Already Filed Thru DFVC - Can we get our money back?

[MarZDoates]

Has anyone ever heard of first filing a late 5500 thru DFVC and then going back to the DOL to ask that the penalty be refunded if we can demonstrate reasonable cause for the late filing?

5500s were timely extended to 10/15; however due to some technical problems, 5500 was not filed until several days after the 15th.

Without considering a reasonable cause letter, we filed thru DFVC. (Small plan)

Thanks!

[Kevin C]

I don't think you can get it back. But, you can always ask. The worst they can do is say no.

http://www.dol.gov/ebsa/faqs/faq_dfvc.html

Q13: Does a plan administrator waive any rights upon filing under the DFVCP?

Yes. Payment of the penalty amount under the terms of the DFVCP constitutes, with regard to the filings submitted under the Program, a waiver of the right both to receive notice of the assessment from the Department and to contest the Department’s assessment of the DFVCP penalty amount.

[MarZDoates]

THANK YOU!!