How to catch up on a late Form 5500 and keep the penalty small.
The sequence is the same for most employers: confirm the filing is required, file before a DOL notice if you can, use the voluntary program, and keep records.
What to do first.
Confirm the Duty
Check whether the plan has to file and for which years.
Check for a Notice
Look for any DOL or IRS letter about the late filing.
Gather Information
Collect the plan documents, participant counts and insurance details.
Getting it filed.
Use the DFVCP
If no DOL notice has arrived, file through the voluntary program and pay the capped charge.
File Every Missing Year
Each late year needs its own report.
Request Relief
If a notice has arrived, respond and explain reasonable cause.
Prevent a Repeat
Put the due date on the calendar and name who files it.
Quick answers.
Short answers. This is general information, not legal or tax advice.
How soon should we file?
As soon as you find the gap. The penalty grows by the day.
Can you help?
Yes. We can help you with the filing, including late and back filings.
What does it cost?
The voluntary program is $10 a day with caps. Fees for preparation vary.
Where the rules and figures come from.
Each figure on this page comes from the source below. Amounts are indexed or updated over time, so confirm current figures before relying on them.
29 U.S.C. 1132
ERISA Section 502(c)(2): civil penalty for failure to file the annual report.
Send us your renewal.
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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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