The Treasury Department and the Internal Revenue Service issued proposed regulations Friday for several provisions of the SECURE 2.0 Act, including ones related to automatic enrollment in 401(k) and 403(b) plans, and the Roth IRA catchup rule.
SECURE 2.0 Act passed at the end of 2022 and contained an extensive list of provisions related to retirement planning, like the original SECURE Act of 2019, with some being phased in over five years.
One set of proposed regulations involves provisions requiring newly-created 401(k) and 403(b) plans to automatically enroll eligible employees starting with the 2025 plan year. In general, unless an employee opts out, a plan needs to automatically enroll the employee at an initial contribution rate of at least 3% of the employee’s pay and automatically increase the initial contribution rate by one percentage point each year until it reaches at least 10% of pay. The requirement generally applies to 401(k) and 403(b) plans established after Dec. 29, 2022, the date the SECURE 2.0 Act became law, with exceptions for new and small businesses, church plans and governmental plans.
The proposed regulations include guidance to plan administrators for properly implementing this requirement and are proposed to apply to plan years that start more than six months after the date that final regulations are issued. Before the final regulations are applicable, plan administrators need to apply a reasonable, good faith interpretation of the statute.
Roth IRA catchup contributions
The Treasury and the IRS also issuedproposed regulations Friday addressing several SECURE 2.0 Act provisions involving catch-up contributions, which are additional contributions under a 401(k) or similar workplace retirement plan that generally are allowed with respect to employees who are age 50 or older.
That includes proposed rules related to a provision requiring that catch-up contributions made by certain higher-income participants be designated as after-tax Roth contributions.
The proposed regulations provide guidance for plan administrators to implement and comply with the new Roth catch-up rule and reflect comments received in response toNotice 2023-62, issued in August 2023.
The proposed regulations also provide guidance relating to the increased catch-up contribution limit under the SECURE 2.0 Act for certain retirement plan participants. Affected participants include employees between the ages of 60-63 and employees in newly established SIMPLE plans.
The IRS and the Treasury are asking for comments on both sets of proposed regulations.
Among the changes, accountants can now perform intercompany allocations directly from the bank feed, expense form, or bill, as well as pre-assign accounts for their clients’ transactions so they can quickly allocate them across various entities, which enables them to streamline transaction management without the manual work of selecting accounts or creating separate journal entries. Further, accountants will now be able to map default accounts for transactions between specific entity groupings. The update also features a “multi-entity hub” letting users monitor KPIs like sales, expenses, profit and loss, AR and AP across entities at a glance. They can filter by time period or entity and use shortcuts to access reports and support resources.
Accountants can also now choose which entities to include when they create consolidated reports, allowing them to scroll through multiple entities side-by-side with fixed columns for Description, Elimination and Total; there are also more options for exporting spreadsheets.
The software also now features the ability to use business data to access customized projections of revenue, expenses, and profit at a dimensional level in order to pinpoint profitable areas and opportunities for improvement based on the entity’s specific needs and characteristics, like department, region, program, fund, or product line. For example, said Intuit, accountants can leverage their client’s existing budgets, or the last 3, 6, 9, or 12 months of historical data, to generate precise forecasts that extend up to 3 years. Accountants can also apply rules to various dimensions and classes to create a “dimensional forecast,” as well as convert their work into a dimensional budget. Intuit Enterprise Suite will also autosave these assets to ensure no work gets lost.
Workflow updates include the ability to create and import project budgets in order to monitor client data from one connected system; accountants will be able to import a budget from a spreadsheet and assign dimensions to line items, as well as have access to an AI-powered tool that can help find and address duplications and mismatches along the way. Users will also be able to make reusable custom task templates or choose from a library of standard and industry-specific templates. Accountants will be able to track the profitability of their clients’ projects and use actionable AI suggestions and powerful, predictive strategies to help clients achieve profit benchmarks.
Finally, Intuit also added features for managing a workforce. This includes the ability to correct paychecks for closed quarters, meaning users can edit, backdate, and void past-quarter paychecks in Intuit Enterprise Suite without having to request support. They can also reverse an employee direct deposit payroll payment in Intuit Enterprise Suite for no additional fee. Finally, to make better-informed decisions on promotions and raises, users can track changes to employees’ data including their manager, department, pay, and job title.
The Supreme Court has denied the attempt of the bankruptcy trustee of a failed business to claw back assets fraudulently transferred to the Internal Revenue Service from the debtor-business’s assets to satisfy the personal federal tax liabilities of the shareholders.
The shareholders had misappropriated $145,000 in company funds to satisfy their personal federal tax liabilities. The trustee filed an action pursuant to Section 544(b) of the Bankruptcy Code, which allows a trustee to “avoid any transfer of an interest of the debtor … that is voidable under applicable law by a creditor holding an unsecured claim.”
In order to prevail under this section, a trustee must identify an actual creditor who could have voided the transaction under applicable law outside of bankruptcy proceedings. The government argued that the trustee’s claim failed because the trustee could not identify an “actual creditor” that could have voided the fraudulent transfer because sovereign immunity would have barred any such cause of action in Utah against the government.
The U.S. Supreme Court in Washington, D.C.
Stefani Reynolds/Bloomberg
The bankruptcy court, the district court and the Tenth Circuit disagreed. But the Supreme Court held otherwise, finding that the waiver of sovereign immunity in Section 106(a) of the Bankruptcy Code applies only to a Section 544(b) claim itself and not to state-law claims “nested within that federal claim.”
The opinion, issued in United States v. Miller, was an 8-1 decision, which likely surprised many who thought the government had an uphill battle to get a reversal, according to Alissa Castaneda, a partner at law firm Dorsey & Whitney.
“Practically, the ruling means that the government — and only the government — can keep fraudulent transfers received between two to four years before bankruptcy,” she said.
“The Supreme Court determined that if it adopted the trustee’s reading, that it would ‘transform that statute from a jurisdiction-creating provision into a liability-creating provisions,’ and affirmatively expand the trustee’s avoidance powers to a bankruptcy trustee, allowing the trustee to ‘avoid any transfer of an interest of the debtor … that is voidable under applicable law by a creditor holding an unsecured claim,” explained Castaneda.
“‘Applicable law’ can refer to any federal or state law other than the Bankruptcy Code, but trustees generally rely on state statutes, and most frequently, on ‘fraudulent transfer’ state statutes specifically,” she said.
The Miller case involved a Chapter 7 trustee of a Utah company that filed for bankruptcy in 2017. The trustee filed a lawsuit against the United States, seeking to avoid $145,000 of tax payments made by the company in 2014 to the IRS to satisfy the personal income tax obligations of the company’s principals.
Because the transfer of the $145,000 to the IRS took place more than two years prior to the bankruptcy petition date, the trustee could not void the transfer since that statute only had a two-year lookback period. Instead, the trustee invoked Utah’s fraudulent transfer statute, which had a four-year lookback period as the ‘applicable law,’ she noted.
“The government did not dispute that the debtor received nothing of value in exchange for this transfer, but rather asserted that the trustee could not satisfy the ‘actual creditor’ requirement, because there was no actual creditor who could have voided the transaction because sovereign immunity would bar any Utah state cause of action against the government,” Castaneda added.
The bankruptcy court rejected the government’s arguments and entered judgment for the trustee. The district court adopted the bankruptcy court’s decision and the Tenth Circuit affirmed the decision.
The Supreme Court reversed the Tenth Circuit and held that waivers of sovereign immunity are jurisdictional, and not substantive in nature, nor as broad as the trustee claimed. It did not alter the substantive waiver of immunity that would not exist under the applicable Utah state law.
On the surface it looks like a favorable result for the shareholders who engaged in the fraudulent transfer. Their debt to the IRS is satisfied, and depending on Utah’s statute of limitations and prosecutorial discretion, there may be no future legal action.