Existing Profit Sharing Plan to be terminated

[John Feldt ERPA CPC QPA]

Qualified plan, calendar year profit sharing plan. Intends to contribute their profit sharing for 12/31/2008 (by April 15, 2009). Intends to make no further contributions.

Has not yet signed a resolution to terminate (nor have they adopted all amendments that would be required to update the plan as of a current plan termination date).

Let's assume they adopt a resolution to terminate now (say the plan termination date gets set as April 15, 2009) and they also adopt an amendment to update the plan for all of the recent laws/regulations (HEART, WRERA, etc). Also assume the contribution made on April 15, 2009 is the last contribution, it is allocated in 2008 and no contributions are made or allocated in 2009.

Can they now adopt a SIMPLE for 2009?

[Belgarath]

Yes, IMHO.