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Annual Form 5500 Filing Requirements for 125 Plans
(Posted March 24, 1997)
|Question 4: Do all Section 125 Plans need to file an annual Form 5500 (or 5500-C/R)?
Answer: Yes. Code Section 6039D requires an annual filing for certain plans including Section 125. The Form 5500 instructions might lead one to believe that Section 125 Plans fall under the filing exemption granted to welfare plans with less than 100 participants. It is important to remember that a Section 125 Plan is not a welfare plan, it is a fringe benefit plan.
A Section 125 Plan has a Form 5500 filing requirement not because of ERISA, but because of Code Section 6039D. Therefore, a Section 125 plan of any participation size must file a Form 5500 (or 5500-C/R if less than 100 participants.)
By the way, if you read 6039D, don't become alarmed at all of the other plans that seem required to file. Internal Revenue Notice 90-24 granted an exclusion to certain plans if they were filing only because of this Code Section 6039D. Unfortunately, Section 125 Plans were not among those exempted from filing.
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