Beginning January 1, 2022, the IRS no longer permits VCP submissions to be made anonymously. If an authorized representative wishes to discuss a potential VCP submission with the IRS an anonymous written request for a pre-submission conference can be made. See Revenue Procedure 2021-30 PDF, Section 10.10.
Through December 31, 2021, the IRS continues to accept anonymous VCP submissions. Follow the submission procedures set forth in Revenue Procedure 2019-19, Section 10.09 as discussed below.
If you maintain a retirement plan, you may make an anonymous submission through the Voluntary Correction Program (VCP) (Rev. Proc. 2019-19, section 10.09) if you:
- haven¡¯t been operating your plan according to its written document or the Internal Revenue Code (IRC);
- want to propose an alternative way to correct plan errors under the Employee Plans Compliance Resolution System (EPCRS); and
- don¡¯t want to identify yourself to the IRS.
However, carefully consider some of the differences between coming in anonymously, as opposed to disclosed, before making an anonymous VCP submission:
- If the IRS can¡¯t agree with you on a correction and closes the case without issuing a compliance statement, you will not be refunded your paid user fee.
- The submission provides no audit protection as the IRS lacks the plan and plan sponsor¡¯s identity. If the IRS audits the plan before you disclose the identity of the plan and the plan sponsor to the IRS it will not be eligible for VCP.
- Anonymous VCP submissions don¡¯t receive priority processing by the IRS.
- Preparing an anonymous submission may require extra time because you must remove identifying information from any supporting documents (for example, you must redact the plan sponsor¡¯s and the plan¡¯s identity before submitting documents, etc.).