IDP owner only plan missed prior restatement, no DL

[TPApril]

PS only husband/wife only Individually Designed Plan restated effective 7/1/08, signed 12/2009. Had rec'd Determination Letter for prior plan doc but did not submit for that one, so currently no effective DL. EIN ends with '2' but no plan doc restatement by 1/31/13.

Restate plan w/VCP? w/out VCP? just wait for next cycle?

[Lou S.]

Restate with VCP seems like the safest, easiest course of action to recommend.

[jpod]

You don't need vcp relief if your plan has been kept up-to-date. Are saying it hasn't been kept-up-to date, or has it been kept up-to-date but they just didn't seek a DL?

[TPApril]

My familiarity with IDP restatement cycles is limited, as well as my access to prior tpa/attorney records on client in question. I believe that they missed a restatement, but nothing has happened in the plan for years since before that, other than distributions.

[John Feldt ERPA CPC QPA]

For an IDP document, no restatement is required unless the plan sponsor wants to submit the document to the IRS to obtain a determination letter - to get the IRS to review the plan, they require the prior amendments to all be restated into the document that you are submitting.

If your client adopted each of their required interim amendments along the way, they do not need to restate if they are not preparing a Form 5300 application.