Sherwin-Williams Company Employee Health Plan Trust - Page 11




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                              (i) In general.–-In the case of any                     
                         organization described in paragraph (9) * * *                
                         of section 501(c), a set-aside for any pur-                  
                         pose specified in clause (ii) of subparagraph                
                         (B) may be taken into account under subpara-                 
                         graph (B) only to the extent that such set-                  
                         aside does not result in an amount of assets                 
                         set aside for such purpose in excess of the                  
                         account limit determined under section 419A                  
                         (without regard to subsection (f)(6) thereof)                
                         for the taxable year (not taking into account                
                         any reserve described in section                             
                         419A(c)(2)(A) for post-retirement medical                    
                         benefits).                                                   
               The Trust as a VEBA that is funded by, inter alia, employer            
          contributions is subject to sections 41913 and 419A.  Section               
          419A(a) provides:                                                           
               SEC. 419A. QUALIFIED ASSET ACCOUNT; LIMITATION ON                      
               ADDITIONS TO ACCOUNT.                                                  
                    (a) General Rule.–-For purposes of this subpart                   
               and section 512, the term “qualified asset account”                    
               means any account consisting of assets set aside to                    
               provide for the payment of--                                           
                        *     *     *     *     *     *     *                         
                         (2) medical benefits * * *                                   
               Section 419A(c) imposes an account limit on the Trust’s                
          qualified asset account, as defined in section 419A(a).  Section            



               13Sec. 419 prescribes rules governing the deductibility of             
          contributions paid or accrued by an employer to a welfare benefit           
          fund.  The amount of such a deduction allowable under sec. 419 is           
          determined by reference to, inter alia, any addition to a quali-            
          fied asset account determined under sec. 419A(b).  Sec. 419A(b)             
          provides that no addition to any qualified asset account may be             
          taken into account for purposes of sec. 419 to the extent such              
          addition results in the amount in such account exceeding the                
          account limit, as defined in sec. 419A(c).                                  





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Last modified: May 25, 2011