26 U.S.C. § 7528 — Internal Revenue Service user fees
submitted 23 years ago by Pub. L. 108-89 to r/title-26-INTERNAL-REVENUE-CODE · 458 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
The Secretary* shall establish a program requiring the payment of user fees for—
requests to the Internal Revenue Service for ruling letters, opinion letters, and determination letters, and
other similar requests.
The fees charged under the program required by subsection (a)—
shall vary according to categories (or subcategories) established by the Secretary,
shall be determined after taking into account the average time for (and difficulty of) complying with requests in each category (and subcategory), and
shall be payable in advance.
The Secretary shall provide for such exemptions (and reduced fees) under such program as the Secretary determines to be appropriate.
The Secretary shall not require payment of user fees under such program for requests for determination letters with respect to the qualified status of a pension benefit plan maintained solely by 1 or more eligible employers or any trust which is part of the plan. The preceding sentence shall not apply to any request—
made after the later of—
the fifth plan year the pension benefit plan is in existence, or
the end of any remedial amendment period with respect to the plan beginning within the first 5 plan years, or
made by the sponsor of any prototype or similar plan which the sponsor intends to market to participating employers.
For purposes of subparagraph (B)—
The term “pension benefit plan” means a pension, profit-sharing, stock* bonus, annuity, or employee* stock ownership plan.
The term “eligible employer” means an eligible employer (as defined in section 408(p)(2)(C)(i)(I)) which has at least 1 employee who is not a highly compensated employee (as defined in section 414(q)) and is participating in the plan. The determination of whether an employer is an eligible employer under subparagraph (B) shall be made as of the date of the request described in such subparagraph.
For purposes of any determination of average fees charged, any request to which subparagraph (B) applies shall not be taken into account.
The average fee charged under the program required by subsection (a) shall not be less than the amount determined under the following table:
Average | |
Category | Fee |
Employee plan ruling and opinion | $250 |
Exempt organization ruling | $350 |
Employee plan determination | $300 |
Exempt organization determination | $275 |
Chief counsel ruling | $200. |
The fee charged under the program in connection with the certification by the Secretary of a professional employer organization under section 7705 shall be an annual fee not to exceed $1,000 per year.
Source credit: (Added Pub. L. 108–89, title II, § 202(a), Oct. 1, 2003, 117 Stat. 1132; amended Pub. L. 108–357, title VIII, § 891(a), Oct. 22, 2004, 118 Stat. 1644; Pub. L. 110–28, title VIII, § 8244, May 25, 2007, 121 Stat. 200; Pub. L. 113–295, div. B, title II, § 206(f), Dec. 19, 2014, 128 Stat. 4071.)
- 2003Enacted · Pub. L. 108-89 · 117 Stat. 1132
- 2004Amended · Pub. L. 108-357 · 118 Stat. 1644
- 2007Amended · Pub. L. 110-28 · 121 Stat. 200
- 2014Amended · Pub. L. 113-295 · 128 Stat. 4071
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-89 on 2003-10-01.
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