metsfan026 Posted March 18 Posted March 18 We have a new 1 person plan who failed to file a Form 5500 despite crossing the $250k threshold that requires it. I was looking at the DFVCP program, but one-person plans don't qualify for it. Is there a correction program for plans that file Form 5500-EZ? Trying to figure out how to get them back in compliance. Thanks in advance!
Paul I Posted March 18 Posted March 18 You will find process on Page 4 of the instructions for the Form 5500-EZ in the section Late Filer Penalty Relief Program. It also includes a link to the IRS website. Short version, you have to file on the form on paper using the Form 5500-EZ for the plan year of the missing filing, attach it to Form 14704 which includes providing a reason the form(s) is late, and mail it to the IRS. There is a fee depending upon the number of years. The IRS then decides if there was a valid reason and whether they will assess a penalty for the late filing. My experience is they are very forgiving if the filing is voluntary.
RatherBeGolfing Posted March 18 Posted March 18 4 hours ago, Paul I said: The IRS then decides if there was a valid reason and whether they will assess a penalty for the late filing. My experience is they are very forgiving if the filing is voluntary. Using the penalty relief program under Rev Proc 2015-32 is all based on eligibility and paying the user fee. As long as you are eligible and pay the fee, the reason doesn't matter. Paul I 1
Paul I Posted March 18 Posted March 18 @RatherBeGolfing is correct that if you are eligible for the penalty relief and pay the fee, you don't have to provide a reason. I appreciate the clarification. RatherBeGolfing and Carike 2
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