Is there still a 2009-tax-year exemption for filing Form 5500 (due this Spring) for a one-owner-participant 401K with less than 250K in assets (as there had been in previous years)? I was looking at the 2009 form 5500 instructions and didn't see the exemption listed anywhere, so I'm not sure if I need to file this form or not. I never filed this form before because I always met the asset/ participant requirements for not filing.
2009 Form 5500 ?
May 05, 2010
4 Replies
So far as I know, if you're under $250K you do not need to file it, assuming no other events would trigger a filing. But, best to study the instructions carefully, or engage a professional, since making a mistake in a qualified plan can be very expensive.
Steve
After some additional research, for 2008 the 250K 5500-EZ exception is in the 2008 Form 5500 instructions, which also lists a filing deadline of July for the previous plan year ending on 12/31. The problem is the 2009 5500-EZ and the 2009 instructions i5500-EZ have not be released yet. I saw some random links in google that said they would be released in the Summer, but if the filing deadline is still July, how can this work? I also called the IRS forms number to order it and they said it was backlogged with an unknown ship-date. I would hope that the 2009 i-5500 still has the < 250K exception , but until the form is released I won't know for sure. Could they actually release the 2009 5500-EZ package in the Summer still with a July date for filing? This doesn't make sense!
I am facing some of the same uncertainties, in that I have also back-ordered the as yet unavailable 2009 5500-EZ form from IRS. To gain more information, I called the DOL. While they had no information on the IRS and their late form, they noted that, per the 5500-SF instructions on their website, many 5500-EZ filers can instead "ifile" 5500-SF.
So I would say your could study the relevant info on the DOL website, then call the DOL at 1-866-463-3278.
Steve
Update: I received the paper 2009 5500-EZ form in the mail today. Plenty of time to file it by the deadline.
Steve
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