TPA (me) Did Not File 5500 2019 w/ Special Extension (Hurricane Sally)

[RestAssured]

I, the client's TPA, did not file the 5500 that was due Jan 15, 2021 for the 2019 plan year.  The deadline was extended b/c of Hurricane Sally, therefore it was due on Jan 15, 2021.

I am willing to pay the $750 DFVC fee myself, but am coming here in hopes that someone knows of a way I can plead my case.  The client has NOT received notification from IRS or DOL; I discovered my error when I was filing his 2020 5500.  I don't know why I didn't file his 2019, it looks like I began the process.  Who knows what happened back in Jan 2021.

Any ideas?  Thanks so much!

[CuseFan]

If the 2020 5500 has been filed I would be very scared that the 2019 late letter would be imminent and suggest biting the bullet to incur the cost and file DFVC ASAP. Otherwise you risk a much larger penalty, which you've already copped to, that no manufactured excuse is likely to abate.

[imchipbrown]

Agree with Cuse.  $750 is cheap compared to the alternative.  You'll make up some of the fee by charging for the 5500.  And you'll "Rest Assured".

[RestAssured]

Thank you both.  I agree.  Was just hoping there was an out since it was MY mistake, not the client's.  This has never happened before to me, I will say 😂

[ERISA-Atty]

i concur.  It's an inexpensive reminder to file timely.  Do the program filing quickly.

[ESOP Guy]

You might want to review your WIP process to see if it was a one time, thing which happens to all of us, or there is a hole in your process.