Benefits Law Update
        Practical advice from Verrill attorneys

        TIGTA Finds IRS Examinations Are Adversely Affected By Information Dropped from Electronic Form 5500 Filings

        by Kenneth F. Ginder on November 19, 2011

        Prior to January 2010, the DOL manually processed Form 5500 paper returns and schedules. Beginning in January 2010, the DOL began using a new system called EFAST 2 to process Form 5500 filings electronically. Because the Code does not require certain filers to provide information electronically, a variety of IRS information from the old, paper Form 5500 is no longer reported on the new, electronic Form 5500. As a result, the Service’s Employee Plans unit asked the Treasury Inspector General for Tax Administration (TIGTA) to review whether the ability of the Employee Plans division to achieve its tax administration responsibilities has been affected by the reduction in information gathered from employer-sponsored retirement plan annual filings. TIGTA issued its final report, The Employee Plans Function Should Continue Its Efforts to Obtain Needed Retirement Plan Information, a few weeks ago.

        The tax-related information no longer required to be reported on Form 5500 is expansive and includes, for example, coverage information previously included on Schedule T, trustee information previously included on Schedule P, and ESOP information previously included on Schedule E. The TIGTA report provides a full list, by schedule and line item, of previously required information that has been dropped from EFAST 2 Form 5500 submissions.

        The report is interesting for a number of reasons. First, as reported here and elsewhere, TIGTA previously determined that the IRS had improved its performance in plan examinations over the past few years. This latest TIGTA report, however, indicates that the loss of IRS information from the annual Form 5500 series returns may negate those improvements. In particular, the lack of information may adversely affect Employee Plans’ ability to select noncompliant plans for examination. That would negatively affect both plan sponsors and Employee Plans, because compliant plans may be subject to needless examination more often than in recent years and Employee Plans would deploy its limited resources in conducting such needless examinations. Because the electronic filing system is new, those plans filed under EFAST 2 are just entering the exam process and TIGTA could not fully quantify the effect.

        Second, the IRS is going to take action to restore the required filing of information no longer reported. It will, however, take time for any changes to come about. Indeed, the TIGTA report notes that the IRS originally agreed to temporarily relieve filers from reporting certain information as part of the annual filings with the understanding that the IRS would make changes to the Form 5500 series in Fiscal Year 2011, but these proposed changes have been delayed until at least Fiscal Year 2013. Thus, it appears that the current form of annual report will remain in place for at least a few more years.

        Finally, the report identifies numerous concerns raised by Employee Plans personnel regarding the impact on its functions of no longer being able to obtain the information to which it previously had access. For example, IRS personnel indicate that it will adversely affect their ability to identify abusive tax avoidance transactions and noncompliance. The lack of information will also affect the Service’s ability to score returns for difficulty, which ensures that examiners with the appropriate amount of experience work on a case.

        It is fair to assume that the IRS will work hard to restore reporting of this information via electronic filing, but it may take several years for this to happen. In the meantime, the reporting obligations will remain the same and we may see an uptick in potentially needless examinations. As of yet the IRS has not sought to have the information filed separately in paper form, a move which would certainly add to the significant administrative burden involved with maintaining a qualified plan. We do not expect the IRS to resort to paper filings and, thankfully, the TIGTA report clearly cautions that the benefits of obtaining the information should generally outweigh both the cost and any burden imposed on plan sponsors and administrators.

        Benefits Law Update

        Verrill’s Benefits Law Update blog delivers timely insights and practical guidance on the ever-evolving landscape of employee benefits and executive compensation. Our blog provides up-to-date analysis and commentary on a wide range of topics, including timely updates on developments in law affecting employee benefit plans and executive compensation arrangements.

        Key Contacts

        Subscribe

        Looking for more great content? Subscribe for regular legal updates and information delivered right to your inbox.

        Firm Highlights

        Alerts and Newsletters

        Maine’s New Employer Surveillance Law, 26 M.R.S. § 620-A

        Effective July 14, 2026 Maine employers that electronically monitor employees must comply with a new disclosure law effective July 14, 2026. Under...
        Press Releases

        Verrill Recognized by U.S. News as One of the Best Law Firms to Work for in 2026

        BOSTON, Mass., BANGOR and PORTLAND, Maine, GREENWICH and WESTPORT, Conn., – Verrill has been featured on U.S. News’ 2026 Best Companies to Work...
        Blog

        SECURE 2.0 Roth Catch-Up Rules and the 403(b) 15-Year Catch-Up: What Tax-Exempt Employers Need to Know

        Tax-exempt employers whose 403(b) plans offer catch-up contributions for participants age 50 and above should be well on their way to compliance with...
        Media Mentions

        Robert Keach Quoted in Law360 on SIMAD Summer Camp Bankruptcy Sale

        Verrill attorney Robert Keach was recently quoted in a Law360 article examining the Chapter 11 bankruptcy proceedings involving SIMAD Holdings and...
        Media Mentions

        Chris Tsouros Featured in Law360’s Coverage of Sports Real Estate Deals

        Verrill Partner Chris Tsouros was recently recognized in a Law360 article highlighting law firms involved in significant sports real estate projects...
        Blog

        What Maine’s New Employer Surveillance Law Means for Maine Employers

        Maine employers who monitor their workforce, whether through productivity software, GPS, call recording, or cameras, have a new compliance obligation...
        Blog

        Run Don’t Walk: The Implication of “While Supplies Last” Prize Promotions

        This month a big-chain grocery store has been offering daily mystery boxes during specific timed drops on a first-come, first-served basis, to users...
        Blog

        Maine’s Noncompete Statute is Reshaped for Health Care Workers: What You Need to Know

        Employers of individuals who are licensed under state law to perform, or provide, health care services in the State of Maine should be prepared for...
        Media Mentions

        Steven Davis Featured in the Environmental Business Journal

        Steven Davis, President of Verrill Strategic Consulting, was recently interviewed and featured in the Environmental Business Journal, Volume 39...
        Blog

        What is a Bonus for Purposes of ERISA?

        An ongoing dispute about a Department of Labor advisory opinion published last September raises a basic but unanswered question under the ERISA: What...
        Media Mentions

        Verrill Recognized by WMTW for Partnership Supporting Hunger Relief in Maine

        Verrill was recently featured in coverage by WMTW News 8 for its role in a collaborative effort to combat food insecurity across southern...
        Press Releases

        33 Verrill Attorneys, Across Four Offices, Recognized in the 2026 Chambers USA Guide

        BOSTON, Massachusetts, PORTLAND, Maine, WESTPORT, Connecticut, and WASHINGTON, D.C. – Verrill has been recognized as a Leading Firm in 14...