PART IV. ENCLOSURES
Internal Revenue Bulletin 2008-35 · 2026-10-03 edition · updated 2026-10-04 · United States
In addition to the applicable enclosures listed on Appendix F, the Plan Sponsor encloses the following with this submission:
The applicable plan document. (This could be an IRS form document, such as a Form 5305–SEP or 5305A–SEP, or a prototype plan document developed by a financial institution. If a prototype plan document is used, please send a copy of the most recent favorable opinion letter issued for such plan document).
A written explanation of how and why the failure(s) described in this submission occurred, including a description of the administrative procedures applicable to the failure(s) in effect at the time the failure(s) occurred.
For failures that involve corrective contributions or corrective distributions, a description of assumptions and supporting calculations used to determine the amounts needed for correction:
- For failures to satisfy the nondiscrimination test for elective deferrals, computations in support of the proposed correction, including:
a) The determination of HCEs and NHCEs,
b) The deferral percentages of individual employees and the applicable ADP calculations,
c) The determination of corrective contributions on behalf of NHCEs to correct the ADP test, and,
d) Calculations showing how the earnings adjustment and the ultimate corrective contribution on behalf of affected
employees will be determined. (Please use estimates, including an estimated correction date, if corrective distributions have not been made yet.)
- For failures to make required employer contributions and for failures to provide eligible employees with the opportunity to make elective deferrals:
a) Computations in support of the corrective contribution amounts attributable to each participant. In the case of a failure to provide eligible employees with the opportunity to make elective deferrals, please include computations showing how the average deferral percentage, missed deferral, and corrective contribution amount was determined.
b) Calculations showing how the earnings adjustment and the ultimate corrective contribution on behalf of affected
employees will be determined.
- For failures involving the contribution of Excess Amounts:
a) Computations in support of the excess contribution amounts attributable to each participant;
b) Calculations showing how the earnings adjustment and the ultimate corrective distribution amounts are determined.
(Please use estimates, including an estimated correction date, if corrective distributions have not been made yet.)
Explanations in support of requests for excise tax relief.
Any other information that would be useful for the purpose of understanding the proposals made under the submission.
September 2, 2008 541 2008–35 I.R.B.
APPENDIX F, SCHEDULE 4
SIMPLE IRAs
Plan Name: EIN: Plan #:
(Please include the plan name, EIN, and plan number information on each page of the submission.)
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