PLAN ADOPTED AND FILED BUT NEVER IMPLEMENTED

[KJohnson]

AN EMPLOYER SIGNS AND ADOPTS A SIMPLE 401(k) PLAN BASED ON A V.S. DOCUMENT. THE PLAN RECEIVES A DETERMINATION LETTER.

TWO YEARS LATER, NOTICES ARE RECEIVED FOR FAILURE TO FILE 5500s. THE EMPLOYER STATES THAT THEY DECIDED NOT TO IMPLEMENT THE PLAN AND NEVER SENT OUT SPDs, ENROLLMENTS ETC. THE PLAN HAS NO ASSETS.

ANY THOUGHTS ON WHAT TO DO NOW?

[Guest]

I'd write a nice letter back to the IRS explaining the situation. I think I'd be more concerned about the corporate governance issues.