Failure to date plan documents

[Guest Smokin]

We have been asked what to do about an IRS auditer taking the position that plan amendments must be dated as well as signed. The plan sponsor has signed the documents and certified that they were timely made but the agent is pressing for more.

Does the IRS have the authority to do this?

As a matter of administrative practice, does anyone know what the IRS does in this situation?

[Bill Presson]

We have been asked what to do about an IRS auditer taking the position that plan amendments must be dated as well as signed. The plan sponsor has signed the documents and certified that they were timely made but the agent is pressing for more.

Does the IRS have the authority to do this?

As a matter of administrative practice, does anyone know what the IRS does in this situation?

Authority, probably.

But at the Benefits Conference of the South a few weeks ago both Andy Zuckerman and Monika Templeman claimed that they just want to see evidence that the documents/amendments were adopted timely even if they weren't properly signed.

I would ask the IRS auditor to get technical advice and if you still don't get a good answer, then contact either Andy or Monika.

[Belgarath]

What kind of amendments? Are these unilateral interim amendments from a service provider for pre-approved plans, (many of which don't even need to be signed) or are they discretionary amenements or IDP plans?

[EPCRSGuru]

I suppose this is too easy and that it has already been thought of.... Our amendments include a Board of Directors vote for corporations (and similar Actions for other sorts of entities) authorizing and directing a person to execute them. I have ahd these accepted without comment when submitting terminating plans for determination letters.