The IRS has just issued new final regulations (attached) regarding the use of
"deemed" IRA's within tax-qualified plans. The final regulations do not require
separate trusts for the plan and the deemed IRA, as did the proposed
regulations, but they do require a separate annuity contract would be required
if a deemed individual retirement annuity is to be provided. However, the final
regulations also provide that, if separate trusts are used, the failure of
either the deemed IRA or the plan to satisfy their respective applicable
qualification rules will not cause the other to be automatically
disqualified.
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