Gary Posted January 27, 2010 Posted January 27, 2010 It is clear from the 2008 FOrm 5500 instructions that a corporate extension (assuming all conditions are met) can automatically extend the 5500 due date until the due date of the corporate tax return. There is a principal at my office (he is a CPA) who is not satisfied that the Form 5500 instructions are sufficient proof to support the availablility of using a corporate extension as an automatic extension. He wants to know of the "law" supporting such an option. Does anyone know of a code section or regulation that provides for the use of a corporate extension as an automatic extension? Thanks. In 2520.104a-5 (a)(2) it states the due date as 7 months after plan year, unless extended. See "when to file" instructions of appropriate annual Return/Report Form. So that may be the extent of info in the law and regulations.
david rigby Posted January 27, 2010 Posted January 27, 2010 Does anyone know of a code section or regulation that provides for the use of a corporate extension as an automatic extension? Shouldn't a CPA should know how to research that question, rather than have you do the legwork? I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
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