5558 form filed under old EIN - now what to do when filing 5500

We filed From 5558 for a plan sponsor using the EIN it had been using in past years.   The sponsor elected S corp status for 2022 and wrongly assumed the EIN would not change.  the plan sponsor said the EIN (old one) on the 5500 now to sign is wrong.  But if we use the new one - it wil not link with the 5558.  I was thinking of filing under the old EIN.  That will not raise any red flags.  At this point any late filing penalty is small - 10 days which we can eat but I'd rather not go there.  It is an EZ by the way.

Any suggestions?

I assume you're putting the old EIN in question 4 of the 5500 ez? That would tie to the 5558 anyway. I would do that and wait for a letter. We have to deal with rejected 5558s for no good reason anyway.

Is the client on extension to file taxes? You can get a copy of that extension and use it as automatic approval if the IRS questions old EIN on your submitted 5558.

Otherwise I'd go with Bill's suggestion which seems reasonable.

Bill we we do that and get it filed immediately.  But Lou I will check on that.

When I have had this issue, I file the 5500 with the same information that is on the 5558, then send a letter to the IRS (address below) asking them to change it to the correct information with an explanation of what happened.  A few months later, client gets a letter from IRS explaining a change to their Form 5500. 

Internal Revenue Service

ATTN: EP Accounts

MS 6552

Ogden, UT  84201

Another option, though I'm not sure it's the best is to file the return under the old EIN so it matches 5558, then file an amended return with the new EIN and note the change with the old EIN in question 4.

1 hour ago, Lou S. said:

Another option, though I'm not sure it's the best is to file the return under the old EIN so it matches 5558, then file an amended return with the new EIN and note the change with the old EIN in question 4.

FWIW, I still think this causes an issue if there is no 5558 with that EIN and PN.  You are likely to get a love letter from the IRS that you need to respond to, so you might as well initiate it and get it over with.

On 8/10/2023 at 11:27 AM, Bill Presson said:

We have to deal with rejected 5558s for no good reason anyway.

Well put.