Broker Check

Reporting to Government Agencies

In addition to the disclosure documents that provide information to participants, plans must also report certain information to government entities.

Form 5500 Annual Return/Report of Employee Benefit Plans - Plans are required to file an annual return/report with the Federal Government, in which information about the plan and its operation is disclosed to the IRS and the U.S. Department of Labor. Beginning with the return/report for 2009, plans that must file the Form 5500 must do so electronically. These returns/reports are made available to the public.

Most one-participant plans (sole proprietor and partnership plans) with total assets of $250,000 or less are exempt from the annual filing requirement. However, regardless of the value of the plan’s assets, a final return/report must be filed when a plan is terminated.

Form 1099-R - Distributions From Pensions, Annuities, Retirement or Profit Sharing Plans, IRAs, Insurance Contracts, etc. is given to both the IRS and recipients of distributions from the plan during the year. It is used to report distributions (including rollovers) from a retirement plan.

The IRS, Department of Labor, and Pension Benefit Guaranty Corporation jointly developed the Form 5500-series returns for employee benefit plans to satisfy annual reporting requirements under ERISA and the Internal Revenue Code.

Plan sponsors must generally file the return on the last day of the seventh month after their plan year ends.


Form

Who files

Where to file

Additional tips

Form 5500, Annual Return/Report of Employee Benefit Plan

Pension and welfare benefit plans must generally file the Form 5500 to report their financial condition, investments and operations.

Must be filed electronically.

Due date: the last day of the seventh month after the plan year ends (July 31 for a calendar-year plan).
 

Extensions: request on Form 5558
 

Form 5500-SF, Short Form Annual Return/Report of Small Benefit Plan
 

Plans with fewer than 100 participants
 

Must be filed electronically. 

Form 5500-EZ, Annual Return of One-Participant (Owners and Their Spouses) Retirement Plan
 

Eligible “one-participant” plans may file Form 5500-SF electronically in place of a paper-only Form 5500-EZ.
 

Must be mailed to:

Department of the Treasury
IRS
Ogden, UT 84201-0020

Due date: the last day of the seventh month after the plan year ends (July 31 for a calendar-year plan).
 

Extensions: request on Form 5558

Form 8955-SSA Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits
 

Plans that have separated participants with deferred vested benefits.

File electronically through the IRS FIRE system – no electronic signature needed.

May be mailed to:
Department of the Treasury
IRS
Ogden, UT 84201-0020

Due date: the last day of the seventh month after the plan year ends (July 31 for a calendar-year plan).
 

Extensions: request on Form 5558

Form 5558, Application for Extension of Time To File Certain Employee Plan Returns

May be used to file for an extension of time for the following returns:

 

Form 5500,
Form 5500-SF,
Form 5500-EZ,
Form 8955-SSA, and
Form 5330.

Must be mailed to:

Department of the Treasury
IRS
Ogden, UT 84201-0045

Use a separate Form 5558 for each return for which an extension is requested. A single Form 5558 may be used to extend the Form 5500 and Form 8955-SSA filed for the same plan, however.

Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans

File for each person to whom you have made a designated distribution or are treated as having made a distribution.

May be filed electronically. 

If filing by paper, the forms must be accompanied with Form 1096.

If Federal Tax was withheld, file Form 945 to report federal tax deposits.

If State Tax was withheld, please visit your State website to file the correct reporting form for deposits.

 Please note there are additional forms that may needed to be filed for special circumstances.