The Internal Revenue Service (IRS) issued Revenue Procedure 2018-52 on September 28, 2018, which updates the Employee Plans Compliance Resolution System (EPCRS). Revenue Procedure 2018-52 significantly changes how Voluntary Correction Program (VCP) applications are filed with the IRS. Effective April 1, 2019, the IRS will only accept electronically transmitted VCP applications. The IRS will reject and return any VCP application submitted via traditional mail on or after April 1, 2019. From now until March 31, 2019, a VCP applicant may choose whether to file by mail or electronic transmission. The prior iteration of EPCRS, Revenue Procedure 2016-51, continues to apply to paper applications mailed to the IRS on or before March 31, 2019.

Beginning April 1, 2019, a VCP applicant must electronically transmit, and pay the filing fee for, the application using www.pay.gov. An application submitted through www.pay.gov must include an electronically signed IRS Form 8950 (application for VCP submission), and other required IRS Forms and corrective documentation. All application materials must be uploaded to the website as a single PDF document, which cannot exceed 15MB.[1] The VCP filing fee must be electronically paid on www.pay.gov via Automated Clearinghouse (ACH), credit card, or debit card. The IRS provides a receipt to document and confirm the successful submission of the VCP application and filing fee.

The new EPCRS guidance provides details about the VCP applicant’s power of attorney authorization (e.g., Fortune 500 company authorizes Winston & Strawn). An authorized legal representative may electronically file a VCP application on behalf of the applicant. A legal representative can submit the application on www.pay.gov if the uploaded PDF file includes the following information.

  • A special penalty of perjury statement signed by the applicant that states, “[u]nder penalties of perjury, I declare that I have examined this submission, including accompanying documents, and, to the best of my knowledge and belief, the facts presented in support of this submission are true, correct, and complete.”
  • A signed and dated IRS Form 2848 (power of attorney and declaration of representative).

EPCRS’s new electronic filing system is an enhanced tool that will ease the administrative burden of correcting operational and plan document qualification failures. If your company is considering a VCP application, contact us to find out how we can help. Winston & Strawn has a team of professionals ready to assist with the new electronic VCP filing process.