News Archive

"The types of entities eligible for the program [have] been expanded to include multiple employer welfare arrangements (MEWAs) and Entities Claiming Exception (ECEs) seeking to file a late Form M-1.... DOL is also updating the process for the assessment of the flat rate penalty for top hat and apprenticeship and training plans."  MORE >>

"Following a review of the DFVC Program, as modified in 2002 and 2013, the Department has determined to expand the penalty relief to plan MEWAs, non-plan MEWAs, and ECEs who are required to file the Form M-1.... The Department, to encourage voluntary compliance with ERISA's reporting requirements, is extending to plan and non-plan MEWAs and ECEs that are required to file Form M-1 the same $750 maximum penalty amount currently available to small plans filing a late Form 5500, and to filers of apprenticeship and training plans and top hat plans. In addition, top hat and apprenticeship plans will no longer be directed to the DFVC payment calculator. All plans eligible to pay a flat $750 fee will follow a link to a gov.pay site.... The DFVC Program described herein shall be effective December 19, 2025."  MORE >>

"[I]ndividuals and businesses in the State of Washington affected by severe storms, straight-line winds, flooding, landslides, and mudslides that began on Dec. 9, 2025 ... now have until May 1, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business in Benton, Chelan, Clallam, Grays Harbor, Jefferson, King, Kittitas, Lewis, Mason, Pierce, Samish, Skagit, Snohomish, Thurston, Wahkiakum, Whatcom, and Yakima counties qualify for tax relief."  MORE >>

"Of interest for 401(k) plans and health and welfare plans is a clarification regarding reporting of delinquent participant contributions on Schedule DCG, Schedule H, or Schedule I, as applicable.... References to the Voluntary Fiduciary Correction Program have been updated to reflect the most recent version (issued in early 2025). ... Other changes relate to defined benefit plans."  MORE >>

EBSA, IRS and DOL have released informational copies of the 2025 Form 5500, Form 5500-SF, IRS Form 5500-EZ, IRS Form 5558 and related instructions online. The IRS will release paper copies of Form 5500-EZ and instructions for 2025 separately on its website after Jan. 1, 2026.

• Form 5500 Annual Return/Report of Employee Benefit Plan | Instructions
• Form 5500-SF Annual Return/Report of Small Employee Benefit Plan | Instructions
• Form 5500-EZ Annual Return of a One-Participant Retirement Plan or a Foreign Plan | Instructions
• Schedule A - Insurance Information
• Schedule C - Service Provider Information
• Schedule D - DFE/Participating Plan Information
• Schedule DCG - Individual Plan Information
• Schedule G - Financial Transaction Schedules
• Schedule H - Financial Information
• Schedule I - Financial Information - Small Plan
• Schedule MB - Multiemployer Defined Benefit Plan and Certain Money Purchase Plan Actuarial Information
• Schedule MEP - Multiple-Employer Retirement Plan Information
• Schedule R - Retirement Plan Information
• Schedule SB - Single-Employer Defined Benefit Plan Actuarial Information
• Form 5558 - Application for Extension of Time To File Certain Employee Plan Returns

MORE >>

"Each form's instructions include a Changes to Note section highlighting important updates to the forms, and schedules and instructions for 2025 including the following changes in Form 5500 and Form 5500-SF:

• New plan characteristic codes, 1J, 1K, and 1L added to Form 5500 for use in identifying multiemployer defined benefit plans terminated as a result of mass withdrawal, plan amendment or insolvency.
• New plan characteristic code, 1G, added for use on both forms to identify defined benefit plans that use a variable annuity benefit formula.
• Existing plan characteristic code 1H modified on Form 5500 to clarify that it applies only to terminated single-employer PBGC-covered plans.

Plan administrators should not use informational copies to file a 2025 Form 5500 Series Annual Return/Report."  MORE >>

Dec. 10, 2025. "Use Form 8955-SSA to report information relating to each participant who separated from service covered by the plan and is entitled to a deferred vested benefit under the plan but is not paid this retirement benefit.... The SSA no longer processes nonstandard pages 2. Report information about separated participants only on page 2 of Form 8955-SSA. If additional space is needed for separated participants, use additional pages 2 only."  MORE >>

"[I]ndividuals and businesses ... affected by severe storms and straight-line winds that began on June 21, 2025 ... now have until Feb.2, 2026, to file various federal individual and business tax returns and make tax payments.... [I]ndividuals and households that reside or have a business on the Leech Lake Reservation in Minnesota qualify for tax relief."  MORE >>

18 pages; Rev. Nov. 2025. "The purpose of this publication is to set forth the tax year 2025 requirements for: [1] Using official [IRS] forms to file information returns with the IRS, [2] Preparing acceptable substitutes of the official IRS forms to file information returns with the IRS, and [3] Using official or acceptable substitute forms to furnish information to recipients."  MORE >>

"The IRS Employee Plans recently digitalized Form 15315 to allow you to electronically report the actuarial certification of a multiemployer defined benefit plan's funding status. The Mobile Friendly Forms webpage has a glitch that won't allow you to enter a date beyond Dec. 31, 2025, or plan numbers beginning with 0; for example, 002. Note: The IRS is now accepting Form 15315 certifications by mail, fax or email."  MORE >>

"What's New: P.L. 119-21, July 4, 2025, amended Code section 223 to provide that: [1] An HSA eligible individual may have disregarded coverage (besides the HDHP) for telehealth and other remote care. [2] A plan will not fail to be treated as a HDHP by reason of failing to have a deductible for telehealth and other remote care services. The amendments apply to plan years beginning after 2024." [Also available: 2025 IRS Form 8889: Health savings Accounts]  MORE >>

11 pages Nov. 19, 2025. "Use Form 5329 to report additional taxes on: IRAs, Other qualified retirement plans, Modified endowment contracts, Coverdell ESAs, QTPs, Archer MSAs, HSAs, or ABLE accounts." [Also available: 2025 IRS Form 5329, Additional Taxes on Qualified Plans (Including IRAs) and Other Tax-Favored Accounts]  MORE >>

11 pages Nov. 19, 2025. "Use Form 5329 to report additional taxes on: IRAs, Other qualified retirement plans, Modified endowment contracts, Coverdell ESAs, QTPs, Archer MSAs, HSAs, or ABLE accounts."  MORE >>

Fillable PDF; Oct. 24, 2025.  MORE >>

Draft as of October 24, 2025; form revision date December 2025.  MORE >>

"Lawyers representing patients in a lawsuit against United Behavioral Health for insufficient mental health and substance abuse treatment coverage may face a tentative $50,000 sanction for disclosing confidential information to the [DOL].... The court ruled that the lawyers violated [a] protective order by engaging in a collective interest agreement, through which it transmitted documents to the DOL." [L.D. v. United Behavioral Health, No. 20-2254 (N.D. Calif. Oct. 7, 2025)]  MORE >>

"Functions related to legal counsel that do not pertain to ongoing litigation or exempt matters will stop, as will planning, training and development initiatives across the agency. Maintenance of information systems that are not associated with data protection or active filing season work will be suspended, along with administrative functions that are not connected to safety, remittance protection or exempt funding."  MORE >>

"The [IRS] has furloughed nearly half its workforce and shut down most day-to-day operations as the government shutdown drags into its second week -- a move that threatens to ... stall compliance actions, and complicate the rollout of sweeping new tax changes approved by Congress earlier this year.... While about 53% of staff remain on the job ... the IRS warned that 'most operations are closed due to the lapse in appropriations.' "  MORE >>

"Most plans with 100 or more eligible participants at the beginning of the plan year must include an accountant's audit report when filing Form 5500. There is a general exception which allows some smaller plans to avoid attaching an audit to their filing.... For sponsors of health and welfare plans, the good news is that ERISA's audit requirement generally only applies if the plan is funded through a trust (for example, a VEBA), or if participant contributions are otherwise segregated from the employer's general assets."  MORE >>

"Currently, all critical requirements for retirement plans, including Form 5500 deadlines, remain unchanged during the shutdown. However, due to limited staffing, processing times may be slower than usual. [The PBGC] remains open and operational ... All regulatory and research activities are on hold, which may delay updates to provisions within SECURE 2.0. Routine [DOL] investigations, audits, and enforcement actions have also ceased and will not resume until the government reopens.... [T]he announcement of Cost-of-Living Adjustments is likely to be delayed."  MORE >>

73 pages. "The Department's primary activities during a lapse in appropriations generally will include work for agencies funded by resources other than the annual appropriations ... EBSA would cease all operations not detailed [on page 10] unless funded via previous years appropriations. Among the specific activities that would cease are our regulatory and research activities, audits, compliance assistance, and IT support not dedicated to excepted activities."  MORE >>

"Section 10301 of the Inflation Reduction Act ... provided supplemental appropriations available through September 30, 2031, for all IRS appropriations accounts. With this funding the IRS will not experience a lapse in appropriations on October 1, 2025, and normal IRS operations will continue.... The IRS Lapse in Appropriations Contingency Plan describes actions and activities for the first five [5] business days following a lapse in appropriations."  MORE >>

"Retroactive filings ... Automatic extension if you miss filing 5558 ... 5500-EZ combined trust asset ... Cash or Accrued basis ... Participant count for [accountant's opinion] ... Don't miss the deadline ... But if you do ... Don't forget the Schedule SB ... If the data to prepare the SB is 'suspect' ...If late and penalized despite your best efforts."  MORE >>

"[A] January 1 merger date causes a logistically inconvenient and impractical one-day plan year for the merged plan.... [T]he correct course of action is to complete a one-day final Form 5500 and audit report.... [T]he DOL's main concern is that the transfer of participant account balances from plan to plan be subject to audit procedures. To EBSA, an independent verification of the transfer is the most important practical consideration "  MORE >>

"[I]ndividuals and businesses in parts of Wisconsin affected by severe storms, straight-line winds, flooding, and mudslides that began on August 9, 2025 ... now have until Feb. 2, 2026, to file various federal individual and business tax returns  ... [I]ndividuals and households residing or having a business in Milwaukee, Washington, and Waukesha counties qualify for tax relief."  MORE >>