Late5500Form 5500 late filing penalties, and how to cut them
Updated 2026-11-15 · Sources linked below · Not tax or legal advice
Short answer: outside a voluntary program, a late Form 5500 can cost up to $2,739 per day from the DOL (ERISA 502(c)(2), 2025 figure) plus IRS penalties of $250 per day up to $150,000 per return. Filing voluntarily cuts that to the DFVC caps ($750 to $4,000) or, for solo plans, $500 per return ($1,500 max) under Rev. Proc. 2015-32.
The penalties side by side
| Who | Penalty | Applies to |
|---|---|---|
| DOL, ERISA 502(c)(2) | Up to $2,739 per day, no cap (2025 inflation adjustment; adjusted each January) | Title I plans filing Form 5500 / 5500-SF |
| DOL policy outside DFVC (DFVC FAQ 8) | Generally $50/day for late filers; $300/day up to $30,000 per year for non-filers | Title I plans the DOL finds first |
| IRS, Code 6652(e) | $250 per day, up to $150,000 per return | Form 5500, 5500-SF, 5500-EZ |
| DFVC Program | $10/day; small plan $750 per filing / $1,500 per plan; large $2,000 / $4,000; 501(c)(3) small plan $750 | Title I plans, before a DOL letter |
| Rev. Proc. 2015-32 | $500 per return, $1,500 per plan | One-participant (5500-EZ) and other non-Title I plans |
How the DFVC amount is counted
$10 for each day after the original due date (the last day of the 7th month after the plan year ends), ignoring any extension, until the day you file. The penalty is fixed on the e-filing date. A small plan hits the $750 per-filing cap 75 days late, so for most catch-up filings the answer is simply $750 per year, capped at $1,500 for the plan.
Can I get the penalty waived instead?
The IRS allows reasonable-cause requests, but you can't combine one with Rev. Proc. 2015-32. For Title I plans, the practical route is DFVC: once you pay, the IRS generally waives its own late-filing penalties under Notice 2014-35 if any required Form 8955-SSA is also filed. If the DOL has already written to you, DFVC is closed; respond to the letter with an ERISA professional.
Who pays
The plan administrator (usually the employer). DFVC penalties can't be paid from plan assets.
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.
Sources
- DOL EBSA: Delinquent Filer Voluntary Compliance Program (DFVCP)
- DOL EBSA: Frequently Asked Questions about the DFVC Program
- DOL: Federal civil penalties inflation adjustment, 90 FR 1864 (Jan. 10, 2025)
- IRS Rev. Proc. 2015-32 (late-filer penalty relief for Form 5500-EZ and non-Title I plans)
- IRS: Penalty relief program for Form 5500-EZ late filers