5305-SEP, okay to submit a March 2002 version under VCP

[katieinny]

The employer last updated their 5305-SEP in 2002 (revision date 3-2002), which is considered to be updated for EGTRRA. Now that we are doing a VCP submission due to contribution errors, I'm wondering if the IRS will say they should have updated onto the 5305-SEP with a December 2004 revision date, or is the 2002 version okay to submit with the filing? If they do have to adopt the 2004 version, does that increase the filing fee since we would be adding on a non-amender problem along with the contribution errors?

[Gary Lesser]

The 2002 version is acceptable. Subsequent versions did not require adoption by employers that had adopted/executed the 2002 version of that form.