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SECTION 8. EMPLOYEE BENEFIT ISSUES—CONTINUED

Internal Revenue Bulletin 2001-47 · 2026-10-03 edition · updated 2026-10-04 · United States

Statute or
Regulation
Act Postponed
15.

Sec. 401(b)
and Treas.
Reg.
§ 1.401(b)-1
A retirement plan that fails to satisfy the requirements of section 401(a) or section 403(a)
on any day because of a disqualifying provision will be treated as satisfying such require-
ments on such day if, prior to the expiration of the applicable remedial amendment period,
all plan provisions necessary to satisfy the requirements of section 401(a) or 403(a) are in
effect and have been made effective for the whole of such period.
16.
Sec.
401(k)(8)

A cash or deferred arrangement must distribute excess contributions for a plan year, plus
income attributable to the excess, pursuant to the terms of the arrangement no later than the
close of the following plan year.
17.
Sec.
401(m)(6)
A plan subject to section 401(m) must distribute excess aggregate contributions for a plan
year, plus income attributable to the excess, pursuant to the terms of the plan no later than
the close of the following plan year.
18.
Sec.
402(g)(2)(A)
and Treas.
Reg.
§ 1.402(g)-1
An individual with excess deferrals for a taxable year must notify a plan, not later than a
specified date following the taxable year, that excess deferrals have been contributed to that
plan for the taxable year. A distribution of excess deferrals identified by the individual,
plus income attributable to the excess, must be accomplished no later than the first April 15
following the taxable year of the excess.
19.

Sec.
404(k)(2)(A)
(ii)

An ESOP receiving dividends on stock of the C corporation maintaining the plan must
distribute the dividend in cash to participants or beneficiaries not later than 90 days after
the close of the plan year in which the dividend was paid.
20.
Secs. 408(i)
and 6047(c)
A trustee or issuer of an individual retirement arrangement (IRA) must provide certain
information concerning the IRA to the IRA owner by January 31 following the calendar
year to which the information relates. In addition, IRA contribution information must be
furnished to the owner, and Form 5498, Individual Retirement Arrangement Information,
filed with the IRS, by May 31 following the calendar year to which the information relates.
21.
Sec.
409(h)(4)

An employer required to repurchase employer securities under section 409(h)(1)(B) must
provide a put option for a period of at least 60 days following the date of distribution of
employer securities to a participant, and if the put option is not exercised, for an additional
60-day period in the following plan year. A participant who receives a distribution of
employer securities under section 409(h)(1)(B) must exercise the put option provided by
that section within a period of at least 60 days following the date of distribution, or if the
put option is not exercised within that period, for an additional 60-day period in the follow-
ing plan year.
22.
Sec.
409(h)(5)

An employer required to repurchase employer securities distributed as part of a total distri-
bution must pay for the securities in substantially equal periodic payments (at least annu-
ally) over a period beginning not later than 30 days after the exercise of the put option and
not exceeding 5 years.
23.
Sec.
409(h)(6)

An employer required to repurchase employer securities distributed as part of an install-
ment distribution must pay for the securities not later than 30 days after the exercise of the
put option under section 409(h)(4).
24.
Sec. 409(o)
An ESOP must commence the distribution of a participant’s account balance, if the partici-
pant elects, not later than 1 year after the close of the plan year — i) in which the partici-
pant separates from service by reason of attaining normal retirement age under the plan,
death or disability; or ii) which is the 5th plan year following the plan year in which the
participant otherwise separates from service (except if the participant is reemployed before
distribution is required to begin).
25.
Sec.
1042(a)(2)

A taxpayer must purchase qualified replacement property (defined in section 1042(c)(4))
within the replacement period, defined in section 1042(c)(3) as the period which begins 3
months before the date of the sale of qualified securities to an ESOP and ends 12 months
after the date of such sale.
26. Treas. Reg.
§ 1.1042-1T,
Q&A-3

A taxpayer must notarize any statement of purchase with respect to qualified replacement
property required under Treas. Reg. § 1.1042-1T, Q&A-3 no later than 30 days after a
purchase of qualified replacement property.

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