If an individually designed plan were amended for GUST by December 31, 2001, is there a deadline to submit to the IRS? Or does the plan have to be submitted?

If a new individually designed plan was established in 2001 (in compliance with GUST), does that plan have to be submitted?

No plan has to be submitted for a determination letter. But be sure to get a picture of the auditor's face when the auditor asks for the determination letter and you tell him the plan does not have one.

I firmly believe that all individually designed plans should have a determination letter to protect the client (and the TPA). I am not sure what the deadline would be for an IRS submission of these Plans. I am sure others can help with that info? Thanks.

As pointed out, there is no deadline because filing is optional in your situation. However, it is advisable. And, in order to get a retroactive letter covering GUST, the submission should have been made by the later of 2/28/2002 or the last day of the plan year beginning in 2001. However, for the plan established in 2001, I think you could use the general remedial amendment period and file by the due date (plus extensions) of the employer's fiscal year beginning in 2001. For a calendar year plan, that would give you longer than 2/28/02. Of course, regardless of the plan year/fiscal year, the deadline for getting a retroactive letter has passed. You could file now, but you'd only get a prospective letter and you'd need to be prepared to explain to the IRS reviewer why you weren't required to get a letter earlier.