IRS Issues Updates to Employee Plans Compliance Resolution System

A new revenue procedure addresses changes to the determination letter program, changes to the Audit Closing Agreement Program and modification to user fees.

The Internal Revenue Service (IRS) has issued Revenue Procedure 2016-51, which updates the comprehensive system of correction programs for sponsors of retirement plans that are intended to satisfy the requirements of Sections 401(a), 403(a), 403(b), 408(k), or 408(p) of the Internal Revenue Code, but that have not met these requirements for a period of time.

The revenue procedure modifies and supersedes Revenue Procedure 2013-12, the prior consolidated statement of the correction programs under the Employee Plans Compliance Resolution System (EPCRS). It also incorporates certain modifications set forth in Revenue Procedure 2015-27, correction of overpayments and certain other topics, and Revenue Procedure 2015-28, correction of failures with respect to automatic contribution features and encouraging the early correction of employee elective deferral failures. In addition, this revenue procedure incorporates modifications to Revenue Procedure 2013-12 set forth in Revenue Procedure 2016-8, fees for voluntary compliance program (VCP) submissions generally moved to annual Employee Plans (EP) revenue procedure on user fees.                                                        

The 119-page document addresses:

  • Modifications relating to changes in the determination letter program;
  • Changes to the Audit Closing Agreement Program (Audit CAP); and
  • Modifications relating to user fees.

The IRS invites comments on the revenue procedure, which will be published in Internal Revenue Bulletin (IRB): 2016-42, dated October 17, 2016.

The revenue procedure is effective January 1, 2017.