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Gust Deadline


KJohnson

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Posted

The IRS has stated that.

An M&P or volume submitter plan that has been amended in a way that would cause the plan to be treated as individually designed is still eligible for the extended GUST remedial amendment period under Section 19 of Rev. Proc. 2000-20, regardless of the nature of the modification or whether the modification was adopted subsequent to, or in conjunction with, the initial adoption of the M&P or volume submitter plan.

How far can this go? Let's say that you have a volume submtter plan as a "base" for your TRA '86 restatement and there are thirty changes within the document that don't fit in the volume submitter? The document does not use an adoption agreement-- so all of these changes are not done with some kind of "snap off" amendment but rather are done internally in the document. The document was orignially filed as an individually designed plan with a 5300? The volume submitter plan of the practitioner is entitled to the extended remedial amendment period. Is the employer who adopted this "inidividually designed" plan still entitled to the extended GUST remedial amendment period?

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