Internal Revenue Service Department of the Treasury Washington, DC 20224 Number: 202053002 Release Date: 12/31/2020 Index Number: 412.06-00
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In Re: ---------------------------------------------------- ------------------------------------------------------------ ------------------------------------------------------------ -------------- -
Third Party Communication: None Date of Communication: Not Applicable Person To Contact: ----------------- , ID No. ----------------- Telephone Number: -------------------- Refer Reply To: CC:EEE:EB:QP1 PLR - 108419-20 Date: October 01, 2020
Taxpayer = -------------- ------------------------------------------------------- Plan = ------------------------------------------------------------------------------- --------------- ----------------------------
Dear ------------------- :
This letter constitutes notice that the waiver of the minimum funding standard for Plan for the plan year ending December 31, ------- (Plan Year) is approved subject to the conditions listed below. This waiver is for the remaining unpaid minimum required contribution for the Plan Year; all waiver amortization payments attributable to this waiver and all outstanding waivers must be paid as stated in § 412(c)(1)(C) of the Internal Revenue Code (the Code). Accordingly, Taxpayer must timely satisfy payment of the amortized portion of the waiver for the -------- plan year, as this is a condition of the waiver for the ------- plan year that was pre viously granted.
This waiver is conditioned on Taxpayer’s satisfaction of all of the following conditions, and the failure to satisfy any of these conditions renders this waiver retroactively null and void as of the date the waiver is granted.
1. Collat eral acceptable to the ------------------------------------------------------------------ is provided to Plan for the full amount of the minimum funding waiver for the ------- plan year within 120 days from the date of the IRS ruling letter granting the waiver;
2. Starting with the quarterly contributions originally due on April 15, 2020, July 15, 2020, and October 15, 2020 that are now due on January 1, 2021 pursuant to
PLR - 108419-20
2 § 3608(a) of the CARES Act, Taxpayer makes timely contributions equal to the required quarterly contributions to Plan while a waiver under § 412(c) of the Code is in effect with respect to Plan. For this purpose, the total amount of each quarterly contribution will be determined in accordance with § 430(j)(3)(D) and § 430(j)(3)(E) of the Code;
3. Under § 412(c)(7), Taxpayer is restricted from amending Plan to increase benefits and/or Plan liabilities while a waiver under § 412(c) is in effect with respect to the Plan, except to any extent otherwise permitted under § 412(c)(7)(B), in which case Tax payer must copy PBGC on any correspondence with the Internal Revenue Service (IRS) regarding notification of or application for such an exception;
4. Taxpayer makes timely contributions to Plan in an amount sufficient to meet the minimum funding requirem ents for Plan for the plan years ending December 31, - ------- , through December 31, ------- , by September 15, ------- through September 15, ------- , respectively;
5. Taxpayer provides proof of payment of all contributions described above to IRS and --------- within (5) bus iness days of each payment thereof, using the following fax numbers or addresses:
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This waiver is granted in accordance with § 412(c) of the Code and § 302 of the Employee Retirement Income Security Act of 1974 (ERISA).
Section 412(c)(1) of the Code provides generally that if an employer is unable to satisfy the minimum funding standard for a plan year without temporary substantial business hardship and application of the standard would be adverse to the interests of plan partici pants in the aggregate, the minimum funding standard requirements may be waived for the year with respect to all or any portion of the minimum funding standard.
PLR - 108419-20
3 Section 412(c)(2) provides that the factors taken into account in determining a temporary subs tantial business hardship include whether the employer is operating at an economic loss, whether there is substantial unemployment or underemployment in the trade or business and in the industry concerned, whether the sales and profits of the industry conc erned are depressed or declining, and whether it is reasonable to expect that the plan will be continued only if the waiver is granted.
Taxpayer has been suffering from a temporary substantial business hardship due to issues arising from certain projects it was involved in, as well as the effects from the COVID - 19 pandemic, both of which significantly affected its liquidity and profitability. Taxpayer has implemented a series of actions to facilitate its long term improvement, and its financial projection s illustrate that its cash flows will improve adequately to satisfy the Plan’s funding obligation in the near future.
Based on the facts as represented by Taxpayer, the legal standard for a “temporary substantial business hardship” pursuant to § 412(c) ha s been met.
Section 412(c)(7) of the Code and § 302(c)(7) of ERISA describe the consequences that result in the event the Plan is amended to increase benefits, change the accrual of benefits, or change the rate of vesting, while any portion of the waived funding deficiency remains unamortized. Any amendment to a profit sharing plan or any other retirement plan (covering employees covered by Plan) maintained by Taxpayer, to increase (or any action by Taxpayer or its authorized agents or designees, such as a Board of Directors or Board of Trustees, that has the effect of increasing) the liabilities of the plan is considered an amendment for purposes of § 412(c) of the Code and § 302(c)(7) of ERISA. Similarly, the establishment of a new profit-sharing plan o r any other retirement plan by Taxpayer (covering employees covered by the Plan) is considered an amendment for purposes of § 412(c)(7) of the Code and § 302(c)(7) of ERISA.
The ruling contained in this letter is based upon information and representations submitted by Taxpayer and accompanied by a penalty of perjury statement executed by an appropriate party, as specified in Rev. Proc. 2020-1, § 7.01(16)(b). T his office has n ot verified any of the material submitted in support of the request for ruling, and such material is subject to verification on examination. The Associate office will revoke or modify a letter ruling and apply the revocation retroactively if there has bee n a misstatement or omission of controlling facts; the facts at the time of the transaction are materially different from the controlling facts on which the ruling was based; or, in the case of a transaction involving a continuing action or series of actio ns, the controlling facts change during the course of the transaction. See Rev. Proc. 2020-1, § 11.05 .
Except as expressly provided herein, no opinion is expressed or implied concerning the tax consequences of any aspect of any transaction or item discu ssed or referenced in this letter.
PLR - 108419-20
4 This ruling is directed only to the taxpayer requesting it. Section 6110(k)(3) of the Code provides that it may not be used or cited as precedent.
In accordance with the Power of Attorney on file with this office, a cop y of this letter is being sent to your authorized representatives.
Sincerely,
Janet Laufer Senior Technician Reviewer Qualified Plans Branch 3 Office of the Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes)
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