Late5500The DFVC Program, step by step
Updated 2026-11-15 · Sources linked below · Not tax or legal advice
Short answer: the Delinquent Filer Voluntary Compliance (DFVC) Program lets a plan administrator catch up on late Form 5500 or 5500-SF filings for $10 per day late, capped at $750 per filing and $1,500 per plan for small plans ($2,000 / $4,000 for large plans). You e-file each late year on EFAST2 with the DFVC box checked, then pay online through Pay.gov.
Who can use DFVC
- Administrators of plans covered by Title I of ERISA that file Form 5500 or 5500-SF.
- Only before the DOL has notified the administrator in writing of the failure to file. A Notice of Intent to Assess a Penalty always ends eligibility; an IRS late-filer letter doesn't.
- Not for Form 5500-EZ filers or one-participant plans (they use IRS Rev. Proc. 2015-32), and not for amended filings.
The penalty
| Plan | Per day | Per filing cap | Per plan cap |
|---|---|---|---|
| Small (under 100 participants at the start of the year, or 80-120 rule) | $10 | $750 | $1,500 |
| Small, sponsored by a 501(c)(3) (including 403(b) plans) | $10 | $750 | $750 |
| Large | $10 | $2,000 | $4,000 |
Days are counted from the day after the original due date; extensions are ignored. If any late year was a large-plan year, large-plan caps apply to the whole submission. The per-plan cap applies only when every late year is paid in the same online transaction. Top hat and apprenticeship plans pay a flat $750.
Example: a calendar-year 401(k) with 30 participants missed its 2023 and 2024 returns (due July 31, 2024 and July 31, 2025). Both are more than 75 days late, so each hits the $750 cap; the two together are $1,500, which is also the per-plan cap. Total: $1,500, paid once.
How to file under DFVC
- Prepare a complete Form 5500 or 5500-SF, with all schedules and any required audit report, using the form for that plan year.
- Check the "DFVC program" box in Part I (line C on the 2025 Form 5500-SF).
- E-file on EFAST2. Form 8955-SSA isn't part of the EFAST2 filing; send it to the IRS.
- After every year is processed (allow up to 24 hours), open the DOL's DFVC online calculator, enter the EIN and plan number, select all the late filings and pay through Pay.gov by bank account or card. Paper checks are no longer accepted.
What you give up, and what you get
Paying the DFVC penalty waives your right to a notice of assessment and to contest it. In return, the IRS generally waives its own late-filing penalties when the DFVC conditions are met and any Form 8955-SSA is filed (IRS Notice 2014-35), and the PBGC gives similar relief. The administrator is personally liable for the penalty, so it can't come from plan assets.
DOL questions: Office of the Chief Accountant, 202-693-8360.
Check your own plan
Enter your EIN: we find your plan's last filing in the DOL data, list the late years, and compute your program penalty free. $449 for the full Word kit.