Does IRS Letter to Sponsor on 5500 Disqualify Sponsor from DFVC?

[rocknrolls2]

I have a client that recently received a letter from the IRS asking about a 5500 from a prior year which it claims was not filed. I know that the DFVC program ceases to remain available after the "date on which the administrator is notified in writing by the Department [of Labor] of a failure to file a timely annual report under Title I of ERISA." Does the fact that the IRS and not the DOL is sending the letter mean that the sponsor can still avail itself of DFVC?

[Bill Presson]

IRS letter does not disqualify them, but a DOL letter does. With that said, act quickly to file and then immediately respond to the IRS.

[12AX7]

Agree with Bill. Also the IRS letter should make mention of using DFVC.

[rocknrolls2]

It does.

[12AX7]

Ahh, so you now know what you need to do