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DON’T FORGET: PLAN YEARS 2009 AND PRIOR – MUST BE FILED ON 2013 FORMS!

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Updated January 27, 2014

Be careful as we approach the turn of the calendar year, with the new 2013 forms.  The rule is, if you have to submit a delinquent or amended Form 5500 return for plan years 2009 or prior, you must submit the filing using the “current year form” which is now the 2013 version.

We run into this issue every year since we are often preparing ‘prior to 2010’ filings that will either be submitted via the DOL’s Delinquent Filer’s Voluntary Compliance (DFVC) Program or are being amended. So, now that December 2013 has passed,  you may have to wait until the 2013 forms are available from your Form 5500 software. (FT William 2013 Form 5500 software became available early January 2014!) If you submit these ‘prior to 2010’ plan year filings on 2012 forms, in 2014, they will be rejected.

How To Handle Schedules That Have Changed Significantly:

Here is a list of schedules that will need to be prepared on the correct plan year form (for the prior plan year(s) you are preparing) since they are either no longer part of the current Form 5500 schedules or they have changed significantly over the past few years:

  • Schedule B, SB, or MB (Actuarial Information),
  • Schedule C (optional – can use current or prior to 2009 version)
  • Schedule E (ESOP Annual Information),
  • Schedule P (Annual Return of Fiduciary of Employee Benefit Trust),
  • Schedule R (Retirement Plan Information), and
  • Schedule T (Qualified Pension Plan Coverage Information).

For example, if you are filing a delinquent 2007 Form 5500 return for a defined benefit pension plan, you must include the 2007 Schedule B, Schedule R and all required attachments for these schedules. Attach them as pdf images to the current filing year Form 5500, tagging them as “Other Attachments.”

Questions about this? See DOL’s “Form Version Selection Tool” to help with determining which version Form 5500 schedule should be filed. Contact us at info@form5500prep.com for any additional questions.


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