vcp non amender

[k man]

if you have a non amender using a prototype plan will the IRS accept the 5307 DL application with the VCP application in light of the fact that they arent accepting determination letter applications for prototypes anymore.

[Lou S.]

Good queation I have the same one. With pre-approved doc do you still need DL submission?

Also has anyone submitted a VCP application where the client could locate NO PRIOR DOCUMENTS? Is it even possible to submit this as VCP?

[Kevin C]

If you correct the non-amender failure with the adoption of model amendments and/or model amendments, a DL submission is not required. See Rev. Proc. 2013-12 Section 6.05(1). With us being well beyond the time to submit EGTRRA pre-approved plans and with the recent changes to the submission program for the next generation of prototypes, I doubt they would accept a DL filing on a prototype.

The whole idea of the correction programs is to give plan sponsors a way to get their plans in compliance. I don't see why they would turn away anyone who wanted to submit under VCP as a non-amender.