Gary Posted January 22, 2008 Posted January 22, 2008 A defined benefit plan has been disqualified. The plan sponsor wants to know if they should still file a 5500 until assets are distributed. That is, at least for the current year. I'm curious to hear views from others on this. That is, should the plan file a return? Thanks.
Andy the Actuary Posted January 22, 2008 Posted January 22, 2008 From the 5500 instructions: "All pension benefit plans covered by ERISA are required to file a Form 5500 except as provided in this Who Must File section. The return/report is due whether or not the plan is qualified and even if benefits no longer accrue, contributions were not made this plan year, or contributions are no longer made. Pension benefit plans required to file include both defined benefit plans and defined contribution plans." So, isn't plan still covered by ERISA? If you agree, then "yes." The material provided and the opinions expressed in this post are for general informational purposes only and should not be used or relied upon as the basis for any action or inaction. You should obtain appropriate tax, legal, or other professional advice.
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