Instructions Draft For Form 5500-Sup - Annual Return Of Employee Benefit Plan Supplemental Information - 2015 Page 2

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2015
Department of the Treasury
Internal Revenue Service
Instructions for Form
5500-SUP
Annual Return of Employee Benefit Plan Supplemental Information
DRAFT AS OF
Section references are to the Internal
the plan year are required to answer these
Example. Assume the same facts as
Revenue Code unless otherwise noted.
IRS compliance questions electronically.
the example above, but a plan
See Regulations section 301.6058-2 for
administrator voluntarily answers the IRS
References to ERISA are to the Employee
more information. Thus, to the extent the
compliance questions on Form 5500
Retirement Income Security Act of 1974.
2015 Form 5500 and the 2015 Form
electronically through EFAST2 after filing
5500-SF include questions that are IRS
a Form 5500. In this case, the plan does
General Instructions
compliance questions and the filer files
not have to file Form 5500-SUP.
March 30, 2015
fewer than 250 returns in that calendar
Also, see Short Plan Years in these
Future Developments
year, the filer may elect to answer the
instructions for information regarding the
questions electronically under EFAST2 or
filing requirements for certain short year
For the latest information about
on the paper Form 5500-SUP with the
filers.
developments related to Form 5500-SUP
IRS.
and its instructions, such as legislation
When To File
enacted after they were published, go to
Who Must File Form
The 2015 Form 5500-SUP must be filed
5500-SUP
by the last day of the 7th calendar month
Purpose of Form
after the end of the plan year that began in
You must file Form 5500-SUP for a
2015 (not to exceed 12 months in length).
retirement benefit plan, if all three
Form 5500-SUP is a paper-only form filed
conditions below are met.
Any extension of time to file either the
with the IRS that is used by the sponsors
2015 Form 5500 or the 2015 Form
and administrators of retirement plans to
1. The plan is required to file either
5500-SF will be treated as an extension of
satisfy the reporting requirements of
Form 5500 or Form 5500-SF.
time to file the 2015 Form 5500-SUP.
section 6058. Form 5500-SUP should only
2. The plan administrator and the plan
be used if certain IRS compliance
sponsor are required to file a total of fewer
Note. If the filing due date falls on a
questions are not answered electronically
than 250 returns of any type, including
Saturday, Sunday, or legal holiday, the
on the Form 5500, Annual Return/Report
information returns (for example, Forms
Form 5500-SUP may be filed on the next
of Employee Benefit Plan, or the Form
W-2 and Forms 1099), income tax returns,
day that is not a Saturday, Sunday, or
5500-SF, Short Form Annual Return/
employment tax returns, and excise tax
legal holiday.
Report of Small Employee Benefit Plan.
returns, during the calendar year that
Short Plan Years
About the Form 5500-SUP. In general,
includes the first day of the plan year.
the administrator or sponsor of a
3. The IRS compliance questions are
Form 5500-SUP is not required to be filed
retirement plan must annually file
not answered on the Form 5500 or Form
for a 2015 plan year if the deadline for
information about the plan in order to
5500-SF filed electronically through the
filing the form (excluding extensions) is
satisfy the reporting requirements of
EFAST2.
before January 1, 2016. See Regulations
section 6058 of the Code and sections
section 301.6058-2(f) for more
Example. Assume a Form 5500 is
104 and 4065 of ERISA. The Internal
information. Accordingly, some short plan
required to be filed for a plan that is on a
Revenue Service (IRS), Department of
year filers are not required to file the 2015
calendar year and the plan administrator
Labor (DOL), and the Pension Benefit
Form 5500-SUP (nor are they required to
and the plan sponsor are required to file a
Guaranty Corporation (PBGC) have
answer the IRS compliance questions)
total of 152 returns in 2015 (including
consolidated certain returns and report
even if they would otherwise be required
Forms 1099-R, Distributions From
forms to reduce the filing burden of plan
to do so. For example, a 2015 Form
Pensions, Annuities, Retirement or
administrators and sponsors. Plans that
5500-SUP is not required to be filed for a
Profit-Sharing Plans, IRAs, Insurance
file in accordance with the instructions for
calendar year plan with a short 2015 plan
Contracts, etc.; and Form 945, Annual
Form 5500 (or Form 5500-SF, when
year that ends May 31, 2015, since the
Return of Withheld Federal Income Tax,
applicable) will generally satisfy the annual
date for filing the 2015 Form 5500-SUP
etc.). In this case, the IRS compliance
reporting requirements for the IRS, DOL,
(December 31, 2015) is before January 1,
questions on the 2015 Form 5500 are not
and PBGC. Both Form 5500 and Form
2016.
required to be answered electronically
5500-SF (including the schedules) must
through EFAST2, but if they are not, they
be filed electronically under the
Where To File
must be answered by filing the paper
computerized ERISA Filing Acceptance
Form 5500-SUP with the IRS.
File the Form 5500-SUP at the following
System (EFAST2). This mandate does not
address.
apply to any questions on the forms that
Who Does Not Have To
request information solely for purposes of
Department of the Treasury
File Form 5500-SUP
satisfying the reporting requirements of
Internal Revenue Service
section 6058 (IRS compliance questions).
If you answer the IRS compliance
Ogden, UT 84201-0020
Under Treasury regulations, only filers
questions on either the Form 5500 or the
(plan administrators or employers who
Form 5500-SF, you do not need to file
maintain the plans) that are required to file
Private delivery services. You can use
Form 5500-SUP.
at least 250 returns of any type during the
certain private delivery services
calendar year that includes the first day of
designated by the IRS to meet the “timely
Jan 14, 2015
Cat. No. 67036W

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