Delinquent Filer Program

[CLE401kGuy]

If an employer started a calendar year 401k plan in 2000 and only just started doing 5500's in 2014 - therefore, missing 2000 to 2013 filings - essentially missing 14 filings in all, do all 14 need to be submitted through EFAST2 - or do you just submit for open years... it may be difficult to locate the information for the initial plan years... i see that there is a $1500 cap for a single plan if multiple years were missed, but nothing that says if you need to file all returns back as far as missed.... (since it doesn't say that, perhaps it's because they all need to be filed...) Any thoughts would be appreciated! Thanks

[Mike Preston]

You only get absolution with respect to years that are filed.

[buckaroo]

Did he not file due to the balance in the plan? Is it a one participant plan filing an EZ?

[Flyboyjohn]

My understanding is DOL wants you to file all the way back to the year they took over from IRS (1998 or 1999, can't remember) but that would be 2000 in your case.

But, they only insist on 3 "perfect" returns (presumably the most recent 3 years) and the rest can be estimates/guesses (just to show that something was filed).

Since it's a flat fee I'd recommend filing "something" for all years.

[CLE401kGuy]

Thanks everyone for your help here, it is greatly appreciated....!

[Bill Presson]

I would also have a concern about every other aspect of the plan administration and plan document if there were 5500's due and they weren't done.