VCP Fee for EGTRRA Non-amender and no prior docs

[12AX7]

Plan sponsor did not amend for EGTRRA and GUST and does not know if he initially adopted a TRA '86 document. My idea was to submit all three documents under VCP as a non-amender. My question is regarding the fee schedule for submission. There are between 51 and 100 participants in the plan. Is the fee $2,500 for all three documents or $2,500 for each document submitted under the program?

Thanks.

[John Feldt ERPA CPC QPA]

Submitted altogther, it should be $2,500 overall. Section 12.02 Rev. Proc. 2008-50. I don't see anything there that indicates that the fee schedule is "per failure", so one fee fixes all.

Three documents to bring them all into compliance, one agent to review them, and one application fee to rule them all (and in the darkened warehouse bind them).

[12AX7]

Thanks John. That's what I thought, but wanted to check. Up to now, I've only done submission of a single document.

[DMcGovern]

I have a possible takeover plan (401(k) safe harbor) that was initially effective in 2005. The client "doesn't know" where their original document is, and did not do any of the required amendments, restatement for EGTRRA. Apparently, the client's accountant has been doing 5500's and they have not done any testing.

If we take this one on, I was thinking of doing the same VCP submission as 12AX7. My question is, what date(s) should be used on the documents for the submission - current, best-guess?

Also, in light of the recent changes to the determination letter process, does that change the requirement to file for a DL under the VCP if using a pre-approved document?

[Kevin C]

The effective dates for the restatements and amendments need to be consistent with what they would have been if the document had been properly maintained.

EPCRS doesn't require submission for a determination letter if the correction by plan amendment is done by adopting pre-approved documents.

Rev. Proc 2008-50 Section 6.05 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.

[DMcGovern]

Thanks for your response Kevin!