t.haley Posted August 27, 2024 Posted August 27, 2024 Governmental entity mistakenly filing Form 5500-SFs for years. Should we simply stop filing (and risk inquiry from DOL/IRS) or notify DOL/IRS that they will stop filing 5500s because they are not subject to ERISA?
Gina Alsdorf Posted August 28, 2024 Posted August 28, 2024 Having been through the ringer once to convince the DOL that a plan was not subject to filing because it was governmental, I would say prospectively notify them, maybe amend the last filing to include an attachment explains why they are no longer filing? If they request a filing, and you are exempt, you may still have to submit a reason.
Sabrina1 Posted August 28, 2024 Posted August 28, 2024 I would agree with Gina to amend the last 5500 that was filed, update it to meet the requirements of a "final return," and attach a PDF statement explaining the plan is/was exempt from the 5500 requirement and why, and that the 5500s were filed in error. Bri and Gina Alsdorf 2
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