Nonamender

[Guest mcw]

Facts – Sponsor adopted an individually designed plan in 2006. Sponsor’s EIN ends in 7 so the plan is a Cycle B Plan. Sponsor has timely adopted all interim amendments but failed to amend and restate the plan under Cycle B prior to January 31, 2008. We are currently in the second remedial amendment cycle for Cycle B. Based on my interpretation of Rev. Proc. 2008-50 and the instructions to Appendix F – Streamlined VCP Submission, Sponsor would need to restate the plan under the current cycle (2011 Cumulative List) and submit the Appendix F, Schedule 2, and the VCP Fee under 12.02 of Rev. Proc, 2008-50. Sponsor would also need to submit a determination letter application (Form 5300) with the VCP and include the 2006 plan, the interim amendments, and the 2012 plan.

Questions

1. Is the above correct?

2. On Appendix F, Schedule 2 does the sponsor check the box “The changes required by the 2006 Cumulative List” because that was the Cumulative List that was used for the missed Cycle B restatement or does the sponsor check the box “Other” and state that it failed to restate under the first Cycle B restatement period?

3. Will the sponsor receive a current Cycle B determination letter that is good until the next Cycle B restatement period?

4. Will the IRS require sponsor to provide the first Cycle B document?

Thanks

[Guest jjren]

I believe the answers are all Yes and that "2006 Cumulative List" is the box to check on Schedule 2.