[Code of Federal Regulations]
[Title 26, Volume 15]
[Revised as of April 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR35.3405-1]

[Page 409-411]
 
                       TITLE 26--INTERNAL REVENUE
 
    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)
 
PART 35_EMPLOYMENT TAX AND COLLECTION OF INCOME TAX AT SOURCE REGULATIONS 
UNDER THE TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982--Table of Contents
 
Sec. 35.3405-1  Questions and answers relating to withholding on pensions, 
annuities, and certain other deferred income.

    The following questions and answers relate to withholding on 
pensions, annuities, and other deferred income under section 3405 of the 
Internal Revenue Code of 1986, as added by section

[[Page 410]]

334 of the Tax Equity and Fiscal Responsibility Tax Act of 1982 (Public 
Law 97-248) (TEFRA).
    a-1 through d-34 [Reserved]. For further guidance, see Sec. 
35.3405-1T.
    d-35. Q. Through what medium may a payor provide the notice required 
under section 3405 to a payee?
    A. A payor may provide the notice required under section 3405 
(including the abbreviated notice described in d-27 of Sec. 35.3405-1T 
and the annual notice described in d-31 of Sec. 35.3405-1T) to a payee 
either on a written paper document or through an electronic medium 
reasonably accessible to the payee. A notice provided through an 
electronic medium must be provided under a system that satisfies the 
following requirements:
    (a) The system must be reasonably designed to provide the notice in 
a manner no less understandable to the payee than a written paper 
document.
    (b) At the time the notice is provided, the payee must be advised 
that the payee may request and receive the notice on a written paper 
document at no charge, and, upon request, that document must be provided 
to the payee at no charge.
    d-36. Q. Are there examples that illustrate the provisions of d-35 
of this section?
    A. The provisions of d-35 of this section are illustrated by the 
following examples:

    Example 1. (i) An employer deferred compensation plan (Plan A) 
permits participants to request distributions by e-mail. Under Plan A's 
system for such transactions, a participant must enter his or her 
account number and personal identification number (PIN); this 
information must match that in Plan A's records in order for the 
transaction to proceed. The plan administrator is the payor. If a 
participant requests a distribution from Plan A by e-mail, the plan 
administrator provides the participant with the notice required under 
section 3405 by e-mail. The plan administrator also advises the 
participant by e-mail that he or she may request the notice on a written 
paper document and that, if the participant requests the notice on a 
written paper document, it will be provided at no charge. To proceed 
with the distribution by e-mail, the participant must acknowledge 
receipt, review, and comprehension of the notice.
    (ii) In this Example 1, the plan administrator does not fail to 
satisfy the notice requirement of section 3405 merely because the notice 
is provided to the participant other than through a written paper 
document.
    Example 2. (i) An employer deferred compensation plan (Plan B) 
permits participants to request distributions through the Plan B web 
site (Internet or intranet). Under Plan B's system for such 
transactions, a participant must enter his or her account number and 
personal identification number (PIN); this information must match that 
in Plan B's records in order for the transaction to proceed. The plan 
administrator is the payor. A participant may request a distribution 
from Plan B by following the applicable instructions on the Plan B web 
site. After the participant has requested a distribution, the 
participant is automatically shown a page on the web site containing the 
notice required by section 3405. Although this page of the web site may 
be printed, the page also advises the participant that he or she may 
request the notice on a written paper document and that, if the 
participant requests the notice on a written paper document, it will be 
provided at no charge. To proceed with the distribution through the web 
site, the participant must acknowledge receipt, review, and 
comprehension of the notice.
    (ii) In this Example 2, the plan administrator does not fail to 
satisfy the notice requirement of section 3405 merely because the notice 
is provided to the participant other than through a written paper 
document.
    Example 3. (i) An employer deferred compensation plan (Plan C) 
permits participants to request distributions through Plan C's automated 
telephone system. Under Plan C's system for such transactions, a 
participant must enter his or her account number and personal 
identification number (PIN); this information must match that in Plan 
C's records in order for the transaction to proceed. The plan 
administrator is the payor. A participant may request a distribution 
from Plan C by following the applicable instructions on the automated 
telephone system. After the participant has requested a distribution, 
the automated telephone system reads the notice required by section 3405 
to the participant. The automated telephone system also advises the 
participant that he or she may request the notice on a written paper 
document and that, if the participant requests the notice on a written 
paper document, it will be provided at no charge. Before proceeding with 
the distribution transaction, the participant must acknowledge receipt, 
review, and comprehension of the notice.
    (ii) In this Example 3, the plan administrator does not fail to 
satisfy the notice requirement of section 3405 merely because the notice 
is provided to the participant other than through a written paper 
document.
    Example 4. (i) Same facts as Example 3, except that, pursuant to the 
system for processing such transactions, a participant who

[[Page 411]]

so requests is transferred to a customer service representative whose 
conversation with the participant is recorded. The customer service 
representative provides the notice required by section 3405 by reading 
from a prepared text.
    (ii) Conclusion. In this Example 4, the plan administrator does not 
fail to satisfy the notice requirement of section 3405 merely because 
the notice is provided to the participant other than through a written 
paper document.
    Example 5. (i) Same facts as Example 1, except that Participant D 
requested a distribution by e-mail and then terminated employment. 
Participant D no longer has access to e-mail.
    (ii) In this Example 5, the plan administrator does not satisfy the 
notice requirement of section 3405 because the electronic medium through 
which the notice is provided is not reasonably accessible to Participant 
D. Plan A must provide the notice required by section 3405 to 
Participant D in a written paper document or by an electronic medium 
that is reasonably accessible to Participant D.

[T.D. 8873, 65 FR 6007, Feb. 8, 2000; 65 FR 17149, Mar. 31, 2000]