IRS late 5500 notice

The plan was merged into another plan and the 2015 final (short plan year) Form 5500 was not filed. The plan sponsor received a notice from the IRS inquiring about the filing.   We are proposing DFVCP.

Will the IRS notice preclude them from filing under DFVCP?  I'm reading that you can file under DFVCP as long as you don't receive a notice from the DOL but there is no reference to IRS.

Just now, Trisports said:

The plan was merged into another plan and the 2015 final (short plan year) Form 5500 was not filed. The plan sponsor received a notice from the IRS inquiring about the filing.   We are proposing DFVCP.

Will the IRS notice preclude them from filing under DFVCP?  I'm reading that you can file under DFVCP as long as you don't receive a notice from the DOL but there is no reference to IRS.

 

No.  In fact, the IRS notice probably even tells them that they can do DFVCP.  Is it a CP 403 or CP 406 notice?

It is a CP 403.

The notice indicates that if the plan sponsor is eligible for DFVCP, to complete the date they applied, so I think they will be ok. Just wanted to double check.

Thanks.

3 hours ago, Trisports said:

It is a CP 403.

The notice indicates that if the plan sponsor is eligible for DFVCP, to complete the date they applied, so I think they will be ok. Just wanted to double check.

Thanks.

 

Yep, they are fine.

Out of curiosity, if it were a CP-406 notice the client got could they still submit under DFVCP?

Yes.  CP406 is the final notice but  still eligible for DFVCP.  The notice should say that it DFVCP is an option.

Reviewing a just rec'd CP-403 for 2019 when no 5500 filed.  Cannot fill in a date for DFVCP since never filed, but plan sponsor has expressed interest (obviously right?) in doing so.

I'm thinking it's fine to file 5500 along with DFVCP after the date of the Notice and prior to the required response date.

I think you file the 5500 first, then the DFVCP when you have the acknowledgement ID.