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ANSWER: An extension for filing Form 5500 (Annual Return/Report of Employee Benefit Plan) is obtained by filing Form 5558 (Application for Extension of Time to File Certain Employee Plan Returns) on or before the regular Form 5500 due date, which is seven months after the end of the plan year.
Schedule H (Form 5500) must be attached to a Form 5500 filed for a pension benefit plan or a welfare benefit plan that covered 100 or more participants as of the beginning of the plan year and a Form 5500 filed for an MTIA, CCT, PSA, 103-12 IE, or GIA.
A plan administrator that fails to file an ERISA plan Form 5500, or if the form is late or incomplete, is subject to Department of Labor (DOL) penalties of up to $2,586 per day per each plan form 5500. Note: A willful violation may result in a criminal penalty of $100,000 or imprisonment for 10 years or both.
Employers with employee benefit plans that operate on a calendar year basis must file their annual reports (Forms 5500) for 2022 with the Department of Labor (DOL) by July 31, 2023. An employer may extend this deadline by two and one-half months (until Oct. 16, 2023) by filing IRS Form 5558 by July 31, 2023.
The 2023 Form 5500 includes a new schedule, appropriately named Schedule MEP, which will consolidate and regulate information related to multiple employer plans. The 2023 Form 5500 will also include a new schedule for defined contribution groups, Schedule DCG, with the goal of simplifying the filing requirements.
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Most notably, this package of Form 5500 changes includes reporting rules related to defined contribution groups of plans or DCGs, changes to Schedules MB, SB and R for defined benefit plans, the addition of IRS compliance questions, and a change to the counting method for determining whether a defined contribution
The IRS penalty for late filing of a 5500-series return is $25 per day, up to a maximum of $15,000.
ANSWER: An extension for filing Form 5500 (Annual Return/Report of Employee Benefit Plan) is obtained by filing Form 5558 (Application for Extension of Time to File Certain Employee Plan Returns) on or before the regular Form 5500 due date, which is seven months after the end of the plan year.
Specifically, for 2023 and later plan years, plans are directed to count only the number of participants/beneficiaries with account balances as of the beginning of the plan year, as compared to the current rule that counts all the employees eligible to participate in the plan.
Specifically, for 2023 and later plan years, plans are directed to count only the number of participants/beneficiaries with account balances as of the beginning of the plan year, as compared to the current rule that counts all the employees eligible to participate in the plan.

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