IRS

The IRS has issued a notice and request for comments related to Form 5558, Application for Extension of Time to File Certain Employee Plan Returns. Form 5558 is a multiple use form for filers to request an extension of time to file

• Form 5500, Annual Return/Report of Employee Benefit Plan series returns,
• Form 8955-SSA, Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits, and
• Form 5330, Return of Excise Taxes Related to Employee Benefit Plans.

The IRS intends to revise Form 5558 to remove items related to the extension of time to file Form 5330 so that the DOL will be able to electronically collect the form using the EFAST2 system. Tax due for Form 5330 filers currently must be paid with Form 5558 at the time of application for extension, and the DOL EFAST2 system will not collect such IRS tax payments. The IRS further indicates that Form 8868 will be revised to allow extensions for Form 5330 and payment of excise tax due.

Comments are invited on the necessity and utility of the collection of information; accuracy of the agency’s estimate of burden including ways to minimize burden; suggestions for improving the quality, utility, and clarity of the information collected; and cost estimates of implementing the collection. Comments should be submitted on or before December 5, 2022.

The IRS has announced the postponement of certain tax-related deadlines for victims of Hurricane Ian in North Carolina. The tax relief postpones various tax filing deadlines that began on September 28, 2022. Affected individuals and households who reside or have a business anywhere in the state of North Carolina, as well as taxpayers with records located in the covered area that are needed to meet covered deadlines, qualify for relief.

In addition to extending certain tax filing and tax payment deadlines, the relief includes completion of many time-sensitive, tax-related acts described in IRS Revenue Procedure 2018-58 and Treasury Regulation 301.7508A-1(c)(1). Affected taxpayers with a covered deadline on or after September 28, 2022, and before February 15, 2023, will have until February 15, 2023, to complete the acts. This includes filing Form 5500 series returns that are required to be filed on or after September 28, 2022, and before February 15, 2023.

“Affected taxpayer” automatically includes any individuals who live, and businesses whose principal place of business is located, in the covered disaster area. Those who reside or have a business located outside the covered disaster area, but have been affected by the disaster, may contact the IRS to request relief.

The Federal Emergency Management Agency (FEMA) has issued a disaster declaration for North Carolina Hurricane Ian, beginning September 28, 2022.

Employers with qualified retirement plans may allow participants to take hardship distributions if 1) they have incurred expenses and losses because of a FEMA-declared disaster, and 2) their principal residence or place of employment at the time of the disaster is located in an area designated by FEMA as eligible for individual disaster assistance.

If the employer permits hardship distributions for expenses and losses related to a federally declared disaster, participants can check fema.gov/locations to determine if they are located in a disaster area designated for individual assistance.

The IRS may also issue relief related to this disaster for certain tax-related deadlines. Additional information can be found at irs.gov/newsroom/tax-relief-in-disaster-situations and will be announced here if such relief is granted.

The IRS has issued a proposed rule to increase the renewal fee for Enrolled Actuaries from $250 to $680. The current user fee was set in 2007. Enrollment is for a three-year term, and individuals granted enrollment or renewal as an enrolled actuary may perform actuarial services under ERISA and practice before the IRS as provided in Circular 230.

Public comments will be accepted until December 5, 2022. A public hearing has been scheduled for December 16, 2022, at 10 a.m. ET. The proposed increase would become effective 30 days after publication of a final rule in the federal register.

The IRS has posted a draft Form 8915-F, Qualified Disaster Retirement Plan Distributions and Repayments as of September 30, 2022. This form is to be used to report taxation and repayment of certain amounts withdrawn from IRAs and employer-sponsored retirement plans by victims of specified natural disaster events for 2020 and later for which special tax relief has been provided.

Qualified distributions identified on this form are exempt from the 10 percent early distribution penalty tax, may be taxed ratably over three years, and have a three-year window for repayment period.

The IRS has posted draft versions of Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc., and Form 5498, IRA Contribution Information for tax year 2023. Form 1099-R is filed by financial organizations and service providers to report distributions from tax-qualified retirement savings arrangements to account holders and the IRS. Form 5498 is used to report IRA-related information, including contributions to IRAs, SEP plans, and SIMPLE IRA plans; end-of-year fair market values; rollovers; conversions; recharacterizations; etc.

The IRS has announced the postponement of certain tax-related deadlines for victims of Hurricane Ian in Florida. The tax relief postpones various tax filing deadlines that began on September 23, 2022. Affected individuals and households who reside or have a business anywhere in the state of Florida, as well as taxpayers with records located in the covered area that are needed to meet covered deadlines, qualify for relief.

The Federal Emergency Management Agency (FEMA) has issued a disaster declaration for South Carolina Hurricane Ian, beginning September 25, 2022.

The IRS has announced the postponement of certain tax-related deadlines for victims of severe storm, flooding, and landslides in Alaska. The tax relief postpones various tax filing deadlines that began on September 15, 2022.

The IRS has posted Form 4972, Tax on Lump-Sum Distributions, for tax year 2022. The form is used to take advantage of special grandfathered taxation options for certain individuals who were born on or before January 1, 1936.