5500 is overdue - final notice - CP-406

[tymesup]

Client receives CP-403 in November, where is your 2013 5500? We respond, no filing required, 2014 was the first year of the plan.

Client receives CP-406, where is your 2013 5500, this is your final notice. We respond as above.

Will the IRS inform us of the status of our response? If not, is there some way to find out.

Thanks for your help.

[BG5150]

What was the effective date of the plan on the 2014 5500?

[tymesup]

Effective date - 1/1/14

First return checked

BOY assets - 0

[BG5150]

Is this the first plan of the employer?

[tymesup]

PN = 006

The 2014 filing is the only one on the DOL website for this PN

[BG5150]

Then ya got me

[Lou S.]

I assume you've already send in the first filing with a letter noting they are asking for a 5500 for a year before the initial effective date?

If you have and they haven't fixed time to start making some phone calls and get a warm body to address the issue.

[tymesup]

I wrote to efast, let's see what comes back.

[tymesup]

Thank you for your inquiry.

Even after being received by the EFAST2 system, the return/report filing may be subject to further detailed review by DOL, IRS, and/or PBGC, and the filing may be deemed deficient based upon this further review.

The Department of Labor's EFAST2 Contact Center is not able to provide guidance on how to properly respond to correspondence you have received from the IRS. However, you may call the IRS directly at 877-829-5500 if necessary.

[My 2 cents]

Thank you for your inquiry.

Even after being received by the EFAST2 system, the return/report filing may be subject to further detailed review by DOL, IRS, and/or PBGC, and the filing may be deemed deficient based upon this further review.

The Department of Labor's EFAST2 Contact Center is not able to provide guidance on how to properly respond to correspondence you have received from the IRS. However, you may call the IRS directly at 877-829-5500 if necessary.

I agree with Lou S - you need to get a sentient being (preferably a warm-blooded one) to look at this. EFAST2 does not meet this criterion. Call the IRS number EFAST2 gave you (was there no contact information on the CP-406?) and push until you talk to someone with enough intelligence to understand that there is no 2013 5500 due for a plan first effective 1/1/14.

[BG5150]

Will the IRS talk tot he TPA without a PoA?

[My 2 cents]

Will the IRS talk tot he TPA without a PoA?

Would it be considered a federal crime to call the IRS and impersonate a plan official to tell the IRS that they are mistakenly threatening the sponsor with adverse consequences because no 5500 was filed for a year in which the plan did not exist ? If so, then either the plan sponsor has to actually contact the IRS themselves or provide the TPA a PoA to authorize them to do it for them. If not, since no confidential information would be communicated in either direction, why not do that? Just saying.

[jpod]

Forgive me but I don't understand the concern here. Enlighten me. If the concern is the client's irrational fear of the IRS/DOL, well then, ok, I get it. Absent that, why worry?

[Flyboyjohn]

You mention that the new plan is 006, might the IRS be asking about a 2013 return for plan 005?

[tymesup]

The initial inquiry and the current inquiry both refer to plan 006.

[tymesup]

Feds closed the notice, will not confirm in writing.

[GMK]

Feds closed the notice

What does that mean? Is it the good news that they are no longer requesting the 2013 5500?

[My 2 cents]

Feds closed the notice

What does that mean? Is it the good news that they are no longer requesting the 2013 5500?

Probably the better news that there is no further threat of penalties for the "late filing"

[thepensionmaven]

What does the participant count as of the beginning of year?

Is it -0- or a number greater than -0-

[My 2 cents]

What does the participant count as of the beginning of year?

Is it -0- or a number greater than -0-

Are you asking about the participant count as of the beginning of the 2014 plan year? Presumably, there would have been a number greater than 0, since anyone eligible as of the effective date of the plan would have become a participant as of that date.

Of course, the idea of a participant count at all is meaningless prior to the effective date of the plan. So (assuming it's a calendar year plan year), trying to come up with a beginning of year count for 2013 or an end of year count for 2013 is like dividing by 0.