Amended Form 5500

[buckaroo]

I rec'd a call from the auditor on one of my plans who said that she received information from the EBSA that her audit was not suifficient and she would need to complete a new one. She then contacted me and told me that there were a couple of changes that needed to be made to the form itself including the 5500 itself and the schedule H. From reading the instructions, it appears that since the EBSA has requested a revised form, the amended return box should NOT be checked off. Is this anyone else's understanding as well? (It seems odd.) Also, when processing an amended return, the instructions say to attach only what is changed. In my case, the 5500 and Sched H. However, since we are amending it due to EBSA, do we attach everything or only the selected Scehdules?

Any input would be appreciated.

[WDIK]

In my opinion, it would depend on the source of the need to amend the Schedule H.

If the Schedule H changes are being made in response to the EBSA inquiry, you already correctly noted the procedure outlined in the Form 5500 instructions.

If the Schedule H changes are being made are unrelated to the EBSA inquiry (for example, the auditor, while making the audit sufficient for the EBSA, discovers another item that needs corrected) it sounds more like an amended return to me.

In the final analysis I doubt I would lose sleep over either alternative.

[buckaroo]

WDIK,

Thanks for the reply. Upon more research, I agree with your assessment. I also received word from the auditor that the correspondence from the DOL stated that it should be marked and only the changed schedules should be submitted.

Again, thanks for your help.