Who May File Form 5500-SF

[abanky]

Can this plan file the 2014 5500-SF?

Participant count:

1/1/2012 - 99 Filed 2012 SF

1/1/2013 - 117 Filed 2013 SF

1/1/2014 -- 108 ?

I believe they can keep filing the SF until they get over 120 participants.

1. The plan (a) covered fewer than 100 participants at the beginning of the plan year 2014, or (b) under 29 CFR 2520.103-1(d) was eligible to and filed as a small plan for plan year 2013 and did not cover more than 120 participants at the beginning of plan year 2014 (see instructions for line 5 on counting the number of participants);

[BG5150]

You are correct. 120 BOY is the magic number.

[My 2 cents]

But don't forget - once they go over 120, they would need to get down below 100 to use the SF again!

If between 80 and 120, get to continue using same form as year before. Unlikely that sponsors would really want to continue using 5500 if fell below 100 and otherwise qualified for the 5500-SF. But could if they wanted to if stayed over 80.