SECTION 4. ON WHAT

ISSUES MAY TAXPAYERS REQUEST WRITTEN ADVICE UNDER THIS PROCEDURE?

In general

Determination Letters

and convincing proof that such requirement is not germane to the manner in which the applicant will administer any trust or custodial account. See § 1.408-2(e)(6).

To assist Employee Plans Rulings & Agreements in considering an application for nonbank trustee approval, Appendices E and G should be submitted with the request for approval.

.08 A “compliance statement” is a binding written agreement between Employee Plans Rulings and Agreements and, generally, the plan sponsor with respect to certain failures of a retirement plan to meet the applicable Code requirements identified by the plan sponsor in a voluntary submission under VCP. The compliance statement addresses the failures identified in the VCP submission, the terms of correction, including any revision of administrative procedures, and the time period within which proposed corrections must be implemented. A compliance statement is conditioned on (i) there being no misstatement or omission of material fact in connection with the submission, and (ii) the implementation of the specific corrections and satisfaction of any other conditions in the compliance statement within the prescribed time frame. See Rev. Proc. 2021-30.

.09 An “advisory letter” is issued as to the acceptability of the form of a specimen plan under § 403(b) with respect to an advisory letter application submitted for the first six‑year remedial amendment cycle applicable to § 403(b) pre-approved plans (the cycle ending June 30, 2020). See Rev. Proc. 2013-22.

.01 Taxpayers may request determination letters, letter rulings, and closing agreements on issues within the jurisdiction of Employee Plans Rulings and Agreements under this revenue procedure.

.02 Employee Plans Rulings and Agreements issues determination letters on the status of pension, profit-sharing, stock bonus, annuity, and employee stock ownership plans under §§ 401, 403(a), 409, or 4975(e)(7), and the status for exemption of any related trusts or custodial accounts under § 501(a). See Rev. Proc. 2022-40, which sets forth a description of the determination letter program, including when to submit a request for a determination letter, for individually designed plans, and Rev. Proc. 2016-37, for pre‑approved plans. Employee Plans Rulings and Agreements also accepts determination letter applications for § 403(b) individually designed plans pursuant to the schedule described in section 1.03(1)(a) of this revenue procedure.

Letter Rulings .03 Employee Plans Rulings and Agreements issues letter rulings on the Code sections listed in section 24.01 of this revenue procedure, if appropriate in the interest of sound tax administration, to answer written inquiries of individuals and organizations about their status for tax purposes and the tax effects of their acts or transactions.

Voluntary Closing Agreements

.04 Employee Plans Rulings and Agreements considers voluntary closing agreement requests to resolve certain income or excise tax issues that are ineligible for resolution under EPCRS. See www.irs.gov/retirement-plans/employee-plans-voluntary-closing-agreements.

Other Matters .05 Note that issues involving employee plans not listed in section 24.01 of this revenue procedure generally fall under the jurisdiction of the Office of Associate Chief Counsel (Employee Benefits,

Bulletin No. 2024–1 175 January 2, 2024