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5500 forms filed when not required - what happens when you stop?


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Posted

A block of Cafeteria Plans has apparently been filing for some number of years when forms were not required. Now that they have discovered this, they want to stop. Seems reasonable!

Has anyone had any experience with this? I've never had much to do with Cafeteria Plans. Is it likely that they will receive a reminder/penalty letter when they suddenly stop filing, or is this a commonplace occurrence?

Any observations welcome!

Posted

Using the logic derived from when a qualified plan is no longer subject to ERISA, I'd say "you don't have to file merely because you've previously filed". This happens often when a plan is left with the owner as the only employee. So, you just stop filing. It may look strange, but if questioned you'd show why you are not required to file.

Good Luck!

CPC, QPA, QKA, TGPC, ERPA

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