Compliance Deadlines

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Compliance Deadlines 2017-03-23T21:51:51+00:00

General Deadlines

Form 5500 and Schedules Due to DOL7 Months after plan year end unless an extension is filed
Form 5558 Extension Due to DOL (if necessary)7 Months after plan year end
Form 5500 and Schedules Due to DOL on Extension9 ½ Months after plan year end
Form 1099-R Mailed to ParticipantsJanuary 31
Form 945 Due to IRSFebruary 10
Form 1096 Due to IRSFebruary 28
Return of Excess Deferrals in case of a Failed ADP TestWithout penalty – 2 ½ months after plan year end
Employer Contributions Due to PlanSame date as corporate tax return including extensions
Safe Harbor Notices to Employees (Existing 401(k) Plans)At least 30 days prior to start of plan year
Safe Harbor Notices to Employees (New Plans or Existing Profit Sharing Plans only)Anytime on or before the Plan Effective Date
70 ½ Required Minimum DistributionsDecember 31 *Exceptions May Apply

For Calendar Year Plans

01/31: Forms 1099-R to the Participants – The custodian/directed trustee of the plan generally delivers the 1099-Rs directly to the participants. Note that some custodians deliver the 1099-R along with the distribution check, either attached to it or as a separate enclosure. Please contact your recordkeeper if you have any questions.

01/31: Form 945: Annual Return of Withheld Federal Income Tax to the IRS – The custodian/directed trustee for the plan generally prepares this form and files with the IRS on the plan’s behalf. Note that the deadline can be extended to February 10th if all taxes were paid timely.

02/28: Forms 1096 and 1099-R to the IRS – The custodian/directed trustee of the plan generally prepares and files these forms.

03/15: ADP/ACP Refunds to Avoid Excise Tax – The ADP/ACP refund must be postmarked by March 15th in order to avoid the 10% excise tax. For non-calendar-year plans, the due date is 2 1/2 months following the close of the plan year.

03/31: Electronic Filing of Forms 1099-R – The custodian/directed trustee performs this task in association with the recordkeeper.

04/01: RMD for Participants Attaining Age 70 1/2 During The Preceding Calendar Year – Initial Required Minimum Distribution is due by April 1st of the year following the year in which the participant first attains age 70 1/2. Non-owners who continue working may defer this initial RMD until April 1st of the year after they actually retire.

04/15: Corrective Distribution of Excess Deferrals – Participants who exceed the maximum 401(k) deferral limit must receive corrective refunds no later than April 15th of the following year in order to avoid double-taxation on the exess amount.

07/31: Form 5500 Filing – The Form 5500 must be electronically filed with the Department of Labor via the EFAST2 system no later than July 31st of the following year. The deadline can be extended to October 15th by filing Form 5558 by the July 31st deadline. For non-calendar-year plans, the deadline is 7 months following the last day of the plan year.

09/30: Adoption of New Safe Harbor 401(k) Plan for the Current Year – A company that does not have a retirement plan or that has a profit sharing plan can establish a safe harbor 401(k) plan for the current year as long as it is in place and all plan documents/amendments signed no later than September 30th. Deferrals must be witheld from the first payroll in October. In addition, the plan sponsor must provide the required safe harbor notice to all participants within 30-90 days before the effective date (July 1st – September 1st). For non-calendar-year plans, the safe harbor provision must be in effect for at least the last 3 months of the plan year.

09/30: Summary Annual Report to Participants – The SAR must be provdied to all participants no later than September 30th of the following year; however, if the Form 5500 filing deadline is properly extended, the deadline for distributing the SAR is extended to December 15th. For non-calendar-year plans, the deadline is 2 months following the deadline for filing Form 5500.

10/15: Extended Form 5500 Filing – The extemded deadline for filing Form 5500 is October 15th for plans that filed Form 5558 by the intial July 31st deeadline. This deadline cannot be further extended. For non-calendar-year plans, the deadline is 9 1/2 months following the last day of the plan year.

12/01: Safe Harbor, Qualified Default Investment Alterntative and Automatic Enrollment Notices to Participants – The deadline for dsitirbution the safe harbor, QDIA and/or automatic enrollment notices to participants for the next plan year is December 1st. For non-calendar-year plans, the deadline is 30 – 90 days before the start of the upcoming plan year.

12/15: Extended Summary Annual Report to Participants – The extended deadline for provding the SAR to participants is December 15th for plans that filed Form 5558 by the initial July 31st deadline. For non-calendar-year plans, the deadline is 11 1/2 months following the close of the year or 2 months following the extended deadline for filing Form 5500.

12/31: RMD for Participants Already in Pay Status – Participants who have already begun receiving required minimum distributions must receive their RMDs by Decemebr 31st each year. Note that due to heavy volume at year-end, many recordkeepers require advance notice of 7 – 14 days to ensure processing of RMDs by the end of the year.