stphnyok Posted October 8, 2020 Posted October 8, 2020 We have a plan that has no assets. The proceeds were distributed in 2019. The company dissolved and the prior signer is claiming there is no one to sign the final 5500. Any thoughts of how this should be handled.
Lou S. Posted October 8, 2020 Posted October 8, 2020 Remind them that penalty for failure to file can be severe between IRS and/or DOL and suggest they find a responsible signor. Luke Bailey 1
shERPA Posted October 8, 2020 Posted October 8, 2020 Point of order, the former client has a plan, not you. Usually in wrapping up a corporation, final actions include appointing an officer to wrap up its affairs in an orderly manner. Who was named to do so? Also, who were the trustees? Do they want an IRS/DOL non-filing inquiry in a couple of years? Who will respond to it and what will they say? If they don't response, they may get an investigation. At that point sucks to be them, running up lawyer fees with no plan or corp to pay. Their choice. Bill Presson and Luke Bailey 2 I carry stuff uphill for others who get all the glory.
Ebplans Posted October 9, 2020 Posted October 9, 2020 You don't want the DOL to get the perception that the client cannot be bothered with the final 5500 filing or even worse, the DOL perceives the clinet is disregarding the DOL. They will not go away until they have what they want. The folks in TEGE are a bunch of swethearts by comparison to the DOL. David Schultz, acm_acm and Luke Bailey 3
david rigby Posted October 9, 2020 Posted October 9, 2020 18 minutes ago, Ebplans said: The folks in TEGE are a bunch of swethearts by comparison to the DOL. "There is no passion like that of a functionary for his function." - Georges Clemenceau I'm a retirement actuary. Nothing about my comments is intended or should be construed as investment, tax, legal or accounting advice. Occasionally, but not all the time, it might be reasonable to interpret my comments as actuarial or consulting advice.
Luke Bailey Posted October 10, 2020 Posted October 10, 2020 3 hours ago, david rigby said: "There is no passion like that of a functionary for his function." - Georges Clemenceau That's a great quote and applicable to some extent, I think, to EB professionals (including lawyers...especially lawyers) in and out of government, but in their defense I would say EBSA has an awfully small staff for a really big job. acm_acm and David Schultz 2 Luke Bailey Senior Counsel Clark Hill PLC 214-651-4572 (O) | LBailey@clarkhill.com 2600 Dallas Parkway Suite 600 Frisco, TX 75034
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