PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE TREATED AS IN EFFECT AS OF CLOSE OF YEAR.

SEC. 201. PLAN ADOPTED BY FILING DUE DATE FOR YEAR MAY BE TREATED AS IN EFFECT AS OF CLOSE OF YEAR. (a) [26 U.S.C. 401] In General.—Subsection (b) of section 401 of the Internal Revenue Code of 1986is amended— (1) by striking “Retroactive Changes in Plan.—A stock bonus” and inserting“ Plan Amendments.— “(1) Certain retroactive changes in plan.—A stock bonus” ; and (2) by adding at the end the following new paragraph: “(2) Adoption of plan.—If an employer adopts a stock bonus, pension, profit-sharing, or annuity plan after the close of a taxable year but before the time prescribed by law for filing the return of the employer for the taxable year (including extensions thereof), the employer may elect to treat the plan as having been adopted as of the last day of the taxable year.” . (b) [26 U.S.C. 401 note] Effective Date.—The amendments made by this section shall apply to plans adopted for taxable years beginning after December 31, 2019.