5500 over 100 part...now under 100

[cdavis25]

We have a client that filed a 5500 for 2011, since they had over 100 participants. As of 12/31/2011, they fell below the 100 participants. Do they just stop filing the 5500 for 2012 and going forward until they go over 100 participants again?

[ETA Consulting LLC]

Yes. If their beginning 2012 count is less than 100, then you can file the small plan form.

Good Luck!

[Bill Presson]

Keep in mind that cafeteria plans don't actually have a filing requirement; the underlying welfare benefits do.

[cdavis25]

Do they have to file the SF or just stop filing period? I thought if you have under 100 participants, then a 5500 filing is not required?

[Tom Poje]

and actually, once you file the short form you can file the short form every year until you go above 120 (not 100)