Delinquent Filer - information only returns

[SheilaD]

I have a new case - a 403(b) plan that last filed a 5500 in 2001. I'm being retained to file 2002 - 2009 returns under the DFVC. With EFAST I must file all the forms on a 2010 form. I'm wondering if I am going to have EFAST problems/errors because 2002 - 2008 are information only returns so the participant counts are not completed. Anyone have any experience with this? Thank you.

[mbozek]

I have a new case - a 403(b) plan that last filed a 5500 in 2001. I'm being retained to file 2002 - 2009 returns under the DFVC. With EFAST I must file all the forms on a 2010 form. I'm wondering if I am going to have EFAST problems/errors because 2002 - 2008 are information only returns so the participant counts are not completed. Anyone have any experience with this? Thank you.

I dont understand your Q. For plan years from 2002-2008 only Q 1-5 and 8 were to be completed by a 403b plan. See instructions to 2008 5500 P 10. No other questions were answered or schedules submitted. The 2008 5500 is available in paper form and can be altered to indicate use for a prior year. As I recollect the DOL allowed delinquent form 5500 filers to submit all prior years forms at once and pay a max fine of $1500. I dont know if this is still true. I dont see how you can submit the 2010 5500 form for years prior to 2009 since the 403b plan was not required to complete the entire form and the plan is not going to have the information needed. It would be better to have the plan admin complete the 2002-08 forms on paper (since only Q1-5 and 8 are answered) and send them to the DOL along with a completed 2009 form and a check for the appropriate amount.

[SheilaD]

I have a new case - a 403(b) plan that last filed a 5500 in 2001. I'm being retained to file 2002 - 2009 returns under the DFVC. With EFAST I must file all the forms on a 2010 form. I'm wondering if I am going to have EFAST problems/errors because 2002 - 2008 are information only returns so the participant counts are not completed. Anyone have any experience with this? Thank you.

I dont understand your Q. For plan years from 2002-2008 only Q 1-5 and 8 were to be completed by a 403b plan. See instructions to 2008 5500 P 10. No other questions were answered or schedules submitted. The 2008 5500 is available in paper form and can be altered to indicate use for a prior year. As I recollect the DOL allowed delinquent form 5500 filers to submit all prior years forms at once and pay a max fine of $1500. I dont know if this is still true. I dont see how you can submit the 2010 5500 form for years prior to 2009 since the 403b plan was not required to complete the entire form and the plan is not going to have the information needed. It would be better to have the plan admin complete the 2002-08 forms on paper (since only Q1-5 and 8 are answered) and send them to the DOL along with a completed 2009 form and a check for the appropriate amount.

The forms must be filed with EFAST2 as well as with the delinquent filer program. That is why I have to use 2010 forms. I agree that I send a paper copy to the DFVC address. However, I have since heard from someone else (another venue) who had a similar situation and was able to file through EFAST2 all of the prior years on 2010 forms with no errors.

thank you.