Unnecessary H&W 5500s

[Griswold]

Company has always been under 100 participants but has been filing 5500s for its H&W plan. Now saying that its broker filed those in error and doesn't have a wrap plan in place. Should they correct the 5500s even though they didn't have to file in the first place?

[Luke Bailey]

On 9/22/2023 at 10:53 AM, Griswold said:

Should they correct the 5500s even though they didn't have to file in the first place?

Griswold, are you asking whether they should amend their prior unnecessary filings by filing multiple 5500's for each year for each separate benefit because they didn't have a wrap plan? If that's what you're asking I'd want to thoroughly examine the facts to be sure that they really didn't have to file, but if they didn't have to file there's no need to amend prior unnecessary filings.