Reg. § 53.4965-2 Covered tax-exempt entities.
(a) In general Under section , the term “tax-exempt entity” refers to entities that are described in sections , , or (other than the United States), Indian tribal governments (within the meaning of section ), and tax-qualified pension plans, individual retirement arrangements and similar tax-favored savings arrangements that are described in sections , (2) or (3), 529, 457(b), or 4973(a). The tax-exempt entities referred to in section are divided into two broad categories, non-plan entities and plan entities.
(b) Non-plan entities Non-plan entities are—
(1) Entities described in section ;
(2) Religious or apostolic associations or corporations described in section ;
(3) Entities described in section , including states, possessions of the United States, the District of Columbia, political subdivisions of states and political subdivisions of possessions of the United States (but not including the United States); and
(4) Indian tribal governments within the meaning of section .
(c) Plan entities Plan entities are—
(1) Entities described in section (qualified plans under section , including qualified cash or deferred arrangements under section (including a section plan that allows designated Roth contributions));
(2) Entities described in section (annuity plans described in section );
(3) Entities described in section (annuity contracts described in section , including a section arrangement that allows Roth contributions);
(4) Qualified tuition programs described in section ;
(5) Eligible deferred compensation plans under section that are maintained by a governmental employer as defined in section ;
(6) Arrangements described in section which include—
(i) Individual retirement plans defined in section and (b), including—
(A) Simplified employee pensions (SEPs) under section ;
(B) Simple individual retirement accounts (SIMPLEs) under section ;
(C) Deemed individual retirement accounts or annuities (IRAs) qualified under a qualified plan (deemed IRAs) under section ; and
(D) Roth IRAs under section .
(ii) Arrangements described in section (Archer Medical Savings Accounts (MSAs));
(iii) Arrangements described in section (custodial accounts treated as annuity contracts);
(iv) Arrangements described in section (Coverdell education savings accounts); and
(v) Arrangements described in section (health savings accounts (HSAs)).
(d) Effective/applicability dates See for the discussion of the relevant effective and applicability dates.
[T.D. 9492, 75 FR 38702, July 6, 2010; 75 FR 46844, Aug. 4, 2010]