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Interim guidance, tax withholding, wages and retirement and annuity distributions

U.S. interim guidance

The IRS today released an advance version of Notice 2018-92 as interim guidance for the 2019 calendar year on income tax withholding from wages and from retirement and annuity distributions.

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Notice 2018-92 [PDF 60 KB] is being issued because certain withholding rules in Notice 2018-14—that applied for 2018—will remain in effect for the 2019 calendar year or, in certain instances, until April 30, 2019. 

Today’s notice also explains that the IRS is providing interim guidance because the plan is to develop regulations under sections 3401 and 3402 as amended by a provision of the new U.S. tax law (Pub. L. No. 115-97, that is also referred to as the “Tax Cuts and Jobs Act” (TCJA)). According to an IRS transmittal message, these withholding regulations will reflect changes made by the TCJA, other changes in the Code since the regulations were last amended, and certain miscellaneous changes consistent with current procedures. Comments are requested both on the interim guidance provided by Notice 2018-92 and on guidance that ought to be provided in regulations. Comments are due by January 25, 2019.

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