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DC Tax Flash: IRS Issues FAQs on Coronavirus Relief for Retirement Savings

Tax Alert

The Internal Revenue Service (IRS) today issued a set of 14 FAQs on coronavirus-related relief for retirement plans and IRAs.

The FAQs focus on Section 2202 of the Coronavirus Aid, Relief, and Economic Security (CARES) Act (P.L. 116-36). This provision provides special rules for the use of retirement funds. The IRS says it is preparing more formal guidance on this provision based (where appropriate) on the principles issued in Notice 2005-92 after Hurricane Katrina.

The FAQs issued today pose and answer the following questions:

  • What are the special rules for retirement plans and IRAs in section 2202 of the CARES Act?
  • Does the IRS intend to issue guidance on section 2202 of the CARES Act?
  • Am I a qualified individual for purposes of section 2202 of the CARES Act?
  • What is a coronavirus-related distribution?
  • Do I have to pay the 10% additional tax on a coronavirus-related distribution from my retirement plan or IRA?
  • When do I have to pay taxes on coronavirus-related distributions?
  • May I repay a coronavirus-related distribution?
  • What plan loan relief is provided under section 2202 of the CARES Act?
  • Is it optional for employers to adopt the distribution and loan rules of section 2202 of the CARES Act? 
  • Does section 2202 of the CARES Act provide additional distribution rights to participants or otherwise change the rules applicable to plan distributions?
  • May an administrator rely on an individual's certification that the individual is eligible to receive a coronavirus-related distribution?
  • Is an eligible retirement plan required to accept repayment of a participant's coronavirus-related distribution?
  • How do qualified individuals report coronavirus-related distributions?
  • How do plans and IRAs report coronavirus-related distributions?

​The full text of the FAQs is posted here.


Miller & Chevalier Coronavirus Task Force
The outbreak of COVID-19 is creating significant business and legal challenges for companies throughout the world. In response to client demand, the firm has formed an interdisciplinary task force to help businesses navigate these issues.

COVID-19 Resource Library
We also maintain a resource library of legislative responses and regulatory guidance related to COVID-19.



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