Form 5500 in 2022, 2023 and Beyond!-2025

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If a plan meets all the requirements for filing Form 5500-EZ and its total assets (either alone or in combination with one or more one-participant plans maintained by the employer) exceed $250,000 at the end of the 2024 plan year, Form 5500- EZ must be filed for each of the employers one-participant plans including
Keep records for 3 years from the date you filed your original return or 2 years from the date you paid the tax, whichever is later, if you file a claim for credit or refund after you file your return. Keep records for 7 years if you file a claim for a loss from worthless securities or bad debt deduction.
What records should you keep and how long must they be retained? ERISA requires that some records be kept for a six-year period, while other records must be kept indefinitely (especially if there is the possibility that the records might be needed to determine participant benefits).
Form 5500 Deadline An employer may request a one-time extension of two and one-half months by filing IRS Form 5558 by the normal due date of Form 5500. For calendar year plans, this extended deadline is typically Oct. 15, but for 2022 filings the extended deadline is Oct. 16, 2023.
Its normally a year after it was due and includes a substantial 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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To reassess your taxes and disqualify your plan, the IRS has a 3 year statute of limitations. They will not assess income taxes for periods later than the limitations periods. Filing a Form 5500-EZ officially starts the 3 year statute of limitations.
For all types of benefit plans: ERISA Section 107 states that all records pertaining to agency filings or to participant or beneficiary disclosures must be retained and kept available for examination for at least six years.
Section 107 requires retention of records for 6 years from the date of filing, including all required notices and disclosures, fiduciary plan documents, contracts and agreements, compliance documents, and various governmental filings like the Annual Report Form 5500.

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