Two Important IRS Promulgations

Almost got missed in all of the economic upheaval: Notice 2008-82: Contains guidance regarding new Internal Revenue Code subsection 125(h) which provides that a plan or other arrangement does not fail to be a cafeteria plan or health FSA merely…

Almost got missed in all of the economic upheaval:

  • Notice 2008-82: Contains guidance regarding new Internal Revenue Code subsection 125(h) which provides that a plan or other arrangement does not fail to be a cafeteria plan or health FSA merely because the arrangement allows “qualified reservist distributions” (QRDs–A new benefits acronym) to an employee of all or a portion of the balance of the employee’s unused amounts in the health FSA.

  • Rev. Proc. 2008-61: The Service had previously provided in Rev. Proc. 2008-3 that it would not issue private letter rulings pertaining to nonqualified deferred compensation arrangements under Section 409A. It has decided to lift this ban as it pertains to certain estate and gift tax and FICA issues relating to such plans.

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