Lete deposit of deferrals - file under VFC or not?

[Belgarath]

I'm taking a poll here. Since 403(b) plans are not subject to the 4975 penalties, late deposits of deferrals are not subject to paying the excise tax on a form 5330.

My poll question is this - when you have late deposits of deferrals on an ERISA 403(b) plan, do you:

A. Do nothing.

B. File under VFC, under the approach that ERISA 502(i) applies.

C. Other.

[Flyboyjohn]

My recommendation to all 401(k) and ERISA 403(b) plans is to file under VFCP if the amount of late deposits reported on the 5500 exceeds $30,000 (the threshold the DOL Philadelphia office used to "invite" filings based on 2015 5500s).