5500 lunacy

[ScottR]

We received a letter from EBSA saying that they didn't receive a 2007 Form 5500 for one of our clients. The client insists it was timely filed, so we responded to EBSA to that effect and sent a copy of the filing.

Our mailing was returned not once, but twice, with a note saying that 5500's for 2009 and thereafter must be e-filed. We spoke with an EBSA official, who said that any returns filed for 2007 and prior must now be e-filed. He indicated that this would include the one that our client filed in a timely fashion, but that they (apparently) didn't receive.

I can almost understand the need to e-file past returns that were never filed. But all we're doing here is responding to an EBSA letter by sending them a copy of what WAS filed on time.

Any comments or advice?

TIA,

Scott

[david rigby]

Got copy of receipt? If so, perhaps that can prove the orginal compliance.

[Effen]

check FreeErisa and see if they are there. If they are, that would prove the client filed them. However, I'm not suggesting that the IRS will actually accept the reality of the situation and leave you alone, but it would give you confidence that they were actually filed.

[SoCalActuary]

Got copy of receipt? If so, perhaps that can prove the orginal compliance.

The IRS can make money just by losing the mail. If they say that they did not receive it, the presumption is that the mailer did not send it.