Failure of ADP/ACP test in a partnership

[Guest jkrad]

A partnership failed the adp/acp test for 2004. I am in the process of having the deferrals refunded back to the one partner. Does the 10% excise tax apply to them if the money is refunded back prior to April 15(their tax filing deadline) or do they have to have the refund done by March 15 as in the case of a corp?

[WDIK]

I do not believe that IRC 4979 gives any exceptions to the 10% tax other than where the excess contribution is distributed within 2-1/2 months of close of the plan year.