8955-SSA - client approval

[rcline46]

We know the IRS re-canted and allowed filing of multiple Forms 8955-SSA under one TCC so that administration firms do not have to obtain a TCC for each client.

My memory (a very suspect item) says the IRS also specifically allow said firms to file the forms without specific approval or authorization by the plan sponsors. (if paper is filed, sponsor or plan administrator must file, but if filed electronically no signature and no pre-authorization)

My usual problem, I cannot locate anything here (only 2 threads using 8955-ssa and fire), nothing in the instructions, and nothing in the IRS website.

Does anyone else have such a memory, and more importantly for my attorney - a cite?

Thank you all, and have a great weekend

[Tom Poje]

well, under Publication 4810 which specifies the requirement for the layout for electronic submission find anywhere at all where there is a place specified for including an electronic signature or otherwise or must be included somehow, in some way shape or form.

in addition, vendors such as FT William which carry the blurb as part of their instructions:

Electronic Filing Process Requires No Signature
Paper Form 8955-SSAs must have the plan administrator and plan sponsor sign the bottom of page 1. However, if the plan administrator and plan sponsor are the same person, then only the plan administrator need sign. At this time, there are no signing requirements to e-sign. However, it is good practice to send the completed form (on paper or pdf) and ask clients to review, sign and keep a paper copy for their records.

would have received at least one (maybe 2) IRS complaints for not requiring signatures since 2009. (well, ok, maybe the IRS has yet to look at any form 8955-ssa that were filed electronically and have only sent out late notices on forms that have been filed on paper.

[Bird]

FAQs are here: http://www.irs.gov/Retirement-Plans/Retirement-Plan-FAQs-Regarding-Form-8955-SSA

#12 says electronic signatures are not required. I can't find anything that says specific approval to file is or is not required.

[chc93]

well, under Publication 4810 which specifies the requirement for the layout for electronic submission find anywhere at all where there is a place specified for including an electronic signature or otherwise or must be included somehow, in some way shape or form.

in addition, vendors such as FT William which carry the blurb as part of their instructions:

Electronic Filing Process Requires No Signature

Paper Form 8955-SSAs must have the plan administrator and plan sponsor sign the bottom of page 1. However, if the plan administrator and plan sponsor are the same person, then only the plan administrator need sign. At this time, there are no signing requirements to e-sign. However, it is good practice to send the completed form (on paper or pdf) and ask clients to review, sign and keep a paper copy for their records.

would have received at least one (maybe 2) IRS complaints for not requiring signatures since 2009. (well, ok, maybe the IRS has yet to look at any form 8955-ssa that were filed electronically and have only sent out late notices on forms that have been filed on paper.

We have also gone the next step and have the plan administrator scan/email or fax or mail page 1 with their signature(s) before we electronically file. Gives assurance that they know of such form that will be filed with the IRS, and maybe also have some assurance that they actually reviewed the form.