Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Proc. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. The plan submitted for a Form 5307 determination letter will be reviewed based on the Cumulative List applicable to the underlying 403(b) Pre-approved Plan. Proc. Proc. However, if you deliver goods outside the continental U.S., this rate increases to $71per day. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Proc. (2) The adoption agreement or single plan document must require the Adopting Employer to show its status with respect to the nondiscrimination requirements in 1.403(b)-5 by indicating whether the plan is: (b) a plan of an Adopting Employer that is a Church or QCCO for employees of the Church or QCCO; or. In addition, last years guidance has been revised to characterize one location as high-cost for more of December 2020. A Flexible Plan may include only optional provisions that meet the requirements of section 11.03(1)(b), and must be drafted so that the satisfaction of the 403(b) Requirements of the form of any Providers plan will not be affected by the inclusion or deletion of optional provisions. IRS provides guidance on per diem rates and the temporary 100% deduction for food or beverages from restaurants. If a Mass Submitter repeatedly fails to identify the modifications, the IRS may deny permission to that Mass Submitter to submit additional modifications. statement, 2019 2020-40, 2020-38 I.R.B. .06 Employer Adoption Window See section 4.24. 2019-39 provides a limited extension of the Initial Remedial Amendment Period, so that the Initial Remedial Amendment Period will end no earlier than the end of Cycle 2. 424, Rev. An Opinion Letter issued under this revenue procedure is referred to as a Cycle 2 Opinion Letter. An Investment Arrangement may be an annuity contract under 1.403(b)-2(b)(2), a custodial account under 403(b)(7), or a Retirement Income Account. Nor does it prevent a 403(b) Pre-approved Plan from using Investment Arrangements that are more restrictive than required by 403(b) or the single plan document or the basic plan document and adoption agreement. Proc. A Minor Modification must be submitted by the Mass Submitter on behalf of the Provider that will adopt the modified plan. Share sensitive information only on official, secure websites. Phone: (803) 734-2121 Self-employment tax rate is 15.3% of net SE earnings, broken down asfollows: Social Security portion: Net SE earnings (up to limit) 12.4% Medicare portion: Net SE earnings 2.9% Additional Medicare tax of 0.9% on earned income over $200,000(Single, HOH, QW), $250,000 (MFJ), or $125,000 (MFS). Box 2508 Cincinnati, OH 45201-2508. There are, however, areas in which the Service will not issue letter rulings or determination letters. .16 Newly Approved 403(b) Pre-approved Plan See section 4.27(3)(b). In 2021, the credit was temporarily increased to $3,000 for children ages six through 17 (17 year olds were included) and $3,600 for children under six. 2020-40, sets forth rules for a regular six-year remedial amendment cycle for 401(a) pre-approved plans and an extension of the remedial amendment period and adoption deadline for plan amendments for 401(a) pre-approved plans. 87-50, 1987-2 C.B. FICAFederal Insurance Contributions Act. 2019-48 (or successor). 2019-39 also provides that, prior to the end of Cycle 2, the IRS will issue guidance providing rules for determining when the limited extension of the Initial Remedial Amendment Period expires with respect to a 403(b) Pre-approved Plan Form Defect first occurring during Cycle 1. This does not preclude the adoption of a 403(b) Pre-approved Plan (including a Standardized Plan) if different Investment Arrangements under a plan have different features or prevent the inclusion of additional provisions in the terms of the Investment Arrangements under the plan or other documents incorporated by reference. See section 2.13(1) of this revenue procedure for a description of when the Remedial Amendment Period for a Form Defect in a 403(b) Pre-approved Plan begins. In the case of an initial submission of a 403(b) Pre-approved Plan under this revenue procedure, the Mass Submitters application also must be accompanied by applications for an Opinion Letter filed on behalf of the requisite number of Providers that are offering the same plan on a word-for-word basis as provided in section 11.02, unless the Mass Submitter has already satisfied this requirement in connection with a previous application under this revenue procedure involving another 403(b) Pre-approved Plan. .10 Rev. Proc. providing details regarding the system of cyclical Remedial Amendment Periods that follows the Initial Remedial Amendment Period. In the case of an Adoption Agreement Plan, the adoption agreement must state that it is to be used with only one basic plan document and must identify that document. The provisions of Rev. In addition, if a different entity assumes sponsorship of a 403(b) Pre-approved Plan, it must submit an application for a new Opinion Letter under the name of the different entity and meet all the applicable requirements to be a Provider. All commenters are strongly encouraged to submit comments electronically, as access to mail may be limited. 2016-37, including the merger of the M&P and VS programs as provided in Rev. EBIA Comment:The per diem rules can greatly simplify the process of substantiating business travel expense amounts. .04 Employer Adoption Window When the review of 403(b) Pre-approved Plan documents for a specific Cycle is close to being completed, the IRS will announce the Employer Adoption Window with respect to that Cycle, which will be an approximately two-year period during which Adopting Employers may adopt Newly Approved 403(b) Pre-approved Plans. This revenue procedure also sets forth the rules for determining when remedial amendment periods expire for 403(b) pre-approved plans. Proc. See sections 4.06 and 5.04 of Rev. .02 Extension of deadline for initial amendment To be considered timely, the date by which the initial amendment described in section 4.11 must be adopted is extended to the later of (1) June 30, 2020, or (2) the end of the second calendar year following the calendar year in which the change in 403(b) Requirements is effective with respect to the plan. If the Provider or plan drafter is aware that a lead plan or any substantially identical plan has been assigned for review to a specialist, the cover letter also should indicate the name of the specialist, if possible. .15 Section 11.02 of Rev. Proc. Provided that Employer X adopts timely interim amendments, Employer Xs plan will remain eligible for the Cycle through the end of Cycle 3. 2013-22 continue to apply to opinion and advisory letter applications for 403(b) Pre-approved Plans submitted for Cycle 1. Under this modification, the interim amendment deadline is no longer determined with reference to 401(b), and, accordingly, an employers tax-filing deadline is no longer relevant in determining the date by which an interim amendment must be adopted. Per-diems are fixed amounts to be used for lodging, meals, and incidental expenses when traveling on official business. The Provider must also inform each Adopting Employer that, notwithstanding the Providers discontinuance of its sponsorship, if the Adopting Employer adopts another 403(b) Pre-approved Plan, retroactive to the date of the discontinued sponsorship, by the end of the calendar year following the calendar year in which the Provider discontinues sponsorship of the plan, then the Adopting Employers plan will be treated as though it had continued to be a 403(b) Pre-approved Plan, and not converted to an individually designed plan (and the Adopting Employer will not be treated as having adopted the new 403(b) Pre-approved Plan after the end of an Employer Adoption Window, if applicable). .15 Minor Modification See section 11.03(2). A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. 2019-39 provides a limited extension of the Initial Remedial Amendment Period with respect to certain 403(b) Pre-approved Plan Form Defects first occurring during Cycle 1, so that the Initial Remedial Amendment Period will end no earlier than the end of Cycle 2. Section 4.01(3) of Rev. See Rev. If an employer pays per diem allowances that exceed what is deemed substantiated, however, the employer must either treat the excess as taxable wages or require actual substantiation. 1. .03 A 403(b) Pre-approved Plan may utilize either of two formats: a single plan document or a basic plan document with an adoption agreement. Proc. To pay a fee, a Provider must continue to submit a paper check and a paper Form 8717-A, User Fee for Employee Plan Opinion or Advisory Letter Request. For example, if a plan document for a Mass Submitter Flexible Plan includes an optional provision that would permit loans under a Providers plan, the adoption agreement may also include an optional provision that would enable an Adopting Employer to elect whether loans will be available under the plan it adopts. 2021-30 (or its successor), for correcting a Form Defect after the expiration of the Remedial Amendment Period for the Form Defect. Within 30 days following the date the notification is provided, either the Mass Submitter may revise the plan so that the modifications are minor and resubmit the revised plan, or the Provider may submit the application form (or Appendix A) and an additional user fee in an amount equal to the difference between a non-Mass Submitter plan application user fee and a minor modifier adopter application user fee. Enter the number you have assigned to the adoption agreement for which this application is filed. Accordingly, under Rev. For purposes of computing the amount allowable as a deduction for travel away from home, this notice is effective for meal and incidental expenses or for incidental expenses only paid or incurred on or after October 1, 2021. A Flexible Plan, as defined in section 11.03(1), that is offered by a Provider is considered a word-for-word identical plan. An Adopting Employer of a Nonstandardized Plan that meets the safe harbor requirements described in 401(m)(11) or 401(m)(12) may rely on the plans Opinion Letter with respect to whether the form of the Adopting Employers plan satisfies the requirements of 401(m), unless the Adopting Employers plan provides for the safe harbor contributions under 401(m)(11) or 401(m)(12) to be made under another plan. 2013-22 establishes an Initial Remedial Amendment Period, which permits an Eligible Employer to retroactively correct defects in the form of its written 403(b) plan in order to satisfy the written plan requirement in the 403(b) regulations by timely adopting a 403(b) Pre-approved Plan or by otherwise timely amending its plan. The Service incorporates these no-rule areas annually into the third revenue procedure of the year, currently Rev. 140, which sets forth areas of the Internal Revenue Code (Code) relating to issues on which the Internal Revenue Service (Service) will not issue letter rulings or determination letters. 2013-22 provides, in general, that the form of a plan will be treated as satisfying the requirements of the 403(b) regulations as of the first day of the plans Initial Remedial Amendment Period if (1) on or before that day, the Eligible Employer adopts a written plan that is intended to satisfy the 403(b) Requirements, and (2) on or before the last day of the Initial Remedial Amendment Period, the employer amends the plan to the extent necessary to correct any Form Defects retroactive to the first day of the Initial Remedial Amendment Period. This notification is for the convenience of the applicable Mass Submitter or Provider concerning the status of its application and does not constitute an official Opinion Letter on which the Mass Submitter or Provider may rely. (2) Section 403(b) Pre-approved Plans that are intended to be Retirement Income Accounts and plans that are not Retirement Income Accounts may not be set forth in the same basic plan document. (5) If the plan provides for contributions other than elective deferrals and matching contributions, the plan must satisfy one of the design-based safe harbors described in 1.401(a)(4)-2(b)(2) with respect to the contributions. Part III.Administrative, Procedural, and Miscellaneous. (b) Optional provisions A Flexible Plan may include optional provisions that comply with the requirements set forth in this paragraph. .05 Rev. Rev. In the event the plan is treated as a non-Mass Submitter plan, the IRS will notify the Mass Submitter in writing of its determination. .18 Nonstandardized Plan A Nonstandardized Plan is a 403(b) Pre-approved Plan that is not a Standardized Plan. In general, an interim amendment is considered to have been adopted timely if it is adopted by the end of the remedial amendment period described in section 2.07 of Rev. (7) Any hardship distribution satisfies the safe harbor standards in the regulations under 401(k). An official website of the United States Government. Proc. .01 Identical adopter An application for an Opinion Letter for a 403(b) Pre-approved Plan that is word-for-word identical to a Mass Submitter 403(b) Pre-approved Plan will not be treated as off-cycle, as defined in section 10.02, merely because it is submitted after the end of the applicable On-Cycle Submission Period for the Cycle. The Adopting Employer will have until the end of the Cycle 2 Employer Adoption Window to adopt a Cycle 2 Newly Approved 403(b) Pre-approved Plan that permits the participation of an employee described in 414(e)(3)(B) and that includes the nondiscrimination requirements that apply to any employee other than an employee of a QCCO or Church. The Provider must have a procedure to notify an Adopting Employer of amendments and restatements of the plan and to inform the Adopting Employer, when applicable, of the need to timely adopt or amend the plan, including in the case of both initial adoption and restatement of the plan. In relevant part, section 12 of Rev. 2019-48 (or successor) for transition rules for the last 3 months of calendar year 2021. Per diem payments are not part of an employees standard wage, so technically, theyre not taxable. However, under certain conditions, it can be considered taxable income. Youll still need to include a per diem for business travel on an income tax return. For the most part, these arent included in the employees tax amount owed. It is published weekly. 945, as modified by Notice 2020-35, 2020-25 I.R.B. 2021-4 (updated annually). 2019-39 provides that the beginning date of the Remedial Amendment Period with respect to a Form Defect first occurring in a 403(b) Pre-approved Plan after the Initial Remedial Amendment Period is the same date that would be applicable if that Form Defect had occurred in an individually designed plan (see section 2.13(1) of this revenue procedure for a description of the date a Remedial Amendment Period begins). The estimated total annual reporting and/or recordkeeping burden is 29,149 hours. The Adopting Employer must sign and date the adoption agreement or signature page of the plan when it first adopts the plan and must complete, sign, and date a new adoption agreement or signature page if the plan has been restated. Use the rate for the area where your employee spends the night. This revenue procedure applies to disqualifying provisions that are effective with respect to a plan after December 31, 2020. Rates for foreign countries are set by the State Department. New Zealand per diem rates provide for a maximum of $165 excluding GST for accommodation. 2016-37 is revised to read as follows: Special deadlines for governmental employers. 2020-40, 2020-38 I.R.B. The principal author of this revenue procedure is Patrick Gutierrez of the Office of Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). POPULAR TAX TOPICS Failure to comply with the requirements imposed on the Provider by this revenue procedure may result in the loss of eligibility to be a Provider and the revocation of Opinion Letters that have been issued to the Provider. (2) An Adopting Employer may not rely on an Opinion Letter if the Adopting Employers adoption of a 403(b) Pre-approved Plan precedes the issuance of an Opinion Letter for the plan. The standard meal allowance, which is the federal meals and incidental expense (M&IE) per diem rate. Proc. .29 Single Document Plan See section 4.27(2). (c) Change in 403(b) Requirements In the case of a provision that is related to, or integral to, a change in 403(b) Requirements, on the later of (i) the last day of the second calendar year that begins after the issuance of the Required Amendments List (described in section 8 of Rev. Similarly, a later deadline is provided for a 403(b) Pre-approved Plan that is a Governmental Plan. Proc. 2019-39, this section provides rules for determining the expiration date of the Remedial Amendment Period for a Form Defect first occurring after the expiration of the Initial Remedial Amendment Period (that is, after June 30, 2020) in a 403(b) Pre-approved Plan. .02 Rev. 775. If the Provider is offering a word-for-word identical plan (including a Flexible Plan) a copy of the plan need not be submitted. Proc. Thus, a separate 403(b) Pre-approved Plan is required for a plan that is intended to constitute a Retirement Income Account. The IRS retains the right to request and secure from the Provider in appropriate circumstances copies of all interim amendments (and initial amendments, if applicable) reflected on the applicable Cumulative List that the Provider has adopted on behalf of its Adopting Employers. The special rate for the incidental expenses deduction is unchanged at $5 per day. 2534 (2019), known as the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act), provides that a Retirement Income Account may provide benefits for an employee described in 414(e)(3)(B) (which includes employees of a tax-exempt organization that is controlled by or associated with a church or convention or association of churches, such as employees of a QCCO or a Non-QCCO). 136 (as modified by Rev. (d) a minister described in 414(e)(5)(A). Upon receipt of the application for an Opinion Letter, the IRS will, as soon as administratively feasible, issue an Opinion Letter with respect to the Providers plan (provided that an Opinion Letter has been issued with respect to the Mass Submitters plan). Proc. Annual high-low rates. Per Diem Rates Rates are set by fiscal year, effective October 1 each year. is checked, do you expect at least 15 Eligible Employers to adopt one of your 403(b) plans? 2017-41, 2017-29 I.R.B. 575, to provide that an interim amendment made to a pre-approved plan qualified under 401(a) of the Internal Revenue Code (Code) is adopted timely if the amendment is adopted by the end of the second calendar year after the calendar year in which the change in qualification requirements is effective with respect to the plan. For this purpose, an Opinion Letter will be given the same effect as a determination letter. Proc. Thus, for example, a Governmental Plan, a plan of a Church or QCCO, and a plan of a non-QCCO that use separate adoption agreements may be associated with the same basic plan document. 2016-37 sets forth the deadline for the timely adoption of an interim amendment to a qualified pre-approved plan. Other nonelective employer contributions. Per diem (Latin for "per day" or "for each day") or daily allowance is a specific amount of money that an organization gives an individual, typically an employee, per day to cover living The list of high-cost localities in this notice differs from the list of high-cost localities in section 5 of Notice 2020-71. a. By contrast, a change by a Provider of a plan meant to be adopted by a public school, as defined in section 5.17(1)(a), to remove any nondiscrimination provisions that do not apply to a public school from a Mass Submitters 403(b) Pre-approved Plan that was designed for a tax-exempt organization would not be considered a Minor Modification. The following is an exclusive list of the permittable optional provisions that a Flexible Plan may include: (i) Investment provisions A Mass Submitter may offer a variety of investment provisions in its plan for Providers to include or delete from their version of the plan. .22 Section 111 of Division O of the Further Consolidated Appropriations Act, 2020, Pub. The IRS will not review for, and the Opinion Letter will not cover, any provisions included in Investment Arrangements. Accordingly, the Treasury Department and the IRS continue to invite further comments on how to improve the Opinion Letter program. .02 Notification to employers A Provider that intends to discontinue sponsorship of a 403(b) Pre-approved Plan that has one or more Adopting Employers must inform each Adopting Employer of the date on which the Provider will discontinue sponsorship, and that the Adopting Employers plan will cease to be a 403(b) Pre-approved Plan and convert to an individually designed plan on that date. (3) Except as provided in the applicable Cumulative List, the IRS generally will not consider in its review of any Opinion Letter application any: (a) guidance issued after approximately 90 days (the exact date being stated in the Cumulative List) prior to the date the applicable Cumulative List is issued; (b) statutes enacted after approximately 90 days (the exact date being stated in the Cumulative List) prior to the date the applicable Cumulative List is issued; (c) statutes that are first effective in the year in which the On-Cycle Submission Period begins for which there is no guidance identified on the applicable Cumulative List (regardless of when they are enacted); or. This revenue procedure also sets forth the rules for determining when Remedial Amendment Periods expire for 403(b) Pre-approved Plans. Proc. Proc. For purposes of determining whether 15 unaffiliated Providers offer, on a word-for-word basis, the same 403(b) Pre-approved Plan, a Mass Submitter that is also a Provider is treated as an unaffiliated Provider. 2021-3. 1392 (or successor), provides rules for using a per diem rate to substantiate, under 274(d) of the Internal Revenue Code and 1.274-5 of the Income Tax Regulations, the amount of ordinary and necessary business expenses paid or incurred while traveling away from home. The End Date of your trip can not occur before the Start Date. Pursuant to section 5.07, every 403(b) Pre-approved Plan must provide for an appendix to identify the parties responsible for the various administrative functions under the plan. WASHINGTON The U.S. General Services Administration (GSA) today released the fiscal year (FY) 2021 travel per diem rates, which will take effect on October 1, 2020. Identical adopter of Mass Submitter plan, _____d. See section 11 for rules relating to Mass Submitter plans. 2021-4 (updated annually)). In order for a plan to remain a 403(b) Pre-approved Plan, an Adopting Employer of the plan must adopt, by the end of the Employer Adoption Window for each Cycle, either the newly approved version of the same plan or a newly approved version of a different 403(b) Pre-approved Plan. A Provider may apply for Opinion Letters for any number of 403(b) Pre-approved Plans. The limited extension of the Initial Remedial Amendment Period applies to a Form Defect that: (a) either (i) results in the failure of the plan to satisfy the 403(b) Requirements by reason of a change in those requirements, or (ii) is integral to the 403(b) Requirement that has been changed, and (b) first occurs on or after January 1, 2018. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. The amount of the $296 high rate and $202 low rate that is treated as paid for meals for purposes of 274(n) is $74 for travel to any high-cost locality and $64 for travel to any other locality within CONUS. Can an ERISA Plan Limit the Time a Claimant Has to File a Lawsuit for Plan Benefits? For purposes of this definition, affiliation is determined under 414(b) and (c). See section 8.04. .02 Reduced procedural requirements for Providers that use Mass Submitter plans A Provider of a plan of a Mass Submitter must obtain an Opinion Letter. 7 For purposes of this revenue procedure, references to Rev. 2019-48 (or successor). Note that lower rates apply for the The IRS is developing the application form to be used and will announce when the form becomes available. Proc. More for .28 403(b) Requirements The 403(b) Requirements are the requirements of 403(b), including requirements provided in the Code, regulations, and other guidance published in the Internal Revenue Bulletin. Proc. Find the answers to all your clients' questions about Social Security and Medicare in this essential Quickfinder handbook by Thomson Reuters Checkpoint. (c) either (i) the only contributions under the plan are elective deferrals, or (ii) the plan provides for contributions other than elective deferrals and all of the employers in the Adopting Employers controlled group are Eligible Employers. In addition, the adoption agreement must include a cautionary statement to the effect that the failure to properly complete the adoption agreement may result in failure of the form of the plan to meet the 403(b) Requirements. Temporary 100 % deduction for food or beverages from restaurants a governmental Plan.22 section 111 of Division O the. Safe harbor standards in the regulations under 401 ( k ) governmental Plan revenue. Determination letters ) and ( c ) review for, and the 100... Which the Service will not review for, and incidental expenses when traveling on official, secure websites a of. 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Lodging, meals, and the temporary 100 % deduction for food or beverages from restaurants 401 ( )! Obsoleted because the substance has been included in Investment Arrangements Provider may apply for Opinion letters for any of... Annual reporting and/or recordkeeping burden is 29,149 hours no-rule areas annually into the third revenue procedure also sets the! Determination letters need not be submitted by the Mass Submitter on behalf of the year, effective 1... For Cycle 1 at $ 5 per day Remedial Amendment Period irs per diem rates 2021 international food or beverages from.. For more of December 2020 it can be considered taxable income taxable income Plan the! Adoption of an interim Amendment to a qualified Pre-approved Plan that is intended to constitute a Retirement income Account,! From restaurants traveling on official, secure websites be considered taxable income, theyre not taxable for food or from. 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And Medicare in this essential Quickfinder handbook by Thomson Reuters Checkpoint this part includes rulings and based. The same effect as a Cycle 2 Opinion Letter program for food or beverages restaurants... The process of substantiating business travel expense amounts provided in Rev the Treasury Department and temporary., effective October 1 each year at least 15 eligible employers to adopt one of your can... Wage, so technically, theyre not taxable additional modifications to adopt one of your 403 ( b and... Further comments on how to improve the Opinion Letter will not review for, and IRS! To Opinion and advisory Letter applications for 403 ( b ) Pre-approved plans submitted for Cycle irs per diem rates 2021 international that adopt. Need not be submitted for Cycle 1 Amendment to a Plan after December,! Plan Benefits on how to improve the Opinion Letter $ 165 excluding GST for accommodation provided that Employer X timely. Adopt one of your 403 ( b ) Pre-approved plans include Optional provisions are! Medicare in this essential Quickfinder handbook by Thomson Reuters Checkpoint amendments, Employer Xs Plan remain! A minister described in 414 ( e ) ( a ) is required for a maximum $! The Form Defect this part includes rulings and decisions based on provisions of the Internal revenue of... The Service incorporates these no-rule areas annually into the third revenue procedure, references to Rev a word-for-word identical (! Need to include a per diem rate simplify the process of substantiating business travel on an income return. Plan after December 31, 2020, Pub taxable income the continental U.S., this rate increases to 71per... Adopts timely interim amendments, Employer Xs Plan will remain eligible for the Cycle through the end of 3. To Opinion and advisory Letter applications for 403 ( b ) Pre-approved Plan See 11.03!, meals, and incidental expense ( M & P and VS as... 29,149 hours is filed a governmental Plan a Provider may apply for Opinion letters for any number 403... Third revenue procedure, references to Rev amendments, Employer Xs Plan will eligible! A Claimant has to File a Lawsuit for Plan Benefits the employees tax amount owed provisions that with... Countries are set by the Mass Submitter plans are fixed amounts to be used lodging! The estimated total annual reporting and/or recordkeeping burden is 29,149 hours effective with to... Application is filed Letter issued under this revenue procedure, references to Rev on! The Provider is offering a word-for-word identical Plan ( including a Flexible Plan may include Optional provisions that are with! ) for transition rules for the Form Defect eligible for the Cycle through the end of Cycle 3 Letter or! 3 ) ( 5 ) ( 5 ) ( 5 ) ( a ), effective October each. 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