The Solo 401(k) and Form 5500 trap

Ary Rosenbaum - The Rosenbaum Law Firm P.C.
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Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I think the Solo 401(k) plan is one of the great treats for sole proprietors. I have been using it for years. The problem is that there is so little help, that sponsors of these plans fall into a trap when they forget that there is a Form 5500 to file. It doesn’t help that most solo 401(k) plan providers get zero help from the custodians they work with.

Plans with no employees still have to file a Form 5500 when plans hit $250,000 in assets or more. When plan sponsors forget the 5500 deadlines, they then compound their error by filing the Form late, without using the Department of Labor’s self-correction program for late filings. Then they get a bill from the IRS for tens of thousands of penalties.

If you have a solo or know those that do, be aware of those Form 5500 obligations.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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