April 4, 2019 posted by

On August 14, , Revenue Procedure was published updating the Employee Plans. Compliance Resolution System (EPCRS). Rev. Proc. , section (1)(a), modified and amplified. Rev. Proc. 9 clarified , I.R.B., , Chart of Significant Changes to EPCRS. Rev. Proc. Section. Topic. Changes from Rev. Proc. (new). VCP submission.

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IRS Updates Correction Program for Qualified Plans | McGuireWoods

Streamlined application procedures are available for failures such as certain late amendments, plan loans, employer eligibility, excess elective deferrals and minimum required distributions. For example, overpayments that are rolled into an IRA are subject krs an excise tax. Another small but welcome change in Rev. Simplified Correction Procedures Calculating appropriate earnings is often a problem when correcting a plan reg.

For example, EPCRS now provides guidance on how to correct exclusions from catch-up contributions where eligible employees were denied the opportunity to make deferrals. If you are not a McGuireWoods client, do not send us any confidential information.

IRS Updates Correction Program for Qualified Plans

We may not respond to unsolicited emails and do not consider them or attached information confidential. By clicking “accept” you confirm that you have read and understand this notice. Calculating appropriate earnings is often a problem when correcting a plan failure. Correction of Common Failures Under Rev.

But when an error occurs requiring IRS involvement, the updated EPCRS should generally make it simpler and faster to get a plan back into legal compliance. To use SCP, an employer corrects the failure as specified by IRS procedures and then documents the correction in a detailed memorandum. Plan amendments under SCP can also be used to provide for hardship distributions or loans where such distributions were made but no plan provision authorizing them existed.


When it is not possible to make a precise calculation of the correction amount that the participant actually would have received, EPCRS allows reasonable estimates.

porc VCP requires filing an application to seek IRS approval of the correction and the payment of a user fee. In a welcomed clarification, Rev. EPCRS is a collection of three programs for correcting errors in the form and operation of qualified plans. When the correction is made during the correction period for as little as 65 percent of the affected participants with the remaining corrections made in a diligent manner; or When an employer has initiated a correction during the correction period in a way that shows the employer is committed to completing the correction as expeditiously as practicable and the correction is completed within days after the end of the correction period.

EPCRS now also permits defaulted loans with terms less than the maximum permitted usually five years to be reamortized over the remaining portion of the maximum permissible term. Although corrections of plan loan failures must still be made using VCP, Rev. Periodically reviewing plan administration and procedures, and annually reviewing plan documentation and updating as necessary, are still the keys to ensuring that a qualified plan maintains its tax-advantaged status.

However, the IRS has the discretion to not impose this excise tax going forward if an overpayment plus gev earnings is returned to the plan from the IRA by prod recipient. Please note that unsolicited emails and attached information sent to McGuireWoods or a firm attorney via this website do not create an attorney-client relationship.

Certain Code Section a 17 compensation limit violations and errors involving the early inclusion of rve eligible employees may be corrected in this manner. Exclusions from catch-up contributions may be corrected through an employer contribution equal to 25 percent of the catch-up contribution limit for the year in which the employee was excluded plus applicable matching contributions and missed earnings.


For situations that require a regular VCP filing not covered by the streamlined application, Rev. In particular, EPCRS now provides that matching contributions or non-elective contributions plus any earnings that are forfeited because they would constitute excess annual additions should be placed in a suspense account. Regardless of which program an employer uses, EPCRS generally requires full correction of the failure, which means that the impacted participants and the plan must be made whole.

That means we may disclose unsolicited emails and attachments to third parties, and your unsolicited communications will not prevent any lawyer in our firm from representing a party and using the unsolicited communications against you. The suspense account is then used to offset employer contributions in the prox year and succeeding years. The updated procedures are designed to be more user-friendly and recognize some of the practical realities of plan administration.

The revised EPCRS provides specific guidance on how to report deemed distributions on Form R where the employer desires specific treatment e. The suspense account must be adjusted for earnings, and as long as the suspense account maintains unallocated amounts, the employer may only make elective deferrals to the plan.

According to IRS representatives, a streamlined application often can be processed in a matter of weeks, rather than the six to nine months common with other Prooc applications.