Adding profit Sharing provisions

Inquiring if regs allow the addition of profit sharing provisions as follows:

During the 2020 calendar year, a client starts/sponsors a new Plan, with elective deferral provisions only, effective 01/01/2020. Plan executed 02/01/2020. During the 2021 calendar year, the client wishes to add profit sharing beginning 2020 (as of the original effective date of the Plan). 

Because the client has until their tax filing to make a Profit Sharing Contribution, is it fair/accurate to say that the client may add PS as of 01/01/2020 as long as the amendment is executed by their tax filing?

3 minutes ago, Robin Wilson said:

with elective deferral provisions only, effective 01/01/2020. Plan executed 02/01/2020.

But they were not allowed to defer until 02/01/2020, correct? 

3 minutes ago, Robin Wilson said:

is it fair/accurate to say that the client may add PS as of 01/01/2020 as long as the amendment is executed by their tax filing?

They can generally do this, unless the timing of the amendment is discriminatory under 1.401(a)(4)-5. For example, lots of NHCEs vs HCEs terminated employment in 2020 and now they want to add a PS with last day of the year requirement for a PS allocation, retroactive to 01/01/2020

20 hours ago, Robin Wilson said:

Because the client has until their tax filing to make a Profit Sharing Contribution, is it fair/accurate to say that the client may add PS as of 01/01/2020 as long as the amendment is executed by their tax filing?

I'd say so even before the SECURE Act, but with no doubt now since you can create a new plan up to the due date of the tax return.

Correct that couldn't defer until 02/01/2020. No mass terminations. Just so I'm clear, ok to add PS in the following year of a new plan as long as it's before the tax filing of the Plan - correct?