DFVC vis a vis Form 5300

[jlea]

After requiring disclosure regarding whether a plan or trust is "currently under examination," Form 5300 also requires disclosure regarding "any issue related to this plan or trust currently pending" before the DOL. It goes on to say that a filing under EPCRS doesn't trigger a positive answer.

My client has recently filed under DFVC for late filings of Forms 5500.

Does the DFVC filing require a positive answer and related disclosure?

I'm surmising yes, since the Form specifically excepts EPCRS filings but says nothing about DFVC.

Given that this client will be filing Form 5500 in conjunction with an EPCRS filing (because it adopted the mandatory rollover notice late), I'd rather not be giving any more indications of foot faults than required.

(And, yes, I began working with this client after these errors occurred!)

[jlea]

After requiring disclosure regarding whether a plan or trust is "currently under examination," Form 5300 also requires disclosure regarding "any issue related to this plan or trust currently pending" before the DOL. It goes on to say that a filing under EPCRS doesn't trigger a positive answer.

My client has recently filed under DFVC for late filings of Forms 5500.

Does the DFVC filing require a positive answer and related disclosure?

I'm surmising yes, since the Form specifically excepts EPCRS filings but says nothing about DFVC.

Given that this client will be filing Form 5300 in conjunction with an EPCRS filing (because it adopted the mandatory rollover notice late), I'd rather not be giving any more indications of foot faults than required.

(And, yes, I began working with this client after these errors occurred!)

[WDIK]

If the DFVC filing has been made properly, and the penalty paid, is there anything still pending?

My initial impression is that the issue of the late filings would have been resolved.

[jlea]

I like your analysis - and, indeed, I do not expect we'll hear anything back regarding the DFVC filing.

I just don't want to get whacked by an agent who believes we tried to play hide the ball . . .