Solo 401(k) did not file 5500 EZ - Has anyone tried a letter, lately?

[Jim Chad]

Has anyone tried writing a letter since the voluntary program was started? I have a farmer that went over $250,000 in 2013. He did not file an EZ for 2013 or 2014, calendar years.

[Lou S.]

Given that they have a program in place that's relatively cheap I would think "reasonable cause" letters would now have to be something a bit out of the ordinary. I doubt the "oops" didn't know I went over and had to file (or similar excuse) is likely to be accepted as reasonable cause and if you do try a reasonable cause letter you are no longer eligible for the program that allows missed returns to be filed for $500 a year with a $1,500 max cap.

https://www.irs.gov/Retirement-Plans/Penalty-Relief-Program-for-Form-5500-EZ-Late-Filers

As an alternative to submitting late returns under this delinquent filer program, you may instead request relief by attaching a statement to your delinquent return, signed by a person in authority, stating your reasonable cause for the untimely return. However, if the request is denied, you will receive a penalty notice (CP 283) and the return will no longer be eligible for this delinquent filer program.