Due date April 15th or April 18th

[Janice F]

We have a couple of June 30, 2010 plan year ends for which the audit and 5500 are still in process. They were extended to April 15th but does anyone know if they actually have until April 18th to file due to April 15th being Emancipation day????

[TPAMan]

Emancipation is not going to save you. Better file on or before the 15th.

[Guest JLS]

The 2010 Form 5500 Instructions provide as follows:

"If the filing due date falls on a Saturday, Sunday, or Federal holiday, the return/report may be filed on the next day that is not a Saturday, Sunday, or Federal holiday."

However, Emancipation Day is NOT a federal holiday, it is a legal holiday in the District of Columbia under District of Columbia law. Even so, the IRS takes the position that filing and payment deadlines that "fall on a Saturday, Sunday or legal holiday are timely satisfied if met on the next business day." However, while the IRS may view the due date as being extended until April 18, I am not sure it the DOL will see it the same way (that was the view of the representative at a regional EBSA office that I spoke to). So, better file that 5500 today.

Happy District of Columbia Emancipation Day!