We missed an owner-only plan Form 5500-EZ. Can we use the Labor Department delinquent-filer program?
A late one-participant plan return generally needs review under the IRS penalty-relief program for eligible Form 5500-EZ filers, rather than assuming the…
By AE Tax Advisors Team · Updated October 29, 2026
A late one-participant plan return generally needs review under the IRS penalty-relief program for eligible Form 5500-EZ filers, rather than assuming the Labor Department's delinquent-filer program covers it. Eligibility, submission requirements and any prior penalty notice matter. The correct program depends on the plan's actual filing status.
A specific business-owner situation
An owner discovers several unfiled plan returns and finds a delinquent-filer payment page online. Paying the wrong program may not resolve the IRS filing failure.
Illustrative example, not a client result.
What to establish before filing
- Confirm the plan and required return type.
- Check IRS relief-program eligibility and notice history.
- Submit complete delinquent returns under the applicable instructions.
Which fact changes the answer?
A qualifying late filer before an assessed-penalty notice can have different options from one already notified. The actual notice history must be checked.
A mistake to avoid
Do not assume a program for ERISA-covered plans automatically applies to an owner-only plan.
Records that support the decision
- Plan documents.
- Unfiled-year asset statements.
- IRS notices and relief submission records.
The decision to document
Have the administrator identify the correct relief path promptly and retain proof that each missing year was addressed.
Business-owner tax planning and preparation scope · Discuss advisory scope with AE
Related questions
- Our owner-only plans each hold less than the filing threshold. Can we test each account separately?
- We terminated an owner-only plan below the usual asset threshold. Can we skip its final annual return?
Sources and editorial context
- IRS Publication 560: small-business retirement plans
- IRS: penalty relief for eligible Form 5500-EZ late filers
- IRS Form 5500-EZ instructions: one-participant plans
General educational information prepared with AI assistance. No individual professional review is claimed. Apply the relevant tax-year rules to the actual records. Editorial policy · AI disclosure.