filing late 5500-EZ - online or hard copy?

[Santo Gold]

I am filing 7 late 5500 EZ forms for a client back to the mid 00's. There is no DFVC for these so we are intend to file late and beg for mercy. Since we are filing these en masse this month (10/2013), should these be sent to Ogden, UT with a letter of reasonable cause, or should they be filed online at DOL website?

Would it make sense to file these online on a 5500-SF, indicating an 1 participant plan?

Thanks

[Jim Chad]

My understanding is that the EZ cannot be filed on line and must go "on paper"

[BG5150]

My understanding is that the EZ cannot be filed on line and must go "on paper"

But may instead be filed on an SF with abbreviated reporting requirements.

[Santo Gold]

Right, you can file SF online instead of EZ on paper. But in this case, where we need to file a bunch of late years, could/should we do those online (SF)? I think we could just use the 2012 5500-S/F for all years. Is there anything wrong about filing in this manner?

[Tom Poje]

well, if you ignore the DOL guidelines.....

(any words that stand out are "emphasis" mine

http://www.dol.gov/ebsa/faqs/faq-EFAST2.html

Q4: How can I submit a delinquent or amended Form 5500 return/report for a Title I plan for years prior to 2009?

Delinquent and amended filings of Title I plans must be submitted electronically through EFAST2 and cannot be submitted on paper.

To submit a delinquent or amended Form 5500 return/report electronically through EFAST2 for plan years prior to 2009, you must submit the filing using current filing year Form 5500, schedules, and instructions except for the exceptions provided in the following paragraph. The current filing year forms take the place of the Form 5500 pages that would have been included in the prior year's filings. The electronic filing on the current filing year Form 5500, however, must indicate, in the appropriate space at the beginning of the Form 5500, the plan year for which the annual return/report is being filed.

Exceptions to requirement to use current filing year schedules and instructions: Filers using EFAST2 must use the following correct-year schedules (that is, the plan year for which the annual return/report relates) completed in accordance with the related correct-year instructions:

Schedule B, SB, or MB (Actuarial Information),

Schedule E (ESOP Annual Information),

Schedule P (Annual Return of Fiduciary of Employee Benefit Trust),

Schedule R (Retirement Plan Information), and

Schedule T (Qualified Pension Plan Coverage Information).

For example, if you are filing a delinquent 2007 Form 5500 return/report for a defined benefit pension plan, you must include the 2007 Schedule B, Schedule R and all required attachments for these schedules. Attach them as pdf images to the current filing year Form 5500 (2012 forms should be used as current filing year forms as of 1/1/2013), tagging them as "other attachments." Also, you have the option of using either the current filing year or the correct-year (2007 in this example) Schedule C. Since the Schedule E would not apply to a defined benefit plan, and the Schedule P and Schedule T did not apply for 2007 plan year filings, all other required schedules and attachments should be completed using current filing year forms and instructions. The entire filing should then be filed electronically in accordance with EFAST2 electronic filing requirements.

To obtain correct-year schedules and related instructions, go to the EFAST2 forms page, print the schedules of the form year that corresponds to the plan year for which you are filing and use the instructions for that year.

Do not attach any Schedule SSA to any filing with EFAST2. Rather, submit the most current year Form 8955-SSA to the IRS (along with all required attachments). See IRS Retirement Plans Community - Form 5500 Corner for additional information.

Do not send any penalty payments associated with a delinquent filing to EFAST2. Penalty payments to the IRS or made under the Department's Delinquent Filer Voluntary Compliance Program (DFVCP) must be submitted separately in accordance with the applicable requirement.

The Form 5500 Selection Tool will help you to determine which version of the Form 5500 and which schedules you should use.

Q4a: Can filers use the Form 5500-SF to file 2008 or prior year delinquent or amended return/reports?

No. You may not file the Form 5500-SF for any 2008 or prior plan year return/report. Filers wishing to file or amend their plan year 2008 or prior Form 5500 must use the current Form 5500 to submit that return/report in accordance with the directions in FAQ 4. Required schedules must be included in accordance with the procedures described in FAQ 4.

[Santo Gold]

However, since the EZ is not filed online, would you say these instructions still apply? If so, then it seems we need to file a 5500 online for a plan that normally would only file a simple EZ form. Does this sound correct?