IRS Filing Notices for Form 5500, 5558 or 5500-EZ

 

Did you receive a CP notice related to filing your Form 5500 series return (reference to Form 5500 series include Form 5500, Form 5500-SF, and Form 5500-EZ, unless otherwise specified) and Form 5558? The following information will help you understand why you received a CP notice and how to respond.

Understanding Your CP403 or CP406 Delinquency 

The CP403 and CP406 are return delinquency notices issued to taxpayers with a Form 5500 series return filing requirement that have an overdue return. You received these notices because you did not file your Form 5500 series return for a particular plan year and our records indicate the plan is still active. 
 

  • You must respond to a CP 403 or CP 406 notice within 30 days to prevent further account action.
  • Review your records to determine if a Form 5500/5500-EZ/5500-SF was filed.
  • Review the copy of the filed return to ensure that the EIN, plan name and plan number on the copy of the return match the notice received.
  • If you filed your Form 5500 return within the last four weeks and used the name, EIN and plan number shown on the notice, then you may ignore the CP 403 notice. However, if you receive a CP 406 notice, you must respond by returning the CP 406 notice with Section I completed.

 

    Answers to Common Questions

    These notices are sent to filers who did not file a Form 5500-series return for a particular plan year and our records indicate the plan is still active.

    CP 403 and CP 406 notices are requests for a missing or non-filed Form 5500 or 5500-SF. They are not bills.

    • CP 403 is mailed to filers 20 months after the original due date of the return. This allows enough time for the Department of Labor to process timely filed returns. The CP 403 has a 30-day response requirement. 
    • CP 406, the Final Notice, is mailed 12 weeks after the CP 403 if the IRS does not receive a response to the CP 403 by the response date. CP 406 also has a 30-day response date. Responses must be received within 30 days to prevent further account action.

    Submit these documents to the address indicated on the notice:

    1. A copy of the CP 403/406 notice received with Section I completed, and
    2. A statement explaining why the information on the notice does not match the information on the return (the statement should explain why the return was filed under a different sponsor name/EIN/plan number/ etc.).

    You should send a copy of the notice to the address shown below (in the last FAQ) along with a statement explaining why you think the notice was mistakenly sent.

    Review  the copy of the previously filed Form 5500 to determine if:

    1. The final return box was checked,
    2. The return indicated zero assets at the end of the year, and
    3. The return indicated zero participants at year-end.

    If the copy of the return indicates all of the above, then respond to the CP 403 or 406 notice with Section II completed. If the copy of the return does NOT indicate all of the above, then our records will not indicate a final return was filed. You must continue to file a return until the plan has zero assets and zero participants, or the previously filed return must be amended. You should respond to the notice that you will or have filed the missing return and complete Section III of the CP 403 or 406 notice.

    If you're exempt from filing, submit the following:

    1. A copy of the CP 403/406 notice received with Section II completed, and
    2. A detailed explanation in writing stating which exemption has been met or why the return is not required to be filed.

    The plan sponsor and plan administrator are ultimately responsible for the filing of the annual Form 5500, 5500-EZ or 5500-SF.

    In some cases, the plan sponsor and plan administrator may have a contract with an outside administrator who may actually complete the annual Form 5500-series filings. However, the plan sponsor and plan administrator are responsible for the accuracy of the filing and they must sign the return. In order to determine if completion of the Form 5500-series is covered under a contract with the outside administrator, the plan sponsor and plan administrator should review their contract with the outside administrator.

    To find out what Forms 5500, 5500-EZ or 5500-SF were filed in the past, filing information may be researched at www.free.erisa.com.

    Extensions to reply to the CP 403 or 406 notices are not allowed. The CP 403 has a 30-day response date. If a response is not received by the response date, a Final Notice (CP 406) is mailed 12 weeks after the CP 403. A response must be received within the 30-day timeframe to prevent further action on accounts.

    The IRS penalties for late filing are $250 per day up to a maximum of $150,000 per plan year applied to returns required to be filed after December 31, 2019, as amended by section 403 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (SECURE Act).

    The DOL penalties can run up to $1,000 a day (adjusted for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the 2015 Inflation Adjustment Act).

     Types of Plans

    IRS Penalty

    DOL Penalty

    Pension

     X

     X

    Welfare Plan

     

     X

    Welfare/Fringe Benefit Plan 

     

     X

    All Form 5500-EZ Filers

     X

     

    Note: An incomplete return is not considered filed until it is complete. Incomplete returns are subject to late-filing and/or incomplete penalties from the IRS and/or DOL.

    Yes, the IRS and Department of Labor both have programs to address late filing penalty relief on the Form 5500.

    The Department of Labor has a Delinquent Filer Voluntary Compliance Program (DFVC) for ERISA Title I plans to allow plan administrators who fail to file a timely annual report to pay reduced civil penalties. This VC program does not apply to Form 5500-EZ filers, however.

    The IRS will not impose late filing penalties for Form 5500 series late filers who are eligible for relief under DOL's DFVC program if certain conditions are met, including that filers must also submit a paper Form 8955-SSA along with the delinquent filing. See IRS Penalty Relief for DOL DFVC Filers and Notice 2014-35. Relief is available for penalties under Sections 6652(c)(1), 6652(d), 6652(e) and 6692 of the Internal Revenue Code for failure to timely comply with the annual reporting requirements under IRC Sections 6033(a), 6057, 6058, 6047 and 6059 with respect to Form 5500. 

    The IRS has a separate program for non-ERISA plans. Only the IRS can assess penalties on Form 5500-EZ. The DOL does not have any jurisdiction over Form 5500-EZ and cannot assess penalties against delinquent Form 5500-EZ filings, and therefore cannot include them in their DFVC Program. See Penalty Relief Program for Form 5500-EZ Filers and Revenue Procedure 2015-32 for details on the IRS penalty relief program. 

    Call Customer Account Services at 877-829-5500 (toll-free) for questions about the notices and Form 5500, 5500-EZ or 5500-SF filing requirements.

    Send responses to the address listed in the upper left-hand corner of the notice or the fax number listed in the body of the notice. Only employees in Ogden can adjust accounts.

    Write or fax the EP Entity Unit in Ogden using the following contact information:

    Mail: 
    Internal Revenue Service
    Ogden, UT 84201-0018
    Attention: EP Entity Unit, Mail Stop 6273

    Fax: 855-214-7520

    Private Delivery Service:
    Internal Revenue Service
    1973 N. Rulon White Blvd.
    Ogden, UT 84404
    Attention: EP Entity Unit, Mail Stop 6273

    Understanding Your CP216H Notice

    A CP216H notice is used to notify you that your application for an extension of time to file a Form 5500 series return and/or Form 8955-SSA was denied because your Form 5558 wasn't received on time. A request for an extension of the time to file Form 5500 series and/or 8955-SSA must be received on or before the normal due date of your return

    File your required Form 5500 series and/or 8955-SSA immediately to limit any late filing penalties. If Form 5500 series and/or 8955-SSA is filed after the normal due date of the return, we will consider the return late and subject to late filing penalties.

    Review the filing requirement for your organization at the Form 5500 Corner.

    Frequently asked questions

    Review the filing requirement for your organization at the  www.IRS.gov/retirement.

    If you have questions or need help, you can call Customer Account Services at  877-829-5500. Personal assistance is available Monday through Friday, 7 a.m. to 7 p.m. CT.

    Tips for next year

    Be sure to mail your Form 5558 on or before the normal due date of your return.

    Review the Form 5558 resources at Form 5500 Corner.


    Understanding Your CP216F Notice

    You should receive a CP216F notice when we approve your request for an extension to file your Form 5500 series return and/or Form 8955-SSA

    • Keep this notice for your records.
    • File your required form by your new due date shown on the notice.

    Review the filing requirement for your organization at the Form 5500 Corner.

    Frequently asked questions

    Tips for next year

    Be sure to mail your Form 5558 on or before the due date of your return.


    Understanding Your CP214 Notice

    Did you receive a CP notice related to filing your Form 5500 series return (reference to Form 5500 series include Form 5500, Form 5500-SF, and Form  5500-EZ, unless otherwise specified) and Form 5558? The following information will help you understand why you received a CP notice and how to respond.

    You don't have to respond to this reminder notice.  If you’re required to file a Form 5500-EZ, you can file it electronically through the DOL ERISA Filing Acceptance System (EFAST2) or on paper with the IRS.  Filing electronically is safe, easy to complete, and you have an immediate record that the return was file. You must file Form 5500-EZ electronically if you’re required to file at least 250 returns of any type with the IRS.
    You aren't required to file a Form 5500-EZ for the plan year if the plan's total assets (either alone or in combination with another one-participant plan you maintain) are $250,000 or less, unless this is the final plan year. For more information, see the instructions to Form 5500-EZ and the second page of the CP214 notice.

    • Review the requirements for filing a Form 5500-EZ.
    • Review the filing requirements for your plan and determine if you are required to file a Form 5500-EZ for the plan period referenced on the notice.
    • If you are required to file, complete and submit your Form 5500-EZ on or before the filing deadline.

    Frequently asked questions

    Two months before the plan year ends.

    Review your records to determine if you're required to file a Form 5500-EZ for the current plan year. If you are, you must file the return by the last day of the 7th calendar month after the end of the plan year (July 31 for calendar-year plans). You may use Form 5558, Application for Extension of Time To File Certain Employee Plan Returns PDF PDF, to apply for a one-time extension of time to file.

    The plan sponsor or plan administrator is responsible for filing the Form 5500-EZ.

    In some cases, the plan sponsor may have a contract with an outside administrator who may complete the form. However, the plan sponsor or plan administrator is responsible for the accuracy of the filing and must sign the return. Review your contract with any outside administrator to determine if it covers the completion of the form.

    You can find more information in the instructions to Form 5500-EZ, or call Customer Account Services at 877-829-5500.

    Tips for next year

    Consider filing your Form 5500-EZ electronically on the EFAST2 system even if you’re not required to file electronically. It’s safe, easy to complete and you have an immediate record that the return was filed. For more information, visit the EFAST2 website to find Frequently Asked Questions.