Can final 5500 be filed while Form 5310 application is pending?

[Guest tm3333]

All plan assets in a VS DB plan have been paid out prior to the end of the last plan year. There is a Form 5310, Application for Determination for Terminating Plan, that is pending with the IRS. Can the plan administrator check the final return/report box in Part I, line B at the top of the Form 5500 while the 5310 application is pending? Or must another 5500 be filed for the plan year in which the IRS completes the review of the 5310 application?

[ETA Consulting LLC]

Sure, as a rule one has nothing to do with the other.

Good Luck!

[Guest Sieve]

Some take the position that final distributions (generally to HCEs) should not be made until the FDL has been issued, but that is not a requirement. You might want to do that (retain some/all HCE assets) in order to pay additional administrative fees form the plan or to reallocate from HCE accounts in the event there was an operational defect (like not paying some employees 100% of their account balances). But, you can make termination distributions (& even zero out the plan) without the FDL