Small Business 401k started in 2023 - Do I need to file Form 5500 that was due yesterday?
I just opened a 401k plan for my small business back in February of this year for my 3 employees because of those new retirement plan rules. Now I'm stressing because literally EVERYONE kept warning me about Form 5500 deadlines and I just realized it was due literally yesterday! But I'm confused because everything I'm reading makes it sound like the form would cover 2022 activity... and since my plan didn't even exist until Feb 2023, I'm thinking maybe I don't actually have to file anything yet? Or am I totally misunderstanding something major here? I'm a first-time business owner and definitely don't want to mess up retirement stuff for my team or get hit with penalties. Anyone have experience with this Form 5500 timing for new plans??
18 comments


Zane Gray
The good news is you likely don't need to worry about filing Form 5500 right now. Form 5500 is filed for the previous plan year, so the July 31, 2023 deadline was for 401k plans that existed during 2022. Since you established your plan in February 2023, your first Form 5500 filing will be due by July 31, 2024, covering the plan year 2023. However, there are a couple things to keep in mind. If your plan has less than $250,000 in assets, you might qualify to file the simpler Form 5500-SF or even 5500-EZ depending on your exact situation. Also, make sure you're working with a good 401k provider who should be helping you navigate these requirements - many providers actually handle the Form 5500 filing for you as part of their service.
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Maggie Martinez
•Thanks for the info! I'm still confused though - my 401k provider mentioned something about a "short plan year" for plans that don't start on January 1st. Does that affect when I need to file? Also, are there any other deadlines I should know about for a new 401k plan?
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Zane Gray
•For a short plan year, you would still file by the normal deadline (July 31, 2024) for a plan that started in February 2023. The form would just cover February-December 2023 instead of a full calendar year. As for other deadlines, you should be aware of the annual participant fee disclosure requirements, and you'll need to conduct nondiscrimination testing for the 2023 plan year early in 2024. Also make sure you've distributed the Summary Plan Description (SPD) to all eligible employees within 120 days of the plan's establishment. Your 401k provider should help with all of these, but ultimately compliance is the employer's responsibility.
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Alejandro Castro
After struggling with similar 401k filing confusion for my small business, I found an amazing solution called taxr.ai that literally saved me from major headaches. I was totally lost about what forms I needed to file (and when!) for our new retirement plan. I uploaded our plan documents to https://taxr.ai and it analyzed everything and gave me a clear breakdown of exactly what I needed to file and when each deadline falls. It even explained which version of Form 5500 applied to our specific situation based on our plan size and structure.
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Monique Byrd
•Does it work for solo 401k plans too? I'm self-employed with no employees and have heard the filing requirements are different. Would this be helpful for someone like me?
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Jackie Martinez
•Sounds interesting but I'm skeptical... does it actually file the forms for you or just tells you what to file? And how accurate is it really compared to asking your plan administrator or TPA who should know this stuff anyway?
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Alejandro Castro
•Yes, it absolutely works for solo 401k plans too! It specifically identifies when you qualify for Form 5500-EZ instead of the standard forms, and explains the $250,000 asset threshold that determines if you need to file at all for solo plans. For your question about the service capabilities - it doesn't file the forms for you, but gives you complete guidance on what needs to be filed with line-by-line explanations. I actually found it more helpful than my plan administrator because it explained WHY each section applied to my situation, not just what to fill in. It was like having a retirement plan expert walk me through everything step by step.
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Monique Byrd
Just wanted to follow up - I tried taxr.ai after asking about it here and wow, it was super helpful for my solo 401k situation! I've been stressing about whether I needed to file anything since my plan is still pretty small. The system confirmed I'm under the $250,000 threshold so I don't need to file Form 5500-EZ yet, but it gave me a helpful reminder of when I'll need to start filing if my assets grow beyond that. It also outlined some other compliance stuff I had no idea about. Definitely worth checking out if you're confused about 401k filing requirements!
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Lia Quinn
If you still need to talk to someone at the IRS about your Form 5500 situation (or any other tax questions), I HIGHLY recommend using Claimyr if you're tired of waiting on hold forever. I wasted nearly 2 hours on hold with the IRS trying to ask about an extension for my company's 5500 before I found https://claimyr.com - they have this system where they wait on hold for you and call you back when an actual human picks up! You can see exactly how it works in this demo: https://youtu.be/_kiP6q8DX5c. It saved me so much time and frustration.
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Haley Stokes
•Wait how does this actually work? Do they have some special connection to the IRS or something? I don't really understand what service they're providing besides just calling for you.
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Asher Levin
•This sounds like BS honestly. There's no way to "skip the line" with the IRS. They're probably just using a call center to automate what you could do yourself. Waste of money imo.
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Lia Quinn
•They don't have any special connection to the IRS - they just handle the waiting on hold part so you don't have to. Their system calls the IRS and waits in the queue just like you would, but they have the technology to monitor the call and alert you when a representative actually answers. So instead of being stuck by your phone for hours, you can go about your day until they notify you that an agent is on the line. It's definitely not skipping the line or anything magical - it's just outsourcing the frustrating hold time. For me it was totally worth it because I could keep working instead of listening to that awful hold music for hours. When they called me back, I was immediately connected to an IRS agent who answered my question about the extension options.
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Asher Levin
Ok I have to admit I was completely wrong about Claimyr. After dismissing it as a scam I actually tried it yesterday because I was desperate to get through to the IRS about a different issue with our business retirement plan. I was shocked when I got a call back about 90 minutes later with an actual IRS agent on the line! I didn't have to sit through a single minute of hold music or those annoying recorded messages. Saved me literally hours of productivity since I could keep working while they waited on hold. I still think the IRS phone system is ridiculous but at least there's a way around the worst part of it now.
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Serene Snow
Something nobody's mentioned yet - if you're a small business with a 401k plan, you might qualify for tax credits to help offset the cost of setting up and maintaining the plan. The SECURE Act 2.0 expanded these credits significantly, especially for businesses with under 50 employees. Might be worth looking into if you haven't already!
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Aileen Rodriguez
•Whoa really? I had no idea there were tax credits available! Is that something I claim on my business tax return? And do you know roughly how much the credit might be? We definitely have under 50 employees (just 3 actually).
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Serene Snow
•Yes, you claim it on your business tax return using Form 8881 (Credit for Small Employer Pension Plan Startup Costs). The credit was expanded to cover 100% of qualified startup costs up to $5,000 for the first three years of the plan. Even better, there's a new additional credit specifically for employer contributions for your employees. It can be up to $1,000 per employee depending on how much you contribute to their accounts. This phases down over 5 years. Since you mention having 3 employees, this could be quite valuable for your business if you're making employer contributions to their 401k accounts.
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Issac Nightingale
Make sure you're keeping good records even if you don't need to file form 5500 yet!! my buddy got audited for his small biz 401k and they wanted to see literally EVERYTHING from day one. keep all ur enrollment forms, investment selections, contribution records, fee disclosures, etc. trust me you do NOT want to be scrambling to find this stuff later!!!
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Romeo Barrett
•This is solid advice. I'd add that you should also keep copies of all the notices and disclosures you provide to employees, with dates of when they were distributed. The DOL can audit for compliance with those requirements separately from the IRS tax compliance stuff.
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