SECTION 2. WHAT CHANGES

HAVE BEEN MADE TO REV. PROC. 95–4?

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This revenue procedure explains how the Internal Revenue Service gives guidance to taxpayers on issues under the jurisdiction of the Assistant Commissioner (Employee Plans and Exempt Organizations). It explains the kinds of guidance and the manner in which guidance is requested by taxpayers and provided by the Service. A sample format of a request for a letter ruling is provided in Appendix A.

.01 Section 3.07 is amended to require that taxpayers provide a daytime telephone number in their request for an information letter.

.02 Section 5.04 is revised to state that Rev. Proc. 95–52, 1995–51 I.R.B. 14, restates and extends the closing agreement program for defined contribution plans that purchased guaranteed investment contracts (GICs) or group annuity contracts (GACs) from troubled life insurance companies for an indefinite period. Rev. Proc. 95–52 modifies and supersedes the procedures set forth in Rev. Proc. 92–16, 1992–1 C.B. 673 (as modified by Rev. Proc. 94–19, 1994–1 C.B. 605). .03 Section 6.01 is amended to add subsection (6) which provides a more detailed listing of the areas under the jurisdiction of Exempt Organizations.

.04 Section 6.02(1) is revised to add §§ 419 and 419A of the Code to areas in which the national office issues letter rulings.

.05 Section 6.02(2) is revised to clarify that Rev. Proc. 91–41 applies only to a waiver of the minimum funding standard, and changes in funding methods and actuarial assumptions under § 412(c)(5) of the Code are added. Reference to changes in the plan year under § 412 has been deleted from this section since that subject is covered in section 6.02(4).

.06 Section 6.02(3) is added to state that a letter ruling can be requested for a determination that a plan amendment is reasonable and provides for only de minimis increases in plan liabilities in accordance with §§ 401(a)(33) and 412(f)(2)(A) of the Code.

.07 A second paragraph is added to section 7.02 clarifying what a ruling issued by the national office would cover in situations involving continuing transactions.

.08 Section 8.06 has been deleted since the Service now provides some guidance on § 404(k) of the Code.

.09 Section 9.02(11) is amended to add Enrolled Actuary as an authorized representative.

.10 Sections 9.02(9), (10), (12), and (13) are amended to clarify that a stamped signature by the taxpayer or the authorized representative is not permitted when signing a deletions statement, requesting a ruling or determination letter, signing the power of attorney, or signing a penalties of perjury statement.

.11 Section 9.02(13) is amended to provide that a taxpayer who submits additional factual information on several occasions for a request for a letter ruling or determination letter may provide one penalties of perjury declaration subsequent to all submissions that refers to all submissions.

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.12 Section 9.02(14) is amended to provide that if two or more taxpayers are parties to a transaction and each requests a letter ruling, each taxpayer must satisfy the rules of the revenue procedure and additional user fees may apply.

.13 Section 9.02(15) is amended to provide that if more than one issue is presented in the letter ruling request, the taxpayer is encouraged to submit additional copies of the request.

.14 Section 10.03 is amended to add references to Rev. Proc. 94–42, 1994–1 C.B. 717, Rev. Proc. 81–44, 1981–2 C.B. 618, Rev. Proc. 79–62, 1979–2 C.B. 576, Rev. Proc. 79–61, 1979–2 C.B. 575, and Rev. Proc. 78–37, 1978–2 C.B. 540, which provide guidance on actuarial issues.

.15 Section 11.04(3) has been amended to add reference to an extension of the 30day period to submit information after an initial contact under section 11.03.

.16 Section 11.13 is amended to clarify the format of the wordprocessing disk for taxpayers submitting a draft of their letter ruling to the national office.

.17 A new section 11.14 is added stating that, generally before a letter ruling is issued, the branch representative will advise the taxpayer of the Service’s final conclusions and, if the Service will rule adversely, offers the taxpayer the opportunity to withdraw the letter ruling request.

.18 The first line of the paragraph following section 12.03(4) has been amended to add a clause advising taxpayers of a change in procedures.

.19 Rev. Proc. 96–6, [insert #], this Bulletin, supersedes Rev. Proc. 93–39, 1993–2 C.B. 513 (with the exception of section 12 relating to modifications to Rev. Proc. 93– 12, 1993–1 C.B. 479, and section 13 relating to the extended reliance period) where Rev. Proc. 93–39 is cited in the following sections of this revenue procedure: 3.04; 3.05; 3.06; 5.01; 5.02; 5.03; 6.03; 7.03; 7.08; and 10.03(8). Rev. Proc. 93–9 is superseded by Rev. Proc. 93–39 with the exception of section 4 relating to master and prototype and regional prototype plans.