Form 5500 filed with incorrect PYB/PYE dates

[MoShawn]

We are reviewing prior returns for a potential client, and discovered that all previous forms have been filed using calendar year dates when the document specifically states that the plan is to coincide with the company's fiscal year (8/31).

What is the correction in this instance? It appears that the actual data used in completing the form was correct (9/1 to 8/31), just the dates on the form were wrong. Would all prior filings need to be amended? Just the last 3?

[jpod]

There is no clear answer. Assuming there was no 5500 subject to the audit requirement (and it would be shocking if the auditor missed this), I would feel comfortable advising client to file only one corrected 5500, which would be for the py that ends in the last calendar year for which one has already been filed (e.g., 2009 or 2010).

[Guest TMK]

Since all Forms have been filed but with the incorrect dates would you be able to just amend the past 3 filings? For instance lets say 2007, 2008, and 2009 have been filed but using the 12/31 as the year end and not the 08/31 year end. Since the 5500 form that should be used is based off when the plan year began (09/01/2007 - 08/31/2008 is a 2007 Form) would you just be able to amend the filings with the correct information on them including changing the dates?

The 09/01/2007 - 08/31/2008 information is on the 12/31/2008 Form 5500 which should have been on a 2007 Form 5500 so could you amend the 12/31/2007 Form to read 09/01/2007 - 08/31/2008 using a 2007 Form and do the same for the subsequent years?