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Posted

A co-worker and I were discussing how to help a client in getting a delinquent 5500 filed. It is the final filing due for a plan that was merged after acquisition and apperantly everyone forgot about that final 5500 (oops!). I like the DFVCP approach because it is a fixed fee but my co-worker thought that doing a reasonable cause letter might work. I haven't done one of those in a long time and was wondering what type of experience people are having if they take that route. Is all forgiven and any penalties waived?

Posted

Take the DFVCP route. It's pretty cheap (especially for a small plan), and risk-free. I personally don't think using the reasonable cause approach is a good alternative when DFVCP is still available, but others may disagree. I'd save reasonable cause for when the client really needs it (e.g., after trying to sneak in a filing after the due date without telling you beforehand).

Posted

I always try to get the client to go the DFVC route. If they balk, I make them sign something saying that they understand that they were advised to go this route before trying the reasonable cause letter.

However, so far, only 1 of the clients has ever had to pay a penalty with the letter, and that penalty was reduced from $75,000 to $2,500.

Posted

How would one approach a similar situation where a 5500EZ is required to be filed?

DFVCP is not available for EZ filers.

Posted

Reasonable cause is all that works in that case--and crossed fingers.

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