Recurring Deadlines for 401(k) Plans
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2010 Deadlines for CY 2009 Plan (unles otherwise noted) |
Action/Form Name |
Form Number |
When Due(Generally deadlines for IRS and DOL Forms are extended to the next business day if the due date falls on the weekend or holiday.) | Who Is Responsible |
Delivered To |
| Recurring Deadlines for 401(k)Plan | |||||
| Each pay period | Deferral Remittance | Safe Harbor for Small Plans: within 7 business days of pay date;other-wise, as soon as administratively possible | Employer | Trust/Custodian | |
| 2/1 | Distribution Reporting | Form 1099-R | 1/31 | Payor | Recipient |
| 2/1 or 2/11 | Annual Return of Withheld Federal Income Tax | Form 945 | 1/31 or 2/10 if taxes timely paid | Payor | IRS |
| 1/31 | Submission of Cycle C Individually Designed Plans | Form 5300 | 1/31 | Employer | IRS |
| 3/1 or 3/31 | Distribution Reporting to IRS | Forms 1099-R / 1096 |
2/28 (or 3/31 if filled electronically) | Payor | IRS |
| 3/1 | Notification of Excess Deferral (participates in more than one unrelated 401(k)) | 3/1 | Partisipant | Plan Administrator | |
| 3/15 | Corrective Distribution for failed ADP/ACP without 10% Excise Tax (non EACAs) | 2-1/2 months after plan year-end | Employer/Trustee | Participants | |
| 6/30 | Corrective Distribution for failed ADP/ACP without 10% Excise Tax (EACAs) | 6 months after plan year-end | Employer/Trustee | Participants | |
| 3/15 | Filling of Corporate Tax Return and Contribution Deadline for Deductibility (without extension, see below) | Form 1120 | 2-1/2 months after fiscal year-end | Corporate Employer | IRS |
| 3/15 | Request for Automatic Extension-Corporate Tax Returns (to 9/15) | Form 7004 | File on or before 2-1/2 months after fiscal year-end | Corporate Employer | IRS |
| 3/31 (for Jan 1 entry) | Summary Plan Description | Within 90 days of becoming a participant | Plan Administrator | New Participants | |
| 3/31 | Excise Taxes for failure to make timely correction of failed ADP/ACP test for 2008 PY | Form 5330 | Last day of the 15th month after the plan year-end to which the excess contributions or excess aggregate contributions relate | Plan Sponsor | IRS |
| 4/15 | Corrective Distribution of 402(g) (Excess Deferrals) | 4/15 | Plan Administrator / Trustee | Participants | |
| 4/15 | Filling of Individual and/or Partnership Tax Returns & Contribution Deadlines for Unincorporated Entities (without extension, see below) | Form 1040, 1065 with Schedule K-1 | 15th day of 4th month after end of partnership(or personal) tax year | Sole Proprietor, Partnership, LLC or LLP (assuming election to be taxed as unincorporated entity) | IRS/Partner/Member |
| 4/15 | Request for Automatic Extension-Individual (to 10/15) and Partnership (to 9/15) Tax Returns | Form 4868 Individual; Form 8736 Partnership | 15th day of 4th month after end of partnership (or personal ) tax year | Sole Proprietor, Partnership, LLC or LLP (assuming election to be taxed as unincorporated entity) | IRS |
| 4/30 | Annual Statement of Pooled Fund, Other Data Needed for 5500 Filling | 120th day after end of plan year | Bank, Insurance Company, Plan Sponsor | Plan Administrator | |
| 7/29 | Summary of Material Modefications | 210th day after end of plan year when modification was adopted | Plan Administrator | Participants, Beneficiaries | |
| 8/2 | Excise Taxes (on prohibited transactions ) | Form 5330, Part III | Last day of 7th month after end of tax year of disqualified person | Disqualified person involved in prohibited transaction | IRS |
| 8/2 | Annual Report of Plan (with Schedules) | Form 5500 series | Last day of 7th month beginning after end of plan year (or as extended) | Plan Sponsor | DOL |
| 8/2 | Request for Automatic Extension-5500 Series (2-1/2 months) | Form 5558 | Due date for Form 5500 | Plan Sponsor | IRS |
| 8/2 | Statement of Deferred Benefits | No later than filling of Form 5500 (Schedule SSA) | Plan Administrator | Partisipants | |
| 9/15 | Extended Deadline for Filling of Corporate Tax Returns (and contribution deadline for deductibility) | Form 1120 | Six months after original filling deadline | Plan Sponsor | IRS |
| 9/15 | Extended Deadline for Filling of Partnership Tax Return (and final contribution deadline for deductibility for Partnerships) | Form 1065 with Schedule K-1 | Five months after original filling deadline (note change in due date from Oct 15) | Sole Proprietor, Partnership, LLC or LLP (assuming election to be taxed as unincorporated entity) | IRS/Partner/Member |
| 9/30 | Summary Annual Report | Last day of 9th month beginning after endof plan year (or as extended) | Plan Administrator | Participants, Beneficiaries | |
| 10/15 | Amendment to Correct 410(b) Failure | 9-1/2 months after end of plan year | Plan Sponsor | Plan Files | |
| 10/15 | Extended Deadline for Filling Plan's Annual Report | Form 5500 | 2-1/2 months after original filing deadline | Plan Sponsor | IRS |
| 10/15 | Extended Deadline for Filling of Individual Tax Return (and final contribution deadline for deductibility for Sole Proprietors) | Form1040 | Six months after original due date | Sole Proprietor, Partnership, LLC or LLP (assuming election to be taxed as unincorporated entity) | IRS/Partner/Member |
| 11/1 | 2010 SIMPLE Plan Notice | 60 days prior to the start of the plan year | Plan Administrator or Plan Sponsor | Participants | |
| 12/2 | 2010 Safe Harbor Notice (and Contingent Notice for 3% safe harbor contribution, if applicable) | 30-90 days prior to start of plan year using Safe Harbor design | Plan Administrator or Plan Sponsor | Participants | |
| 12/2 | 2009 Supplemental Notice for Safe Harbor Plan that issued Contingent Notice at beginning of year as to whether 3% safe harbor will be made for the current year | At least 30 days before end of plan year | Plan Administrator | Participants | |
| 12/2 | Qualified Default Investment Alternative Notice for 2010 | At least 30 days before beginning of plan year | Plan Administator or Plan Sponsor | Participants | |
| 12/2 | Auto Enrollment Safe Harbor Notice for 2010 | At least 30 days before beginning of plan year | Plan Administator or Plan Sponsor | Participants | |
| 12/15 | Extended Deadline for Summary Annual Report | Two months after the extended deadline for filling form 5500 | Plan Administrator | Participants, Beneficiaries | |
| 12/31 | Prospective Amendment to Remove Safe Harbor Status (for 2011 PY) | No later than December 31 of current year | Plan Administator or Plan Sponsor | Plan Files | |
| 12/31 | Self-Correction of Significant Qualification Failures under Rev.Proc.2008-50 (2008 Plan Year) | Last day of 2nd plan year following plan year of failure(last day of 3rd plan year after ADP/ACP failure) | Plan Administator or Plan Sponsor | Plan Files | |
| 12/31 | Corrective Distribution for Failed ADP/ACP with 10% Excise Tax or QNEC Distribution | Last day of plan year following the year of failure | Plan Administator or Plan Sponsor | Participants or Trustee | |
| Other Possible Nonrecurring Deadlines | |||||
| Notice of Merger, Consolidation or Transfer | Form 5310-A | 30 days prior to merger, etc., of plan assets and liabilities | Plan Sponsor | IRS | |
| Automatic Enrollment Notice for Preemption | Reasonable period prior to first contribution is made | Plan Administator or Plan Sponsor | Participants | ||
| Auto Enrollment Safe Harbor Notice for 2011 | Reasonable period prior to first contribution is made | Plan Administator or Plan Sponsor | Participants | ||
| Diversification Notice | No later than 30 days before individual is first eligible to divest | Plan Administator or Plan Sponsor | Participants | ||
| Benefit Statements for Participant Directed Plans | Within 45 days of each calendar quarter end | Plan Administator or Plan Sponsor | Participants | ||
| Benefit Statements for Trustee-Directed Plans | At least annually, no later than the day on witch 5500 form is filed by plan ( but no later than the 5500 due date, including extensions) | Plan Administator or Plan Sponsor | Participants | ||
| Revised Filing of Rejected Annual Reports | 45 days after receipt of rejected reports | Plan Sponsor | DOL | ||
| Summary Plan Discription | 120 days after plan is subject to reporting; updates due every five years if plan amended, ten years if not | Plan Administator | Participants, Beneficiaries | ||
| Application for Determination Upon Termination | Form 5310 | Before assets are distributed | Plan Administrator or Employer | IRS | |
| Notice to Intersted Parties | 10-24 days before Form 5300, 5307 or 6406 is sent to IRS | Plan Sponsor | Interested Parties | ||
| Black Out Notice | 30-60 days prior to last day in which participant may effect change | Plan Administrator | Participants, Employer (if publicly traded company stock is involved) | ||
| SIMPLE 401(k) Termination or Conversion | No later than last day of second year employer exceeds 100 employees | Plan Sponsor | Plan Files, Notice to Participants | ||
| Plan Documents | Certain docume-nts must be pro-vided upon wri-tten request: Fo-rm 5500, SPD, plan document, trust agreement |
No later than 30 days after a written request | Plan Sponsor | Participants or Participants' representatives | |
| EGTRRA Restatement for Pre-Approved Documents | April 30, 2010 | Plan Sponsor | Plan Files | ||
| Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART) Amendment | End of the 2010 Plan Year | Plan Sponsor | Plan Files | ||
| Emergency Economic Stabilization Act of 2008 (EESA) Amendment (Midwest Storms relief) | End of 2010 Plan Year | Plan Sponsor | Plan Files | ||
| Mapping Investment Notice | 30-60 days prior to last day in which participant may effect change | Plan Sponsor | Participants | ||
| Fee Disclosure (408(b)(2)) to Plan Sponsors | 90 days after publication of the final regulation in the Federal Register (but awaiting final regulations) | Service Providers / Advisors | Plan Fiduciaries | ||
| Fee Disclosure (404(a)) to Plan Participants | January 1, 2009, (but awaiting final regulations) | Service Providers / Advisors | Participants | ||
| Qualified Default Investment Alternative Notice | At least 30 days prior to the first such investment | Plan Sponsor | Participants | ||
