Plan has not been attended for years - what to do to bring it up-to-date?

Hi

I am not a DC person in general and was asked to do a favor to someone for a plan that is in trouble.

Plan is a DC plan with deferral, 3% non-elective safe harbor and profit sharing provisions.

Plan effective date is 1/1/2015.

Only 5500 filing was done for 2015 but under DVFC program.

I am assuming the document is a PPA document so should be ok as just needs to be updated for Cycle3 - no confirmed yet. I am not sure if any statutory amendments were required, to be checked.

Nothing has been done since then, no filings, no SH notices, no nothing.

As no letters have been received for missing 5500 forms yet, i am assuming that it is ok to file all missing years under DVFC, correct?

I will have test/check each year for contributions made (or missing) and wanted to see what needs to be done if corrections are required - all may need to be done under VCP unless eligible for SCP:

• What if SH contributions were missed and/or not correctly calculated?
• What if any new employees were eligible and never provided deferral elections forms, SH allocations SPD etc?
• What if PS contributions were made and plan did not satisfy 410b and/or 401a4 - formula is group based i.e. not safe harbor

Any other questions I am not asking? I am aware that there are a lot check when and if i get any information for each year.

Usually I would like to run away from these but...

Thank you

Follow up

I am fairly certain that no SH notices were provided each year. What is the impact of this?

Thank you

Jakyasar, you are going to submit this to IRS under VCP, right?

I do not see any other options, are there?

I find it odd that there wasn't an IRS letter somewhere.

Maybe they didn't pick it up b/c the first and only filing was under DFVCP?

Your guess is as good as mine.