Non Amender VCP Submission

[PensionPro]

On takeover we have a plan that was amended for TRA 86 using a prototype document for which an opinion letter is available, but the base document and FDL (client believes they applied for it, but are unable to retrieve a copy) are not available.

My question is: does the lack of a FDL open the door for the IRS to request documents prior to the TRA 86 document restatement?

Also I believe an application for FDL is not required with the VCP submission since we are restating to GUST and EGTRRA volume submitter documents. Is that correct? In case we decide to apply for a FDL should we apply for FDL only for the EGTRRA document?

Thanks for any help!

[Guest Sieve]

Look at this QAB: http://www.irs.gov/pub/irs-tege/qab_090806.pdf

[PensionPro]

Thanks, Sieve, appreciate the useful cite. Any insight into the question about applying for FDL with the VCP submission?

[Kevin C]

I wouldn't be so quick to give up on the prior determination letter. If they filed for one, you can request a copy from the IRS.

http://benefitslink.com/boards/index.php?s...st&p=213841

What prototype document did they use for the TRA 86 restatement? If they used one of the major providers, you may be able to find a copy.

For the determination letter requirements for VCP, look at Rev. Proc. 2008-50, Section 6.05.

.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.

[PensionPro]

Thanks for the helpful response. We are in fact requesting the prior DL from the IRS. We are still trying to determine whose prototype document they used. It is not one of the major providers. It seems to be a TPA firm's but since the base doc is missing it is a little more difficult to drill down but we are working on it. Thanks again.

[PensionPro]

Plan eff 1/1/97. Orig docs not available. Adoption agreement available for restatement eff 1/1/1 (seems to be TRA 86, opinion ltr available, but base docs not available). No FDL was ever issued on this plan. No GUST or EGTRRA docs were adopted.

Is this a good candidate for a John Doe submission? Any other suggestions? Thank you!