5558 for terminated/distributed plan

[dmb]

Plan terminated and final distribution of plan assets were 3/31/11. Can a 5558 be filed to extend 5500 due date from 10/31/11 to 1/15/12??? For some reason i'm thinking a plan that has made final distributions could not extend 5500. Thanks.

[Bird]

I remember that too (final/short years could not be extended) but I don't see it in the current instructions.

[pmacduff]

It is odd that the 5558 and 5500 instructions all refer to extending beyond the "normal" filing deadline.

I would hold that your short plan year has a set "normal" filing deadline and you should be able to extend another 2 1/2 months.

Not sure if it helps but I did find the following in the 2009 5500 General Instructions on the IRS site (my emphasis underlined and bolded):

"Short Years. For a plan year of less than 12 months (short plan year) file the form and applicable schedules by the last day of the 7th calendar month after the short plan year ends or by the extended due date, if filing under an authorized extension of time. Fill in the short plan year beginning and ending dates in the space provided and check the appropriate box in Part I, line B, of the Form 5500. For purposes of this return/report, the short plan year ends on the date of the change in accounting period or upon the complete distribution of assets of the plan. Also see the instructions for Final Return/Report to determine if “the final return/report” box in line B should be checked."