R. Butler Posted November 2, 2023 Posted November 2, 2023 Sole owner dies in 2022. Business had participants other than the owner so 5500-SF had been filed in all years. By the end of 2022 all assets had been distributed except for the deceased owner's. They have a final filing for 2023, do they file a 5500-EZ or continue with the 5500-SF? Thanks for any guidance.
RatherBeGolfing Posted November 2, 2023 Posted November 2, 2023 You file the Form 5500 you are required to file. If it is a one-participant plan in 2023, you file an EZ. Will they follow up looking for an SF? Probably, but you are ineligible for the SF in 2023 if its a one-participant plan. Bri, Bill Presson, Luke Bailey and 1 other 4
BeanCounterBlues Posted January 5, 2024 Posted January 5, 2024 I had this same situation occur about three years ago with a client (one owner, three employees, safe harbor 401k plan). Plan terminated, and one remaining filing year existed, with only the owner's assets. I had the same concern, "which 5500 version to file." I conversed with a technical agent at DOL EBSA, but I had first come to the conclusion stated by RatherBeGolfing. The agent, however, said that the client must file an SF, not an EZ. I realize that an agent is not a reliable substitute for research, but since I saw this post and had the exact same situation arise, thought I would add to the conversation.
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