Corporations A B and C each maintained a 401(k) plan. Each companiy was acquired by company D and each plan was merged into company D's 401(k) plan, which is now being filed for a determination letter. It has now been discovered that the plans for company A B and C may not have been in full compliance with GUST or subsequent amendments. If the IRS discovers the mergers upon the review of company D's plan, this could be a problem???

I'd like to file a VCP to clean this up, but the question is under what plan do I file the VCP? Since plan's A B and C do not exist any more, and plan D is tainted, I will file under plan D's name and disclose the mergers of A B and C. What I don't want to do is to file three or four separate VCPs. please confirm that one filing will take care of this. tnks.

As to getting a determination letter for the plan after merger, see the IRS quality assurance bulletin here: http://www.irs.gov/pub/irs-tege/qab_022603.pdf

As to VCP for the plan after merger, searching Revenue Procedure 2008-50 for "transferred assets" might help you.

See also the IRS discussion here: http://www.irs.gov/pub/irs-tege/win09.pdf#page=3