Is DL needed with VCP submission?

[DLavigne]

We have several plans that are missing interim amendments since the GUST restatement and we're having them signed now and filing with VCP. All our documents are Corbel's prototype or VS docs. Do we need to also apply for a determination letter? I'm confused by what I read in EPCRS. It seems like it only addresses that issue for IDPs. I'm hoping that because these docs already have an opinion or advisory letter, we only need to do VCP.

Thanks.

[Kevin C]

Look at section 6.05 of Rev. Proc 2008-50:

.05 Submission of a determination letter application. (1) In general. This section 6.05 sets forth the situations in which a determination letter application is required to be submitted as part of the correction of a Qualification Failure if the correction includes a plan amendment. If a determination letter is required under this section 6.05, then, unless otherwise specified in this revenue procedure, the provisions of Rev. Proc. 2007-44 will apply. Thus, for example, in the case of an ongoing individually designed plan, a determination letter application will be reviewed with respect to all items of the Cumulative List (as defined in Rev. Proc. 2007-44) that would apply to the remedial amendment cycle during which the determination letter is filed. Notwithstanding any other part of this section 6.05, a determination letter is not required if the correction by plan amendment is achieved through the adoption of an amendment that is designated as a model amendment by the Service or the adoption of a prototype or volume submitter plan with an opinion or advisory letter as provided in Rev. Proc. 2008-6, 2008-1 I.R.B. 192, on which the Plan Sponsor has reliance.

[DLavigne]

Hi Kevin,

Thanks for your response. I read that section and found it somewhat confusing but maybe that's just me. I also had read a Technical Update from Relius yesterday that had a Q&A about the process for nonamenders, which provided a link to an article on irs.gov. I found that to be confusing too because it was really only referring to IDPs. I've probably just been doing too many restatements! I am glad to know that our original determination that we only need to file with VCP seems to be correct.