|However, there is some IMPORTANT GOOD NEWS in the Directive.
Some Unincorporated Owners may not have realized that DOR had a
non-enforcement position prior to 2008. Accordingly, Unincorporated
Owners who did pay taxes on 401(k) deferrals for years prior to 2008
may file for rebates with respect to open years.
Dave Grasso of McDermott Will & Emery called a few days after I wrote
this to point out that DOR extends this treatment only for deferrals and not
for matches. Dave's right on that and it's a great point. The abatements will
only be good for deferrals up to the 402(g) limit -- $15,500 in 2007 --
plus catchups for those age 50 or more. DOR will not allow an abatement
request for matches.