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Tax Treatment of Qualified Retirement Plan Payment of Accident or Health Insurance Premiums; Correction

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AGENCY:

Internal Revenue Service (IRS), Treasury.

ACTION:

Correcting amendment.

SUMMARY:

This document contains corrections to final regulations (TD 9665) that were published in the Federal Register on Monday, May 12, 2014 (79 FR 26838) clarifying the rules regarding the tax treatment of payments by qualified retirement plans for accident or health insurance. The final regulations set forth the general rule under section 402(a) that amounts held in a qualified plan that are used to pay accident or health insurance premiums are taxable distributions unless described in certain statutory exemptions. The final regulations do not extend this result to arrangements under which amounts are used to pay premiums for disability insurance that replaces retirement plan contributions in the event of a participant's disability. These regulations affect sponsors, administrators, participants, and beneficiaries of qualified retirement plans.

DATES:

This correction is effective on July 7, 2014, and is applicable May 12, 2014.

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FOR FURTHER INFORMATION CONTACT:

Michael P. Brewer or Lauson C. Green at (202) 317-6700 (not a toll-free number).

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SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the subject of this document are under section 402(a) of the Internal Revenue Code.

Need for Correction

As published, final regulations (TD 9665) contain errors that may prove to be misleading and are in need of clarification.

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List of Subjects in 26 CFR Part 1

  • Income taxes
  • Reporting and recordkeeping requirements
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Correction of Publication

Accordingly, 26 CFR part 1 is corrected by making the following correcting amendments:

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PART 1—INCOME TAXES

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Paragraph 1. The authority citation for part 1 continues to read in part as follows:

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Authority: 26 U.S.C. 7805 * * *

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Par. 2. In § 1.402(a)-1, the ninth sentence of paragraph (e)(6) Example 2. (i) is revised to read as follows:

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Taxability of beneficiary under a trust which meets the requirements of section 401(a).
* * * * *

(e) * * *

(6) * * *

Example 2.

(i) * * * During the period Participant Q is absent from employment due to disability, the insurer pays the trust the amount of the elective, matching, and non-elective employer profit-sharing contributions that would have been made to the trust with respect to Participant Q had Participant Q not been disabled. * * *

* * * * *
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Martin V. Franks,

Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).

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[FR Doc. 2014-14989 Filed 7-3-14; 8:45 am]

BILLING CODE 4830-01-P