Missed filing 5500 (2023) for long term client

[Basically]

I can't believe this happenned!  This client is very responsive and always gets to me the annual census, financial info, and once completed the 5500 signed so that we can file quickly.  Unfortunately, for 2023 I just didn't hit the file button so the 5500 didn't get filed.  2024 has been filed.  They received and sent to me the love letter from the IRS saying that they don't have record of receiveing the 5500 for 2023.    So...

• Can I still do the DFVC?  No penalty letter has been received. 
• Is there no way to plead to the IRS to let it go?  I can show a long history of better than timely filing
  I'm going to have to eat this one aren't I.   People make mistakes... there was no ill intent... it was just missed.  Give a small TPA a break!

What's the best way to go about this??

[Bill Presson]

File under DFVC and lay the penalty OR just reduce your fees by the same and have the client pay it. As long as you don’t have a letter from the DOL, you’re good. 

[Basically]

My apologies Ms. Baker... I'll keep my posting more professional

Thanks Bill.... I'll do that.

I went to the DFVC link and this is what it said...  Sheesh... I guess I can't do anything right now

 

 

[RatherBeGolfing]

2 hours ago, Basically said:

My apologies Ms. Baker... I'll keep my posting more professional

Thanks Bill.... I'll do that.

I went to the DFVC link and this is what it said...  Sheesh... I guess I can't do anything right now

 

 

Scroll down on the page.  You have to file the form first with DFVCP box checked.  After about 24 hours, you can proceed with the DFVCP app.  With a recent update, you now enter EIN and PN, and the website will populate the details and calculate the penalty. 

[Basically]

THANKS!  I did end up exploring more and saw that.  

[Peter Gulia]

Am I right in guessing that the delinquent-filer relief is completely computerized, and does not depend on a Labor department employee being available to process a submission?

[RatherBeGolfing]

2 hours ago, Peter Gulia said:

Am I right in guessing that the delinquent-filer relief is completely computerized, and does not depend on a Labor department employee being available to process a submission?

You are correct.

[thepensionmaven]

Entirely my fault, I was. not able to get a couple of SFs and EZ done by 10/5 (I understand 10/16 has usually been OK.

The filings went though and were marked as "filing received", which is all my software vendor gives on their receipt of filing, with date and acknowledgement ID for both SF and EZ and the client had signed the form October 15, but I assume forgot to send it to me for submission.

The EFAST website lists the filing as "filing received" with a copy of the form and the date the client signed it.

Since the client obtained the "filing received", and the filing did not go through with the "warning" instead of the "approved" from the software vendor, edit checks,  is there anything to worry about, ie a love letter from Rosie the IRS robot?

[Belgarath]

Maybe things have changed, but I thought that an EZ isn't eligible for the DOL's program. Instead, you have to use the IRS program under Rev. Proc. (2015-32?) and it is a paper filing - can't file electronically. You might want to check on that.