Filing deadlines

[Belgarath]

Let's say a Cycle B filer adopts a new individually designed plan in 2010. (Modification of a pre-approved VS plan document - from whom I have no idea as I haven't seen it, although I think perhaps Datair ight have been mentioned.)

I'm just trying to figure out if I'm nuts. The normal deadline would be 1/31/2013, right? But if client wanted to submit sooner, it appears that it would be eligible for preferential review under Section 14 of Revenue Procedure 2007-44 - excerpt below. Would you agree?

(2) A new individually designed plan whose next regular on-cycle submission period ends at least two years after the end of the off-cycle submission period during which the plan sponsor submits its application. For this purpose, a new individually designed plan is a new plan that as of the date the application is submitted with respect to the plan would be a new plan within its initial remedial amendment cycle under §1.401(b)-1(b)(1) of the regulations, as summarized in section 2.03 of this revenue procedure (determined without regard to the extension under section 5.03 of this revenue procedure).

[Belgarath]

No takers? How about this - new IDP, effective calendar year 2010, EIN ending in 0 so is a cycle E filer. Am I correct that the client has until the later of the Cycle E (which ends 1/31/2011) or the tax filing deadline plus extensions? Or is there an even longer deadline?

[Guest bobolink]

I'll take this one. I have the same question. Look at QAB 2007-2, issued September 27, 2007. The initial Remedial Amendment Cycle for a new plan is the cycle that includes the date on which the initial remedial amendment period ends. So, if the normal cycle is E and the initial remedial amendment period closes in A, can submit in cycle A.

Where'd you get the deadline for filing sponsor's tax return plus extension idea. I've never heard of that.

[Belgarath]

"Where'd you get the deadline for filing sponsor's tax return plus extension idea. I've never heard of that."

From Revenue Procedure 2007-44, section 2, .03.

I'll have to look up the reference you cited. I'm not familiar with that. So does this mean that for a Cycle E filer who adopted a new plan in 2010 and has a tax filing extension to 9/15/2011, and who under the Rev. Proc. reference I provided would therefore have until 9/15/2011, that they really have until 1/31/2012? Then they go back "on cycle" for future filings?

Maybe it's just me, but I really do think this whole subject is excessively complicated.

Thanks.

P.S. I had a hard time finding it, but finally did. Now I'll read it. thanks for the reference.

[Guest bobolink]

"Maybe it's just me, but I really do think this whole subject is excessively complicated."

I am confident it's not just you and it's not just you and me, either!

Bottom line, I think the applicable deadline in this scenario is January 31, 2012.