Nonamender

[nancy]

I have a client who has not amended their plan since ERISA. I've been able to put together all the documents. However, the TEFRA,DEFRA, REA Restatement is an individually designed document and the Tax Reform and GUST are regional prototypes. My question is - which 5300 series form do I use to file for the determination letter with the VCP filing? This is a straight forward profit sharing plan. Can I use a Form 5307 since the last document is a Regional Prototype?

[Guest Patrick Foley]

I just got a compliance statement on a plan established under TEFRA and never amended thereafter. We submitted a current document only -- GUST with EGTRRA amendments -- no TRA-86 document at all. Since the plan is terminating we filed Form 5310.

[namealreadyinuse]

Technically I don't think you can use a 5307 if the plan was once an unpaired non-prototype.

Patrick - I am shocked that you got that through without some dead language and effective dates in the GUST and EGTRRA document.

[Guest B2Randolph]

I have a client who has not amended their plan since ERISA. I've been able to put together all the documents. However, the TEFRA,DEFRA, REA Restatement is an individually designed document and the Tax Reform and GUST are regional prototypes. My question is - which 5300 series form do I use to file for the determination letter with the VCP filing? This is a straight forward profit sharing plan. Can I use a Form 5307 since the last document is a Regional Prototype?

Yes, you can file on a 5307 form. If they want any additional information (which they may not) they will ask for it anyway. We've done it many times! If it weren't for being a VCP filing, I would encourage you to first try submitting only the current plan document and see if they ask for the others.