What This Notice Means

The IRS denied your request for more time to file Form 5500 series and/or Form 8955-SSA, Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits. The reason: your Form 5558, Application for Extension of Time to File Certain Employee Plan Returns, wasn't received on time.

The IRS must receive the extension request on or before the due date of the return. Without a valid extension, the original due date applies.

What to Do

File the required Form 5500 series return and Form 8955-SSA as soon as possible. Filing late can bring penalties and interest, and the sooner you file, the less it costs. Keep a copy of this notice for your records.

Before You File: Penalty Relief Programs

This is the decision that matters most. Before filing, look at whether a penalty relief program fits your plan:

  • The IRS Penalty Relief Program for Form 5500-EZ late filers.
  • Penalty relief for filers using the Department of Labor's Delinquent Filer Voluntary Compliance (DFVC) program for late annual reports.
  • The plan correction programs.

The Reasonable Cause Option and Its Risk

Instead of a relief program, you can request penalty relief for reasonable cause by attaching an explanation to your return. Know the trade-off. If the IRS denies that request, you're responsible for all applicable penalties, and the return is no longer eligible for a penalty relief program.

That means the order matters. Choosing reasonable cause first can close the door on the relief programs. Decide which route to take before you file.

Getting Help

The IRS has a phone line for employee plan questions, staffed weekdays. The IRS retirement plan resources explain filing requirements for your organization.

Next Year

Mail Form 5558 on or before the due date of the return. Put it on the plan's compliance calendar.

If your plan's extension was denied and you're weighing penalty relief options, call us at (813) 229-7100.