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The Internal Acquirement Service (IRS) has appear Acquirement Action 2018-52, which modifies and supersedes Acquirement Procedures 2016-51 and 2016-42, the best contempo above-mentioned circumscribed statements of the assorted alteration programs accessible to plan sponsors beneath the Employee Plans Compliance Resolution System (EPCRS).

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As readers may know, the Employee Plans Compliance Resolution System permits plan sponsors to actual plan administering failures and thereby abide to accommodate their advisers with retirement allowances on a tax-favored basis. The amount apparatus of EPCRS are the Self Alteration Affairs (SCP), the Voluntary Alteration Affairs (VCP), and the Audit Closing Agreement Affairs (Audit CAP).

According to IRS, this amend to the 2016-51 advertisement is “a bound amend and is appear primarily to set alternating new VCP [Voluntary Alteration Program] acquiescence procedures, including the appropriate use of the www.pay.gov website.”

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Sections 2.02 and 2.03 of the new 2018-52 advertisement altercate the new VCP acquiescence procedures in detail. Also of note, the new acquirement action states that IRS and the Department of the Treasury “are currently developing advice on added issues apropos to EPCRS.” More detail about this is accustomed in the accepted altercation in area 2.04.

Detail from Acquirement Action 2018-02

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According to IRS, in general, alpha April 1, 2019, plan sponsors charge use the www.pay.gov website back filing a VCP acquiescence and advantageous applicative user fees. To affluence the alteration to the new acquiescence procedures, from January 1, 2019, through March 31, 2019, sponsors may book VCP submissions with the IRS either by application www.pay.gov in accordance with sections 10 and 11 of the new acquirement procedure, or by filing cardboard VCP submissions in accordance with the procedures in sections 10 and 11 of the antecedent Acquirement Action 2016-51. However, the IRS will not acquire cardboard VCP submissions postmarked on or afterwards April 1, 2019.

The abundant acquirement procedure, accession over 120 pages, lays out the step-by-step action plan sponsors charge follow. Broadly speaking, an cyberbanking VCP acquiescence filed application the www.pay.gov  website charge accommodate abounding of the aforementioned abstracts as a VCP acquiescence filed on cardboard pursuant to Acquirement Action 2016-51. Accustomed the new agenda forum, there are key procedural differences.

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First, for example, an appellant charge use the www.pay.gov website to actualize a pay.gov account. This pay.gov annual will be acclimated back filing a VCP acquiescence and advantageous applicative user fees. Second, afterwards a pay.gov annual has been established, the appellant charge complete Form 8950, “Application for Voluntary Alteration Affairs (VCP) Acquiescence Beneath the Employee Plans Compliance Resolution System,” application the www.pay.gov website.  

There are assorted added procedural requirements, including that, alpha April 1, 2019, applicants are not acceptable to abide a cardboard adaptation of Form 8950.

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Apart from ambience new agenda procedures for the submission/processing of user fees, IRS addendum that abstracts apropos to the VCP submission, including the description of failures, Form 14568 (Model VCP Compliance Statement), Schedules 1 through 9 of Form 14568, and any added applicative items (as set alternating in area 11.04) for a VCP submission, about charge be adapted into a distinct PDF. This certificate charge again uploaded assimilate the www.pay.gov website.

There is a 15 MB admeasurement limitation for uploading a PDF certificate assimilate the www.pay.gov website; appropriately appropriate instructions are provided for PDF files that beat that limitation.

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Future changes and enhancements

In the Acquirement Procedure, IRS says it is accepted that the bureau and the Treasury Department will abide to amend the EPCRS acquirement procedures, in accomplished or in part, from time to time, “including added improvements to EPCRS based on comments received.”

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“Accordingly, the IRS and Treasury Department abide to allure added comments on how to advance EPCRS,” the acquirement action states.

Of agenda here, the Treasury Department and the IRS requested comments in Acquirement Action 2015-27 “on abeyant changes to EPCRS apropos to the advantage of overpayments.” The Treasury Department and the IRS accustomed and are reviewing acknowledging comments, and are in the action of developing added changes to adapt the EPCRS rules on the alteration of overpayments.

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In addition, the Treasury Department and the IRS accept accustomed comments apropos to accretion the Self Alteration Affairs and are in the action of reviewing the comments received. According to the new acquirement procedure, the Treasury Department and the IRS are because changes to the affairs based on those comments.

The abounding argument of Acquirement Action 2018-52 is accessible for download here. 

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