ADP test failed and returns not done before 12-31-07

[Guest tlc@cra]

Need help because I may be putting too much thought into this. It was just brought to my attention that we had an adp failure for 2006 and the corrective distributions have not been done yet. Today is 01/08/2008. This is my first experience with this situation.

I have been reviewing Rev Proc 2006-27. I see the Correction methods and examples Section 2.01 and One to One Correction method. Since there is a choice, of course One to One looks better. The returns total $2000. Give an employer QNEC of $2000 spread pro rata to all eligible employees. Return the $2000 to the HCE. Issue a 1099 in 2009 with a code 8. I assume the $2000 should have earnings as if deposited by 12/31/07.

Ok this seems rather simple and not a "huge" cost for such a big mistake. Am I missing something?

Also this correction shows as an operational failure where I view it as a demographic failure (401(a) 4 failure) . So SCP is ok and no need for VCP?

I wonder if this correction method described is for when the test was completed, and later discovered census information was inaccurate or something causing new test to be run that in a later year fails.

Any advice would be great because my brain is getting tired.

[Guest B2Randolph]

Your situation is exactly what the IRS has previously explained to us is the reason for the One-to-One self correction.

They just want correction and don't want to penalize employers who catch and fix problems quickly.

Yes, earnings should be assessed on the additional contributions.

Good luck.