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21.5.11  Employee Plan Accounts

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21.5.11.1  (07-01-2008)
Overview

  1. The objective of this IRM is to provide clear instructions and processing guidelines for EP Accounts and to eliminate the need for separate desk instructions.

  2. Any instructions written at the campus (i.e., desk procedures) to clarify the IRM 21.5.11, Employee Plan Accounts, may be implemented once the instructions are approved by the TE/GE Processing Center Program Staff.

  3. All Employee Plan (EP) account related issues and correspondence is worked within the EP Accounts unit(s) at Ogden Account Management Campus (OAMC).

  4. These procedures are used for processing Employee Plan Master File (EPMF) penalty assessment. The processing of Form 5500 series is not performed by the Campus. The Employee Retirement Income Security Act (ERISA) Filing Acceptance System (EFAST) Project has moved processing to a vendor contracted by the Department of Labor (DOL). EFAST is a computerized processing system that is designed to simplify and expedite the receipt and processing of the Form 5500 and Form 5500-EZ by relying on computer scannable forms and electronic filing technologies. The Form 5500 and Form 5500-EZ are filed each year by more than one million pension, welfare and fringe benefit plans to satisfy annual reporting requirements under the Employee Retirement Income Security Act (ERISA) and the Internal Revenue Code.

  5. A person from an employee plan requesting a copy of their "Form 5500" Annual Return/Report of Employee Benefit Plan Participants, must send the request to the Department of Labor at the following address:

    Public Disclosure, Room N-1513
    Employee Benefits Security Administration
    U.S. Department of Labor
    200 Constitution Avenue, NW
    Washington, DC 20210–1111

  6. Public Disclosure requests for Employee Plan " Form 5500 series (except for Form 5500-EZ, Annual Return of One Participant Pension Benefit Plan)" should be sent to the Department of Labor at the address above.

  7. Requests for copies of "Form 5500-EZ" will be worked by OAMC EP Accounts M/S 6270:

    Internal Revenue Service
    Mail Stop 6270
    1973 North Rulon White Blvd.
    Ogden, UT 84404

  8. Forms 5500 or 5500–EZ received as the result of IRS issuance of delinquency notices, Del-Assess notices, etc. that need to be processed as original (TC 150) or amended (TC 977) returns should be sent to the address below, via Form 3210:

    Employee Benefits Security Administration (EBSA)
    P.O. Box 7043
    Lawrence, KS 66044-7043

  9. Form 5500 or 5500–EZ "Secured Returns" should be sent to the address below, via Form 3210:

    Note:

    Across the top of the return in RED must be written "Substitute/Secured return prepared by TE/GE" , all other wording is not accepted by Vangent Inc. as a substitute or secured return.

    Employee Benefits Security Administration (EBSA)
    P.O. Box 7049
    Lawrence, KS 66044–7049

  10. Procedures within this IRM are also in conjunction with other IRM procedures which impact the TE/GE Employee Forms. The list below is not all inclusive, but only an example of other IRMS.

    • IRM 21.1.3 contains specific instructions for handling disclosure issues and third party requests.

    • IRM 21.3, Correspondence, contains specific instructions for initiating correspondence.

    • IRM 21.5.2, Adjustment Guidelines provide instructions for processing all adjustments

    • IRM 3.13.36 contains specific instructions for EPMF Account Numbers

    • IRM 3.30.123, Processing Timeliness: Cycles, Criteria and Critical Dates

  11. OAMC management will monitor recurring problems in the processing area and initiate a Quality Analysis (appraisal) when appropriate. TE/GE CAS analyst with oversight of the process must be notified of all quality analysis reviews, M/S 1110. The Quality Analysis should include examples and figures showing volumes and percentages.

  12. Problems encountered meeting required time frames will be reported the same business day as they are discovered to TE/GE Headquarters program analyst with oversight.

  13. The following are the program codes that MUST be used in processing the EP filings and account actions:

    • 72801 - Replies to CP213 notice, actions taken on a CP213 no rely, assessments and abatements

    • 72802 - 854C EP replies

      Note:

      Disaster cases only. All other 854C EP replies are routed to EP Appeals

    • 72803 - CP213 Quick Closures

    • 72862 - Form 5330 & Form 5500 Credit\/Debit Listing

      Note:

      Category Code EPCD

    • 72863 - Reserved

    • 72864 - Form 5330 AMRH Transcripts

      Note:

      Category Code EPAM

    • 72865 - Form 5330 Amended/Dup returns & CP193

      Note:

      Category Code EPDP

    • 72860 - All other Form 5330 submissions, example: Form 5330 Claim for Refunds, EP cases sent to EP Agent.

      Note:

      Category Code TPRQ

    • 72867 - Form 5330 - Reprocessing of returns/payments processed incorrectly by IRS

      Note:

      Category Code EPBS

21.5.11.2  (07-01-2008)
Protection of Taxpayer/Filer Accounts

  1. The greatest potential for unauthorized disclosure of tax information occurs when employees handle telephone inquiries from filers.

  2. Exercise special precautions to identify the filer or his/her authorized representative when answering such inquiries.

    Note:

    CFINQ should always be verified before disclosing tax information to someone other than the filer, via correspondence or telephone.

  3. All items on Form 5500 Series Returns are disclosed to the public except Schedule SSA, Schedule E, and Schedule F. In addition Schedule B is disclosed to the public except when attached to Form 5500–EZ.

  4. Forms 5330 are not disclosed to the public.

21.5.11.2.1  (07-01-2008)
Third Party Disclosure and Request for Information

  1. For issues regarding Disclosure, Third Party Request for Information, Freedom of Information Act request, Privacy Act, etc. refer to IRM 11.3 and 21.1.3.

  2. For specific questions regarding Disclosure and CAF, refer to your campus Disclosure Officer.

21.5.11.3  (07-01-2008)
Employee Plan Master File (EPMF)

  1. Cases are received from three sources of input processing:

    • Return processed by IRS prior to July 1, 2001.

    • Electronic Filing through EFAST.

    • Paper forms processed by EFAST.

  2. All Forms 5500 are processed by the DOL vendor. These returns are only available electronically to IRS via the vendor’s End User Access System (EUAS).

    Note:

    EUAS is available through limited access. A EUAS log MUST be maintained and a copy of the log provided monthly to the TE/GE analyst assigned oversight. The EUAS log is to report total attempts to access an account and the dates the attempts were made.

  3. Requests for copies of Form 5500–EZ return information will be processed by OAMC EP Accounts. The image will be obtained through EUAS and mailed to the requestor. Refer to IRM 3.5.20 for additional information.

  4. Paper returns are coded with special codes for late and incomplete filing.

21.5.11.3.1  (07-01-2008)
EPMF Forms and Schedules

  1. Form 5500–Annual Return/Report of Employee Benefit Plan.

  2. Form 5500–C–Return/Report of Employee Benefit Plan (with fewer than 100 participants) (Pre-EFAST only).

  3. Form 5500–C/R–Return/Report of Employer Benefit Plan (with fewer than 100 participants).

  4. Form 5500–R–Registration Statement of Employee Benefit Plan (with fewer than 100 participants) (Pre-EFAST only).

  5. Form 5500–EZ–Annual Return of One-participant Retirement Plans.

  6. Form 5500-SF - Short Form Annual Return/Report of Employee Benefit Plan

  7. Form 5330–Return of Excise Taxes Related to Employee Benefit Plans. The Form 5330 is being processed as a BMF form.

  8. Schedule A–(Form 5500)–Insurance Information. Instructions for the 2005 revision reflects EBSA guidance on reporting of insurance fees and commissions.

  9. Schedule B–(Form 5500)–Actuarial Information. Changes to the 2005 form and instruction revision provide instructions on reporting investment returns, actuarial assumptions, and the summary of eligibility and benefit provisions used in plan valuations.

  10. Schedule C–(Form 5500)–Service Provider and Trustee Information.

  11. Schedule D–(Form 5500)–DFE/Participating Plan Information.

  12. Schedule E–(Form 5500)–ESOP (Employee Stock Ownership Plan) Annual Information.

  13. Schedule G–(Form 5500)–Financial Schedules.

  14. Schedule H–(Form 5500)–Financial Information (Large Plan).

  15. Schedule I–(Form 5500)–Financial Information (Small Plan).

  16. Schedule MB - (From 5500) - Acturial Information Multi-employer DB Plan and money Purchase Plans.

    Note:

    Replaces Scheduled B

  17. Schedule P– (Form 5500)–Annual Return of Fiduciary of Employee Benefit Trust. The elimination of Schedule P is effective for the 2006 and later plan years.

  18. Schedule R–(Form 5500)–Retirement Plan Information. Changes to form 2005 revision modified Line 8 to identify plan amendments and decrease, as well as increase the value of benefits. Part IV of Schedule R was added to include plan coverage questions previously included on Schedule T, which is no longer required by IRS.

  19. Schedule SSA–(Form 5500)–Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits.

  20. Schedule SB - (Form 5500) - Actuarial Information Single-employer DB Plan.

    Note:

    Replaces Scheduled B

  21. Schedule T–(Form 5500)–Pension Plan Coverage Information. 2005 version of Form 5500 Schedule T is no longer required. However, unless the plan meets one of the exceptions (see the instructions for Schedule R) the plan will still need to indicate whether the plan meets the ratio percentage or average benefit test.

  22. Quick Reference Chart for Form 5500, Schedules and Attachments, this chart provides only general guidance. Not all rules and requirements are reflected. Refer to specific Form 5500 instructions for complete information on filing requirements.

  23. Filers for Form 5500–EZ for 2005 are no longer required to attach any schedules to the form. Filers who requested a timely extension must continue attaching the Form 5558 to a Form 5500–EZ filed after the normal due date. Filers subject to Schedules B and or P reporting should complete the schedule(s), retain a copy for their records, but should not attach the schedule to a filed Form 5500–EZ.

  24. Filers for Form 5500 for 2005 are no longer required to complete Schedule T. If the filer is subject to Schedule R reporting, some information previously contained in Schedule T may be reflected on Schedule R.

21.5.11.3.2  (07-01-2008)
Due Date For Form 5500 Filings

  1. All Form 5500 series returns, except the Direct Filing Entity (DFE) must be filed on or before the last day of the seventh month following the close of the plan year unless extensions have been granted. Dates for Form 5500 Series Returns, except the DFE return, are shown in the table below:

    Note:

    Destroy the CP213(N) notice if it generates on a Form 5500 DFE filing, a CP213(I) notice will be mailed to the filer.

    PLAN YEAR ENDING (PYE) Return Due Date F4868 Ext. Due Date F7004 Ext. Due Date F5558 Ext. Due Date
    200601 08-31-06 11-15-06 10-16-06 11-15-06
    200602 10-02-06 12-15-06 11-15-06 12-15-06
    200603 10-31-06 01-15-07 12-15-06 01-15-07
    200604 11-30-06 02-15-07 01-15-07 02-15-07
    200605 01-02-07 03-15-07 02-15-07 03-15-07
    200606 01-31-07 04-16-07 03-15-07 04-16-07
    200607 02-28-07 05-15-07 04-16-07 05-15-07
    200608 04-02-07 06-15-07 05-15-07 06-15-07
    200609 04-30-07 07-16-07 06-15-07 07-16-07
    200610 05-31-07 08-15-07 07-16-07 08-15-07
    200611 07-02-07 09-17-07 08-15-07 09-17-07
    200612 07-31-07 10-15-07 09-17-07 10-15-07
    200701 08-31-07 11-15-07 10-15-07 11-15-07
    200702 10-01-07 12-17-07 11-15-07 12-17-07
    200703 10-31-07 1-15-08 12-17-07 01-15-08
    200704 11-30-07 2-15-08 01-15-08 02-15-08
    200705 12-31-07 3-17-08 02-15-08 03-17-08
    200706 01-31-08 04-15-08 03-17-08 04-15-08
    200707 02-29-08 05-15-08 04-15-08 05-15-08
    200708 03-31-08 06-16-08 05-15-08 06-16-08
    200709 04-30-08 07-15-08 06-16-08 07-15-08
    200710 06-02-08 08-15-08 07-15-08 08-15-08
    200711 06-30-08 09-15-08 08-15-08 09-15-08
    200712 07-31-08 10-15-08 09-15-08 10-15-08
    200801 09-02-08 11-17-08 10-15-08 11-17-08
    200802 09-30-08 12-15-08 11-17-08 12-15-08
    200803 10-31-08 01-15-09 12-15-08 01-15-09
    200804 12-01-08 02-16-09 01-15-09 02-16-09
    200805 12-31-08 03-16-09 02-16-09 03-16-09
    200806 02-02-09 04-15-09 03-16-09 04-15-09
    200807 03-02-09 05-15-09 04-15-09 05-15-09
    200808 03-31-09 06-15-09 05-15-09 06-15-09
    200809 04-30-09 07-15-09 06-15-09 07-15-09
    200810 06-01-09 08-17-09 07-15-09 08-17-09
    200811 06-30-09 09-15-09 08-17-09 09-15-09
    200812 07-31-09 10-15-09 09-15-09 10-15-09

  2. For penalty processing, the computation starts with the day shown above as the date return is late date or the date ext. (extension) is late date. The late penalty is based on due date (or extended due date) to received date at $25 per day.

  3. Form 7004 grants an automatic extension of 6 months for the filing of a corporate return and is sufficient for Form 5500 series returns. Beginning with the 2005 filing year, certain other filers, including partnerships on Form 1065, may now file Form 7004 to obtain an automatic 6 month extension. For calender year partnership returns, this extends the 5500 due date to October 15th, corporate filers to September 15th.

  4. Form 4868 grants an automatic 4 month extension to file for 1040 series returns. Effective for 2005 and subsequent filing years, Form 4868 extends the automatic period to 6 months.

  5. Direct Filing Entity (DFE) other than GIAs must be filed no later than 9 1/2 months after the end of the DFE year.

  6. Form 5558 is for the sole purpose of requesting a one time, automatic 21/2 month extension. This one form will extend the filing from the last day of the seventh month after the plan year ends until the 15th day of the third month after the normal due date. The Form 5558 does not require a signature, refer to IRM 3.11.212

    Example:

    A calendar year return is due July 31, but with the Form 5558 extension, the due date is October 15.

  7. Extensions are granted by using extension of "Time to File Federal Income Tax Return" . An automatic extension of time to file Form 5500 until the due date of the Federal income tax return of the employer will be granted if all of the following conditions are met

    Note:

    An extension granted by using this automatic extension procedure CANNOT be extended further by filing a Form 5558.

    1. The plan year and the employer’s tax year are the same,

    2. The employer was granted an extension of time to file its Federal income tax return to a date later than the normal due date for filing the Form 5500, EXCEPT IRS Form 8736, and

    3. A copy of the application for extension of time to file the Federal income tax return is attached to the Form 5500.

    Note:

    Form 7004 grants an automatic extension for 6 months after the corporate return is due and is sufficient for 5500 series return or Form 4868 grants an automatic 6 month extension to 1040 series filers, which would give EP 2 1/2 additional months.

  8. An additional modification was granted to Exempt Organizations, which file the Form 990 series returns. Even though they are not Federal Income tax returns, if they use Form 2758 or Form 8868 to request an extension for their 990 series return for six months (from May 15), this will allow them until November 15 to file their Form 5500 series return.

  9. All fiscal return filers will also follow these rules and examples. You must first establish their normal due date for filing their Federal Income tax (or Form 990 series) return. By using any other extension form other than Form 5558, you must add the number of months approved to their normal due date. If this extended date is beyond the normal due date of Form 5500 series returns, it is valid, as long as it met the valid conditions for the Federal Income tax (or Form 990 series) return.

    Note:

    Form 5558 can NEVER be used in addition to another extension form to gain more time. Whenever Form 5558 is used, do not consider any other extension form. Simply add 21/2 months to the normal 5500 series return due date and consider this the extended due date. If there is no Form 5558 attached to the return, or none is sent in response to any proposed penalty letter, research CC BMFOL for any other extension form that may be valid for the 5500 series return.

21.5.11.3.3  (07-01-2008)
Transaction and Document Codes

  1. Form 5500 series return will post with Transaction Codes 150 and 977 (amended return) or TC 154 for Form 5330 fact of filing.

  2. Forms 5330 are processed as a BMF return (MFT 76, Tax Class 4). Prior to January 1, 2001, the assessments were made on NMF.

  3. The valid Document Codes (4th and 5th digits of DLN) are as follows:

    Form Document Code MFT Transaction Codes
    Schedule SSA without primary return 36 NA 150, 155, 156. 977
    5500 and Fact of Filings 37 74 150, 155, 156, 976, 977
    5500–C (Pre-EFAST only) 38 74 150, 155, 156, 976, 977
    5500–EZ and Fact of Filings 31 74 150, , 155, 156, 976, 977
    5500–R (Pre-EFAST only) 30 74 150, 977, 155, 156, 976
    Form 3177 77 or 49 74 151, 420, 421, 424, 428, 474, 475, 930, 932
    Examination (AIMS) 47 or 77   421, 424, 420, 300. 301
    Delinquent Tax Period 14 or 49   141, 142, 59X
    CAF Programs 77   960, 961, 962
    5330 35 76 154, 150, 460, 973
    Foom 5558, Extension of Time to File a Form 5500 Series Return and Form 5330 77 74 or 76 460

  4. Extension Forms 5558 do not post to EPMF for approved extensions unless the filer has submitted the extension for reconsideration. A TC 460 will post to EPMF for denied extension

  5. EPMF Delinquency Notice Transaction Codes (TC) are as follows:

    Transaction Code Explanation
    TC 142 Records the issuing of a Taxpayer Delinquency Investigation (TDI). Advise taxpayer to submit the missing return
    TC 155/156 An incomplete return was received. A letter for the missing information was issued by the vendor.

  6. Approved extension forms do not post to EPMF, therefore you will never see a TC 460 posted to EPMF for an approved extension, unless the filer has asked for reconsideration of his denied extension. If a return appears to be late, you must check the BMF using CC BMFOL and the IMF using CC IMFOL to determine if any valid TC 460 is posted to an account that has the same return year as the 5500 series return.

  7. Denied extensions will post to EPMF as a TC 460

  8. Denied and approved extension forms are posted to the BMF for Forms 5330.

21.5.11.3.4  (07-01-2008)
Filing Requirements (FR)

  1. Active plan modules will have a plan filing requirement as follows:

    1. T for Form 5500–C/R (Pre-EFAST only).

    2. X for Form 5500.

    3. Z for Form 5500–EZ filers that held over $250,000 in total plan assets at the end of any plan year beginning on or after 01/01/94 and/or box 8b is checked.

    4. N for Form 5500–EZ filers with $250,000 or less in total plan assets .

  2. When the latest return module does not contain an unreversed TC 150 or 977, but does contain a TC 591, 593, 595, or 596, the plan filing requirement will be blank.

  3. Other possible transactions and their results are:

    1. When the latest return module contains a TC 150 or 977 that was not coded with CCC "F" (final return) and one of the following transactions: TC 591, 593, 595, or 596, the plan data module will have a plan filing requirement and an entity filing requirement.

    2. When the latest return module contains a TC 151, 591, 593, 595, or 596 and no TC 150 or 977, the plan filing requirements will be blank and the entity filing requirements will be zero (0).

    3. When the latest return module contains a TC 150 or 977 that is coded with CCC "F" and assets have been distributed, and no participants are present, the plan filing requirements will be blank and the entity filing requirements will be zero (0).

    4. When the latest return module contains a TC 150 or 977 that is coded with CCC "F" and one of the following transactions: TC 591, 593, 595, or 596, the plan filing requirements will be blank and the entity filing requirements will be zero (0).

    5. When the latest return module contains a TC 150 or 977 that was not coded CCC "F" , the plan data module will have a plan filing requirement and an entity filing requirement.

    6. Condition Code "F" , the plan filing requirements will be blank and the entity filing requirements will be zero (0).

    Note:

    The entity filing requirements will contain a " 1" for each type form present. If several plans have the same FR, the entity FR will only reflect "1" for that type return. To post a TC 020 to the entity module, all plan filing requirements must be blank and the entity filing requirements must be zero (0) or (8).

  4. If no TC 150 has posted, a filing requirement will be present if a filing requirement is input on a TC 000 (Doc Code 64) TC 121 or TC 123.

  5. Plan filing requirements are updated by posting of a return or input of TC 016 (Doc Code 64).

  6. When a TC 020 (Doc Code 64) posts to the plan, the plan filing requirements will be changed to 8 if an unreversed TC 12X or a return module is present.

    1. If there is no unreversed TC 12X or no return module present, the plan data module will be erased.

    2. Only a TC 012 (Doc Code 64) will post to a plan with filing requirement 8.

  7. To post a TC020 (doc Code 63) to delete the entity, all plan filing requirements must be blank or 8.

  8. Location Codes - These identify the Area Offices (AO) in which an entity is located, as determined by the mailing address. Location Codes will be assigned by the computer to entity transactions containing a recognizable City and State.

21.5.11.3.5  (07-01-2008)
Filing Requirements for Final Returns

  1. When the latest return module contains an unreversed TC 150 or 977 with Computer Condition Code (CCC) "F" (final return), the plan filing requirement will be blank.

  2. CCC "F" will be generated on current year Forms 5500/5500-EZ if Return Process Code (RPC) "T" is present.

    Note:

    CCC "F" is input on "fact of filling " Forms 5500 if Part I, Line Item B(3) is checked "YES. " Forms 5500-EZ if Part I, Line Item A(3) is checked " YES."

  3. The RPC "T" is generated when:

    1. Schedule H/I Line 5a is answered "YES" , and

    2. Total end-of-year assets is zero, and

    3. Total participants end-of-year is zero.

      Note:

      RPC "T" is generated on pure fringe benefit plans if Form 5500 Part I, Line Item B(3) is checked, and line 6 on the Schedule F is checked "YES." or "T" is generated on pure fringe benefit plans.

21.5.11.3.6  (07-01-2008)
Sequence of Accounts on the EPMF

  1. The accounts on the "EPMF" are maintained in EIN and Plan Number sequence (NNNNNNNNN–NNN).

21.5.11.3.7  (07-01-2008)
Plan Number

  1. A plan number is a three digit number assigned by the plan sponsor to differentiate between plans which are, or may be, established or maintained by the same plan sponsor, as the table shows.

    If the plan is a Then the plan number starts with:
    Pension Plan 001–500
    Welfare Plan 501–999
    Fringe Benefit Plan 501–999
    Form 5500–EZ 001–500
    Multiple-employer Plan
    (other) plan
    333–339 (Pre EFAST only)
    DFE - other than GIA’s 001–500
    GIA’s 501–999

  2. Once assigned, the same number must be used consistently to identify the same plan.

  3. If a plan is terminated, its number cannot be used for any new plan.

  4. The plan number along with the plan name identifies a plan from other plans for a given sponsor.

  5. The plan name, plan number, the type of return filed, and the plan month ending make up the plan entity. As long as the plan is in effect the name and numbers will stay the same.

  6. If the Plan Number is 501–999 and a Del Assess transcript/CP213 generates on a true Fringe Benefit Plan,destroy it. If the Plan is a combination of fringe and welfare, the transcript is appropriate.

    Note:

    Per News Release IR-2003–89, pure fringe benefit plans have no IRS filing requirement and therefore should file neither a Form 5500 nor a Schedule F.

21.5.11.3.8