SECTION 1. WHAT IS THE

PURPOSE OF THIS REVENUE PROCEDURE?

Purpose of revenue procedure

Organization of revenue procedure

Other guidance affecting this revenue procedure

.01 This revenue procedure explains how the Internal Revenue Service provides advice to taxpayers on issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division, Employee Plans Rulings and Agreements Office (Employee Plans Rulings and Agreements). It also details the types of advice available to taxpayers, and the manner in which such advice is requested and provided.

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(1) Part I of this revenue procedure contains general information about the types of advice provided by Employee Plans Rulings and Agreements and the procedures that apply to both requests for determination letters and requests for private letter rulings. Part II contains procedures for determination letters for various types of plans and transactions. Part III contains procedures for private letter rulings within the jurisdiction of Employee Plans Rulings and Agreements. Part IV contains the rules for user fees that are required to be paid when requesting various types of advice.

(2) Employee Plans Rulings and Agreements will continue to issue letter rulings only on certain matters specified in section 24.01 of this revenue procedure. Rev. Proc. 2018–1, this Bulletin, sets forth procedures for obtaining letter rulings from the Office of Associate Chief Counsel, including letter rulings relating to qualified retirement plans and IRAs. Rev. Proc. 2018–2, this Bulletin, sets forth procedures for requesting technical advice from the Office of Associate Chief Counsel.

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(1) Determination letter program

(a) Revenue Procedure 2016–37, 2016–29 I.R.B. 136, modified the determination letter program for qualified plans to eliminate, as of January 1, 2017, the five-year remedial amendment cycle system for individually designed plans set forth in Rev. Proc. 2007–44, 2007–2 C.B. 54, and to provide the circumstances under which a plan sponsor may submit a determination letter application to Employee Plans Rulings and Agreements. In addition, Rev. Proc. 2016–37 described a system of remedial amendment cycles that applies to qualified pre-approved (master and prototype (M&P) and volume submitter (VS)) plans and the deadlines to submit applications for opinion and advisory letters.

(b) The 2017 Required Amendments List, which establishes the end of the remedial amendment period for an individually designed plan with respect to changes in qualification requirements that appear on the list, is contained in Notice 2017–72, 2017–52 I.R.B. 601.

(c) The 2016 Required Amendments List, which establishes the end of the remedial amendment period for an individually designed plan with respect to changes in qualification requirements that appear on the list, is contained in Notice 2016–80, 2016–52 I.R.B. 918.

(d) The 2015 Cumulative List, which applied to individually designed plans submitted for a determination letter during the 2017 calendar year (with the exception of terminating plans), is contained in Notice 2015–84, 2015–52 I.R.B. 880.

January 2, 2018 152 Bulletin No. 2018–1

(e) Notice 2017–1, 2017–2 I.R.B. 367, provides an exemption from the requirement to pay a user fee for certain requests to the Service for determination letters with respect to the qualified status of pension, profit-sharing, stock bonus, annuity, and employee stock ownership (ESOP) plans maintained by small employers.

(2) Pre-approved plan program

(a) Rev. Proc. 2015–36, 2015–27 I.R.B. 20, sets forth the procedures for obtaining opinion and advisory letters for qualified pre-approved plans submitted with respect to remedial amendment cycles prior to the third six-year remedial amendment cycle. The second six-year remedial amendment cycle for defined contribution plans began on February 1, 2011, and ended on January 31, 2017 and the second six-year remedial amendment cycle for defined benefit plans began on February 1, 2013, and ends on January 31, 2019.

(b) Rev. Proc. 2017–41, 2017–29 I.R.B. 92, modifies the pre-approved program by eliminating the distinction between M&P and VS plans, liberalizing the types of plans eligible for preapproved status and affording greater flexibility in the design. In addition Rev. Proc. 2017–41 sets forth the procedures for obtaining an opinion letter for qualified pre-approved plans submitted with respect to the third (and subsequent) six-year remedial amendment cycles. The third six-year remedial amendment cycle for defined contribution plans began on February 1, 2017, and ends on January 31, 2023. The on-cycle submission period for pre-approved plan providers to submit applications for opinion letters for defined contribution plans for the third six-year remedial amendment cycle began on October 2, 2017, and ends on October 1, 2018. The third six-year remedial amendment cycle for defined benefit plans will begin on February 1, 2019, and will end on January 31, 2025. The on-cycle submission period for pre-approved plan providers to submit applications for opinion letters for defined benefit plans for the third six-year remedial amendment cycle will be announced in future guidance.

(c) The 2017 Cumulative List, which will be used to submit opinion letter applications for pre-approved defined contribution plans during the third six-year remedial amendment cycle, is contained in Notice 2017–37, 2017–29 I.R.B. 89.

(3) Other guidance

(a) Rev. Proc. 2013–22, 2013–18 I.R.B. 985, as modified by Rev. Proc. 2014–28, 2014–16 I.R.B. 944 and Rev. Proc. 2015–22, 2015–11 I.R.B. 754, sets forth the procedures for obtaining opinion and advisory letters for § 403(b) prototype plans and VS plans.

(b) Rev. Proc. 2016–51, 2016–42 I.R.B. 466, sets forth the procedures for correcting qualification failures under the Employee Plans Compliance Resolution System (EPCRS).

Updated annually .04 This revenue procedure is updated annually, but it may be modified, amplified or clarified during the year.