Non ERISA 403(b) 5500 filing

[Guest sugar daddy]

a dormant non-ERISA plan has been filing 5500's for years. The plan now has one terminated participant, no employer funds, with less than 100,000 in assets. Should the plan continue to file for the 2009 plan year and future plan years until a resolution to terminate has been created and the annuity has been assigned or can it just discontinue filing with 2008 being the last year it filed? One quirk: The plan filed an extension for the 2009 plan year.

[JohnCheek]

If you are SURE that you are a non ERISA plan, you can discontinue filing. I would consider filing an amended 2008 with "final return" checked off. Either way, you will probably get some correspondence, so be prepared to explain that your plan is not an ERISA plan, and should not have filed in prior years. Or, attach that explanation to the amended final 2008, and hope that is the end of it.

[Guest sugar daddy]

i think they are going to show it terminated for the 2009 plan year and all the assets (40K) paid out. It has been employee money only since inception and whoever was doing their work had been filing 5500's going back to at least 2002 plan year.