On December 2, 2019, the IRS announced a new pair of addresses to be used for various employee plans submissions, including applications for determination letters for individually designed retirement plans, which includes 401(k) plans.
This actually marks the second time in the past several months that the IRS has changed the address for these types of submissions – the last time being on September 12, 2019. Please see our previous blog for more information.
The new addresses are effective immediately.
New Addresses: Once again, separate addresses are provided for regular mail and for special delivery services. The new address to be used for regular mail is:
Internal Revenue Service
P.O. Box 12192
TE/GE Stop 31A Team 105
Covington, KY 41012-0192
The new address to be used for private delivery services is:
Internal Revenue Service
7940 Kentucky Drive
TE/GE Stop 31A Team 105
Florence, KY 41042
Which Submissions Are Affected? Some examples of submissions applicable to 401(k) plans that must use the new addresses, above, include:
- Determination letter applications on IRS Form 5300 for individually designed retirement plans (including 401(k) plans);
- Applications on Form 5307 by adopters of certain modified pre-approved 401(k) plans;
- Applications on Form 5310 for determinations of qualification upon plan termination; and
- Letter ruling requests made under Revenue Procedure 2019-4.
Confused Yet? Fortunately, the IRS acknowledges that the serial address changes could result in some submissions being exiled in transit, helpfully stating that recent applicants who used other addresses will be notified that their applications were forwarded and received by the IRS by means of an acknowledgment notice.
OBSERVATION: It is unclear as to what happens if a submission is sent to an old address and the submitting party does not subsequently receive the acknowledgment notice within a reasonable time. In such an unfortunate case, the submitting party would be well advised to resubmit to the current (correct) address.
IRS Determination Letter Program. For more details about the current version of the IRS determination letter program, which was significantly revised in January 2017, please click here.
The information and content contained in this blog post are for general informational purposes only, and does not, and is not intended to, constitute legal advice. As always, for specific questions concerning IRS determination letter requests or other aspects of your 401(k) retirement plan, please consult your own ERISA attorney or advisor.