Money Purchase/401(k) merger - late 5500

[rlb64]

Client merged money purchase plan into 401(k)/profit sharing plan on 9/1/07, the date the client changed recordkeepers. The prior recordkeeper forgot to prepare a final 5500 for the money purchase plan. Due date was 3/31.

Does anyone know of any gray area here that will give us a due date of 7/31 - same as profit sharing plan? Or is the client stuck with paying late fees?

[PLAN MAN]

Were the money purchase plan assets merged at a later date? You might be able to use the date the assets moved as the final date.

[rlb64]

Residual earnings came in as late as October. Accrued money purchase contribution not deposited yet.

[PLAN MAN]

Residual earnings came in as late as October. Accrued money purchase contribution not deposited yet.

According to the Form 5500 instructions:

Mergers/Consolidations

A final/return/report should be filed for the plan year (12 months or less) that ends when all plan assets were legally transferred to the control of another plan.

In which plan will the money purchase contribution be deposited?

[Bird]

Residual earnings came in as late as October.

If I wanted a plan to be "gone" by a certain date, I'd ignore residual earnings, but in this case I'd have selective interpretation and treat the plan as alive until then (October).