26 USC 7528 – Internal Revenue Service user fees
(a) General rule
The Secretary shall establish a program requiring the payment of user fees for—
(1) requests to the Internal Revenue Service for ruling letters, opinion letters, and determination letters, and
(2) other similar requests.
(b) Program criteria
(1) In general
The fees charged under the program required by subsection (a)—
(A) shall vary according to categories (or subcategories) established by the Secretary,
(B) shall be determined after taking into account the average time for (and difficulty of) complying with requests in each category (and subcategory), and
(C) shall be payable in advance.
(2) Exemptions, etc.
(A) In general
The Secretary shall provide for such exemptions (and reduced fees) under such program as the Secretary determines to be appropriate.
(B) Exemption for certain requests regarding pension plans
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—
(i) made after the later of—
(I) the fifth plan year the pension benefit plan is in existence, or
(II) the end of any remedial amendment period with respect to the plan beginning within the first 5 plan years, or
(ii) made by the sponsor of any prototype or similar plan which the sponsor intends to market to participating employers.
(C) Definitions and special rules
For purposes of subparagraph (B)—
(i) Pension benefit plan
The term “pension benefit plan” means a pension, profit-sharing, stock bonus, annuity, or employee stock ownership plan.
(ii) Eligible employer
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.
(iii) Determination of average fees charged
For purposes of any determination of average fees charged, any request to which subparagraph (B) applies shall not be taken into account.
(3) Average fee requirement
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. |
(4) Certified professional employer organizations
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.
Terms Used In 26 USC 7528
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- employee: shall include a full-time life insurance salesman who is considered an employee for the purpose of chapter 21. See 26 USC 7701
- Secretary: means the Secretary of the Treasury or his delegate. See 26 USC 7701
- stock: includes shares in an association, joint-stock company, or insurance company. See 26 USC 7701
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.