IRS Releases 2022-23 Priority Guidance Plan

Published November 07, 2022

The Internal Revenue Service (IRS) and Department of Treasury (Treasury) released their 2022-2023 Priority Guidance Plan. The plan contains 205 guidance projects that are priorities for allocating Treasury Department and IRS resources during the 12-month period from July 1, 2022 through June 30, 2023.

Twenty one items are listed as priorities for retirement plans, including:

  • Guidance relating to certain IRS, Tax Exempt and Government Entities, Employee Plans programs, including the Pre-approved Plan Program, the Determination Letter Program, and the Employee Plans Compliance Resolution System (EPCRS).
  • Regulations under §72(t) relating to the 10 percent additional tax on early distributions.
  • Regulations and related guidance under §§219, 408, 408A, and 4973 and related guidance under §408(m).
  • Final regulations on the application of the normal retirement age regulations under §401(a) to governmental plans.
  • Regulations relating to the timing of the use or allocation of forfeitures in qualified retirement plans.
  • Regulations updating electronic delivery rules and other guidance for providing applicable notices and making participant elections.
  • Final regulations relating to SECURE Act modifications to §401(a)(9) and addressing other issues under §401(a)(9).
  • Regulations relating to SECURE Act modifications to certain rules governing §401(k) plans.
  • Guidance on student loan payments and qualified retirement plans and §403(b) plans.


Twelve items are listed under Executive Compensation, Health Care and Other Benefits, and Employment Taxes, including:

  • Final regulations on recapture of excess employment tax credits under the Families First Coronavirus Response Act (FFCRA), the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) and the American Rescue Plan Act (ARP).
  • Regulations under §86 regarding rules for lump-sum elections.
  • Regulations under §§119 and 132 regarding employer-provided meals.
  • Regulations updating the classification system for the line of business determination under §1.132-4 for purposes of qualified employee discounts and no-additional-cost services.