ROBS Audit Preparation Checklist

Why: A response file should preserve what existed when the notice or readiness review began before people start gathering replacements.

Warning: Do not alter, backdate, destroy, rename to mislead, or fabricate records.

Basis: IRS ROBS compliance checks requested plan, rollover, participant, valuation, business, Form 5500 and Form 1120 records.

Next: Create a dated index and separate working copies from preserved originals.

Why: Request letters, calls, and portal instructions must be authenticated before records move.

Warning: Never send plan records to an unverified phone number, email address, portal, or mailing address.

Basis: IRS Publication 1-EP describes taxpayer rights and representation; DOL EBSA publishes official contact channels and investigative authority.

Next: Use official IRS/DOL channels or the authorized representative to verify the contact before responding.

Why: Stage and agency drive which tasks are applicable and who should review the response.

Warning: This tool does not collect notice text, case numbers, EINs, SSNs, names, balances, or documents.

Basis: IRS EP guidance says initial letters request information for audit appointments and later IDRs can request more information.

Next: Summarize only safe request categories and unresolved facts for the response team.

Why: The team needs a controlled date record even when no formal deadline is entered.

Warning: This checklist never calculates deadlines, assumes time zones, or promises extra time; past dates trigger urgent escalation rather than rejection.

Basis: IRS examination materials reference response times and extra response-time notices; no page here calculates due dates.

Next: Ask the representative how to treat the user-entered date, receipt proof, and any elapsed date.

Why: The person coordinating documents may not have authority to represent the taxpayer or receive confidential IRS information.

Warning: Form 8821 is information authorization, not practice representation; this tool does not create a DOL equivalent.

Basis: IRS EP guide lists Form 2848 for representation and Form 8821 for information authorization.

Next: Confirm who speaks, who receives information, and who only gathers records.

Why: DOL/EBSA investigations are not IRS Employee Plans examinations and use different authority and contacts.

Warning: Do not assume IRS power-of-attorney forms control a DOL investigation.

Basis: DOL investigative authority comes from ERISA sections 504 and 506; affected persons can include plan fiduciaries, participants, beneficiaries, or representatives.

Next: Have counsel or the designated fiduciary define the DOL contact path and participant-sensitive handling.

Why: A matrix prevents overproduction, omissions, and duplicate portal pulls.

Warning: Do not paste notice text, document contents, names, account numbers, balances, or payroll details into this browser-local tool.

Basis: IRS ROBS contact letters asked about plan status, contributions, rollover, participants, stock valuation, business information and filing explanations.

Next: List only request categories, owner, status, and safe folder or binder references outside this tool.

Why: Readiness work before a request list should stay general until the agency's exact ask is known.

Warning: Do not mark request-mapping ready when no request list exists.

Basis: IRS EP communications materials identify initial and additional information requests; DOL authority materials frame investigation subjects.

Next: Ask the representative or agency contact how to obtain or clarify the written request list.

Why: A response often depends on showing the operative document and how the plan actually operated.

Warning: Do not replace missing signed documents with drafts or later-created versions without professional review.

Basis: IRS exams review plan and trust documents and whether operation follows plan terms; EPCRS addresses document and operational failures.

Next: Compare official signed documents to payroll, eligibility, contribution, loan, distribution, and filing practices.

Why: Employee and participant facts can determine whether the request file is complete.

Warning: Do not enter employee names, pay, balances, or census rows in this tool.

Basis: IRS ROBS project identified coverage, discrimination, benefits-rights-and-features and contribution-history concerns.

Next: Create a professional-reviewed variance list and open-item owner.

Why: Loans, distributions and rollovers can affect plan qualification, tax reporting and response scope.

Warning: Do not self-correct or characterize a tax result inside this tool.

Basis: IRS exams commonly review distributions and IRS ROBS materials identify 1099-R failures.

Next: Route inconsistencies to CPA/TPA/counsel and record the safe locator.

Why: The plan owns employer stock; valuation and corporate records connect plan reporting to the C corporation.

Warning: Do not create a new valuation conclusion or edit old minutes to match current facts.

Basis: IRS ROBS compliance checks requested stock valuation and purchases and identified valuation as a problem area.

Next: Tie valuation dates, stock ledger, board approvals, financial statements and transaction evidence together.

Why: IRS ROBS materials specifically observed Form 5500 misunderstandings.

Warning: This checklist is not a form-path screener or deadline calculator.

Basis: DOL says Form 5500 is a compliance, research and disclosure tool and 5500/5500-SF filings use EFAST2.

Next: Use the existing screener/TPA determination and preserve EFAST or IRS filing evidence.

Why: The response should distinguish missing evidence, inconsistent records, and materials needing professional handling.

Warning: Do not alter, backdate, destroy, fabricate, coach testimony, or make privilege claims in this tool.

Basis: IRS EP guidance says facts should be established before deciding an error occurred; DOL fiduciary duties require prudent administration.

Next: Assign each issue to attorney, CPA, TPA, valuation professional, payroll provider, or custodian.

Why: Correction history can affect the response, but this tool cannot prescribe correction or disclosure strategy.

Warning: Do not decide self-correction, VFCP, EPCRS, DFVCP, excise tax, or disclosure strategy here.

Basis: IRS EPCRS and DOL VFCP are separate correction frameworks; availability and method are fact-specific.

Next: Ask counsel/TPA/CPA what to disclose, preserve, supplement, or hold for review.

Why: On-site visits and interviews need truthful role preparation, document access control, and business-continuity planning.

Warning: Do not script or coach testimony; prepare people to answer truthfully within their role and representative guidance.

Basis: IRS Publication 1-EP describes initial interviews and information review; DOL investigations can involve affected persons and plan fiduciaries.

Next: Confirm who attends, where records are reviewed, and how new requests are logged.

Why: Delivery format should follow the verified agency or representative instructions, not convenience.

Warning: Do not email, upload, redact, encrypt, or omit material unless the agency or representative directs the method.

Basis: IRS communications materials identify IDRs and status communications; DOL authority materials support official investigation channels.

Next: Document the verified channel, format, access permissions, and delivery owner.

Why: A response should be internally consistent and explicit about unavailable items or pending professional review.

Warning: This checklist does not guarantee completeness, acceptance, audit result, or agency outcome.

Basis: IRS EP guide emphasizes establishing issues and facts and citing relevant law and documentation when positions differ.

Next: Review every request line against the index, evidence locator, exception note, and reviewer signoff.

Why: A delivery log preserves when, how, by whom, and through which verified channel the response was sent.

Warning: Do not treat sending as proof the response was accepted or sufficient.

Basis: IRS communications guidance describes examination communications and follow-up; Form 5500/EFAST materials emphasize acceptance evidence for filings.

Next: Store delivery proof, package hash or index version, recipient channel, and follow-up owner outside this tool.

Why: Follow-up requests can change scope and should not overwrite the initial request record.

Warning: Do not merge follow-up requests into the original response without version control.

Basis: IRS EP guide says agents are expected to keep sponsors or representatives current and Form 4564 can request additional information.

Next: Create a separate row for each follow-up request, date received, owner, safe locator and response status.

Why: Proposed findings and closing language are professional-response decisions, not checklist outcomes.

Warning: This tool does not forecast disqualification, sanctions, excise taxes, appeal success, or closing terms.

Basis: IRS EP guide covers issue resolution, Audit CAP, closing agreements and appeals procedures.

Next: Ask the representative to explain options, response rights, timing, and documentation needs.

Why: EBSA findings and correction routes require ERISA counsel and fact-specific review.

Warning: This tool does not determine VFCP eligibility, fiduciary breach, penalty, settlement, or investigation outcome.

Basis: DOL investigative authority and VFCP materials are separate from IRS Employee Plans exams.

Next: Ask ERISA counsel what response, correction, participant communication, or retention steps are needed.

Why: After a response or closing, the team should update procedures, owners and records rather than leaving a one-time audit file.

Warning: Do not represent remediation as agency approval unless the agency correspondence actually says so.

Basis: IRS EPCRS emphasizes procedure updates to prevent recurrence; DOL fiduciary materials support prudent administration and monitoring.

Next: Assign procedure updates, retention controls, provider handoffs, and next review date outside this tool.