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Posted

The following excerpt is from IRS publication 794, regarding determination letters.

A "Final" Form 5500-EZ must be filed if the plan is terminated or if assets drop below $100,000 and you wish to stop filing Form 5500-EZ.

This is not what the 5500 or EZ instructions allow. Absent further guidance, we would continue to have our clients file if they drop below the $100,000 level. However, I wondered if any of you have seen this, discussed with anyone at IRS, etc...

Posted

This is doubly perplexing to me because, if memory serves, the 2006 5500-EZ instructions and the most recent revision of publication 794 were issued within a month or so of each other.

...but then again, What Do I Know?

Posted

IMHO I would not use language published in IRS pub dealing with determination letters as if they were instructions for EZ forms. This isn't the first time the IRS has made contradictory stmts.

If it were me, I would follow 5500 instructions and continue to file EZ each year until the plan is terminated.

JanetM CPA, MBA

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