before 'going under' a prior TPA calculated 2007 cross tested contribution.
during this time the company with the plan switched ownership.
the prior owners paid the contribution to the new owner under the assumption it would be paid to the plan.
thus it ended up in an escrow account and wasn't deposited until December 2008.
so, is it simply late and therefore, even though for the 2007 year you have to use use 2008 comp to determine the 415 limit?

Good question. It's certainly being contributed after the 415 crediting deadline. On the other hand, could it be exempt from that deadline as a "corrective contribution?"