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We took on a client - 403(b) plan - that never filed Form 5500. The plan was in existence since 2004. We are filing the late returns under the DFVC program. Since 5500-SF is not available for years prior to 2009, is it ok to file Form 5500 from 2004-2008 and Form 5500-SF for 2009-2019 or should we use the same Form for all open years? Thank you.
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We have had several clients receive rejection notices related to our Forms 2848 recently. All were related to DFVC filings. The notice stated the plan number was not included. However, the plan number was listed on the Form 2848 in the top right hand corner in the applicable box as well in the table on line 3. Has anyone else been receiving these? Are they being sent in error? Thank you!
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The plan sponsor failed to file the final/short form 5500 for the plan year ending 5/31/2016. We recommended DFVC, filed the return in November 2017 and paid the $2,000 penalty (this is a large plan) . The DOL's online calculator correctly indicates that the penalty is $2,000 (based on 313 days late). The client received a letter from the DOL stating that they might have submitted an overpayment of $1,260 and included an ACH form for the plan sponsor to request the refund. We called the DFVC number on the letter but got voicemail and have yet to receive a call back from them. Any indications as to what might have triggered the letter? Anyone had any success in addressing this with the DOL? We don't want to overpay the penalty but we are pretty sure the penalty is $2,000 and not $740.
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Does anyone have experience in regards to filing under the DFVCP due to a late top-hat filing. In a DOL FAQ (http://www.dol.gov/ebsa/faqs/faq_DFVC.html) it states that the 5500 can be filed either electronically or on paper. However, later on in Q18 it states that "the Form 5500 prepared for DFVCP purposes should not be filed with EFAST2." How do you submit it electronically, if you cannot use EFAST2? Thank you for your assistance.