Form 8951 User Fee for Application for Voluntary Correction Program (VCP) Under the Employee Plans Compliance Resolution System (EPCRS) OMB No. 1545-1673 For IRS Use Only Amount paid $ (Rev. September 2016) Department of the Treasury Internal Revenue Service Information about Form 8951 and its instructions is at www.irs.gov/form8951. Attach to Form 8950. 1 Name of plan sponsor (employer if single-employer plan) 2 Plan sponsor's employer identification number 3 Plan number 4 Plan name 5 Number of plan participants. See instructions to determine this number. 6 If you are submitting a check for an additional VCP user fee that has been requested by an IRS employee in Voluntary Compliance, check this box and the VCP case number and provide the check amount $ 7 For qualified retirement plans under sections 401(a) and 403(b) that do not qualify for a reduced or alternative user fee, as described below on line 8. Enter the general user fee amount $ based on the number of plan participants. Do not complete line 7 if you qualify for a reduced or alternative fee as described below on line 8. 8 Reduced and alternative user fees for VCP submissions (a) Plan is a section 401(a) or 403(b) plan that qualifies for a reduced fee associated with specific failures and under certain conditions. See instructions. (b) VCP submission relates to a request for a minor modification of a previously issued compliance statement. See instructions. Check box, if applicable and enter enclosed fee. . Enter fee amount $ Enter fee amount $ (c) Plan is a SEP, SARSEP, or SIMPLE IRA. See instructions. Enter fee amount $ (d) Group submission from an eligible organization. See instructions. (e) Terminating orphan plan. A terminating orphan plan may be granted a waiver of the fee upon request. See instructions. Enter fee amount $ No fee is due at this time. No payment is due at the time of filing. (f) Plan is a section 457(b) plan. See instructions. For Paperwork Reduction Act Notice, see instructions. Cat. No. 37771W Form 8951 (Rev. 9-2016) American LegalNet, Inc. www.FormsWorkFlow.com Form 8951 (Rev. 9-2016) Page 2 Section references are to the Internal Revenue Code unless otherwise noted. Future Developments For the latest information about developments related to Form 8951 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/form8951. What's New The IRS has classified fees associated with the Voluntary Correction Program (VCP) as user fees subject to section 7528. For 2016, user fees for VCP submissions are set forth in Rev. Proc. 2016-8, section 6.08. User fees for VCP submissions are currently published as part of the annual revenue procedure for the user fee program of the IRS as it pertains to requests for letter rulings, determination letters, etc., on matters under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division. Beginning in 2017 and each year thereafter, the user fees for VCP submissions will be published as part of an annual Employee Plans revenue procedure. Taxpayers should refer to the revenue procedure in effect at the time they file their submission with the IRS to determine the VCP user fee. The IRS no longer lists specific user fee amounts on this form. Applicants will enter the applicable fee amount when completing the form. For the current user fees, go to the applicable annual revenue procedure or IRS.gov at www.irs.gov/ retirement-plans/voluntary-correctionprogram-fees. General Instructions Purpose of Form Generally, a user fee is required with each VCP submission. Use Form 8951 to submit the applicable fee for the VCP submission. Attach a check to Form 8951 payable to the "United States Treasury" for the full amount of the fee. If you do not include the full amount of the fee, your submission may be returned or closed with no action. In addition, include a photocopy of the check with your VCP submission. If you have multiple plans (for example, a profit-sharing and a money purchase plan), submit a separate VCP submission (including a separate Form 8951) for each plan. Submit a separate check, including a photocopy of the check, for each VCP submission. Your check may be converted to an electronic fund transfer. An electronic fund transfer is the process by which the IRS electronically instructs your financial institution to transfer funds from your account to the Treasury's account, rather than processing your check. By sending your completed, signed check to the IRS, you authorize the IRS to copy your check and to use the account information from your check to make an electronic fund transfer from your account for the same amount as the check. If the electronic fund transfer cannot be processed for technical reasons, you authorize the IRS to process the copy of your check. The electronic fund transfer from your account will usually occur within 24 hours, which is faster than a check is normally processed, so it is important that you have sufficient funds available in your checking account when you send the IRS your check. Your financial institution will not return your cancelled check to you. Information about correcting plan errors and examples of how to determine the user fee is available at www.irs.gov/retirementplans/correcting-plan-errors. checks to the IRS for any fee matters unless the applicant has received specific instructions from the IRS. User Fee for VCP Submissions Line 7 For qualified retirement plans established under section 401(a) or 403(b), enter the amount of the applicable general user fee you are including with your VCP submission. The general user fee amounts for these types of retirement plans are based upon the number of plan participants. Follow the Determining the Proper User Fee section in these instructions, later. Do not complete this item if you qualify for a reduced or alternative VCP fee listed on line 8. For the current user fees, go to the applicable annual revenue procedure on IRS.gov at www.irs.gov/retirement-plans/voluntarycorrection-program-fees. Lines 8(a)­(f) Check the appropriate box and if applicable, enter the user fee for VCP submissions involving reduced or alternative fees for certain section 401(a) and section 403(b) plans, SEP, SARSEP, or SIMPLE IRA retirement plans; group submissions; terminating orphan plans; 457(b) plans and minor modifications of a previously issued compliance statement. For the current user fees, go to the applicable annual revenue procedure on IRS.