[Federal Register Volume 84, Number 105 (Friday, May 31, 2019)]
[Notices]
[Pages 25336-25337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11376]


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DEPARTMENT OF THE TREASURY

Internal Revenue Service


Proposed Collection; Comment Request for Employee Plans 
Compliance Resolution System (EPCRS UPDATE OF REV. PROCS. 2018-52 and 
2016-51, Including Forms 8950, 8951, 14568, 14568-A Through I)

AGENCY: Internal Revenue Service (IRS), Treasury.

ACTION: Notice and request for comments.

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SUMMARY: The Internal Revenue Service (IRS), as part of its continuing 
effort to reduce paperwork and respondent burden, invites the general 
public and other Federal agencies to take this opportunity to comment 
on information collections, as required by the Paperwork Reduction Act 
of 1995. The IRS is soliciting comments concerning Employee Plans 
Compliance Resolution System (EPCRS UPDATE OF REV. PROCS. 2018-52 and 
2016-51, including Forms 8950, 8951, 14568, 14568-A through I).

DATES: Written comments should be received on or before July 30, 2019 
to be assured of consideration.

ADDRESSES: Direct all written comments to Laurie Brimmer, Internal 
Revenue Service, Room 6526, 1111 Constitution Avenue NW, Washington, DC 
20224.

FOR FURTHER INFORMATION CONTACT:  Requests for additional information 
or copies of this notice should be directed to Martha R. Brinson, at 
(202) 317-5753, or at Internal Revenue Service, Room 6526, 1111 
Constitution Avenue NW, Washington, DC 20224, or through the internet 
at [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Employee Plans Compliance Resolution System (EPCRS UPDATE OF 
REV. PROCS. 2018-52 and 2016-51, including Forms 8950, 8951, 14568, 
14568-A through I).
    OMB Number: 1545-1673.
    Abstract: This revenue procedure updates the Comprehensive system 
of correction programs for sponsors of retirement plans that are 
intended to satisfy the requirements of Sec. Sec.  401(a), 403(a), 
403(b), 408(k), or 408(p) of the Internal Revenue Code, but that have 
not met these requirements for a period of time. This system (http://www.irs.gov/Retirement-Plans/EPCRS-Overview), the Employee Plans 
Compliance Resolution System (EPCRS), permits Plan Sponsors to correct 
these failures and thereby continue to provide their employees with 
retirement benefits on a tax-favored basis. The components of EPCRS 
are:

    [cir] Self-Correction Program (SCP)--permits a plan sponsor to 
correct certain plan failures without contacting the IRS or paying 
any fee.
    [cir] Voluntary Correction Program (VCP)--permits a plan sponsor 
to, any time before audit, pay a fee and receive IRS approval for 
correction of plan failures.
    [cir] Audit Closing Agreement Program (Audit CAP)--permits a 
plan sponsor to pay a sanction and correct a plan failure while the 
plan is under audit.

    Current Actions: Rev. Proc. 2018-52, 2018-42 I.R.B. 611, which 
modified and superseded Rev. Proc. 2016-51, 2016-42 I.R.B. 465, the 
prior consolidated statement of the correction programs under EPCRS. 
Rev. Proc. 2018-52 provides that beginning January 1, 2019, Plan 
Sponsors may file a VCP submission with the IRS (including payment of 
applicable user fees) using the www.pay.gov website. On or after April 
1, 2019, Plan Sponsors are required to use the www.pay.gov website when 
filing a VCP submission and paying applicable user fees. To ease the 
transition to the new submission procedures, from January 1, 2019, 
through March 31, 2019, Plan Sponsors are permitted to continue to file 
paper VCP submissions with the IRS in accordance with the procedures in 
sections 10 and 11 of Rev. Proc. 2016-51. The IRS will not accept paper 
VCP submissions postmarked on or after April 1, 2019. In addition, 
beginning April 1, 2019, the IRS no longer will process user fees paid 
with a paper check.
    In order to provide new procedures for filing a VCP submission and 
paying applicable user fees on the www.pay.gov website, section 10 
includes several modifications. Section 10.01 is revised to set forth 
the requirements for satisfying the VCP procedures. In addition to 
satisfying the terms of a compliance statement, the Plan Sponsor must 
file the submission and pay the applicable user fee using the 
www.pay.gov website. Many of the procedures for filing the VCP 
submission are set forth in section 11. Although the Plan Sponsor is 
responsible for filing the VCP submission and paying the user fee using 
the www.pay.gov website, section 10.01 clarifies that a Plan Sponsor 
may designate an authorized representative to file the VCP submission 
if certain requirements are satisfied.
    Section 11 sets forth filing procedures for VCP submissions. These 
procedures have been modified to reflect electronic filing of VCP 
submissions and payment of applicable user fees using the www.pay.gov 
website. An electronic VCP submission filed using the www.pay.gov 
website must include many of the same materials as a VCP submission 
filed on paper pursuant to Rev. Proc. 2016-51.
    For a description of the modifications to Rev. Proc. 2016-51, see 
section 2 of Rev. Proc. 2018-52.
    Type of Review: Revision of a currently approved collection.
    Affected Public: Individuals and business or other for-profit 
organizations, not-for-profit institutions, and state, local or tribal 
governments.
    Estimated Number of Respondents: 14,300.
    Estimated Average Time per Respondent: 13 hours, 21 minutes.
    Estimated Total Annual Burden Hours: 190,941.
    The following paragraph applies to all of the collections of 
information covered by this notice:
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless the collection of 
information displays a valid OMB control number. 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.
    Request for Comments: Comments submitted in response to this notice 
will be summarized and/or included in the request for OMB approval. 
Comments will be of public record. Comments are invited on: (a) Whether 
the collection of information is necessary for the proper performance 
of the functions of the agency, including whether the information has 
practical utility; (b) the accuracy of the agency's estimate of the 
burden of the collection of information; (c) ways to enhance the 
quality, utility, and clarity of the information to be collected; (d) 
ways to minimize the burden of the collection of information on or 
other forms of information technology; and (e) estimates of capital or 
start-up costs and costs of operation, maintenance, and purchase of 
services to provide information.


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    Approved: May 28, 2019.
Laurie Brimmer,
Senior Tax Analyst.
[FR Doc. 2019-11376 Filed 5-30-19; 8:45 am]
BILLING CODE 4830-01-P