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Introduction

SECTION 8. EMPLOYEE BENEFIT

Internal Revenue Bulletin 2005-20 · 2026-10-03 edition · updated 2026-10-04 · United States

ISSUES

Statute or Regulation Act Postponed
1. Sec. 72(p)(2)(B) and (C),
and Treas. Reg. § 1.72(p)–1,
Q&A–10
A loan from a qualified employer plan to a participant in, or a beneficiary of,
such plan must be repaid according to certain time schedules specified in section
72(p)(2)(B) and (C) (including, if applicable, any grace period granted pursuant to
section 1.72(p)–1, Q&A–10).
2. Sec. 72(t)(2)(A)(iv) Under section 72(t)(2)(A)(iv), to avoid the imposition of a 10-percent additional tax
on a distribution from a qualified retirement plan, the distribution must be part of a
series of substantially equal periodic payments, made at least annually.
3. Sec. 72(t)(2)(F) To avoid the imposition of a 10-percent additional tax on a distribution from an
individual retirement arrangement (IRA) for a first-time home purchase, such
distribution must be used within 120 days of the distribution to pay qualified
acquisition costs or rolled into an IRA.
4. Sec. 83(b) and Treas. Reg.
§ 1.83–2(b)
If substantially nonvested property to which section 83 applies is transferred to any
person, the service provider may elect to include the excess of the fair market value
of the property over the amount paid (if any) for the property in gross income for
the taxable year in which such property is transferred. This election must occur not
later than 30 days after the date the property was transferred.
5. Proposed Treas. Reg.
§ 1.125–1, Q&A–15
Cafeteria plan participants will avoid constructive receipt of the taxable amounts if
they elect the benefits they will receive before the beginning of the period during
which the benefits will be provided.
6. Proposed Treas. Reg.
§ 1.125–1, Q&A–14 and
Proposed Treas. Reg.
§ 1.125–2, Q&A–7
Cafeteria plan participants will not be in constructive receipt if, at the end of the
plan year, they forfeit amounts elected but not used during the plan year.
7. Proposed Treas. Reg.
§ 1.125–2, Q&A–5
Cafeteria plan participants may receive in cash the value of unused vacation days
on or before the earlier of the last day of the cafeteria plan year or the last day of the
employee’s taxable year to which the unused days relate.
8. Treas. Reg. § 1.162–27(e)(2) A performance goal is considered preestablished if it is established in writing
by the corporation’s compensation committee not later than 90 days after the
commencement of the period of service to which the performance goal relates if
the outcome is substantially uncertain at the time the compensation committee
actually establishes the goal. In no event, however, will the performance goal
be considered pre-established if it is established after 25 percent of the period of
service has elapsed.

May 16, 2005 1058 2005–20 I.R.B.

Statute or Regulation Act Postponed
9. Sec. 220(f)(5) A rollover contribution to an Archer MSA must be made no later than the 60th
day after the day on which the holder receives a payment or distribution from an
Archer MSA.
10. Sec. 220(h) A trustee or custodian of an MSA (Archer MSA or Medicare+Choice MSA) must
provide certain information concerning the MSA to the account holder by January
31 following the calendar year to which the information relates. In addition, MSA
contribution information must be furnished to the account holder, and Form 5498
filed with the IRS, by May 31 following the calendar year to which the information
relates.
11. Secs. 401(a)(9), 403(a)(1),
403(b)(10), 408(a)(6),
408(b)(3) and 457(d)(2)
The first required minimum distribution from plans subject to the rules in section
401(a)(9) must be made no later than the required beginning date. Subsequent
required minimum distributions must be made by the end of each distribution
calendar year.
12. Sec. 401(a)(28)(B)(i) A qualified participant in an ESOP (as defined in section 401(a)(28)(B)(iii)) may
elect within 90 days after the close of each plan year in the qualified election period
(as defined in section 401(a)(28)(B)(iv)) to direct the plan as to the investment of at
least 25 percent of the participant’s account in the plan (50 percent in the case of
the last election).
13. Sec. 401(a)(28)(B)(ii) A plan must distribute the portion of the participant’s account covered by an
election under section 401(a)(28)(B)(i) within 90 days after the period during
which an election can be made; or the plan must offer at least 3 investment options
(not inconsistent with regulations prescribed by the Secretary) to each participant
making the election under section 401(a)(28)(B)(i) and within 90 days after the
period during which the election may be made, the plan must invest the portion of
the participant’s account in accordance with the participant’s election.
14. Sec. 401(a)(30) and Treas.
Reg. § 1.401(a)–30 and
§ 1.402(g)–1
Excess deferrals for a calendar year, plus income attributable to the excess, must be
distributed no later than the first April 15 following the calendar year.
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 requirements 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.

2005–20 I.R.B. 1059 May 16, 2005

Statute or Regulation Act Postponed
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 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 following plan year.
22. Sec. 409(h)(5) An employer required to repurchase employer securities distributed as part of a total
distribution must pay for the securities in substantially equal periodic payments (at
least annually) 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
installment 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
participant elects, not later than 1 year after the close of the plan year — i) in which
the participant 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. 457(e)(16)(B) An eligible rollover distribution from a section 457 eligible governmental plan may
be rolled over to an eligible retirement plan no later than the 60th day following the
day the distributee received the distributed property.
26. 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.
27. Sec. 4972(c)(3) Nondeductible plan contributions must be distributed prior to a certain date to
avoid a 10 percent tax.
28. Sec. 4979 and Treas. Reg.
§ 54.4979–1
A 10 percent tax on the amount of excess contributions and excess aggregate
contributions under a plan for a plan year will be imposed unless the excess, plus
income attributable to the excess is distributed (or, if forfeitable, forfeited) no
later than 21/2-months after the close of the plan year. In the case of an employer
maintaining a SARSEP, employees must be notified of the excess by the employer
within the 21/2-month period to avoid the tax.

May 16, 2005 1060 2005–20 I.R.B.

Statute or Regulation Act Postponed
29. Secs. 6033, 6039D, 6047,
6057, 6058, and 6059
Form 5500,_ Annual Return/Report of Employee Benefit Plan_, and Form 5500–EZ,
Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan,
which are used to report annual information concerning employee benefit plans and
fringe benefit plans, must be filed by a specified time.
General Advice
Affected filers are advised to follow the instructions accompanying the Form 5500
series (or other guidance published on the postponement) regarding how to file the
forms when postponements are granted pursuant to section 7508 or section 7508A.
Combat Zone Postponements under Section 7508
Individual taxpayers who meet the requirements of section 7508 are entitled to a
postponement of time to file the Form 5500 or Form 5500–EZ under section 7508.
The postponement of the Form 5500 series filing due date under section 7508 will
also be permitted by the Department of Labor and the Pension Benefit Guaranty
Corporation (PBGC) for similarly situated individuals who are plan administrators.
Postponements for Presidentially Declared Disasters and Terroristic or Military
Actions under Section 7508A
In the case of “affected taxpayers,” as defined in section 301.7508A–1(d), the IRS
may permit a postponement of the filing of the Form 5500 or Form 5500–EZ.
Taxpayers who are unable to obtain on a timely basis information necessary for
completing the forms from a bank, insurance company, or any other service
provider because such service providers’ operations are located in a covered
disaster area will be treated as “affected taxpayers.” Whatever postponement of the
Form 5500 series filing due date is permitted by the IRS under section 7508A will
also be permitted by the Department of Labor and PBGC for similarly situated plan
administrators and direct filing entities.
30. Rev. Proc. 2003–44,
Sections 9.02(1) and (2)
The correction period for self-correction of operational failures is the last day of
the second plan year following the plan year for which the failure occurred. The
correction period for self-correction of operational failures for transferred assets
does not end until the last day of the first plan year that begins after the corporate
merger, acquisition, or other similar employer transaction.
31. Rev. Proc. 2003–44,
Section 12.07
If the submission involves a plan with transferred assets and no new incidents
of the failures in the submission occurred after the end of the second plan year
that begins after the corporate merger, acquisition, or other similar employer
transaction, the plan sponsor may calculate the amount of plan assets and number
of plan participants based on the Form 5500 information that would have been filed
by the plan sponsor for the plan year that includes the employer transaction if the
transferred assets were maintained as a separate plan.
32. Rev. Proc. 2003–44,
Section 14.03
If an examination involves a plan with transferred assets and the IRS determines
that no new incidents of the failures that relate to the transferred assets occurred
after the end of the second plan year that begins after the corporate merger,
acquisition, or other similar employer transaction, the sanction under Audit
CAP will not exceed the sanction that would apply if the transferred assets were
maintained as a separate plan.

2005–20 I.R.B. 1061 May 16, 2005

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