Jakyasar Posted March 29, 2020 Posted March 29, 2020 Hi Have a plan that has 4/15/2020 as the extended 5500/PBGC/SSA filing. Unless I missed it, so far there is no extension, is that correct? Thank you and be safe.
Peter Gulia Posted March 29, 2020 Posted March 29, 2020 The Secretary of Labor has some authority to delay a due date by up to one year. ERISA § 518 now allows this not only for “a terroristic or military action” (added after the 9/11 attacks) but also for “a public health emergency[.]” That change was enacted Friday afternoon, March 27. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
Belgarath Posted March 30, 2020 Posted March 30, 2020 But they haven't (yet) formally announced an actual delay, right?
RatherBeGolfing Posted March 30, 2020 Posted March 30, 2020 7 minutes ago, Belgarath said: But they haven't (yet) formally announced an actual delay, right? Correct
Jakyasar Posted March 30, 2020 Author Posted March 30, 2020 I am still going to push the client to file on time. Until I see something in writing, not quite sure want to risk it. There is always DVFC but...
Peter Gulia Posted March 30, 2020 Posted March 30, 2020 That’s what I’ve been doing. Despite the Securities and Exchange Commission’s order allowing a delay, my investment-adviser clients filed Form ADV before March 30, the unextended due date. And my plan-sponsor clients signed restatements that had been due this month. Another reason to keep working (if the practitioner and the client can): The sooner a Form 5500 report is filed, the sooner an ERISA or Internal Revenue Code statute-of-repose or statute-of-limitations period begins to run. Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
C. B. Zeller Posted March 30, 2020 Posted March 30, 2020 It seems that it's going to be necessary. CARES extended the minimum funding deadline for DB plans to 1/1/2021 and the Schedule SB can't be completed until after the funding contribution has been made. Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
Mike Preston Posted March 30, 2020 Posted March 30, 2020 Not true. You can always complete the Sch SB on time and show a deficiency which gets eliminated in the next year's filing.
C. B. Zeller Posted March 30, 2020 Posted March 30, 2020 True, I suppose I should have added "...unless you want to show an unpaid minimum contribution" to the end of my comment. We might be getting some mileage out of the new PBGC reporting questions on the 5500-SF this year, if that's the case. Free advice is worth what you paid for it. Do not rely on the information provided in this post for any purpose, including (but not limited to): tax planning, compliance with ERISA or the IRC, investing or other forms of fortune-telling, bird identification, relationship advice, or spiritual guidance. Corey B. Zeller, MSEA, CPC, QPA, QKA Preferred Pension Planning Corp.corey@pppc.co
Jakyasar Posted March 31, 2020 Author Posted March 31, 2020 Of course, the longer you wait for the funding, the more you will have to put in
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