5500 IRS v DOL

[ombskid]

IRS sends request for information CP-403 saying they have not received info from EBSA on plan 002 for 2008.

Sponsor only has plan 001.

In checking, we find EBSA says they do not have plan 001 for 2008.

How do we now respond to IRS? They recently returned a 5500 of another client sent in response to a similar letter and said we had to file electronically.

And how do we deal with EBSA with proof of mailing - clearly we don't want to used DFVC since we have proof of mailing. And they haven't asked for anything.

[Ron Snyder]

1) Respond to the IRS by sending a copy of the forms filed with EBSA, along with the proof of mailing.

2) Give the EBSA everything they ask for when they ask for it.

[david rigby]

Might be hasty to assume this is "IRS v. DOL". It might be "001 vs. 002" (that is, a simple mistake).

[ombskid]

1) Respond to the IRS by sending a copy of the forms filed with EBSA, along with the proof of mailing.

That's the problem - we did that and IRS returned it saying we had to file electronically

2) Give the EBSA everything they ask for when they ask for it.

If their system says they don't have the filing, does one send a copy with the proof of mailing or wait

[Ron Snyder]

That's the problem - we did that and IRS returned it saying we had to file electronically

They were lying, according to their own instructions for form 5500 for 2008. 2008 Instructions 5500

If their system says they don't have the filing, does one send a copy with the proof of mailing or wait

I would wait until they make a request. As suggested by D Rigby, the problem may be 001 v 002, so it might be a good idea to see if the DOL has record of a filing under either number. Sometimes they change the number as a presumed error when their records don't agree.

[Guest kswaby10]

That's the problem - we did that and IRS returned it saying we had to file electronically

They were lying, according to their own instructions for form 5500 for 2008. 2008 Instructions 5500

If their system says they don't have the filing, does one send a copy with the proof of mailing or wait

I would wait until they make a request. As suggested by D Rigby, the problem may be 001 v 002, so it might be a good idea to see if the DOL has record of a filing under either number. Sometimes they change the number as a presumed error when their records don't agree.

This sounds pretty fishy to me....

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[ombskid]

That's the problem - we did that and IRS returned it saying we had to file electronically

They were lying, according to their own instructions for form 5500 for 2008. 2008 Instructions 5500

If their system says they don't have the filing, does one send a copy with the proof of mailing or wait

I would wait until they make a request. As suggested by D Rigby, the problem may be 001 v 002, so it might be a good idea to see if the DOL has record of a filing under either number. Sometimes they change the number as a presumed error when their records don't agree.

This sounds pretty fishy to me....

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It's not clear what sounds fishy..

I'm trying to get an idea of what to do when IRS makes a request for a "missing" 5500 that we know was filed, and now rejects a hard copy in response to their request, and...

If DOL's voice system says they don't have the filing, do we proactively send a copy with proof of mailing, or wait till they ask for it. And when they ask, does that disqualify the plan from DFVC?