATIONS USER FEES

 

 

 .09 Determination letters and requests for group exemption

 

 letters

 

 

      (1) Applications for recognition of exemption under

 

      § 501(c)(3) submitted on Form 1023-EZ.                          $400

 

 

      (2) Applications for recognition of exemption under

 

      § 501 not included in (1) or under § 521 from

 

      organizations (other than pension, profit-sharing, and

 

      stock bonus plans described in § 401) that have had

 

      annual gross receipts averaging not more than $10,000

 

      during the preceding four years, or new organizations

 

      that anticipate gross receipts averaging not more than

 

      $10,000 during the first four years.                               $400

 

 

 Note: Organizations seeking this reduced fee must sign a

 

 certification with their application that the receipts are

 

 or will be not more than the indicated amounts.

 

 

      (3) Applications for recognition of exemption under

 

      § 501 not included in (1) or (2) of section 6.09 or

 

      under § 521 from organizations whose actual or

 

      anticipated gross receipts exceed the $10,000 average

 

      annually.                                                          $850

 

 

 Note: If an organization that is already recognized as exempt

 

 under § 501(c) seeks reclassification under another

 

 subparagraph of § 501(c), a new user fee will be charged

 

 whether or not a new application is required. An additional

 

 fee applies to organizations that seek recognition of

 

 exemption under § 501(c)(4) (unless requested at the time

 

 of the § 501(c)(3) application) for a period for which

 

 they do not qualify for exemption under § 501(c)(3)

 

 because their application was filed late and they do not

 

 qualify for relief under § 301.9100-1.

 

 

      (4) Group Exemption letters                                      $3,000

 

 

 Note: An additional user fee under (1), (2), or (3) above is

 

 also required when a central organization submits an initial

 

 application for exemption with its request for a group

 

 exemption letter.

 

 

      (5) Canadian registered charities                                  None

 

 

      In accordance with the income tax treaty between the

 

 United States and Canada, Canadian registered charities are

 

 automatically recognized as exempt under § 501(c)(3)

 

 without filing an application for exemption. For details, see

 

 Notice 99-47, 1999-2 C.B. 391. Therefore, no user fee is

 

 required when a Canadian registered charity submits all or

 

 part of a Form 1023 or other written request to be listed in

 

 Exempt Organizations Select Check database for organizations

 

 eligible to receive tax-deductible charitable contributions

 

 (Pub. 78 data), or for a determination on its private

 

 foundation status.

 

 

 .10 Summary of exempt organization fees

 

 

      This table summarizes the various types of exempt

 

 organization issues, indicates the office of jurisdiction for

 

 each type, and lists the applicable user fee. Reduced fees

 

 may be applicable in certain instances.

 

 

                                         DETERMINATIONS

 

 ISSUE                                   OFFICE                       USER FEE

 

 

 Accounting period changes (Form 1128)                                   None

 

 

 Application for recognition of

 

 exemption under § 501(c)(3)

 

 submitted on Form 1023-EZ                                               $400

 

 

 Application for recognition of

 

 exemption under § 501 or § 521

 

 other than those filed on Form 1023-EZ                                  $850

 

 

 Reduced user fee for organizations

 

 described in section 6.09(2)                                            $400

 

 

 Group exemption letters                                               $3,000

 

 

 Confirmation of exemption (to replace

 

 lost exempt status letter, and to reflect

 

 name and address changes)                                               None

 

 

 Reclassification of private foundation

 

 status, including operating foundation

 

 status described in § 4942(j)(3) and

 

 exempt operating foundation status

 

 described in § 4940(d); a

 

 determination that a public charity is

 

 described in § 509(a)(3)(i), (ii), or

 

 (iii), including whether or not a Type

 

 III supporting organization is

 

 functionally integrated; reclassification

 

 of foundation status, including voluntary

 

 requests from public charities for

 

 private foundation status and voluntary

 

 requests from public charities, including

 

 requests from subordinate organizations,

 

 to change from one public charity status

 

 to another public charity status; or

 

 final public charity classification

 

 determination for organizations whose

 

 advance ruling periods expired prior to

 

 June 9, 2008 without providing the

 

 required information (Form 8940).                                       $400

 

 

 Regulations § 301.9100 relief in

 

 connection with applications for

 

 recognition of exemption                                                None

 

 

 Section 507 terminations -- advance ruling

 

 under § 507(b)(1)(B) and notice under

 

 § 507(a)(1) or 507(b)(1)(B)                                           $400

 

 

 Section 4942(g)(2) set asides -- advance

 

 approval (Form 8940)                                                  $1,000

 

 

 Section 4945 advance approval of

 

 organization's grant making procedures

 

 (Form 8940)                                                           $1,000

 

 

 Section 4945(f) advance approval of voter

 

 registration activities (Form 8940)                                   $1,000

 

 

 Section 6033 annual information return

 

 filing requirements (including a

 

 subordinate organization's change of

 

 filing requirements) (Form 8940)                                        $400

 

 

 Unusual grants to certain organizations

 

 under §§ 170(b)(1)(A)(vi) and

 

 509(a)(2) (Form 8940)                                                   $400

 

 

 User Fee for determination letters under

 

 the jurisdiction of the Determinations

 

 Office not otherwise described or covered

 

 in this section 6.10.                                                   $400

 

 

SECTION 7. MAILING ADDRESS FOR REQUESTING LETTER RULINGS, DETERMINATION LETTERS, VCP COMPLIANCE STATEMENTS

.01 Matters handled by EP Rulings and Agreements. Requests should be mailed to the appropriate address set forth in this section 7.01.

(1) Employee plans letter rulings under Rev. Procs. 87-50, 90-49, 2000-41, 2003-16, 2008-62, 2010-52, or 2016-4:

 

Internal Revenue Service

 

Attention: EP Letter Rulings

 

Stop 31

 

P.O. Box 12192

 

Covington, KY 41012-0192

 

(2) Employee plans opinion letters under Rev. Procs. 87-50, 97-29, 98-59, and 2010-48:

 

Internal Revenue Service

 

Attention: EP Opinion Letters

 

Stop 31

 

P.O. Box 12192

 

Covington, KY 41012-0192

 

Note: Hand delivered requests must be marked RULING REQUEST SUBMISSION. The delivery should be made to the following address between the hours of 8:30 a.m. and 4:00 p.m., where a receipt will be given:

 

Courier's Desk

 

Internal Revenue Service

 

Attention: EP Letter Rulings

 

Stop 31

 

201 West Rivercenter Boulevard

 

Covington, KY 41011

 

.02 Matters handled by EP or EO Determinations Office.

(1) The following types of requests and applications are handled by the EP or EO Determinations Office and should be sent to the Internal Revenue Service Center in Covington, Kentucky, at the address shown below: (a) requests for determination letters on the qualified status of employee plans under § 401, 403(a), or 409, and the exempt status of any related trust under § 501; (b) applications for recognition of tax exemption on Form 1023, Form 1024 and Form 1028; (c) requests for determination letters submitted with Form 8940; (d) requests for changes in accounting period; and (e) and other applications for recognition of qualification or exemption (other than on Form 1023-EZ). The address is:

 

Internal Revenue Service

 

Attention: EP/EO Determination

 

Letters

 

Stop 31

 

P.O. Box 12192

 

Covington, KY 41012-0192

 

(2) Applications for recognition of exemption on Form 1023-EZ are handled by the EO Determinations Office, but must be submitted electronically online at www.pay.gov. Paper submissions of Form 1023-EZ will not be accepted.

(3) The following types of requests and applications are handled by the EP Determinations Office and should be sent to the Internal Revenue Service at the address shown below: (a) requests for master and prototype opinion letters and for volume submitter advisory letters on the form of pre-approved employee plans under § 401 or 403(a); (b) the exempt status of any related trust under § 501; and (c) requests for prototype opinion letters and for volume submitter advisory letters for § 403(b) pre-approved plans under Rev. Proc. 2013-22. The address is:

 

Internal Revenue Service

 

Attn. Pre-Approved Plans Coordinator

 

P.O. Box 2508

 

Rm. 5106: Group 7521

 

Cincinnati, OH 45201

 

(4) Determinations and requests not subject to a user fee are handled by the EO Determinations Office and should be sent to the Internal Revenue Service at the address shown below:

 

Internal Revenue Service

 

P.O. Box 2508

 

Rm. 4024

 

Cincinnati, OH 45201

 

(5) Applications shipped by Express Mail or a delivery service for all of the above except for pre-approved employee plans should be sent to:

 

Internal Revenue Service

 

Attention: EP/EO Determination

 

Letters

 

Stop 31

 

201 West Rivercenter Boulevard

 

Covington, KY 41011

 

Applications shipped by Express Mail or a delivery service for pre-approved employee plans should be sent to:

 

Internal Revenue Service

 

Attn: Pre-Approved Plans Coordinator

 

550 Main Street

 

Room 5106: Group 7521

 

Cincinnati, OH 45202

 

.03 Matters handled by EP Voluntary Compliance

(1) VCP submissions are handled by the EP Voluntary Compliance function and should be sent to the Internal Revenue Service in Covington, Kentucky, at the address shown below. Submission procedures for VCP are set forth in section 11 of Rev. Proc. 2013-12, as revised by Rev. Proc. 2015-27. Refer to instructions associated with Form 8950. Forms 8950 and 8951 must accompany the VCP submission.

 

Internal Revenue Service

 

P.O. Box 12192

 

Covington, KY 41012-0192

 

(2) Submissions shipped by Express Mail or a delivery service should be sent to:

 

Internal Revenue Service

 

201 West Rivercenter Blvd.

 

Attn: Extracting Stop 312

 

Covington, KY 41011

 

SECTION 8. REQUESTS INVOLVING MULTIPLE OFFICES, FEE CATEGORIES, ISSUES, TRANSACTIONS, OR ENTITIES

.01 Requests involving several offices. If a request dealing with only one transaction involves more than one of the offices within the Service (for example, one issue is under the jurisdiction of the Associate Chief Counsel (Income Tax & Accounting) and another issue is under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division), the taxpayer is only responsible for the payment of the single highest fee that could be charged by any of the offices involved. See Rev. Proc. 2016-1, in this Bulletin, for the user fees applicable to issues under the jurisdiction of the Associate Chief Counsel (Corporate), the Associate Chief Counsel (Financial Institutions & Products), the Associate Chief Counsel (Income Tax & Accounting), the Associate Chief Counsel (Passthroughs & Special Industries), the Associate Chief Counsel (Procedure and Administration), the Associate Chief Counsel (International) or the Associate Chief Counsel (Tax Exempt and Government Entities).

.02 Requests involving several fee categories. If a request dealing with only one transaction involves more than one fee category, the taxpayer only is responsible for payment of the single highest fee that could be charged for any of the categories involved.

.03 Requests involving several issues. A request is treated as one request if: (1) the request deals with only one transaction but involves several issues or (2) the request is one for a change in accounting period dealing with only one item but involves several issues. In such instances, only one fee applies, namely the fee that applies to the particular category or sub-category involved. The addition of a new issue relating to the same transaction will not result in an additional fee, unless the issue places the transaction in a higher fee category.

.04 Requests involving several unrelated transactions. In situations where: (1)a request involves several unrelated transactions or (2) a request for a change in accounting period involves several unrelated items, each transaction or item is treated as a separate request. As a result, a separate fee will apply for each unrelated transaction or item. An additional fee will apply if the request is changed by the addition of an unrelated transaction or item not contained in the initial submission.

.05 Requests for separate letter rulings for several entities. Each entity involved in a transaction that desires a separate letter ruling in its own name (for example, an exempt hospital reorganization) must pay a separate fee. Payment of a separate fee is required regardless of whether the transaction or transactions may be viewed as related.

SECTION 9. PAYMENT OF FEE

.01 Method of payment. Except as provided in sections 9.04 and 9.05, each request to the Service for a letter ruling, determination letter, opinion letter, or VCP compliance statement, must be accompanied by a check, payable to the United States Treasury, in the appropriate amount. Taxpayers should not send cash.

The check may be converted to an electronic fund transfer. "Electronic fund transfer" is the term used to refer to the process in which the Service electronically instructs the financial institution holding the funds to transfer funds from the account named on the check to the U.S. Treasury account, rather than processing your check. By sending a completed, signed check to the Service, the Service is authorized to copy the check and to use the account information from the check to make an electronic fund transfer from the account for the same amount as the check. If the electronic fund transfer cannot be processed for technical reasons, the Service is authorized to process the copy of the check.

The electronic fund transfer from an account will usually occur within 24 hours, which is faster than a check is normally processed. Therefore, it is necessary to ensure there are sufficient funds available in the checking account when the check is sent to the Service. The check will not be returned from your financial institution.

.02 Transmittal forms. (1) Form 8717, User Fee for Employee Plan Determination Letter Request (or a payment confirmation from pay.gov as described in section 9.04), Form 8717-A, User Fee for Employee Plan Opinion or Advisory Letter Request and Form 8718, User Fee for Exempt Organization Determination Letter Request, are intended to be used as attachments to certain determination letter, opinion letter and advisory letter applications. Space is reserved for the attachment of the applicable user fee check. No similar form has been designed to be used in connection with requests for letter rulings. Do not use Form 8717 for VCP submissions. Instead, see paragraph 9.02(2) of this revenue procedure. (Form 8717, User Fee for Employee Plan Determination Letter Request (Rev. August 2014) and Form 8717-A, User Fee for Employee Opinion or Advisory Letter Request (August 2014) are currently being revised. Until such revised forms are published, taxpayers should continue to use the existing forms. However, when completing the forms, taxpayers should refer to the applicable Employee Plans user fees listed in section 6 of this revenue procedure.)

(2) Form 8950, Application for Voluntary Correction Program (VCP) Submission under the Employee Plans Compliance Resolution System (EPCRS) and Form 8951, Compliance Fee for Application for Voluntary Correction Program (VCP), must be included with VCP submissions. A check for the amount of the user fee must be attached to Form 8951. (Form 8951, Compliance Fee for Application for Voluntary Correction Program (VCP) (Rev. September 2015) is currently being revised. Until such revised form is published, taxpayers should continue to use the existing form. However, when completing line 7, taxpayers should refer to the fees listed in section 6.08(1) of this revenue procedure.)

.03 Effect of nonpayment or payment of incorrect amount.

Except as provided in Rev. Proc. 2016-6, it will be the general practice of the Service that:

(1) The respective offices within the Service that are responsible for issuing letter ruling or determination letters will exercise discretion in deciding whether to immediately return submissions that are not accompanied by a properly completed check or that are accompanied by a check for less than the correct amount. In those instances where the submission is not immediately returned, the requester will be contacted and given a reasonable amount of time to submit the proper fee. If the proper fee is not received within a reasonable amount of time, the entire submission will then be returned. However, the respective offices of the Service, in their discretion, may defer substantive consideration of a submission until proper payment has been received.

(2) An application for a determination or opinion or advisory letter will not be returned merely because Form 8717, Form 8717-A or Form 8718 was not attached.

(3) The return of a submission to the requester may adversely affect substantive rights if the submission is not perfected and resubmitted to the Service within 30 days of the date of the cover letter returning the submission. An example of this is where an application for exemption under § 501(c)(3) is submitted before expiration of the period provided by § 1.508-1(a)(2) and is returned because no user fee was attached, the submission will be timely if it is resubmitted before expiration of the period provided by § 1.508-1(a)(2) or within 30 days, whichever is later.

(4) If a check is for more than the correct amount, the submission will be accepted and the amount of the excess payment will be returned to the requester.

(5) If the user fee included with the VCP submission is less than the user fee required under section 6.08, the submission may be returned.

.04 Payment of user fees for Employee Plan Determination applications.

User fees for Employee Plan Determination applications (Form 5300 series only) may be paid by credit or direct debit from a checking or savings account through www.pay.gov. Payment confirmations are provided through the www.pay.gov portal and must be submitted in lieu of the paper Form 8717. Additional information can be found at Frequently Asked Questions at www.pay.gov.

.05 Payment of user fees for applications of recognition of exemption on Form 1023-EZ.

User fees for applications for recognition of exemption on Form 1023-EZ must be paid through www.pay.gov.

SECTION 10. REFUNDS

.01 Ruling or determination letter requests. In general, the fee will not be refunded unless the Service declines to rule or make a determination on all issues for which a ruling or determination letter is requested.

.02 Examples relating to ruling and determination letter requests.

(1) The following situations are examples in which the fee will not be refunded:

(a) The request for a letter ruling or determination letter, is withdrawn at any time subsequent to its receipt by the Service, unless the only reason for withdrawal is that the Service has advised the requester that a higher user fee than was sent with the request is applicable and the requester is unwilling to pay the higher fee. For example, no fee will be refunded where the taxpayer has been advised that a proposed adverse ruling is contemplated and subsequently withdraws its submission.

(b) The request is procedurally deficient, although accompanied by the proper fee or an overpayment, and it is not timely perfected upon request. When there is a failure to timely perfect the request, the case will be considered closed and the failure to perfect will be treated as a withdrawal for purposes of this revenue procedure. If accepted, an exemption application that is not complete is considered a procedurally deficient request for a determination letter on exempt status.

(c) In the case of a request for an EP letter ruling, if the case has been closed by the Service because essential information has not been submitted timely, the request may be reopened and treated as a new request, but the requester must pay another user fee before the case can be reopened. See 11.04(5) of Rev. Proc. 2016-4. In the case of a request for an EP determination letter, if the case has been closed by the Service because the requested information has not been timely submitted, the case will be closed and the user fee will not be refunded. See 6.13 of Rev. Proc. 2016-6.

(d) A letter ruling, determination letter, etc., is revoked in whole or in part at the initiative of the Service. The fee paid at the time the original letter ruling, determination letter, etc., was requested will not be refunded.

(e) The request contains several issues and the Service rules on some, but not all, of the issues. The highest fee applicable to the issues on which the Service rules will not be refunded.

(f) The requester asserts that a letter ruling the requester received covering a single issue is erroneous or not responsive (other than an issue on which the Service has declined to rule) and requests reconsideration. The Service, upon reconsideration, does not agree that the letter ruling is erroneous or is not responsive. The fee accompanying the request for reconsideration will not be refunded.

(g) The situation is the same as described in subparagraph (f) of this section 10.02(1) except that the letter ruling covered several unrelated transactions. The Service, upon reconsideration, does not agree with the requester that the letter ruling is erroneous or is not responsive for all of the transactions, but does agree that it is erroneous as to one transaction. The fee accompanying the request for reconsideration will not be refunded except to the extent applicable to the transaction for which the Service agrees the letter ruling was in error.

(h) The request is for a supplemental letter ruling, determination letter, etc., concerning a change in facts (whether significant or not) relating to the transaction on which the Service ruled.

(i) The request is for reconsideration of an adverse or partially adverse letter ruling or a final adverse determination letter, and the taxpayer submits arguments and authorities not submitted before the original letter ruling or determination letter was issued.

(2) The following situations are examples in which the user fee will be refunded:

(a) In a situation to which section 10.02(1)(i) of this revenue procedure does not apply, the taxpayer asserts that a letter ruling the taxpayer received covering a single issue is erroneous or is not responsive (other than an issue on which the Service declined to rule) and requests reconsideration. Upon reconsideration, the Service agrees that the letter ruling is erroneous or is not responsive. The fee accompanying the taxpayer's request for reconsideration will be refunded.

(b) In a situation to which section 10.02(1)(i) of this revenue procedure does not apply, the requester requests a supplemental letter ruling, determination letter, etc., to correct a mistake that the Service agrees it made in the original letter ruling, determination letter, etc., such as a mistake in the statement of facts or in the citation of a Code section. Once the Service agrees that it made a mistake, the fee accompanying the request for the supplemental letter ruling, determination letter, etc., will be refunded.

(c) See Rev. Proc. 2016-1, section 15.10(2), concerning refund of user fees when a taxpayer requests relief under§ 7805(b).

(d) In a situation to which section 10.02(1)(b) of this revenue procedure would otherwise apply, except that the Service does not request perfection of the procedural deficiencies in the application but rather does not accept the application and returns it to the requester, the fee accompanying the request will be returned or refunded.

(e) In a situation to which section 10.02(1)(e) of this revenue procedure applies, the requester requests reconsideration of the Service's decision not to rule on an issue. Once the Service agrees to rule on the issue, the fee accompanying the request for reconsideration will be refunded.

.03 VCP Submissions For refunds relating to VCP submissions, see Rev. Proc. 2013-12, section 10.07.

SECTION 11. REQUEST FOR RECONSIDERATION OF USER FEE

A taxpayer that believes the user fee charged by the Service for its request for a letter ruling, determination letter, etc., is either not applicable or incorrect and wishes to receive a refund of all or part of the amount paid (see section 10 of this revenue procedure) may request reconsideration and, if desired, the opportunity for an oral discussion by sending a letter to the Internal Revenue Service at the applicable Post Office Box or other address given in section 7 of this revenue procedure. Both the incoming envelope and the letter requesting such reconsideration should be prominently marked "USER FEE RECONSIDERATION REQUEST." No user fee is required for these requests. The request should be marked for the attention of the appropriate unit as listed in the table below

 If the matter involves primarily:    Mark for the attention of:

 

 _______________________________________________________________________

 

 

 Employee plans letter ruling         Employee Plans Rulings and Agreements

 

 requests and all other employee

 

 plans matters handled by EP Rulings

 

 and Agreements

 

 

 Employee plans determination         Manager, EP Determinations Quality

 

 letter requests and opinion letter   Assurance

 

 and advisory letter requests

 

 pursuant to Rev. Proc. 2015-36

 

 

 Exempt organizations determination   Manager, EO Determinations Quality

 

 letter requests                      Assurance

 

 

Notwithstanding the above, user fees associated with submissions made to the Employee Plans VCP program are fixed, apply to all plan sponsors, and generally will not be refunded. However, if a taxpayer believes they submitted an incorrect fee relating to a VCP submission, the taxpayer should contact the Service's employee who is working the case to determine whether a partial refund or additional payment is applicable. If the taxpayer is not in contact with a specific Service employee with regard to the taxpayer's submission, the taxpayer may call the VCP Case Status Telephone number at (626) 927-2011. If there is a disagreement as to the fee that applies to a specific VCP case, the matter may be discussed with the employee's manager.

SECTION 12. EFFECT ON OTHER DOCUMENTS

Rev. Proc. 2015-8 and Rev. Proc. 2015-22 are superseded.

SECTION 13. EFFECTIVE DATE

This revenue procedure is effective February 1, 2016, except that the Exempt Organization user fees set forth in sections 6.09 and 6.10 are effective January 4, 2016.

SECTION 14. PAPERWORK REDUCTION ACT

The collections of information contained in this revenue procedure have been reviewed and approved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1772.

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 collections of information in this revenue procedure are in section 6.09. This information is required; to substantiate that a taxpayer or an exempt organization seeking to pay a reduced user fee with respect to a request for a determination letter is entitled to pay the reduced fee; to identify the user fee category and corresponding fee required to be paid with respect to determination letter requests; to request reconsideration of the user fee charged by the Service; and, in connection with such a request, to indicate whether an oral discussion is desired. This information will be used to enable the Service to determine whether the taxpayer or exempt organization is entitled to pay a reduced user fee, to ascertain whether reconsideration of the user fee is being requested and, if it is being requested, whether an oral discussion is requested. The collections of information are voluntary, to obtain a benefit. The likely respondents are individuals, businesses or other for-profit institutions, nonprofit institutions, and small businesses or organizations.

The estimated total annual reporting and/or recordkeeping burden is 300 hours.

The estimated annual burden per respondent/recordkeeper varies from one hour to ten hours, depending on individual circumstances, with an estimated average of three hours. The estimated number of respondents and/or recordkeepers is 90 (requests for reduced fees) and 10 (requests for reconsideration of fee).

The estimated annual frequency of responses is on occasion.

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 author of this revenue procedure is Kathleen Herrmann of the Office of Associate Chief Counsel (Tax Exempt and Government Entities). For further information regarding this revenue procedure, contact Kathleen Herrmann at (202) 317-6799 (not a toll free number).

APPENDIX

Following is a list of revenue procedures relating to requests for letter rulings, determination letters, etc. that require the payment of a user fee.

A. Procedures applicable to both Employee Plans and Exempt Organizations

Rev. Proc. 2016-4, in this Bulletin, provides procedures for issuing letter rulings, information letters, etc., on matters relating to matters under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division.

B. Procedures applicable to Employee Plans matters other than actuarial matters

Rev. Proc. 87-50, 1987-2 C.B. 647, as modified by Rev. Proc. 91-44, Rev. Proc. 92-38, Rev. Proc. 2002-10, 2002-1 C.B. 401, and Rev. Proc. 2010-48, 2010-50 I.R.B. 828 sets forth the procedures of the Service relating to the issuance of rulings and opinion letters with respect to the establishment of individual retirement accounts and annuities (IRAs) under § 408, the entitlement to exemption of related trusts or custodial accounts under § 408(e), and the acceptability of the form of prototype simplified employee pension(SEP) agreements under §§ 408(k) and 415.

Rev. Proc. 92-24, 1992-1 C.B. 739, provides procedures for requesting determination letters on the effect on a plan's qualified status under § 401(a) of the Code of plan language that permits, pursuant to § 420, the transfer of assets in a defined benefit plan to a health benefits account described in § 401(h).

Rev. Proc. 92-38, 1992-1 C.B. 859, provides notice that individual retirement arrangement trusts, custodial account agreements, and annuity contracts must be amended to provide for the required distribution rules in § 408(a)(6) or (b)(3) of the Code. In addition, Rev. Proc. 92-38 modifies the guidance in Rev. Proc. 87-50 with regard to opinion letters issued to sponsoring organizations, including mass submitters and sponsors of prototype IRAs.

Rev. Proc. 97-29, 1997-1 C.B. 698, describes model amendments for SIMPLE IRAs; guidance to drafters of prototype SIMPLE IRAs on obtaining opinion letters; permissive amendments to sponsors of nonSIMPLE IRAs; the opening of a prototype program for SIMPLE IRA Plans; and transitional relief for users of SIMPLE IRAs and SIMPLE IRA Plans that have not been approved by the Service.

Rev. Proc. 98-59, 1998-2 C.B. 727, as modified by Rev. Proc. 2010-48, 2010-50 I.R.B. 828 provides guidance on obtaining opinion letters to drafters of prototype Roth IRAs, and provides transitional relief for users of Roth IRAs that have not been approved by the Internal Revenue Service.

Rev. Proc. 2003-16, 2003-1 C.B. 359, sets forth guidelines for the implementation of the provision for a waiver of the 60-day rollover period described in section 644 of EGTRRA.

Rev. Proc. 2013-12, 2013-4 I.R.B. 313, as modified by Rev. Proc. 2015-27,2015-16 I.R.B. 914 and Rev. Proc. 2015-28, 2015-16 I.R.B. 920 contains the most recent restatement of the Employee Plans Compliance Resolution System (EPCRS) a comprehensive system of correction programs for sponsors of retirement plans that are intended to satisfy § 401(a), 403(a), 403(b), 408(k) or 408(p) of the Code but have failed to meet those requirements for a period of time.

Rev. Proc. 2013-22, 2013-18 I.R.B. 985, as modified by Rev. Proc. 2014-28, 2014-16 I.R.B. 944 contains the Service's procedures for issuing opinion and advisory letters for § 403(b) pre-approved plans (that is, § 403(b) prototype plans and § 403(b) volume submitter plans).

Rev. Proc. 2015-36, 2015-27 I.R.B. 20, contains the Service's master and prototype (M&P) and volume submitter pro-gram procedures for the pre-approval of pension, profit-sharing and annuity plans.

Rev. Proc. 2016-6, in this Bulletin, provides procedures for issuing determination letters on the qualified status of employee plans under §§ 401(a), 403(a), 409, and 4975(e)(7).

C. Procedures applicable to Employee Plans actuarial matters

Rev. Proc. 90-49, 1990-2 C.B. 620, modifies and replaces Rev. Proc. 89-35, 1989-1 C.B. 917, in order to extend the effective date to contributions made for plan years beginning after December 31, 1989, to change the deadline for requesting rulings under the revenue procedure, to revise the information requirements for a ruling request made under the revenue procedure, to furnish a worksheet for actuarial computations, and to provide a special rule under which certain de minimis nondeductible employer contributions to a qualified defined benefit plan may be returned to the taxpayer without a formal ruling or disallowance from the Service.

Rev. Proc. 2000-41, 2000-2 C.B. 371, sets forth the procedure by which a plan administrator or plan sponsor may obtain approval of the Secretary of the Treasury for a change in funding method as provided by § 412(c)(5) of the Code and section 302(c)(5) of ERISA.

Rev. Proc. 2008-62, 2008-42 I.R.B 935, sets forth the procedure by which the sponsor of a defined benefit plan, other than a multiemployer plan, may request and obtain approval for the use of plan-specific substitute mortality tables in accordance with section 430(h)(3)(C) of the Code and section 303(h)(3)(C) of the Employee Retirement Income Security Act of 1974 (ERISA), as amended.

Rev. Proc. 2010-52, 2010-52 I.R.B. 927, describes the procedure by which the plan sponsor of a multiemployer pension plan may request and obtain approval of an extension of an amortization period in accordance with section 431(d) of the Code.

D. Procedures applicable to Exempt Organizations matters only

Rev. Proc. 80-27, 1980-1 C.B. 677, as modified by Rev. Proc. 96-40, 1996-2 C.B. 301, provides procedures under which recognition of exemption from federal income tax under § 501(c) may be obtained on a group basis for subordinate organizations affiliated with and under the general supervision or control of a central organization. This procedure relieves each of the subordinates covered by a group exemption letter from filing its own application for recognition of exemption.

Rev. Proc. 2016-5, in this Bulletin, will set forth any applicable revised procedures with regard to applications for recognition of exemption from federal income tax under §§ 501 (including on Form 1023-EZ) and 521. Rev. Proc. 2016-10, next Bulletin, sets forth procedures with regard to changes of foundation classification.

DOCUMENT ATTRIBUTES
  • Institutional Authors
    Internal Revenue Service
  • Cross-Reference
    Superseding Rev. Proc. 2015-8 .
  • Code Sections
  • Subject Areas/Tax Topics
  • Jurisdictions
  • Language
    English
  • Tax Analysts Document Number
    Doc 2016-11
  • Tax Analysts Electronic Citation
    2016 TNT 2-17
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