DOL And IRS Finalize Changes To Form 5500

• Published date: 05 April 2024
• Subject Matter: Employment and HR, Employee Benefits & Compensation, Employee Rights/ Labour Relations
• Law Firm: Kutak Rock LLP
• Author: Kutak Rock

Click here to download a pdf version of this newsletter.

In March of 2023 the Department of Labor ("DOL") and Internal Revenue Service ("IRS") announced changes to the Form 5500 mandated by the SECURE Act and SECURE 2.0.

Counting Participants: Starting with the 2023 plan year, defined contribution plans will include fewer participants in 5500 reporting. Previously, plans reported participants who were eligible to contribute to the plan when determining plan size. Now, only individuals with an account balance will be counted as participants. Plans with fewer than 100 participants may file the simpler Form 5500-SF and forgo an audit by an independent qualified public accountant. This counting methodology also applies to the "80-120 participant rule," which permits plans to file the same form they filed the year before if that plan has between 80 and 120 participants. Overall, these changes will save small plan sponsors time and money.

Miscellaneous Changes: There are several other changes that have been made to the Form 5500. These include:

• Schedule H includes more detailed information about administrative expenses, such as information on salaries and allowances...