IRS Releases Notice on Eligibility for Exemption

The Internal Revenue Service (IRS) has issued a notice to provide guidance on fee requirements for employee plans determination in the Internal Revenue Code. 

Notice 2011-86 provides for exemption from the requirement to pay a user fee for certain applications to the IRS for determination letters on the qualified status of pension, profit-sharing, stock bonus, annuity, and employee stock ownership (ESOP) plans. According to the IRS, this notice amplifies Notice 2002–1, 2002–1 C.B. 283, by explaining how to determine, for purposes of eligibility for exemption from the user fee requirement, if such an application has been filed within a remedial amendment period with respect to the plan beginning within the plan’s first five plan years. The guidance in this notice generally pertains to such applications that are filed with the IRS after January 31, 2011.

Notice 2011-86 will appear in IRB 2011-45 dated Nov. 7, 2011.

Click here for more information on Notice 2011-86.