8955 DB Plan

[SSRRS]

In a DB plan audit they are asking for the 8955 for that year as 2 employees terminated in the year of the audit 

1. Technically you have until the following year to first report the new termination and vested benefit. 

2. How do you prove the 8955 was filed if it was mailed ( prior to 2024 still mailed) with regular first class mail?

A. Thru showing a copy of the signed and dated form that was mailed in?

B. And must a signed copy be located or suffices if just have a copy of the form that was mailed?

Thank you

 

[mming]

Presuming that you are preparing to initially respond to the audit and haven't done the following, point out to the auditor that an 8955 was not filed for the audit year because the employees were not voluntarily reported (as you imply).  In such an instance, our tact is to politely remind the auditor that this is the year they're auditing, not the following year (when the form would generally be required).

Is the agent just asking for a copy, or for proof of filing?  We suggest to the sponsors that they obtain proof of delivery, e.g., use certified mail, whenever mailing something to the IRS, and that they send the TPA a signed copy.  If the agent insists on the 8955, and there's no proof of delivery or signed copy available, give them an unsigned copy.  I know the IRS/DOL is known for their departments not communicating with each other, but hopefully they can find the copy that was filed when pressed.  We've been pretty successful in having the auditor back off when reminded to stay focused on the year being audited, so perhaps your second point won't be an issue.  

 

[SSRRS]

Thank you so much mming, for your sharp and efficient idea. Just wondering

1. Since the event (termination) that made the 8955 necessary, took place during 2022, can they claim that therfore it is their job to make sure it was done in 2023 (or anything required after the 22 audit year they are not suposed to look into?)

2. Although there is no dfvcp for the 8955, however, if you use the dfvcp for the 5500, then you can file the 8955 as well with the dfvcp.

Do you think it is an idea to amend the 5500 and ck off the dfvcp as well and then can file the 8955 with the dfvcp.

Or just give a copy of the 8955, even if don't have proof of filing? 

3. Can you use dfvcp during an audit?

Thank you!