If you sponsor a retirement plan, chances are you are required to file a Form 5500 each year. And if those filings are being missed, knowingly or unknowingly, the penalties can add up quickly.
Form 5500 is one of the core compliance requirements tied to employer-sponsored retirement plans, yet many business owners do not realize they are responsible for it until a problem surfaces. In some cases, plans go years without proper filings because the employer assumed another advisor, provider, or payroll company was handling it.
In this article, we explain what Form 5500 is, who is required to file it, how the filing rules apply to solo plans, and how Mirador helped one business owner correct a years-long compliance issue before it became significantly more expensive.
What Is Form 5500?
Form 5500 is an annual filing required by the Department of Labor (DOL) and the Internal Revenue Service (IRS) for most employer-sponsored retirement plans and other ERISA-covered benefit plans.
The filing functions similarly to a tax return for the retirement plan itself. It provides regulators with information about the plan’s financial condition, operations, investments, and overall compliance status.
Form 5500 generally includes information such as total plan assets, contributions made during the year, participant distributions, investment performance, plan expenses, and operational details related to the plan itself.
Depending on the type and size of the plan, additional schedules and disclosures may also be required.
Retirement plan compliance is not simply an administrative formality. These filings help demonstrate that the plan is being operated properly and in accordance with federal regulations.
Who Needs to File a Form 5500?
Most employers sponsoring qualified retirement plans are required to file annually. This commonly includes businesses offering 401(k) plans, profit sharing plans, defined benefit plans, and cash balance plans.
Even small businesses and closely held companies may have annual filing obligations.
Solo 401(k) Plans May Be Exempt Until They Reach the Threshold
Solo 401(k) plans with only one participant are generally exempt from filing until plan assets exceed $250,000.
Once that threshold is crossed, the plan sponsor is typically required to begin filing Form 5500-EZ annually.
This is one of the most common areas where business owners unintentionally fall out of compliance. A solo plan may operate for years without filing requirements, then quietly cross the asset threshold without the owner realizing the rules changed.
Why 5500 Filings Are Commonly Missed
Many missed filings are not intentional.
Business owners often assume their payroll company is handling the filing, their financial advisor is responsible for compliance, or an old plan no longer requires reporting. Others believe a solo plan is permanently exempt from filing requirements.
In reality, the responsibility ultimately falls on the plan sponsor.
That is why regular plan reviews and ongoing compliance oversight are important, especially as plan balances grow or business structures evolve.
Penalties for Not Filing Form 5500
Failing to file Form 5500 can result in significant penalties from both the Department of Labor and the IRS.
Penalty amounts are adjusted periodically and can accrue daily for late or missing filings. Currently, penalties can reach up to $2,739 per day from the DOL and $250 per day from the IRS, depending on the type and duration of the violation.
In situations where multiple years were missed, the total exposure can become substantial very quickly.
For business owners, what may begin as a small oversight can eventually turn into a major compliance issue.
Case Study: Unfiled 5500s Discovered During a Plan Review
When a financial advisor referred a high-income client to Mirador to explore a defined benefit plan, our team began with a standard review process.
As part of that process, one of the first questions we ask is:
“We always ask: do you already have a retirement plan in place?”
The client explained that he had established a 401(k) profit sharing plan years earlier. But when we requested the plan documents and reviewed the filing history, we discovered there were no Form 5500 filings on record.
The plan had well over $250,000 in assets, yet no annual filings had been submitted for years.
“When we asked him about the 5500, he said, ‘Form 55-what?’ That was our red flag.”
That immediately raised a significant compliance concern.
How Mirador Helped Correct the Issue
Once the issue was identified, our team moved quickly to evaluate the situation and correct the missing filings.
We confirmed the filing threshold had been exceeded, prepared and submitted the missing Form 5500 filings, and enrolled the client in the Delinquent Filer Voluntary Compliance Program (DFVCP).
By addressing the issue proactively, the client was able to substantially reduce the potential penalties associated with the missed filings.
“Yes, he had to pay fees, but we saved him from a potential $30,000+ hit.”
What Is the Delinquent Filer Voluntary Compliance Program (DFVCP)?
The Delinquent Filer Voluntary Compliance Program (DFVCP) is a correction program offered through the Department of Labor that allows plan sponsors to voluntarily address late Form 5500 filings before being contacted by regulators.
The program is designed to encourage correction and significantly reduce potential penalties compared to what may be assessed during a formal investigation or audit.
For businesses that discover missed filings, acting quickly can make a major financial difference.
Proactive Retirement Plan Compliance Matters
This situation is more common than many business owners realize.
Retirement plan compliance involves more than simply making contributions or setting up a plan document. Sponsors also carry ongoing fiduciary and reporting responsibilities that need to be monitored over time.
At Mirador, every engagement begins with a detailed review of the existing retirement plan structure and compliance history. Whether we are helping design a new defined benefit plan or evaluating an existing 401(k), the goal is to identify issues early and keep the plan operating properly.
That includes reviewing prior Form 5500 filings, plan documents and amendments, contribution structures, participant requirements, and potential compliance gaps that may create future risk.
Don’t Wait for a Penalty Letter
If you sponsor a retirement plan, whether it is a solo 401(k) or a company-wide plan, it is important to make sure your filing obligations are being handled correctly.
Small compliance issues can become expensive problems when they go unnoticed for years.
Mirador helps business owners review retirement plans, identify compliance gaps, and ensure required filings are handled properly before those issues turn into larger financial and operational risks.
Frequently Asked Questions
For most calendar-year retirement plans, Form 5500 is due on the last day of the seventh month following the end of the plan year. Businesses can typically request an extension if additional time is needed.
A solo 401(k) is generally exempt from filing requirements until plan assets exceed $250,000. Once that threshold is crossed, the plan sponsor is typically required to file Form 5500-EZ annually.
Missing multiple years of filings can create significant penalty exposure. In many cases, businesses may be eligible to correct the issue through the Delinquent Filer Voluntary Compliance Program (DFVCP), which can substantially reduce penalties if addressed proactively.
The Delinquent Filer Voluntary Compliance Program is a Department of Labor correction program that allows plan sponsors to voluntarily submit late Form 5500 filings before being contacted by regulators.
Form 5500 filings are often prepared by TPAs, Retirement Plan Consultants, accountants, or other retirement plan professionals. However, the plan sponsor remains ultimately responsible for ensuring the filings are completed accurately and submitted on time.









