Late 2009 Form 5500-EZ Filing

[JAY21]

I have a potential client that did not file a 5500-EZ for 2009. He has not received any IRS correspondence yet on this missing filing. He is also late on his 2010 filing now too.

Does anyone know if the IRS has gotten around to sending out late notices/penalties on 2009 Form 5500-EZ clients yet ? He's closing down the plan so I think he's trying to gauge if he might have slipped through unnoticed or whether to file late given the 5500-EZs don't have a deliqeunt filer program yet, at least I haven't heard of any for 5500-EZ filers.

Thanks for any input/opinions.

[12AX7]

There is always a final filing of Form 5500-EZ, even though the plan may have met the Title 1 exemption for filing in previous years. This may bring the plan "onto the radar screen" so to speak.

There is no program yet for late 5500-EZ filers. Best for the client to get his late filings in order prior to the announcement of any program for late filers.

[Bird]

Does anyone know if the IRS has gotten around to sending out late notices/penalties on 2009 Form 5500-EZ clients yet ?

We've seen some for late filings, but I suspect the late filing triggers an earlier letter than a no filing.

The IRS has said they're working on an EZ late filing program; no details. It might be best to get everything in and beg for a total abatement of penalties...or not.