TEFRA/DEFRA/REA document

[John Feldt ERPA CPC QPA]

Prospect wants to update their plan for missing 20+ years of documents and amendments. They want to submit under VCP as a nonamender, get approval, then terminate the plan. The do not want to request a Determination Letter.

If a plan submits as a non-amender to go back as far as 1986, even if the 3 newly adopted documents are prototypes for TRA'86, GUST, and EGTRRA, doesn't Rev Proc 2008-50 require the plan to also submit for a determination letter?

[Guest Sieve]

I think the answer is that an FDL applicatIon is not required. See Section 10.05 of EPCRS (Rev. Proc. 2008-50), especially the last sentence of (1).

But, for a plan that is that far gone, I'd file for an FDL just to be safe (despite the user fee). You don't want to waste 5 months (the potential length of time before you may get the VCP applicatin returned if it is a bad filing)--I've been waiting since a mid-March VCP rejection to get an incomplete January VCP filing returned, because the IRS has to re-issue the $375 check!