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In general, all employers who adopt and sponsor a retirement plan governed by ERISA such as profit-sharing and 401(k) plans, must file a Form 5500 annually with the DOL.
The Delinquent Filer Voluntary Compliance Program (DFVCP) encourages voluntary compliance with ERISAs annual reporting requirements and gives delinquent plan administrators a way to avoid higher civil penalty assessments by satisfying the programs requirements and voluntarily paying a reduced penalty.
ERISA and the Internal Revenue Code require many employers and plan administrators to submit reports to government agencies and furnish certain plan information to participants. Most 401(k) plan sponsors are required to file an annual Form 5500, Annual Return/Report of Employee Benefit Plan.
Generally, any business that sponsors a retirement savings plan must file a Form 5500 each year that the plan holds assets.
What happens if you dont roll over 401k within 60 days? If you dont roll over your 401k within 60 days, you will be subject to taxes and early withdrawal penalties. Additionally, the IRS may take some funds to cover any unpaid taxes or debts you owe.
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Form 14704: Transmittal Schedule Form 5500-EZ Delinquent Filer (IRS)
The Delinquent Filer Voluntary Compliance Program (DFVCP) encourages voluntary compliance with ERISAs annual reporting requirements and gives delinquent plan administrators a way to avoid higher civil penalty assessments by satisfying the programs requirements and voluntarily paying a reduced penalty.
Late filed returns are subject to penalties from both IRS and DOL, so its very important to identify this mistake before we do. The IRS penalty for late filing of a 5500-series return is $25 per day, up to a maximum of $15,000.

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