Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Red flags on Form 5500 alert Internal Revenue Service and Department of Labor to plan issues

By Jerry Kalish on July 31, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

For calendar year ERISA plans, today is the due date for filing their 2016 Form 5500 unless extended. While the vast majority of employers will meet that deadline, some will have red flags on their returns that could pique the interest of the Internal Revenue Service (“IRS”) and the Department of Labor (“DOL”).

Mistakes happen and can generally be corrected, but here’s four red flags that the IRS and DOL look for and want to make sure are fully corrected.

  1. Deposit Timing Failures. Right up at the top of the DOL’s enforcement initiatives.
  2. No ERISA Fidelity Bond. A fiduciary requirement, and sometimes necessary, e.g, Timely reminder why an ERISA fidelity bond is necessary
  3. Deemed Distributions. A participant who is not continuing loan repayments at the end of the year.
  4. Corrective Distributions. The return of excess deferrals and excess contribution and any gains attributed thereon.

A plan sponsor can’t turn back the clock to 2016, of course, to avoid any of these reportable transactions, but there are two obvious takeaways.

First, fix them if not already done so; and

Second, put a procedure in place to avoid them going forward.

Before you receive a letter from either the IRS or DOL.

Image Credit: © Can Stock Photo /tomwang

Jerry Kalish

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit…

Jerry Kalish is President of National Benefit Services, Inc., retirement plan consultants and administrators, which he founded in 1978 when 401(k) was enacted into law.

He is a member of the Great Lakes Area TE/GE Council, a 501(c)(3) organization whose members are benefit practitioners who meet regularly with the Internal Revenue Service and the Department of Labor on ERISA matters.

Jerry provides continuing education programs for attorneys, CPAs, and the financial services industry and has co-taught the course on non-ERISA retirement plans, 403(b) plans, and 457 plans at John Marshall School of Law LLM Program in Employee Benefits.

He is on the International Advisory Board of The Center on Business and Poverty, a non-profit organization that supports businesses and non-profits that embody the practice of participatory capitalism.

Read more about Jerry KalishEmailJerry's Twitter Profile
Show more Show less
  • Posted in:
    Employment & Labor
  • Blog:
    The Retirement Plan Blog
  • Organization:
    National Benefit Services, Inc.
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo