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I don't think Lou S. was emphatic enough. This is a very very very incorrect statement. Also, make sure the plan is not top-heavy before you do away with the safe harbor. (I presume you have safe harbor match already). IF the owners have been socking away the max for 15 years and you have high turnover among lower paid employees, I could easily see where your plan could be top-heavy.

I'm dealing with a DOL audit of a pooled plan that held two mortgages on unrelated real estate. Between them, they made up 30% of the plan's assets. Even though the trustee was able to point out that his plan increased in value in 2007 and 2008 because of these high interest loans, the auditor is NOT amused. (And we don't have any PT related party issues.) Talk them out of it if you can.

a) It was a letter from Scot Albert (what are the odds that a crook knows that is who it ought to be from); b) we already know they did not file; c) the domain is accurate; d) they are not asking for anything at all that would be considered sensitive; e) it was addressed to the person in our office whose email address we used to do the signing. That is an awful lot of coincidences. They just want to know why it wasn't filed, etc. No request for a credit card payment or a SS#. Plus everything was grammatically correct . But to your point, I did leave a voicemail for the contact.

Are you sure they are legit? I have never heard of either the DOL nor IRS using e-mail to inform people of missing forms. That sounds more like a scam that is trying to get information. The only odd part would be the information is on the DOL website so why use a scam to get it? I don't get that many IRS or DOL notices but like I said I have never heard of e-mail being the method.