Guest bouncingsoul Posted February 8, 2007 Posted February 8, 2007 Is anyone familar with what correction program a client would you if a Plan Document was never established but the plan has been operating as if it was?
401_4_ever Posted February 8, 2007 Posted February 8, 2007 VCP with a retro-amend. Pray once the IRS gets the VCP they don't deny it. Run, don't walk to an attorney.
Blinky the 3-eyed Fish Posted February 9, 2007 Posted February 9, 2007 I'd be wary that even VCP will offer a solution. You definitely want to submit anonomously if you go that route. I don't see a positive legitimate outcome here. "What's in the big salad?" "Big lettuce, big carrots, tomatoes like volleyballs."
Jim Chad Posted February 9, 2007 Posted February 9, 2007 Is there any chance that this was a SEP or SARSEP and that instead of a Plan Document, they just filled out the form 5305? Do the Participants have individual investment accounts? It is a long shot, but I thought I would ask?
Peanut Butter Man Posted February 10, 2007 Posted February 10, 2007 You definitely want to talk to an ERISA attorney before approaching the IRS on your own. If they were also pretending on their corporate tax returns that they had a plan by taking deductions for the contributions, you have more problems than VCP can resolve. You will need a more comprehensive settlement agreement with the IRS.
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