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Form 5558


Guest HiKidsImASrPensionAdmin

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Guest HiKidsImASrPensionAdmin
Posted

Has anyone sent in a form 5558 to extend the 5500 due date without a signature? I just read the summer IRS Employee Plan News ( http://www.irs.gov/pub/irs-tege/sum06.pdf ) and on page 3 they say a signature is not required if you are extending a 5500. The only time you need a signature is when you are extending a 5330.

My concern is, the instructions state you need a signature. If we send in all our 5558's without a signature and then the IRS decides not to accept them...ugh!

If this is correct, it is going to save us a lot of time on July 27th!

Posted

HiKids,

You are correct that you don't HAVE to sign.

The IRS issued temporary regulations [Reg. Sec. 1.6081-11T] on November 7, 2005 under which the Form 5558 no longer requires taxpayers to provide an explanation of the need for the extension of time to file or a signature.

Regardless, I plan to sign all my extensions.

JanetM CPA, MBA

Posted

Unfortunately, it's not unusual for the IRS to contradict its own published instructions.

Form 8868 extends the time to file an exempt organization's Form 990. For quite a while, the IRS didn't require a signature for the initial (3-month) extension, even though the form's applicable section had a signature line and the instructions said to sign/date. Eventually, the form and its instructions were revised to comply with IRS policy.

I believe that the IRS doesn't want signatures for automatic extensions. When you file Form 5558 to extend a Form 5500, the 2-1/2 month extension is now automatic. The IRS no longer approves the extension and returns a copy of the form.

Lori Friedman

  • 4 weeks later...
Guest Big Al
Posted

Ok, So no signature is required. How about the date ?

I don't see any instructions that the DATE is not required.

For you guys who don't sign, do you still date?

thanks

Alan

Guest HiKidsImASrPensionAdmin
Posted

I just called the IRS to confirm, they do not require you to put a date on the signature line. You do need to put the date on line 1, "I request an extension of time until / / to file....

Posted

Thanks for the info. We've still been dating them on the theory that since TD 9229 didn't specify that dating was no longer required, that it was still required.

Apparently the IRS is taking the more logical approach that since the date is part of the signature line, and signature no longer required, that the date isn't either.

Guest Pensions in Paradise
Posted
Apparently the IRS is taking the more logical approach ...

Now there's a comment I never thought I'd hear!

Posted

True...

I think we may continue to date them anyway. Takes about 1 second, can't hurt anything, and may possibly help in "tracking" what happened when if the IRS questions it 2 or 3 years later.

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