Cannot locate 98 5500-EZ - what to do?

[Guest MEGary]

We have recently taken over a plan in which we cannot locate the 1998 5500-EZ. When we confront the company who should have prepared the 1998 5500-EZ, they think they filed it, but "may have forgotten to file it". I have checked on freeerisa.com and have come up empty handed. I am trying to determine what to do at this point. Since we don't know if a 98 form was filed, should we:

1. Create a new 98 form and file it late?

2. File the 99 form and hope the 98 form was already filed?

3. Try to request a copy of the form from the IRS (any suggestions)?

4. Something else?

Thanks for all feedback.

[Guest Jim Hunzelman]

I have run into this a couple of times. I have always prepared a 5500 for the "missing" year, had the client sign it (current date, of course) and filed it with a cover letter explaining the circumstances and asking that any penalties be abated. If your explanation is reasonable, this approach seems to work.