Final Form 5500

[ERISA13]

I'm completing a Final Form 5500 and had a couple questions. The plan is a calendar year plan and the last participant's assets were distributed on 9-04-09 so we realize that the return is late so we will be filing under the DFVCP. My question is about what the plan year for 2009 is. I believe the plan year for 2009 will be January 1, 2009 to September 4, 2009 since the final assets were distributed on that day. Is that correct?

I know I need to check the "Final Return" box since their are $0 assets and the "filing under DFVCP" box but do I also need to check the "Short Plan Year" box? I'm guessing I do, but this is my first Final 5500 and just wanted to double check.

Thanks!!

[Guest Sieve]

My understanding is that the due date of the 5500 for a terminating plan whose assets have been distributed is based on the date there are no more assets--i.e., the end of 7th month after the date assets are $0. So, that's a short year, and I'd check the short year box--that's what I recommend & that's what I've seen. But, perhaps those who regularly file 5500s will chime in.

[Bird]

Sieve is correct; for reporting purposes the plan is "done" when the last assets are distributed. And yes, it's a short year.

Did you get an extension to 10/15 (as if the year ended 12/31/09)? You might want to look hard and see if there weren't a few pennies left that could make a case for the year going to 12/31.