[Federal Register Volume 68, Number 97 (Tuesday, May 20, 2003)]
[Proposed Rules]
[Pages 27493-27497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12675]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[REG-157302-02]
RIN 1545-BB58


Deemed IRAs in Qualified Retirement Plans

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document contains proposed regulations that provide 
guidance regarding accounts or annuities added to qualified employer 
plans where such accounts or annuities are to be treated as individual 
retirement plans. These regulations reflect changes made to the law by 
the Economic Growth and Tax Relief Reconciliation Act of 2001 and by 
the Job Creation and Worker Assistance Act of 2002. These regulations 
will affect administrators of, participants in, and beneficiaries of 
qualified employer plans.

DATES: Written and electronic comments and requests for a public 
hearing must be received by August 18, 2003.

ADDRESSES: Send submissions to: CC:PA:RU (REG-157302-02) room 5226, 
Internal Revenue Service, POB 7604, Ben Franklin Station, Washington, 
DC 20044. Submissions may be hand-delivered Monday through Friday 
between the hours of 8 a.m. and 4 p.m. to: CC:PA:RU (REG-157302-02), 
Courier's Desk, Internal Revenue Service, 1111 Constitution Avenue, 
NW., Washington DC. Alternatively, taxpayers may submit comments 
electronically directly to the IRS Internet site at www.irs.gov/regs.

FOR FURTHER INFORMATION CONTACT: Concerning the regulations, Linda C. 
Phillips or Robert M. Walsh at (202) 622-6090; concerning submissions 
and delivery of comments, LaNita VanDyke (202) 622-7180 (not toll-free 
numbers).

SUPPLEMENTARY INFORMATION:

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
for review in accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)). Comments on the collection of information should be 
sent to the Office of Management and Budget, Attn: Desk Officer for the 
Department of the Treasury, Office of Information and Regulatory 
Affairs, Washington, DC 20503, with copies to the Internal Revenue 
Service, Attn: IRS Reports Clearance Officer, W:CAR:MP:T:T:SP, 
Washington, DC 20224. Comments on the collection of information should 
be received by July 21, 2003. Comments are specifically requested 
concerning:
    Whether the proposed collection of information is necessary for the 
proper performance of the functions of the IRS, including whether the 
information will have practical utility;
    The accuracy of the estimated burden associated with the proposed 
collection of information (see below);
    How the quality, utility, and clarity of the information to be 
collected may be enhanced;
    How the burden of complying with the proposed collection of 
information may be minimized, including through the application of 
automated collection techniques or other forms of information 
technology; and
    Estimates of capital or start-up costs and costs of operation, 
maintenance, and purchase of services to provide information.
    The collection of information in this proposed regulation is in 
Sec.  1.408(q)-1(f)(2). This collection of information is required by 
the IRS to ensure that the separate requirements of qualified employer 
plans and individual retirement plans are satisfied. The

[[Page 27494]]

collection of information is required to obtain a benefit. 
Specifically, this information is required for a taxpayer who wants to 
include individual retirement plans as part of its qualified employer 
plan.
    Estimated total annual reporting and/or recordkeeping burden: 
40,000 hours.
    Estimated average annual burden hours per respondent and/or 
recordkeeper: 50 hours.
    Estimated number of respondents and/or recordkeepers: 800.
    The estimated frequency of responses is on occasion.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by the Office of Management and Budget.
    Books or records relating to a collection of information must be 
retained as long as their contents may become material in the 
administration of any internal revenue law. Generally, tax returns and 
tax return information are confidential, as required by 26 U.S.C. 6103.

Background

    This document contains proposed amendments to the Income Tax 
Regulations (26 CFR part 1) under section 408(q) of the Internal 
Revenue Code (Code) relating to the addition of separate accounts and 
annuities to qualified employer plans. Section 408(q) was added to the 
Code by section 602 of the Economic Growth and Tax Relief 
Reconciliation Act of 2001 (EGTRRA), Public Law 107-16 (115 Stat.117) 
and amended by section 411 of the Job Creation and Worker Assistance 
Act of 2002 (JCWAA), Public Law 107-147 (116 Stat. 21).

Explanation of Provisions

    Section 408(q) provides that, if a qualified employer plan allows 
employees to make voluntary employee contributions to a separate 
account or annuity established under the plan and under the terms of 
the qualified employer plan such account or annuity meets the 
applicable requirements of section 408 or section 408A for an 
individual retirement account or annuity, then such account or annuity 
shall be treated for purposes of the Code in the same manner as an 
individual retirement plan rather than as a qualified employer plan. It 
further provides that contributions to such a ``deemed IRA'' shall be 
treated as contributions to the deemed IRA rather than to the qualified 
employer plan. Section 408(q) also expressly provides that the 
prohibition of commingling IRA assets with other property except in a 
common trust fund or common investment fund shall not apply to deemed 
IRAs. These proposed regulations define qualified employer plan and 
voluntary employee contribution as they are defined in section 408(q) 
of the Code.
    Rules regarding deemed IRAs are also provided in section 4(c) of 
the Employee Retirement Income Security Act of 1974, Public Law 93-406 
(88 Stat. 829) (ERISA), 29 U.S.C. 1003(c), as amended by Public Law 
107-147 (116 Stat. 21). Section 4(c) provides that if a pension plan 
allows an employee to make voluntary employee contributions to a deemed 
IRA under section 408(q) of the Code, then the deemed IRA shall not be 
treated as part of such plan (or as a separate pension plan) for 
purposes of any provision of title I of ERISA other than section 
403(c), 404, or 405 (relating to exclusive benefit, and fiduciary and 
co-fiduciary responsibilities). Section 4(c), as amended by JCWAA, 
further provides that the enforcement and administration rules of part 
5 of subtitle B of title I of ERISA apply to deemed IRAs and that the 
applicable ERISA provisions shall apply to deemed IRAs in a manner 
similar to their application to a simplified employee pension (SEP) 
under Code section 408(k). Because title I of ERISA is within the 
jurisdiction of the Department of Labor, these regulations do not 
address the application of title I to deemed IRAs. Also, these 
regulations do not address the application of Code section 4975 to 
deemed IRAs. Section 102 of Reorganization Plan No. 4 of 1978 provides 
that the authority to interpret section 4975 has been transferred to 
the Department of Labor.
    In general, these proposed regulations provide that a qualified 
employer plan and a deemed IRA are to be treated as separate entities 
under the Code and that each entity is subject to the rules generally 
applicable to that entity for purposes of the Code. Thus, a qualified 
employer plan (excluding the deemed IRA portion of the plan), whether 
it is a plan under section 401(a) (including defined benefit plans), 
403(a), or 403(b), or a governmental plan under section 457(b), is 
subject to the rules applicable to that type of plan rather than to the 
rules applicable to IRAs under section 408 or 408A. Similarly, the 
deemed IRA portion of the qualified employer plan is generally subject 
to the rules applicable to traditional and Roth IRAs under sections 408 
and 408A, respectively, and not to the rules applicable to plans under 
section 401(a), 403(a), 403(b), or 457.
    Accordingly, these proposed regulations provide that issues 
regarding eligibility, participation, disclosure, nondiscrimination, 
contributions, distributions, investments, and plan administration are 
generally to be resolved under the separate rules (if any) applicable 
to each entity. In addition, these regulations specifically address 
several issues regarding the separate applicability of plan and IRA 
rules. For example, these proposed regulations provide that the 
availability of a deemed IRA is not a benefit, right or feature of the 
qualified employer plan under Sec.  1.401(a)(4)-4. Thus, the 
availability of a deemed IRA is not subject to Sec.  1.401(a)(4)-
1(b)(3) which requires that benefits, rights, and features be available 
in a plan in a nondiscriminatory manner.
    Similarly, these proposed regulations provide that the rules 
applicable to deemed IRAs with respect to the trusteeship of the IRA 
and deductibility of IRA contributions are the rules applicable to 
traditional IRAs and Roth IRAs under the Code. Thus, for example, 
taxpayers with compensation in excess of the limits imposed by sections 
219 and 408A may either not be able to make contributions to deemed 
IRAs or the deductibility of such contributions may be limited. For 
deemed IRAs that are traditional IRAs, as with other traditional IRAs, 
the employee must make a determination as to whether a particular 
contribution is deductible and make the proper entries on his or her 
tax return. Pursuant to section 219(f)(3), a contribution made on 
account of the preceding taxable year will be treated as made on the 
last day of such taxable year if the contribution is actually made to 
the IRA not later than the time prescribed by law for filing the return 
for such taxable year (not including extensions). However, section 
219(f)(5), regarding the taxable year in which amounts paid by an 
employer to an individual retirement plan are includible in the 
employee's income, is not applicable to deemed IRAs. Thus, amounts 
withheld from an employee's compensation and contributed to a deemed 
IRA, and which are treated as made on the last day of the preceding 
taxable year pursuant to section 219(f)(3), shall be includible in 
income in the year in which they are withheld rather than in the 
preceding taxable year.
    The proposed regulations also provide that the minimum distribution 
rules of section 401(a)(9) of the Code must be met separately with 
respect to the qualified employer plan and the deemed IRA. The 
determination of whether a qualified employer plan satisfies the

[[Page 27495]]

required minimum distribution rules is made without regard to whether a 
participant satisfies the required minimum distribution rules with 
respect to the deemed IRA.
    Although section 408(a) provides that an individual retirement 
account is a trust, these regulations do not require that a separate 
trust be created for each deemed IRA that is an individual retirement 
account. Rather, the regulations provide that all such deemed IRAs may 
be held in a single trust as long as that trust is separate from the 
trust that holds the other assets of the plan. Where a single trust is 
created for the deemed IRAs, the regulations also provide that there 
must be separate accounting for each deemed IRA and each deemed IRA 
must satisfy all of the requirements of section 408(a) (except the 
prohibition of commingling under paragraph (a)(5) of that section). 
These proposed regulations also provide a comparable rule for deemed 
IRAs that are individual retirement annuities.
    These regulations provide three exceptions to the general rule that 
the qualified employer plan and the deemed IRA are separate entities 
subject to their separate rules for purposes of the Code. First, the 
regulations state that the qualified employer plan document must 
contain the deemed IRA provisions. In general, the plan document must 
provide for a deemed IRA and a deemed IRA must be in effect at the time 
the deemed IRA contributions are accepted. However, plan sponsors who 
want to provide deemed IRAs for plan years beginning in 2003 are not 
required to have such provisions in their plan document before the end 
of such plan years. See Revenue Procedure 2003-13 (2003-4 I.R.B. 317).
    Second, pursuant to section 408(q)(1), the prohibition of section 
408(a)(5) on the commingling of IRA assets with other property except 
in a common trust fund or a common investment fund is not applicable to 
the assets of a deemed IRA. Thus, the assets of the deemed IRA may be 
commingled for investment purposes with the assets of the other portion 
of the plan. Where the assets are commingled, the regulations require 
that separate accounts be maintained and that gains and losses must be 
allocated to these separate accounts. For example, if a deemed IRA is 
established under a defined contribution plan that is qualified under 
section 401(a) and the assets of the plan and the deemed IRA are 
commingled for investment purposes, then any gains or losses from the 
investment of the commingled assets of an employee must be allocated to 
the separate accounts of the employee under the deemed IRA and the 
plan.
    Third, these proposed regulations provide that the failure of any 
of the deemed IRAs maintained by the plan to satisfy the applicable 
requirements of section 408 or 408A will cause the plan as a whole to 
fail to satisfy the plan's qualification requirements. Section 408(q) 
states that if a qualified employer plan elects to allow voluntary 
employee contributions to a separate account or annuity and that 
separate account or annuity meets the applicable requirements of 
section 408 or section 408A, then the account or annuity will be 
treated as an individual retirement plan rather than as a qualified 
employer plan. Section 408(q) applies only if the deemed IRAs 
maintained by the plan meet the requirements of section 408 or section 
408A. If any of the deemed IRAs do not meet the applicable 
requirements, then section 408(q) does not apply, and the qualified 
employer plan will fail to satisfy its qualification requirements.
    These proposed regulations provide a different rule where the 
portion of the plan that is not a deemed IRA fails to satisfy the 
qualification requirements of section 401(a). In that case, the deemed 
IRA is not a deemed IRA because section 408(q) does not apply where the 
plan is not a qualified employer plan. The regulations provide, 
however, that although the account or annuity that was intended to be a 
deemed IRA is not a deemed IRA, it may still be treated as a 
traditional or a Roth IRA if it satisfies the applicable requirements 
of section 408 or 408A (including the prohibition of commingling under 
paragraph (a)(5) of section 408).
    If, as discussed above, a qualified employer plan or a deemed IRA 
fails to satisfy the applicable qualification requirements, it may 
nevertheless be treated as satisfying those requirements if the 
Employee Plans Compliance Resolution System (EPCRS), Rev. Proc. 2002-47 
(2002-29 I.R.B. 133), or other administrative practice is used to 
correct the qualification failures. In this regard, the IRS intends 
that when Rev. Proc. 2002-47 is updated, it will include provisions 
permitting submissions for deemed IRAs.
    These regulations also provide that a deemed IRA may be either a 
traditional IRA under section 408 or a Roth IRA under section 408A. 
However, because contributions to deemed IRAs are limited to employee 
contributions, while SIMPLE IRAs under section 408(p) and SEPs under 
section 408(k) may only receive employer contributions, the regulations 
provide that SIMPLE IRAs and SEPs may not be used as deemed IRAs.
    As noted above, these regulations provide a general principle that 
a qualified employer plan and the deemed IRA feature are generally 
treated as separate entities under the Code and each is subject to the 
rules applicable to that entity. This principle can be applied to 
address a variety of issues which might arise with respect to deemed 
IRAs and, as a result, the regulations do not contain specific 
provisions addressing these issues. For example, as noted in 
Announcement 99-2 (1999-1 C.B. 305), employers may permit employees to 
contribute to traditional or Roth IRAs by direct deposits through 
payroll deduction. In addition, employees making direct deposits to 
traditional IRAs of deductible contributions may be able to adjust 
their Federal income tax withholding to receive a more immediate tax 
benefit from their contributions. Because the IRA rules apply to deemed 
IRAs as they would to traditional and Roth IRAs, the provisions of 
Announcement 99-2 apply to deemed IRAs.
    Similarly, these regulations expressly provide that the rules 
applicable to rollovers and transfers to and from IRAs also apply to 
rollovers and transfers to and from deemed IRAs, but the regulations do 
not address all of the aspects of such rollovers or transfers. For 
example, because section 408(c)(3) permits the surviving spouse of an 
IRA owner to treat the IRA as his or her own, the same rules apply to 
deemed IRAs although not expressly stated in these regulations. Thus, 
in accordance with section 408(c)(3), a qualified employer plan may 
permit a surviving spouse to treat a decedent's deemed IRA as his or 
her own. However, the surviving spouse, as a non-employee, may not make 
voluntary employee contributions to that deemed IRA.
    Also, because the qualified employer plan and the deemed IRA are 
generally treated as separate entities, the early distribution rules of 
section 72(t) are applied separately to the two entities. Thus, a 
determination as to whether a distribution is a part of a series of 
substantially equal periodic payments under section 72(t)(2)(iv) will 
be determined separately for the qualified employer plan and for the 
deemed IRA.

Proposed Effective Date

    The regulations are proposed to apply beginning on or after August 
1, 2003. Taxpayers may rely upon these proposed regulations for 
guidance pending the issuance of final regulations. If, and to the 
extent, future guidance is more restrictive than the guidance in these 
proposed regulations,

[[Page 27496]]

the future guidance will be applied without retroactive effect.

Special Analyses

    It has been determined that this notice of proposed rulemaking is 
not a significant regulatory action as defined in Executive Order 
12866. Therefore, a regulatory assessment is not required. It has also 
been determined that section 553(b) of the Administrative Procedure Act 
(5 U.S.C. chapter 5) does not apply to these regulations. It is hereby 
certified that the collection of information in these regulations will 
not have a significant economic impact on a substantial number of small 
entities. The collection of information in the regulations is in Sec.  
1.408(q)-1(f)(2) and consists of the requirement that deemed IRAs must 
be held in trusts or annuity contracts separate from the trust or 
annuity contract of the qualified employer plan. This certification is 
based on the fact that the cost of maintaining these separate trusts 
and annuity contracts is small, particularly for small entities. 
Therefore, a Regulatory Flexibility Analysis under the Regulatory 
Flexibility Act (5 U.S.C. chapter 6) is not required. Pursuant to 
section 7805(f) of the Code, this notice of proposed rulemaking will be 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration for comment on its impact on small business.

Drafting Information

    The principal authors of these regulations are Robert M. Walsh and 
Linda C. Phillips, Office of Division Counsel/Associate Chief Counsel 
(Tax Exempt and Government Entities). However, other personnel from the 
IRS and Treasury participated in the development of these regulations.

List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

Proposed Amendments to the Regulations

    Accordingly, 26 CFR part 1 is proposed to be amended as follows:

PART 1--INCOME TAXES

    Paragraph 1. The authority citation for part 1 is amended by adding 
an entry in numerical order to read in part as follows:

    Authority: 26 U.S.C. 7805 * * *
    Sec.  1.408(q)-1 also issued under 26 U.S.C. 408(q). * * *

    Par. 2. Section 1.408(q)-1 is added to read as follows:


Sec.  1.408(q)-1  Deemed IRAs in qualified employer plans.

    (a) In general. Under section 408(q) a qualified employer plan may 
permit employees to make voluntary employee contributions to a separate 
account or annuity established under the plan. If the requirements of 
section 408(q) and this section are met, such account or annuity is 
treated in the same manner as an individual retirement plan under 
section 408 or section 408A (and contributions to such an account or 
annuity are treated as contributions to an individual retirement plan 
and not to the qualified employer plan). The account or annuity is 
referred to as a deemed IRA.
    (b) Types of IRAs. If the account or annuity meets the requirements 
applicable to traditional IRAs under section 408, the account or 
annuity is deemed to be a traditional IRA, and if the account or 
annuity meets the requirements applicable to Roth IRAs under section 
408A, the account or annuity is deemed to be a Roth IRA. Simplified 
employee pensions (SEPs) under section 408(k) and SIMPLE IRAs under 
section 408(p) may not be used as deemed IRAs.
    (c) Separate entities. Except as provided in paragraph (d) and (g) 
of this section, the qualified employer plan and the deemed IRA are 
treated as separate entities under the Internal Revenue Code and are 
subject to the separate rules applicable to qualified employer plans 
and IRAs, respectively. Issues regarding eligibility, participation, 
disclosure, nondiscrimination, contributions, distributions, 
investments, and plan administration are generally to be resolved under 
the separate rules (if any) applicable to each entity under the 
Internal Revenue Code.
    (d) Exceptions. The following exceptions to treatment of a deemed 
IRA and the qualified employer plan as separate entities apply:
    (1) The plan document of the qualified employer plan must contain 
the deemed IRA provisions and a deemed IRA must be in effect at the 
time the deemed IRA contributions are accepted. Notwithstanding the 
preceding sentence, employers that want to provide for deemed IRAs for 
plan years beginning before January 1, 2004 (but after December 31, 
2002), are not required to have such provisions in their plan documents 
before the end of such plan years.
    (2) The requirements of section 408(a)(5) regarding commingling of 
assets do not apply to deemed IRAs. Accordingly, the assets of a deemed 
IRA may be commingled for investment purposes with those of the 
qualified employer plan. However, the restrictions on the commingling 
of plan and IRA assets with non-plan assets apply to the assets of the 
qualified employer plan and the deemed IRA,
    (e) Application of distribution rules. (1) Rules applicable to 
distributions from qualified employer plans under the Internal Revenue 
Code and regulations do not apply to distributions from deemed IRAs. 
Instead, the rules applicable to distributions from IRAs apply to 
distributions from deemed IRAs. Also, any restrictions that a trustee, 
custodian or insurance company is permitted to impose on distributions 
from traditional and Roth IRAs may be imposed on distributions from 
deemed IRAs (for example, early withdrawal penalties on annuities).
    (2) The required minimum distribution rules of section 401(a)(9) 
must be met separately with respect to the qualified employer plan and 
the deemed IRA. The determination of whether a qualified employer plan 
satisfies the required minimum distribution rules of section 401(a)(9) 
is made without regard to whether a participant satisfies the required 
minimum distribution requirements with respect to the deemed IRA that 
is established under such plan.
    (f) Additional rules.--(1) Trustee. The trustee or custodian of an 
individual retirement account must be a bank, as required by section 
408(a)(2), or, if the trustee is not a bank, as defined in section 
408(n), the trustee must be an entity that receives approval from the 
Internal Revenue Service to serve as a nonbank trustee or nonbank 
custodian pursuant to Sec.  1.408-2(e) of the regulations.
    (2) Separate trusts and annuity contracts. (i) Deemed IRAs that are 
individual retirement accounts may be held in a single trust (rather 
than in separate, individual trusts), provided the trust would qualify 
as a single plan within the meaning of Sec.  1.414(l)-1(b). See also 
Sec.  1.410(b)-7(a) and (b). However, any trust holding deemed IRA 
assets must be separate from the trust holding the other assets of the 
qualified employer plan. A deemed IRA trust must be created or 
organized in the United States for the exclusive benefit of the 
participants. In addition, the written governing instrument creating 
the trust must satisfy the requirements of paragraphs (1), (2), (3), 
(4), and (6) of section 408(a), and there must be separate accounting 
for the interest of each participant.
    (ii) Deemed IRAs that are individual retirement annuities may be 
held under a single annuity contract or under separate annuity 
contracts. However,

[[Page 27497]]

any such contract must be separate from any annuity contract or 
contracts for the qualified employer plan. In addition, such contract 
must satisfy the requirements of section 408(b) and there must be 
separate accounting for the interest of each participant.
    (3) Deductibility. The deductibility of voluntary employee 
contributions to a deemed traditional IRA is determined in the same 
manner as if it were made to any other traditional IRA. Thus, for 
example, taxpayers with compensation that exceeds the limits imposed by 
section 219(g) may not be able to make contributions to deemed IRAs, or 
the deductibility of such contributions may be limited in accordance 
with sections 408(a) and 219(g). However, section 219(f)(5), regarding 
the taxable year in which amounts paid by an employer to an individual 
retirement plan are includible in the employee's income, is not 
applicable to deemed IRAs.
    (4) Rollovers and transfers. The same rules apply to rollovers and 
transfers to and from deemed IRAs as apply to rollovers and transfers 
to and from other IRAs. Thus, for example, an employee may request and 
receive a distribution of his or her deemed IRA account balance and may 
roll it over to an eligible retirement plan in accordance with section 
408(d)(3), regardless of whether that employee may receive a 
distribution of any other plan benefits.
    (5) Nondiscrimination. The availability of a deemed IRA is not a 
benefit, right or feature of the qualified employer plan under Sec.  
1.401(a)(4)-4 of the regulations.
    (g) Disqualifying defects. If the qualified employer plan fails to 
satisfy its qualification requirements, either in form or in operation, 
section 408(q) does not apply. Accordingly, any account or annuity 
maintained under the plan as a deemed IRA is not a deemed IRA, and its 
status as an IRA will be determined by considering whether the account 
or annuity satisfies the applicable requirements of section 408 and 
408A (including the prohibition of commingling under paragraph (a)(5) 
of section 408). Also, if any of the deemed IRAs fail to satisfy the 
applicable requirements of section 408 or 408A, section 408(q) does not 
apply and the plan will fail to satisfy the plan's qualification 
requirements.
    (h) Definitions. The following definitions apply for purposes of 
this section:
    (1) Qualified employer plan. A qualified employer plan is a plan 
described in section 401(a), an annuity plan described in section 
403(a), a section 403(b) plan, or a governmental plan under section 
457(b).
    (2) Voluntary employee contribution. A voluntary employee 
contribution is any contribution (other than a mandatory contribution 
within the meaning of section 411(c)(2)(C)) which is made by an 
individual as an employee under a qualified employer plan that allows 
employees to elect to make contributions to deemed IRAs and with 
respect to which the individual has designated the contribution as a 
contribution to which section 408(q) applies.
    (i) Effective date. These regulations are applicable beginning on 
or after August 1, 2003.

David A. Mader,
Assistant Deputy Commissioner of Internal Revenue.
[FR Doc. 03-12675 Filed 5-19-03; 8:45 am]
BILLING CODE 4830-01-P