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IRB 2009-35

Table of Contents
(Dated August 31, 2009)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2009-35. Click on an entry to view the entry. Items shown under "Highlights of This Issue" open summaries of each IRB-referenced document only. Scroll to Parts I, II, etc. to view the full text versions of each IRB-referenced document. Use the "Keyword Search" option of TouchTax to search the full text of all Internal Revenue Bulletins, including this IRB.

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Highlights of This Issue

These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations.

SPECIAL ANNOUNCEMENT

This notice addresses technical issues relating to certain filers of Form TD F 90-22.1 (Report of Foreign Bank and Financial Accounts (FBAR)) and provides temporary relief to those filers while formal guidance is developed. Specifically, the notice extends the due date for filing an FBAR for one year until June 30, 2010, for U.S. persons having signature authority over, but no financial interest in, a foreign financial account and for U.S. persons with a financial interest in, or signature authority over, foreign commingled funds. The notice also requests comments on the FBAR filing requirements by October 6, 2009.

INCOME TAX

This notice clarifies the meaning of “disconnected youth” in Notice 2009-28, 2009-24 I.R.B. 1082. Notice 2009-28 clarified.

EMPLOYEE PLANS

Special rules governing eligible combined plans. The Treasury Department and the Service plan to issue guidance relating to eligible combined plans under section 414(x) of the Code. Section 414(x) was added by section 903(a) of the Pension Protection Act of 2006 (PPA '06) effective for plan years beginning after December 31, 2009, and amended by section 109(c) of the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA). An eligible combined plan provides a vehicle through which an employer can maintain both a defined contribution plan and a defined benefit plan on a combined basis, thus reducing the administrative burdens and costs of maintaining separate plans. This notice also requests comments on issues presented by section 414(x) with respect to eligible combined plans by October 15, 2009.

Modification of Revenue Procedure 2007-44. This procedure modifies Rev. Proc. 2007-44, 2007-2 C.B. 54, to provide that a remedial amendment cycle with respect to a governmental plan within the meaning of section 414(d) of the Code (“governmental plan”) will not end before the expiration of the 91st day after the close of the first legislative session beginning more than 120 days after a determination letter is issued for the plan, provided the application for the determination letter was timely submitted to the Service. This procedure also modifies Rev. Proc. 2007-44 to provide that the sponsor of an individually designed governmental plan elect Cycle E (instead of Cycle C) as the initial (EGTRRA) remedial amendment cycle for the plan. Rev. Proc. 2007-44 modified.

ADMINISTRATIVE

This notice addresses technical issues relating to certain filers of Form TD F 90-22.1 (Report of Foreign Bank and Financial Accounts (FBAR)) and provides temporary relief to those filers while formal guidance is developed. Specifically, the notice extends the due date for filing an FBAR for one year until June 30, 2010, for U.S. persons having signature authority over, but no financial interest in, a foreign financial account and for U.S. persons with a financial interest in, or signature authority over, foreign commingled funds. The notice also requests comments on the FBAR filing requirements by October 6, 2009.

This procedure provides specifications for filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, electronically. The procedure will be reproduced as the current revision of Publication 1187. Rev. Proc. 2008-44 superseded.



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