TPApril Posted yesterday at 09:34 PM Posted yesterday at 09:34 PM We always file Form 5558 if extending a plan's 5500. However, sometimes, for a variety of reasons, a 5558 is missed, but it is confirmed that they meet the requirements for filing late under an Automatic Extension. I was curious if there is a trend to not file a 5558 if it is know the Plan Sponsor has filed an Automatic Extension and their fiscal year matches the plan year?
Peter Gulia Posted 10 hours ago Posted 10 hours ago The Form 5500 Instructions include this: “An extension granted by using this automatic[-]extension procedure [related to “the employer’s” Federal income tax return] CANNOT be extended further by filing a Form 5558[.]” 2025 Instructions for Form 5500 Annual Return/Report of Employee Benefit Plan, “Using Extension of Time To File Federal Income Tax Return”, page 4 right column (emphasis in original), https://www.dol.gov/sites/dolgov/files/ebsa/employers-and-advisers/plan-administration-and-compliance/reporting-and-filing/form-5500/2025-instructions.pdf Not all extensions that result from an extension of an employer’s tax return get as long an extension as one can get by filing a Form 5558. For example, a calendar-year corporation’s tax-return due date might extend only to mid-September, rather than a calendar plan year’s extension to mid-October. Filing a Form 5558 sometimes gets a longer time, and even if the Form 5500 due-date extensions are identical often gets greater comfort or convenience about the Form 5500 extended due date. I’m not readily imagining a situation in which the incremental expense of filing Form 5558 outweighs that comfort. I suspect many practitioners do not deliberately omit a Form 5558 extension. Rather, one resorts to a tax-return extension if a Form 5558 was not filed. Paul I, do the computer systems allow checking both the “Form 5558” and “automatic extension” boxes for the opening page’s Part I item D? BenefitsLink mavens, is there more learning on TPApril’s query or this topic? Peter Gulia PC Fiduciary Guidance Counsel Philadelphia, Pennsylvania 215-732-1552 Peter@FiduciaryGuidanceCounsel.com
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