DFVC filing

[Belgarath]

I'm embarrassed to even be asking this question, but my only DFVC experience has been with non-filers.

Suppose you have someone who filed late, but they have filed. To go under DFVC, do you have them file ANOTHER 5500 form under EFAST, with box D checked, etc., plus the paper copy to Atlanta with the penalty check, or do you just file the paper copy to Atlanta with the penalty check?

I'm assuming it is the former, since I can't see where the instructions say otherwise, but I thought I'd check with anyone who has some experience. Thanks!

[Guest Emiliano]

If you've already filed late, then you can't take advantage of DFVC

[Belgarath]

Emiliano - thank you for the response.

Do you have a citation available, or have you spoken with the DOL on this question? (I had left message with DOL, but haven't received a response.)

Only reason I ask is this: I couldn't find anything in the DFVC information that says you can't use it if you have already filed. It DOES specifically say that you can't use it once the DOL has issued a notice of intent to assess the penalty.

It just doesn't seem quite fair that someone who hasn't filed at all is eligible for more favorable treatment than someone who just filed late, and wants to voluntarily pay the penalty. But then, who said life was fair?! Thanks again.

[R. Butler]

As long as the plan sponsor has not received written notfictaion from the DOL of the failure to file I do not see why you couldn't use the DFVC Program. I would just file a paper copy to Atlanta with a check.

[Belgarath]

Just an update for anyone who is interested - I just spoke with the DOL, and they said DFVC is available for people who have already filed, as long as the other criteria are met.