5500 filed under wrong plan number

[Belgarath]

This is a strange one, at least nothing that I've ever seen. Welfare benefit plan (disability) always had two components - one union, one non-union. Different benefits for each component. Union benefits self-funded by employer general assets, non-union funded by insurance. All filed as, say, plan number 501.

At some point in the past, the client split this into separate plans, but apparently never told their TPA. They hired a new TPA to handle the union plan, and for 2012 the new TPA filed the union plan as 501, apparently correctly. The other TPA, who apparently was never informed of this, filed the non-union plan for 2012, also as plan 501. So two 5500 forms were filed for plan 501.

Now we enter the picture. To correct this, it seems logical to file an amended 2012 filing for the non-union plan, using new plan number 502.

My question is this: I've never seen a return amended for a wrong plan number. Will the e-fast system correctly accept it as an "amended" filing form if the plan number is changing? Or can you only "amend" a filing for the same plan number?

I've got to think this can't be the first time a plan has been filed using an incorrect plan number, and that an amended filing is ok, but I'd feel better if someone who has actually seen or done it could confirm that.

Thanks!

[Flyboyjohn]

First step I would take is to go to the DOL website and confirm which 2012 5500 for Plan 501 the DOL is "recognizing". I find it hard to believe they would recognize 2 filings for the same year and plan number without considering the first filing as being overriden by the second or possibly not accepting the 2nd filing.

Please report what you find and maybe I or someone else will have a suggested approach.

[Belgarath]

Both were accepted. Neither was filed as an amended return.

[Flyboyjohn]

Perfect, now do what you thought:

"To correct this, it seems logical to file an amended 2012 filing for the non-union plan, using new plan number 502."

In filing the amended return it's critical that you reference the AckID for the original filing for the non-union plan.

[Belgarath]

Thanks for the tip. I'll have to see where this would be input on our software system (FT William) - probably easy to find, but if not, their "help desk" is really excellent.

[Guest pal107]

I beleive you have to fax a description of the issue to the IRS "entity" department and they will (eventually) be able to get issues with EINs and PNs corrected. The IRS 800 number that deals with 5500s can provide you with a fax number for this department.