Online EIN letter requiring IRS Form 945 Options

[maverick]

I haven't obtained a trust ID number online for a couple years, but here's a new wrinkle. Plan was established late last December, effective 1/1/07. Using the IRS online EIN system today, I obtained a TIN. Here's an excerpt from the IRS letter: "Based on the information from you or your representative, you must file the following form(s) by the date(s) shown.
Form 945 2/28/08.
After a review of your information, we have determined that you have not filed tax returns for the above-mentioned tax period(s) dating as far back as 2007. Please file your return(s) by 2/28/08. Penalties and interest accumulate from the due date of the return until it is filed."

Okay fine, but the 945 instructions say: "You are not required to file form 945 for those years in which you do not have a nonpayroll tax liability."

Knowing how the IRS has been issuing bogus missing 5500 letters recently, I figured that it would be best to just go ahead and file a 945 showing all zeroes. The alternative, to not file based on the 945 instructions, could result in an IRS follow-up letter and more work to fix the IRS error.

Just an FYI in case other people encounter the same problem.

Maverick

[Bird]

I noticed that too but decided to ignore it. FWIW.