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Start Preamble
AGENCY:
Internal Revenue Service (IRS), Treasury.
ACTION:
Correcting amendments.
SUMMARY:
This document contains corrections to final regulations (TD 9319) that were published in the Federal Register on Thursday, April 5, 2007 (72 FR 16878) regarding the limitations of section 415, including updates to the regulations for numerous statutory changes since comprehensive final regulations were last published under section 415.
DATES:
These correcting amendments are effective May 23, 2007.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
Vernon S. Carter at (202) 622-6060 or Linda S. F. Marshall at (202) 622-6090 (not toll-free numbers).
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of this document are under sections 401(a), 401(a)(4), 401(a)(9), 401(k), 402, 414(s), 415, 416, 457, and 924 of the Internal Revenue Code.
Need for Correction
As published, final regulations (TD 9319) contain errors that may prove to be misleading and are in need of clarification.
Start List of SubjectsList of Subjects in 26 CFR Part 1
- Income taxes
- Reporting and recordkeeping requirements
Correction of Publication
Start Amendment PartAccordingly, 26 CFR part 1 is corrected by making the following correcting amendments:
End Amendment Part Start PartPART 1—INCOME TAXES
End Part Start Amendment PartParagraph 1. The authority citation for part 1 continues to read as follows:
End Amendment Part Start Amendment PartPar. 2. Section 1.415(b)-1 is amended by revising paragraph (c)(5)(i)(A), and the second sentence of paragraph (c)(6) Example 6, paragraph (iv). The revisions read as follows:
End Amendment PartLimitations for defined benefit plans.* * * * *(c) * * *
(5) * * *
(i) * * *
(A) The benefit is paid in a form to which section 417(e)(3) does not apply.
* * * * *(6) * * *
Example 6.
* * *
(iv) * * * With respect to the single-sum distribution, the annual amount of the actuarially equivalent straight life annuity commencing at the same age determined using the plan's actuarial factors is equal to $45,000. * * *
* * * * *Par. 3. Section 1.415(d)-1 is amended by revising its heading to read as follows:
End Amendment Part Start Amendment PartPar. 4. Section 1.415(f)-1 is amended by revising the last sentence of paragraph (d)(1) to read as follows:
End Amendment PartAggregating plans.* * * * *(d) * * *
(1) * * * Instead, the transferee plan takes into account the transferred benefits that are actually provided under the transferee plan (see § 1.415(b)-1(b)(3)(i)(C)) and, pursuant to paragraph (c)(1) of this section, any nontransferred benefits provided under plans maintained by the predecessor employer with respect to a participant whose benefits have been transferred to the transferee plan.
* * * * *Par. 5. Section 1.457-5(d), Example 2, paragraphs (ii) and (iii) are amended by revising the third sentence of (ii) and all of (iii) to read as follows:
End Amendment PartIndividual limitation for combined annual deferrals under multiple eligible plans.* * * * *(d) * * *
Example 2.
* * *
(ii) * * * Alternatively, Participant E could instead elect to defer the following combination of amounts: An aggregate total of $15,000 to Plans X, Y, and Z, if no contribution is made to Plan W; an aggregate total of $20,000 to any of the four plans, assuming at least $5,000 is contributed to Plan W; or $22,000 to Plan W and none to any of the other three plans.
(iii) * * * If the underutilized amount under Plans W, X, and Y for year 2006 were in each case zero (because E had always contributed the maximum amount or E was a new participant) or an amount not in excess of $5,000, the maximum exclusion under this section would be $20,000 for Participant E for year 2006 ($15,000 plus the $5,000 age 50 catch-up amount), which Participant E could contribute to any of the plans assuming at least $5,000 is contributed to Plan W.
LaNita Van Dyke,
Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
[FR Doc. E7-9877 Filed 5-22-07; 8:45 am]
BILLING CODE 4830-01-P
Document Information
- Effective Date:
- 5/23/2007
- Published:
- 05/23/2007
- Department:
- Internal Revenue Service
- Entry Type:
- Rule
- Action:
- Correcting amendments.
- Document Number:
- E7-9877
- Dates:
- These correcting amendments are effective May 23, 2007.
- Pages:
- 28854-28854 (1 pages)
- Docket Numbers:
- TD 9319
- RINs:
- 1545-BD52
- Topics:
- Income taxes, Reporting and recordkeeping requirements
- PDF File:
- e7-9877.pdf
- CFR: (4)
- 26 CFR 1.415(b)-1
- 26 CFR 1.415(d)-1
- 26 CFR 1.415(f)-1
- 26 CFR 1.457-5