SECTION 12. VCP FEES

.01 VCP fees . The compliance fees for all submissions under VCP are determined under this section 12. All fees must be submitted by check made payable to the U.S. Treasury and, except for the special fees described in sections 12.04 and 12.05(2), must be included with the initial submission.

.02 VCP fee for Qualified Plans and 403(b) Plans . (1) Subject to section 12.02(2), the compliance fee for a submission under VCP for Qualified Plans and 403(b) Plans (including Anonymous Submissions) is determined in accordance with the following chart.

Appendix C check list and is assembled in the following order:

(1) If applicable, Form 8717, User Fee for Employee Plan Determination Letter Request, and the check for the determination letter user fee made payable to the U.S. Treasury.

(2) Determination letter application ( i.e., Form 5300 series form), if applicable

(3) Submission signed by the Plan Sponsor or Plan Sponsor’s authorized representative, with a check for the VCP fee made payable to the U.S. Treasury attached to the front of the submission letter. The submission should include the following:

ures relate to Transferred Assets, include a description of the related employer transaction)

recting failures, including earnings methodology (if applicable) and supporting computations (if applicable)

cate or notify former employees affected by the failures or corrections. If no former employees are affected by the failures or corrections, then the letter should affirmatively state that position when addressing this issue.

cedures that have been or will be implemented to ensure that the failures do not recur

loans corrected under this revenue procedure not be treated as distributions §72(p) is being made and supporting rationale for such request. Alternatively, whether a request that participant loans corrected under this revenue procedure should be treated as distributions in the year of correction is being made and supporting rationale for such request.

excise taxes under §§ 4972, 4974 or 4979 is being requested, and the supporting rationale for such relief

relief from the VCP application fee is being requested, and the supporting rationale for such relief

ing considered in an unrelated determination letter application (if applicable)

under an Exempt Organizations examination

the Plan Sponsor has been a party to an abusive tax avoidance transaction (as defined in section 4.13(2)) or a brief identification of any abusive tax avoid

(3) At the discretion of the Service, the VCP fee may be waived in the case of a terminating Orphan Plan. In such cases,

(2) If (a) the VCP submission involves the failure to satisfy the minimum distribution requirements of § 401(a)(9) for 50 or fewer participants, (b) such failure is the

only failure of the submission, and (c) the failure would result in the imposition of the excise tax under § 4974, the compliance fee is $500.

May 30, 2006 967 2006–22 I.R.B.