Late Form 5500 filings can create federal penalty exposure. The Department of Labor also maintains the Delinquent Filer Voluntary Compliance Program (DFVCP) for eligible filers who satisfy the program requirements.
Start by separating two questions
- What penalties could apply to the late filing? Statutory and agency penalties are not the same as the reduced DFVCP amount.
- Is the plan eligible for DFVCP? Eligibility and filing steps matter; paying a reduced amount by itself does not complete the program.
DFVCP reduced amounts
The DOL DFVCP calculator generally uses $10 per day and applies per-filing and per-plan caps. Small and large plans have different caps, and special caps can apply to certain 501(c)(3), Top Hat and apprenticeship filings.