5500 with wrong EIN

[TBob]

We have discovered that our clients 5500s were filed with the correct EIN number through 2004. When the plan was transitioned to our services, we received an incorrect EIN from the sponsor and the 2005-2007 Form 5500's were filed with this incorrect number. Unfortunately, we did not compare the number from the prior filings with the one the sponsor provided.

The sponsor recently received a letter indicating that the 2005 5500 was never filed. We then discovered the error on the EIN. It has been my experience that it is a very simple mistake but causes HUGE problems. Does anyone have any sage advice on how to correct this and communicate with the EBSA so that they will understand that the filing was timely but just with the wrong EIN? Amended returns have not worked for us in the past since they do not have an original filing under the correct EIN number to compare them to. Generally, a letter submitted with the amended return are not understood or are not read. Any help would be appreciated.

[WDIK]

If the IRS letter your client received is similar to the recent form letters our clients receive when a question regarding the absence of a filing exists, there is a page that you are asked to complete and return. Section I is for a filing that has been made and you enter the information as shown on the filed return, including EIN. That has typically corrected the issue without a lot of hassle.

[J Simmons]

TBob,

Do all the 5500s in question refer to the identically same plan name and original effective date? Do the 2004 ending values of Schedule I line up with the beginning values of Schedule I on the 2005 Form 5500?

Mention all that in and provide both the 2004 and 2005 Forms 5500 with the letter WDIK suggested sending. That will help the IRS reviewer 'connect the dots'.