EPCRS

[austin3515]

I always thought if you were going in under EPCRS you had to go in with everything that you know is incorrect. Is that correct? So as an example, can you go into EPCRS for failing to do the Top-Heavy Minimum, but not the ADP refunds that were done late.

For the sake of argument assume none of this can be self-corrected.

Follow-up: What if the ADP refunds were never done and won't be done? Does that bar you from doing a submission regarding the THM?

Believe me , this is a 100% hypothetical, I'm just trying give a good example to understand how the system works, and what you're options are under the program. Sometimes you might want to correct and submit for one failure, but not the other.

Put it another way, do you have to represent that these are the only problems you are aware of?

[ETA Consulting LLC]

You're not signing under the penalty of perjury that you're correcting everything to your knowledge, but that you are not hiding an abusive transaction. Hence, there is no legal requirement that you "fix everything". "HOW - ever". When I file, I cannot fathom not including every single error that I am aware of (even items that may be corrected under SCP 'since I am already submitting). The compliance letter you receive will only protect you from items you included in the submission. If you happen to get audited while the plan is being submitted, you do not have immunity from those items that were not included in the submission. So, you "MUST" include everything that you know is incorrect.

Good Luck!