Due to the coronavirus (COVID-19) emergency declaration, employers whose Health and Welfare Form 5500 was due to the IRS between April 1, 2020 and July 15, 2020, now have until July 15, 2020 to submit their Form 5500. This extension will apply automatically. It is important to note that this extension is very limited and will only apply to certain employers.
On March 13, 2020, the President issued an emergency declaration in response to the COVID-19 outbreak, which directed the Secretary of the Treasury to provide relief from tax deadlines. The IRS subsequently issued Notice 2020-23, which postponed the deadline to perform certain “time-sensitive acts” to July 15, 2020. Form 5500 filings that were due on or after April 1, 2020 but before July 15, 2020, was one of these “time-sensitive acts” (pursuant to IRS Notice 2018-58). This means that employers whose Form 5500 was due between April 1, 2020 and July 15, 2020 now have until July 15, 2020 to file.
As a reminder, employers have until the last day of the 7th month following the end of their plan year to file their Form 5500 (absent any filing extension). This means that employers whose plan year ended on October 1, 2019, would usually have until April 30, 2020 to file their Form 5500. With the Notice 2020-23 extension, these employers will now have until July 15, 2020 to submit their Form 5500.
Additional Resources
- IRS Notice 2020-23: Additional Relief for Taxpayers Affected by Ongoing Coronavirus Disease 2019 Pandemic
- IRS Notice 2018-58: Time for performing certain acts postponed by reason of service in combat zone of a federally declared disaster
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