Clients who dont submit census data

[R. Scott]

Can other TPA's please share how you handle the Form 5500 filings for clients who despite diligent follow up are not submitting their census data to you?

 

Specifically:

1) Do you send one last follow up to them saying that you wont be able to do their compliance testing & 5500 filing without the data and they should prepare to receive an IRS letter at some point?

 

2) Or do you resign as their TPA at some point before the 5500 is due to be filed?

 

3) Do you attempt to at least prepare a 5500 using only the data you have access to at their recordkeeper and then send it to the client with a disclaimer that it may not be accurate and that the compliance testing is still outstanding, just to at least spare them from receiving an IRS letter for a delinquent filing?  

 

How are you all handling these situations? 

[RatherBeGolfing]

Everyone's situation is different, so how they handle these situations may be different. 

What does your service agreement say? 

Regardless of the above, don't make your client's problem your problem.  

[ratherbereading]

We typically do #3.  

[BG5150]

Combination of all three.  But like RBG said, check your service agreement.

In most of the places I've worked we would not prepare the 5500 (or publish it for filing at least) until the work was done and paid for.  ( We usually bill ahead for the next year)