Extension filed for first year but no 5500 requirement

[Trisports]

A new health and welfare plan was established in 2016 and had less than 100 participants in 2016 and 2017 so no Form 5500 was filed. For the 2018 plan year, we were incorrectly told by the client that the number of participants at the beginning of the year was 145 so we filed an extension before July 31 indicating this is the first extension for the plan. Upon additional review, the client confirmed there were only 20 participants at the beginning of 2018 , therefore a 5500 report is not required.

Do we need to do anything to notify the IRS to disregard the extension?  Will we get any inquiry from the DOL about a potential filing? Now that we filed an extension, do they expect to receive a 5500?

 

Thanks.

 

[chc93]

My expectation is that you will not hear anything from the IRS or DOL.  My understanding is that the extensions are filed with the IRS.  The IRS gets notice of filings after the original due date from EBSA.  (I think EBSA only looks to see that the filing under Form 5558 box was checked.)  The IRS then checks their data base to see if an extension was filed.

So if the IRS doesn't get any notification from EBSA that a filing was after the due date, the IRS doesn't do anything with the extensions other than enter it in their system.

As another example, we have filed extensions for the 5500 with the IRS, then subsequently filed the 5500 before the original due date.  Never told the IRS to disregard the extension.  Never heard anything from the IRS or DOL.