For small businesses that missed a Form 5500, 5500-SF or 5500-EZ

Late Form 5500? Catch up for $750 a year, not $2,739 a day.

Enter your EIN. We pull your plan's filing history from the DOL's public Form 5500 data, find the late years, pick the right program (DFVC or the IRS 5500-EZ relief program), compute the exact program penalty, and give you the Word documents to file: step-by-step instructions, a prefilled data worksheet for each year, Form 14704 for solo plans, letters and checklists.

Check my plan, freeFree outline with your late years, forms and penalty. $449 one time for the full kit.
  • DFVC penalty computed from the DOL's rules: $10/day, $750 per filing, $1,500 per plan for small plans
  • Solo 401(k)s: Rev. Proc. 2015-32 at $500 per return, $1,500 max, and the $250,000 no-filing check
  • Prior-year numbers from your plan's own DOL filings, so the worksheet starts filled in
July 31Form 5500 due date for calendar-year plans (Oct. 15 with Form 5558)
$1,500DFVC cap per small plan, all late years together
$2,739/daymaximum DOL penalty outside the program (2025)
$449one time, every late year included

Which program fixes your late Form 5500

Plans with employees · DFVC

401(k), profit-sharing, defined benefit and funded welfare plans covered by ERISA Title I file each late year on EFAST2 with the "DFVC program" box checked, then pay one capped penalty online through Pay.gov. Available only until the DOL writes to you.

Solo plans · Rev. Proc. 2015-32

Plans covering only owners and spouses (or partners) file paper Form 5500-EZs marked for the IRS late-filer program, with Form 14704 and one check: $500 per return, never more than $1,500. Years at or under $250,000 in assets may not need a return at all.

When you need a pro

Large plans need an independent accountant's audit, defined benefit plans need an actuary, and a DOL letter closes DFVC. The kit flags each of these and still gives you the worksheets and checklists to hand over.

Form 5500 late filing penalties

RoutePenaltyCap
DFVC, small plan$10 per day late$750 per filing · $1,500 per plan
DFVC, small plan of a 501(c)(3)$10 per day late$750 per filing · $750 per plan
DFVC, large plan$10 per day late$2,000 per filing · $4,000 per plan
Rev. Proc. 2015-32 (5500-EZ)$500 per return$1,500 per plan
DOL outside DFVCUp to $2,739 per day (ERISA 502(c)(2), 2025)None
IRS, Code 6652(e)$250 per day$150,000 per return

DFVC days count from the day after the original due date; extensions don't count. The per-plan cap needs every late year paid in one online transaction. Penalties can't be paid from plan assets. Sources below.

How to fix a late Form 5500

  1. Find the late years. List each plan year with no Form 5500, 5500-SF or 5500-EZ on file whose due date has passed.
  2. Pick the program. Plans covering employees use the DOL DFVC Program; one-participant plans use IRS Rev. Proc. 2015-32.
  3. Gather the records. Get year-end asset statements, contributions, distributions and participant counts for each late year.
  4. Prepare each return. Use the form for each plan year; check the DFVC box (or the IRS late-filer box / red header for 5500-EZ).
  5. File. DFVC: e-file each year on EFAST2. Rev. Proc. 2015-32: mail paper 5500-EZs with Form 14704 to IRS Ogden.
  6. Pay. DFVC: pay online via the DOL calculator and Pay.gov, all years at once. Rev. Proc. 2015-32: one check to United States Treasury.
  7. Stay current. Calendar next year's due date and the Form 5558 extension deadline.

Late5500 takes about 10 minutes: enter your EIN, answer a few questions about the plan, see your free outline, then unlock the Word kit.

Late5500 vs. a TPA or CPA vs. doing it yourself

Late5500TPA / CPA catch-up serviceDIY
Price$449 one time, all late yearsOften priced per year filedFree, plus your time
Program and penalty worked outYes, with sourcesYesIf you read the DFVC FAQs and Rev. Proc.
Prior-year numbers pulled for youYes, from DOL dataUsuallyNo
See it before you payYes: years, forms, penaltyNon/a
Files for youNo, you or your provider fileYesNo

Late Form 5500 FAQ

What happens if I file Form 5500 late?

The DOL can assess a civil penalty of up to $2,739 per day for each late annual report (ERISA section 502(c)(2), 2025 inflation adjustment), and the IRS can charge $250 per day up to $150,000 per return (Code section 6652(e)). Plan administrators who correct late filings voluntarily through the DOL's Delinquent Filer Voluntary Compliance (DFVC) Program pay far less: $10 per day, capped at $750 per filing and $1,500 per plan for small plans.

What is the DFVC Program?

The Delinquent Filer Voluntary Compliance Program is the DOL's way for plan administrators to catch up on late Form 5500 and 5500-SF filings at a reduced penalty. You file each late year on EFAST2 with the "DFVC program" box checked, then pay through the DOL's online DFVC calculator with Pay.gov. It's only available before the DOL notifies you in writing of the failure to file.

How much is the DFVC penalty?

$10 per day late, counted from the day after the original due date (extensions are ignored). Small plans (generally under 100 participants at the start of the year): $750 per filing, $1,500 per plan. Large plans: $2,000 per filing, $4,000 per plan. Small plans sponsored by a 501(c)(3) organization: $750 per plan. The per-plan cap only applies when every late year is paid in one online transaction, and the penalty can't be paid from plan assets.

When is Form 5500 due?

The last day of the 7th month after the plan year ends: July 31 for calendar-year plans. Filing Form 5558 by that date extends it up to 2½ months (October 15). If a due date falls on a weekend or federal holiday, it moves to the next business day. Form 5500-EZ has the same deadline.

I'm a solo 401(k) owner and missed my Form 5500-EZ. What do I do?

One-participant plans (only owners and spouses, or partners and spouses) aren't eligible for DFVC. Use the IRS penalty relief program in Rev. Proc. 2015-32: file a paper Form 5500-EZ for each late year marked for the program, attach Form 14704 to the oldest return, and include a check for $500 per return, never more than $1,500 per plan. Mail it to the IRS in Ogden, Utah. Electronically filed late returns don't qualify.

Do I have to file Form 5500-EZ if my solo 401(k) is small?

Not if the plan's assets, combined with any other one-participant plans you sponsor, were $250,000 or less at the end of the plan year. A return is always required for the plan's final year. Late5500 checks each year against the threshold before charging you for a year that never needed a return.

Can the DFVC penalty be paid from the 401(k) plan?

No. The plan administrator is personally liable for the DFVC penalty, so it has to be paid from the company's or the administrator's own money, never plan assets (DFVC FAQ 15).

Does DFVC also cover IRS penalties?

Generally yes. Under IRS Notice 2014-35, the IRS gives penalty relief for late Forms 5500 and 5500-SF when the DFVC conditions are met, as long as any required Form 8955-SSA is filed with the IRS. The PBGC gives similar relief.

Is Late5500 tax or legal advice? Do you file for me?

No and no. Late5500 is a document-preparation service. It computes the program penalty from the DOL's and IRS's published rules and builds instructions and worksheets from your answers and the plan's public DOL filings. You or your provider file the returns. Plans needing an audit, an actuary or a response to a DOL letter should use a CPA or ERISA professional; the kit tells you when.

What does it cost?

$449 one time per plan, for every late year. You get a free outline first: which years are late, which program applies, the forms for each year and the program penalty. Pay only to unlock the full Word kit.

File before the DOL finds you

DFVC closes the day the DOL sends a letter. Check your plan now; it's free until you unlock the kit.

Start free

Sources

Updated 2026-11-15.