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Form 5500 H & W participant count


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Hi,  We do 5500s for some of our Health and Welfare clients.  I have a plan where the number of employees benefitting under the H & W programs as of the beginning of the plan year is 80.  Prior year we had over 100 on the first day of the plan year and filed the 5500.  Am I correct that no 5500 is necessary for current year since number of employees benefitting on first day of year is under 100?

Thanks for any help.  

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Yes but to avoid "where's your 5500" correspondence it might be easier to just go ahead and file, particularly if you know you're going to have to file next year.

Also, if you knew when filing the prior year that you wouldn't need to file this year you could have entered a code 4R which tells the gov't not to expect a 5500 for this year.

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And while it is your client's decision, imagine the possibilities that an employer/administrator might prefer to file a report because it might help on one or more statute-of-limitations defenses under ERISA, the Internal Revenue Code, and other law.

 

Peter Gulia PC

Fiduciary Guidance Counsel

Philadelphia, Pennsylvania

215-732-1552

Peter@FiduciaryGuidanceCounsel.com

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