Retroactively adopted DB plan filing 5500-SF

[dougmal]

We have a plan that was adopted in 2022, but we have elected to treat it as adopted in 2021. We have already file the 2021 Form 5500-SF, including the SB.

Now we are working on the 2022 Form 5500-SF, and the instructions for Box D in the 5500-SF instructions and the instructions for the SB both say that we need to check that box and attach the signed 2021 signed SB, with no mention of whether or not the 2021 form 5500 has already been filed. 

Has anyone here seen any guidance on this? Do we just check it and attach the 2021 SB here per instructions? Or is this only in place for if this is the first filing for the plan?

I'll probably play it safe and check the box/attach a copy of the 2021 SB, but this seems counter to the point of the box.

 

Thanks!

Doug Fresh

[John Feldt ERPA CPC QPA]

Yes, follow the instructions and next time when an employer adopts a plan that has a retroactive effective date that starts in the prior year, don’t file a Form 5500 for that retroactive year. Keep the executed SB on file though to include it with the first filed Form 5500 (year #2).