Form 5500 late filing penalty examples with real numbers.
These examples use a made up employer with 150 participants and a calendar year health plan, which is a large plan under the program. Amounts are program figures and agency maximums, not predictions of what an agency will do. It is general information, not legal or tax advice.
Three things to know first.
45 Days Late
The July 31 return is filed on September 14. Through the voluntary program, 45 days at $10 is $450. Without it, the Department of Labor could assess up to 45 times $2,739, which is $123,255. Check the dates and rules for your own group with our free form 5500 due date calculator.
200 Days Late
The return is filed 200 days late. Ten dollars a day would be $2,000, which equals the large plan cap per filing, so the program charge is $2,000 however much later it is filed. The Department maximum for 200 days is $547,800.
Three Missing Years
Plan years 2022, 2023 and 2024 were never filed. Each hits the $2,000 cap, but the plan cap holds the total at $4,000 rather than $6,000. On paper, one full year at the daily maximum is $999,735, so three years reach $2,999,205.
Three steps to take next.
Count The Days
Under the program, the days run from the original due date, even if an extension was filed and then missed. Write down the date each return was or will be filed.
Apply The Right Cap
A small plan reaches its $750 per filing cap at day 75. A large plan reaches its $2,000 cap at day 200. After that, more delay does not raise the program charge.
Compare Against The Maximum
Set the program charge next to the daily maximum for each year. The gap shows what is at stake if a notice arrives before the returns are filed.
Three questions to ask first.
Which Cap Applies To Our Plan?
Ask whether the plan is treated as small or large for each year, since the count is taken at the start of the plan year.
Are Any Years Combined?
Ask whether the plan cap applies, and what the total will be across all missing years.
What Is The Total Before We Start?
Ask for a written total of the charges for every year before any return is filed.
Where these figures come from.
Department of Labor: Delinquent Filer Program
Program charge of $10 per day, the caps for small and large plans, who is eligible, and how to file and pay.
Mercer: 2026 Civil Penalties Will Not Increase
The $2,739 per day Form 5500 amount, which carries over unchanged from 2025 into 2026.
HUB: 2025 Department of Labor Penalty Increases
The 2025 adjustment to $2,739 per day under ERISA section 502(c)(2), applied to penalties assessed after January 15, 2025.
Late-Filing Penalty Examples: The Detail
The examples on this page are easier to apply once you see what changes the result: plan size, the number of missed years, and whether you used a program.
Plan Size Changes the Cap
Under the voluntary program, a small plan caps at $750 per return and a large plan at $2,000. The same delay costs a very different amount.
Number of Years Multiplies the Exposure
Each missed plan year is its own return, and statutory penalties accrue separately on each one. Employers who missed several years should talk to their adviser or counsel about the best path before filing anything. The total depends on how many returns are late and which program is available, so do not guess at the figure.
Timing Relative to a DOL Notice
Filing before a notice keeps the voluntary program open. Filing after a notice puts you in the full statutory penalty framework. Employers who discover a late filing should ask counsel or their adviser how to proceed promptly, because timing affects which options remain. Keep records of when the filing was due, when it was found and what steps were taken to fix it.
Which Agency Finds You First
The DOL and IRS can each act independently, and a penalty from one does not erase exposure to the other. Employers should not assume that resolving the issue with one agency closes it with the other. Counsel or an ERISA adviser can explain how the agencies interact, and employers should keep copies of every filing and notice they receive.
Common Questions About Penalty Examples
Are the examples exact?
They illustrate how the rules work using the published figures. Your actual exposure depends on the plan type, size, and how long the return has been late.
Why do statutory and program amounts differ so much?
The statutory maximums are set to deter noncompliance, while the voluntary program offers a fixed, much lower price for coming forward on your own.
Do penalties stop growing at some point?
Under the voluntary program, yes, at fixed caps. Statutory IRS penalties cap at $150,000 per return, and DOL penalties are assessed at the agency’s discretion.
Does a one-day-late filing trigger the full penalty?
The penalty accrues per day, so a short delay produces a small amount under the daily rate. Agencies also have discretion for reasonable cause.
Can the same late return be penalized twice?
The DOL and IRS are separate authorities, so a retirement plan return can face both.
Does the size of the company matter?
The plan’s participant count matters for program caps. Company revenue does not.
What if our broker or TPA was supposed to file?
The plan administrator remains responsible. Reliance on a vendor can support a reasonable-cause request but does not transfer the obligation.
How do I find out if our returns were filed?
The EFAST2 website lets you search filings by plan. You can also ask your TPA or the preparer for confirmation of what was submitted.
Where do I start if I think we are late?
Pull the plan document and any prior filings, list the missing years, and send them to us. We will help determine the cleanest path to compliance.
Send us your renewal.
We’ll tell you whether it looks competitive, where we see opportunity, and the five questions we’d put to your carrier. No cost, and no obligation to move anything.
The renewal letter
Your current plan summary
Contribution split by tier
Enrolled counts by tier
Four documents — two more if your group is 50 or more. Nothing else; every extra one is a reason to postpone.
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