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Employers who sponsor one-participant plans or foreign plans must file Form 5500-EZ electronically using the Department of Labors EFAST2 filing system. Only employers not subject to the IRS e-filing requirements under Treas. Reg. 301.6058-2 may file paper Form 5500-EZ with the IRS.
These plans often require a complete Form 5500 and also may need Schedules A. A Form 5500 does not have to be filed for a welfare benefit plan that covers fewer than 100 participants as of the beginning of the plan year and is unfunded, fully-insured, or a combination of insured and unfunded.
Active participants (i.e., any individuals who are currently in employment covered by the plan and who are earning or retaining credited service under the plan). This includes any individuals who are eligible to elect to have the employer make payments under a Code section 401(k) qualified cash or deferred arrangement.
IRS Form 5500 applies to most public and private sector businesses providing plans to 100 or more participants. It must be filed electronically using the DOL ERISA Filing Acceptance System (EFAST2).
There are 3 types of Form 5500: Form 5500-EZfor one-participant plans only; Form 5500-SF for plans with fewer than 100 participants; and Form 5500for plans with 100 or more participants. Forms 5500 and 5500-SF must be filed electronically using the DOL ERISA Filing Acceptance System (EFAST2)Opens in a new window.
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You do not have to file Form 5500-EZ for the 2023 plan year for a one-participant plan if the total of the plans assets and the assets of all other one-participant plans maintained by the employer at the end of the 2023 plan year does not exceed $250,000, unless 2023 is the final plan year of the plan.
Many benefit administration firms (like Kushner Company), agents, CPAs and law offices can assist in preparing the 5500 filing. It is important to note, however, that the sole responsibility for the filing falls on the employer.
The IRS, Department of Labor, and Pension Benefit Guaranty Corporation developed the Form 5500-series returns for employee benefit plans to satisfy annual reporting requirements under ERISA and the Internal Revenue Code.

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