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Official form guide

Form 14568B: Model VCP Compliance Statement - Schedule 2: Nonamender Failures for IRC 401(a) Plans

IRS Form 14568B is a Model VCP Compliance Statement - Schedule 2: Nonamender Failures for IRC 401(a) Plans, used to report failures by eligible employers regarding required plan amendments. It must include the plan name, Applicant’s EIN, and plan number on each page.

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Form Overview

IRS Form 14568B - Model VCP Compliance Statement - Schedule 2: Nonamender Failures for IRC 401(a) Plans

IRS Form 14568B is a Model VCP Compliance Statement - Schedule 2: Nonamender Failures for IRC 401(a) Plans, used to report failures by eligible employers regarding required plan amendments. It must include the plan name, Applicant’s EIN, and plan number on each page.

Section I identifies the specific failures (Pre-approved Plans, Individually Designed Plans, All IRC 401(a) Plans). Section II describes how the plan corrected these issues. Section III details the steps taken to prevent future failures.

Risk Radar

Scan points
  • 1Ensure the Plan Name, Applicant’s EIN, and Plan Number are on EVERY page of Form 14568B.
  • 2Failing to list the specific required change for Pre-approved Defined Contribution Plans in Section I.A.
  • 3Not including the plan name, Applicant’s EIN, and plan number on an attachment page.
  • 4Listing a failure but not specifying the year of the Cumulative List/Required Amendments List.
  • 5Omitting the date requirement when reporting failures for Individually Designed Plans.

Plain English

This form shows the IRS when a retirement plan (IRC 401(a)) did not update itself in time according to federal rules. It details which specific legal or regulatory changes were missed by the plan. By filing this statement, the plan sponsor informs the IRS about these 'nonamender failures' so they can seek correction.

Submission Date

  • Filing date: 2023-08-01 22:11:58
  • Preparation window: collect IDs, supporting records, and signatures in advance.
  • Final review: verify names, dates, and required fields before submission.

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Glossary Terms

Hover a term to preview the meaning.

What this form is for

  • Use this form when an eligible employer failed to amend their IRC 401(a) plan by the applicable deadlines regarding various requirements.
  • Do not use Form 14568-B if the failure is not related to a provision of Internal Revenue Code (IRC) Section 401(b).
  • Check for specific required amendments listed in other notices when filing, as this form references cumulative lists from Notices 2004-84, 2007-3, 2010-90, etc.

Form selector

Use this form or another form?

Need to report failure for a specific legislative/regulatory item

Used when the plan was individually designed and failed an amendment cycle prior to January 1, 2017.

Check attachment labeling

Section I.B (Cumulative List)

Need to specify a late amender failure not listed in A or B

Used for failures that do not fit the pre-approved or individually designed plan categories.

Specify the failure clearly

Section I.C (Other Failures)

Submitting with a favorable determination letter condition

Use this section when amendments are required specifically as a condition to receive a favorable determination letter.

Ensure Section II details the proposed correction method.

Section I.C (All IRC 401(a) Plans)

Deadline or filing window

Failures related to pre-approved plans have specific deadlines; for example, a failure regarding the 2004 Cumulative List must be reported if adoption was missed by April 30, 2010. For individually designed plans, the form addresses failures prior to January 1, 2017.

Checklist

What you need before filling it out

1

Identification of Failures (Section I)

Plan Name, Applicant’s EIN, Plan Number · Section I Header

Forgetting to list the plan details at the top of a section.High
2

Pre-approved Plans (Section I.A.)

Specific cumulative lists and adoption dates (e.g., 2017 Cumulative List for DC plans by 7/31/2022) · Section I.A. bullet points

Misstating the required date or plan type associated with a failure.Medium
3

Individually Designed Plans (Section I.B.)

The specific year of the list and IRS notice reference for each item failed. · Section I.B. text block

Failing to attach additional pages when listing multiple failures under this section.High
4

Proposed Method of Correction (Section II)

Description of amendments that satisfy requirements retroactively. · Section II header

Not stating that the correction is retroactive to the effective date of the provision.Medium
5

Enclosures (Section IV)

Copies of signed/dated amendments, prior plan document copy, most recent determination letter (if applicable). · Section IV bullet points

Omitting the copy of the plan document in effect *prior* to any amendment.High

Before you submit

  1. 1Ensure the Plan name, Applicant’s EIN, and plan number are present on every page.
  2. 2Verify that Section I correctly identifies whether the failure belongs to Pre-approved Plans (A), Individually Designed Plans (B), or Other/All IRC 401(a) Plans (C).
  3. 3If using Section I.B., confirm you have labeled any attachments as 'Section I.B. of Form 14568-B, Identification of Failures, The Changes required by the Cumulative List'.
  4. 4Ensure Section II describes amendments that satisfy requirements retroactively to the specific provision's effective date.
  5. 5Confirm all necessary documents listed in Section IV are enclosed with the submission package.
  6. 6If applicable, ensure you have included a copy of the most recent determination letter.
  7. 7Check that any other failure not listed above is clearly specified in Section I.C.

How to file this form

  1. 1Complete all required fields on Form 14568-B, including listing the plan name, Applicant’s EIN, and plan number on every page.
  2. 2Detail the specific failures in Section I (A, B, or C), ensuring each item is listed with its relevant date/notice reference where applicable.
  3. 3Describe in Section II how the amendments correct the identified failures retroactively to their effective dates.
  4. 4"Assemble all supporting documents listed in Section IV and enclose them with the form.

Known limitations

  1. 1The form applies to eligible employers who have failed to amend their plan to comply with specific provisions of Internal Revenue Code (IRC) Section 401(a) plans.
  2. 2Section I covers failures related to Pre-approved Plans, Individually Designed Plans, and All IRC 401(a) Plans generally.
  3. 3For individually designed plans, the form requires listing items from either the Cumulative List or the Required Amendments List, depending on what applies.
  4. 4If a late amender failure is not listed in Section I.A (Pre-approved) or Section I.B (Individually Designed), it must be specified under Section I.C (Other).

Field map

Compact field-by-field guide

6 fields

General Info

2 items

Taxpayer Name and TIN

Full legal name and taxpayer identification number (SSN or EIN).

Requiredtext
Address

Current mailing address.

Requiredtext

Details

2 items

Required Information

Complete all applicable sections of this form according to the official IRS instructions.

Requiredtext
Amount (if applicable)

Enter the relevant dollar amount if this form involves tax calculation.

amount

Certification

1 items

Certification Statement

Read and acknowledge any certifications required by this form.

Requiredcheckbox

Signatures

1 items

Signature

Sign and date. Unsigned forms cannot be processed.

Requiredsignature
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Current form status
IRS

The current edition is Revision 7, dated July 2023. The source does not point to a separate 'latest information' page, but it provides the official revision date for this specific form.

What changed or needs a fresh check

  • Edition date — confirm the revision reads July 2023.
  • Catalog Number — confirm it is 66146J.
  • OMB Number — confirm it is 1545-1673.
  • Plan name/EIN/Number — confirm these are included on every page, including attachments.

Quick Facts

The eligible employer using a pre-approved defined contribution/benefit plan, or the individual sponsoring an individually designed plan, must file Form 14568B.
Section I identifies the specific failures (Pre-approved Plans, Individually Designed Plans, All IRC 401(a) Plans). Section II describes how the plan corrected these issues. Section III details the steps taken to prevent future failures.
The form is filed when a plan fails to adopt required changes by the applicable deadlines listed in Section I (e.g., April 30, 2010, for certain pre-approved plans).
Not stated in the official source regarding specific mailing addresses; however, the filing must include the plan name, Applicant’s EIN, and plan number on each page.
The failure to timely amend can result in the need to file Form 14568B as a condition for receiving a favorable determination letter from the IRS.
First, complete Section I by checking or listing every failure. Next, detail the correction method in Section II and list preventative actions in Section III. The plan sponsor must then enclose copies of signed amendments (Section IV) before submitting the completed form.

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After you file

  1. 1Keep a copy of the filed Form 14568-B.
  2. 2Ensure that copies of the signed and dated amendments/restated plan documents are enclosed with the VCP submission.
  3. 3The applicant indicates in Section II that the adopted amendments satisfy requirements retroactively to the effective dates of the specific provisions.
  4. 4The form requires listing steps taken by the plan sponsor in Section III to prevent future failures.

Sources

  • SRCForm 14568-B is titled Model VCP Compliance Statement - Schedule 2: Nonamender Failures for IRC 401(a) Plans (Instructions p.1).
  • SRCThe form requires the plan name, Applicant’s EIN, and plan number on each page of the compliance statement, including attachments (Form p.1).
  • SRCSection I covers identification of failures where the plan was not amended by applicable deadlines under IRC Section 401(b) (Instructions p.1).
  • SRCSpecific dates/changes for Pre-approved Plans are detailed in Section I.A: April 30, 2010 (2004 List); April 30, 2012 (2006 List); April 30, 2016 (2010 List); July 31, 2020 (2012 List); and July 31, 2022 (2017 List) (Form p.1).
  • SRCFor Individually Designed Plans, Section I.B requires listing changes from the Cumulative List or Required Amendments List for plans subject to the 5-year cycle prior to January 1, 2017 (Form p.1).
  • SRCSection II confirms that amendments satisfy requirements retroactively to the effective dates of the specific provisions contained in them (Form p.2).

Common confusion points

What do I list under Section I.B for my individually designed plan?

The choice depends on whether the failure relates to the Cumulative List or the Required Amendments List applicable to that plan.

Check which specific list applies to your plan's failures.

Where do I put a failure not listed in Sections I.A or I.B?

These must be specified under Section I.C, labeled as 'Other (specify the late amender failure not listed above)'.

Ensure you clearly describe the specific failure in Section I.C.

Do I need to attach pages for Section I.B if there are multiple failures?

Yes; additional pages are needed and must be labeled: “Section I.B. of Form 14568-B, Identification of Failures, The Changes required by the Cumulative List” or “...The Changes required by the Required Amendments List”.

Always label attachments clearly.

What information must be on every page?

Every page of the compliance statement (including attachments) must include the plan name, Applicant’s EIN, and plan number.

Double-check all pages before mailing/submitting.

When do the amendments need to be effective?

The applicant indicates they adopted amendments that satisfy requirements retroactively to the effective dates of the specific provisions contained in those amendments (Section II).

Verify the date range on your amendment documents matches the required retroactive period.

What is the difference between a 'Cumulative List' and a 'Required Amendments List'?

Both are lists detailing changes, but they apply differently: Cumulative List applies to pre-approved plans (or generally for IDPs), while Required Amendments List specifically applies to individually designed plans.

Review Section I carefully to see which list governs your plan.

Workflow map

Related forms and next steps

4 signals

Before

Not stated in the official source — verify on the agency site

Current

14568B

After

Not stated in the official source — verify on the agency site

Often used with

Model VCP Compliance Statement (The overall document this schedule belongs to)

⚠ If something goes wrong

  • The plan sponsor may need to file additional pages labeled as attachments for Section I.B or Section I.C.

Questions about IRS Form 14568B

What is IRS Form 14568B used for?

This form shows the IRS when a retirement plan (IRC 401(a)) did not update itself in time according to federal rules. It details which specific legal or regulatory changes were missed by the plan. By filing this statement, the plan sponsor informs the IRS about these 'nonamender failures' so they can seek correction.

Who must file IRS Form 14568B?

The eligible employer using a pre-approved defined contribution/benefit plan, or the individual sponsoring an individually designed plan, must file Form 14568B.

What information does IRS Form 14568B require?

Section I identifies the specific failures (Pre-approved Plans, Individually Designed Plans, All IRC 401(a) Plans). Section II describes how the plan corrected these issues. Section III details the steps taken to prevent future failures.

When is IRS Form 14568B due?

The form is filed when a plan fails to adopt required changes by the applicable deadlines listed in Section I (e.g., April 30, 2010, for certain pre-approved plans).

How do I complete IRS Form 14568B?

First, complete Section I by checking or listing every failure. Next, detail the correction method in Section II and list preventative actions in Section III. The plan sponsor must then enclose copies of signed amendments (Section IV) before submitting the completed form.

What happens if IRS Form 14568B is filed incorrectly?

The failure to timely amend can result in the need to file Form 14568B as a condition for receiving a favorable determination letter from the IRS.

What do I list under Section I.B for my individually designed plan?

The choice depends on whether the failure relates to the Cumulative List or the Required Amendments List applicable to that plan. Check which specific list applies to your plan's failures.

Where do I put a failure not listed in Sections I.A or I.B?

These must be specified under Section I.C, labeled as 'Other (specify the late amender failure not listed above)'. Ensure you clearly describe the specific failure in Section I.C.

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Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
Public DomainCreated by the U.S. federal government. Not subject to copyright (17 USC § 105). Freely copyable without restriction.
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