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Hi to all, We have a client who has not provided sufficient data to enable us to produce an annual report or a 5500 since 2014. Please don't go into the fact that we should have fired the client long ago. There are extenuating circumstances. The bottom line is that they have seen the light and have begun to provide data. We are now in a position to provide them with a 5500 to file for 2015 and 2016. Since they are not under examination at this time, we can use the DFVCP program. From their instructions it would appear that we are supposed to file all delinquent years at one time. However, we are nowhere near being ready with 2017's form and may not be for several months. What are your thoughts on waiting a few months and doing them all at one time versus filing what we do have and doing another submission later on? What if they do get a letter saying they are under examination in the interim while we are waiting to get the 2017 form done? Your ideas are appreciated, as always.

Hello, so quick question regarding a late 5500-SF: Recently when going through finances I noticed that I forgot to file my 5500-SF on the efast.dol.gov website in 2015 and 2016. (Well, I didn't "forget" but rather I missed a special link in my payroll, which passes the final electronically-filled form to efast...). I have filed 5500-SFs in years prior, and had planned to continue do so. However I am a one participant plan with assets < $250K, so it is my understanding that it is was technically not necessary to file. The other day out of panic, when I noticed those 2 years weren't filed in efast I submitted them anyway. However I realized afterward there is a substantial penalty for late filing, and these late forms are now visible from within efast... My questions are as follows- 1) Will the fact that I submitted late 5500-SF forms to the efast website trigger an audit? 2) Will I be charged a penalty? And if so, is there a way I can pay any fees in a advance of receiving a bill from the govt? I noticed in the DFVCP penalty calculator it states "Form 5500-EZ filers are not eligible for the DFVC program." which concerns me greatly... I have yet to receive any late filing notice but I fear the clock might be ticking... Any advice would be appreciated!!

ISSUES: Employer provides in its employee handbook "Employer will contribute 1% of employees bi-weekly pay to the employee as an incentive to participate" QUESTION: Could this lead an IRS auditor to determine that the 403(b) plan is subject to ERISA? BACKGROUND: Employer is under IRS audit of its 403(b) and 457 (b) plans. There are a number of compliance issues. Employer never maintained a 403(b) plan document, so we are hoping to use to "paper clip" approach, which would involve providing Employee Handbook with master annuity contract. Employer did not believe it was operating an ERISA plan, although vendors have some concerns about Employer's "discretionary authority." We are contemplating advising the Employer to apply for relief under DFCP for 5500s (which have never been prepared) before its too late. The plan has been in existance since 1981...