Filing determination on ESOP doc. Cycle E

[Guest sugar daddy]

Plan of 79 participants non-leveraged, individually designed ESOP has to be submitted prior to 1/31/11.

I have the following items ready for submission:

1) Form 5300 (App. for Determination)

2) Form 5309 (App. for Determination of ESOP)

3) Form 8821 (Tax Info Authorization)

4) Form 8717 (User Fee)

5) User fee to Treasury for $1000

6) Notice to Interested Parties

7) Plan doc. restated effective 1/1/02 and subsequent amendments and last determination letter

I feel I have everything I need. Does anyone see a glaring omission(s) ?

Thanks

[Guest 409 eh?]

I hate to tell you, but you need a restated plan document, which means a single document incorporating all prior amendments. It will probably be very difficult to get/create such a document by 1/31.

[Peanut Butter Man]

I agree with Sugar Daddy - you need a restated plan document using a Cycle E plan document that contains all of the items listed in Notice 2009-98.

Section 6.05 of Rev. Proc. 2010-6 contains the requirement to include a copy of the plan document. It states:

".05 Except in the case of applications involving master and prototype plans filed on Form 5307 or determination letters for volume submitter plans under section 9.02(2)(d), a complete copy of the plan and trust instrument is required to be included with the determination letter application. All changes made to the most recently approved version of the plan may be, but are not required to be, redlined or highlighted. The determination letter application must also include a copy of the signed and dated timely good faith EGTRRA amendments, required interim and other plan amendments (even if these amendments are dated earlier than a previous determination letter issued with respect to the plan) to show that the conditions for eligibility for the EGTRRA remedial amendment period as set forth in Notice 2001-42 are satisfied. Also see sections 7.03 and 7.04 for what must be included with applications involving plan amendments.

In order for documents to be properly scanned, documents submitted should not be stapled or bound."

[Guest sugar daddy]

Thank you for your responses

well, back in 2005 a EGTRRA restated doc was created with an effective date of 1/1/02. it was not submitted for determination at the time. I am curious to know if a new plan was created, what would the effective date have to be? 1/1/11?

I guess the sponsor could get an Individually Designed Plan from Corbel. Determination letter filing is optional, correct?