IRS Updates Determination Letter Procedures Regarding Incomplete Applications
The IRS recently issued new guidance on how it will process determination letters starting February 1, 2015. Specifically, once the IRS receives a determination letter application, it will review that application to determine that the plan sponsor has included all the required information set forth in the procedural requirements checklist of the applicable IRS form. If an item is missing, the IRS will contact the plan sponsor in writing to request the information. The plan sponsor will then have 30 days to respond with the missing information. If the plan sponsor fails to respond within 30 days, the IRS will close the case and retain the applicant’s user fee. The plan sponsor has the opportunity to submit a new on-cycle application before the end of the plan’s applicable remedial amendment cycle.