JustMe Posted May 21, 2021 Posted May 21, 2021 We recently took over a tribal government plan and the prior TPA has been filing a Form 5500 for the plan since its inception. This plan truly qualifies as a tribal governmental plan and so it is not subject to the Form 5500 requirements. Should we file for the 2020 plan year and mark that it is the Final Form 5500 or not file and, when the IRS sends a letter requesting the filing, respond that the plan is not subject to the Form 5500 filing requirement?
BG5150 Posted May 21, 2021 Posted May 21, 2021 I'm not sure if it is an error or a warning if you try to file a final 5500 with assets still in the plan... QKA, QPA, CPC, ERPATwo wrongs don't make a right, but three rights make a left.
Patricia Neal Jensen Posted May 25, 2021 Posted May 25, 2021 Happens to us when taking over Non-Electing Church plans from TPA's who were filing 5500's. We agree re not filing "final" 5500 because the plan still has assets. We have a letter we help the plan sponsor send when contacted by the IRS about the "missing filing." That approach seems to work fine. Bill Presson 1 Patricia Neal Jensen, JD Vice President and Nonprofit Practice Leader |Future Plan, an Ascensus Company 21031 Ventura Blvd., 12th Floor Woodland Hills, CA 91364 E patricia.jensen@futureplan.com P 949-325-6727
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