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403(b) ineligible employer - no 5500's

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A 403(b) has been sponsored by an ineligible employer for many years. Had it been sponsored by an eligible employer, 5500's would have been required due to employer involvement. However, no audits were performed and no 5500's filed since the inception of the plan. 

We will proceed with the VCP procedure outlined in Rev Proc 2018-52. Under Section .03 it states:

(3) A plan that is corrected through VCP or Audit CAP is treated as subject to all of the requirements and provisions of §§ 401(a) for a Qualified Plan, 403(b) for a 403(b) Plan, 408(k) for a SEP, and 408(p) for a SIMPLE IRA Plan (including Code provisions relating to rollovers). Therefore, the Plan Sponsor must also correct all other failures in accordance with this revenue procedure. 

Does this mean delinquent 5500's should be filed even though the employer was ineligible to sponsor a 403(b)?

Thank you

 

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Assuming that the sponsoring employer was not governmental, I can see no reason that Forms 5500 would not be required.  Normally, these could be filed under the Delinquent Filer Voluntary Compliance Program (DFVCP). 

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