• Contact Us
  • 484-574-8782

Torrillo & Associates

  • Home
  • About
    • specialists
    • our team
    • Careers
  • Audit Process
  • Services
    • CPA firm partnership
  • Clients
  • Videos
  • Blog
 May 17, 2025

Current Benefit Plan and Audit Related News and Updates

Wednesday, December, 09, 2015 / Published in Employee Benefit Plans, Forms and Procedures, News and Press Releases, Retirement - 401(k), 403(b)

Repeal of Automatic Extension of Return Due Date

For calendar year plans, the maximum extension due date for Form 5500 series (Annual Return/Report of Employee Benefit Plan) is back to 2 1/2 months or October 15th.

An employer that maintains a pension, annuity, stock bonus, profit-sharing or other funded deferred compensation plan (or the plan administrator of the plan) is required to file an annual return containing information with respect to the plan’s qualification, financial condition, and operation of the plan. The forms required for this purpose are those in the 5500 series.

Plan administrators who fail to timely file Form 5500 series annual returns/reports can be subject to penalties under both Title I of the Employee Retirement Income Security Act of ’74 (ERISA) and the Code. However, an administrator or sponsor of such a plan can apply for an automatic extension of time for filing the return.

Under pre-Act law, for returns for tax years beginning after Dec. 31, 2015, the maximum extension for the returns of employee benefit plans filing Form 5500 was to be an automatic 3½-month period ending on Nov. 15 for calendar year filers. This 3 1/2 -month period was recently enacted as part of the Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114-41; i.e., the 3-month stopgap extension of the Highway Trust Fund). Before that, a 2 1/2-month period applied.

The Fixing America’s Surface Transportation (FAST) Act repeals the automatic 3 1/2-month extension, restoring the former 2½-month period.

Tagged under: 401(k), 403(b), DOL, EFAST 2 Filing of Form 5500s, Form 5500, IRS, Pension Plans

What you can read next

IRS Terminating Proposed Penalty Notices for Untimely Filed or Incomplete Forms 5500
403(b) Pre-Approved Plan Program Established
New Revenue Procedures for the Employee Plan Compliance Resolution System, including 403(b) Plan Failures

Recent Posts

  • DOL Issues Guidance on Missing Participants and Transfers to State Unclaimed Property Funds

    Field Assistance Bulletin No. 2025-01, Missing ...
  • DOL Updates the Voluntary Fiduciary Correction Program

    Following up on proposed changes, the DOL has u...
  • Proposed Regulations on New Automatic Enrollment Requirement

    The Department of the Treasury and the Internal...

Categories

  • Employee Benefit Plans
  • Forms and Procedures
  • News and Press Releases
  • Policy Updates
  • Retirement – 401(k), 403(b)
  • Uncategorized

Torrillo & Associates, LLC specializes in employee benefit plan audits, 401k audits, 403b audits, pension plan audits, and retirement plan audits. We are licensed in 7 states including New York, New Jersey, and Pennsylvania.  With firm mobility, we are also able to practice in an additional 27 states.

36 Regency Plaza
Glen Mills, PA 19342

view on map »

Careers
Phone: 484-574-8782
Fax: 484-574-8785

  • GET SOCIAL
Torrillo & Associates

Copyright © 2010 to 2025 Torrillo & Associates, LLC. All rights reserved. v07.03.22.WPE| Privacy Policy | Terms of Use

TOP
X
Worried about your yearly Benefit Plan Audit? Call us now for a free consultation!
Call Us