Must a final Form 5500 be filed for a cafeteria plan that has never filed since it is exempt from filing.

[jala]

If a cafeteria plan has never filed a Form 5500 since it falls under the exemption of being less than 100 participants and the assets have remained a part of the general assets of the corporation, must they file a final Form 5500 if they are terminating the cafeteria plan?

[Guest b2kates]

If you never were required to file, therefore not on the IRS/DOL reporting radar, why would you file to "remove" the plan from filing.

There is not nor has there been a qualification filing in the past.

[WDIK]

If you never were required to file, therefore not on the IRS/DOL reporting radar, why would you file to "remove" the plan from filing.

One-participant retirement plans with assets less than $100,000 are generally not required to file, but they must still file a final return. I'm not sure that the logic holds.

[Guest b2kates]

Cafeteria plans do not have the same filing requirements as retirement plans

[WDIK]

Agreed. I only disputed the logic.

[Guest tintree73]

I am assuming by cafeteria plan (IRC 125 benefits) you mean a cafeteria plan with group health benefits (ERISA benefits).

Is this impacted by the fact that (prior to the elimination of the Schedule F), the cafeteria plan would have to file the Form 5500 with the Schedule F (IRS requirement) despite the fact that the the DOL exception applied to the group health benefits portion? With this reasoning, the plan was required at one time to file the Form 5500 with Schedule F, but did not file the form 5500.

Also, if I am remembering this correctly, when the IRS removed the Schedule F filing requirement for cafeteria plans they also provided guidance indicating that they were not concerned about past failures to file, etc. which appears to tie in to the reasoning stated above (why file now if you were never required to file) with a little twist (why file now when you were required to file, but are no longer required to file and the IRS has stated that they don't care about the fact that you failed to file in the past)?