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2014 filed in 2017


ombskid

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Client has 2 plans.

Thought he efiled both plans for 2014 in 2015. We recorded both as filed also

Definitely efiled both plans for 2015 in 2016 and we recorded same

Filed 2 plans in Oct 2017. We noted one plan still wasn't filed. Told him to go back and file 002 which he did

He just got a IRS penalty notice for 001 for 2014 for $15,000

System now says 2014 5500 for 001 was not filed in 2015. First filing he made in 2017 was the 2014 form that was still in the system

2 questions

Is it worth it to try for reasonable cause or system or human error, he filed the other and thought he filed both etc

If DFVC is the best way to go, should it be filed again with just the DFVC checked?

I know this has been kicked around but i couldn't find concensus on either question

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2 hours ago, ombskid said:

Is it worth it to try for reasonable cause or system or human error, he filed the other and thought he filed both etc

If DFVC is the best way to go, should it be filed again with just the DFVC checked?

 

1) Of course.  For his 'reasonable cause, he should state that he relied heavily on his TPA and they let him down :lol:
2) Don't think DFVC is an option once the penalty letter is issued by the IRS.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

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34 minutes ago, ETA Consulting LLC said:

1) Of course.  For his 'reasonable cause, he should state that he relied heavily on his TPA and they let him down :lol:
2) Don't think DFVC is an option once the penalty letter is issued by the IRS.

Good Luck!

DFVC is most likely still an option.  The $15,000 proposed penalty letter is their way of funneling people to the DFVC.  They really never let you off the hook anymore though, I had a case where the clients CPA/TPA had all the documents signed and ready to file a final 5500 when he suddenly died.  The client didn't even find out he was dead until they tried to get an explanation for the penalty notice.  The IRS just said the DFVC is there for a reason, pick your poison of the $750 user fee or the  proposed penalty.

 

 

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