Who Must file 5500-EZ?

The Internal Revenue Service (“IRS”) Form 5500-EZ is an annual information return that is required to be filed by every “One-Participant Plan” (owners and their spouses), also known as a Solo 401(k) Plan, with plan asset value in excess of $250,000 as of December 31 of the previous tax year.

Does Form 5500 have to be filed electronically?

Generally, no. You must electronically file the Form 5500 and 5500-SF. You also must electronically file the Form PR (Pooled Plan Provider Registration). If you are a one-participant plan or foreign plan, beginning January 1, 2021 you must file the Form 5500- EZ; you can no longer use the Form 5500-SF.

Do self funded plans file a 5500?

Insured plans or self-funded plans that are unfunded (benefits paid as needed directly from the general assets of the employer or employee organization that sponsors the plan). Unfunded plans that have 100 or more participants at the beginning of the plan year must file Form 5500.

Does a solo 401k file a 5500?

A one-participant 401(k) plan is generally required to file an annual report on Form 5500-EZ if it has $250,000 or more in assets at the end of the year. A one-participant plan with fewer assets may be exempt from the annual filing requirement.

What happens if you don’t file a 5500?

The IRS penalty for late filing of a 5500-series return is $25 per day, up to a maximum of $15,000. For returns required to be filed after December 31, 2019, the penalty for failure to file is increased to $250 a day (up to (150,000). The DOL penalty for late filing can run up to $2,529 per day, with no maximum.

What is the penalty for not filing Form 5500?

The IRS penalty for late filing of a 5500-series return is $25 per day, up to a maximum of $15,000. The DOL penalty for late filing can run up to $1,100 per day, with no maximum.

How do you know if an ERISA plan is self-funded Form 5500?

If it is an employer-employee plan, you next look to funding. If the plan is funded by contribution from the employer and employee, it is a self-funded ERISA plan and pre-empts state law. If the plan is funded by purchased insurance coverage, it is a fully insured ERISA plan and is subject to state law.