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| Filing requirements and instructions for retirement plan administrators. |
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| The plan administrators of certain qualified retirement plans, such as the Fidelity Retirement Plan (Profit Sharing and Money Purchase Plans or Self-Employed 401(k)s) or the Fidelity Defined Benefit Plan, generally must file an Annual 5500 Report with the Employee Benefits Security Administration (EBSA). To view the interactive guide to completing your 2008 Form 5500, please visit Fidelity.com/taxstatementguides. |
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| Most employers must file a 5500 Report for each qualified plan they maintain. If employers maintain both a Profit Sharing Plan and a Money Purchase Plan and are required to file an Annual 5500 Report, they must file a separate form for each plan. |
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| The IRS does not automatically mail Instructions and Forms 5500 or 5500-EZ to filers of record. Instead, they send a postcard reminder. You will need to order your forms and instructions from the IRS by calling 800-TAX-FORM (1-800-829-3676) or on the web at www.irs.gov. |
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| IRS Form |
Who should use |
| 5500 |
| 5500-EZ |
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| Most single-participant plans with more than $250,000 in aggregate plan assets file IRS Form 5500-EZ. |
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| To determine whether the employer has $250,000 or less in aggregate plan assets, employers must aggregate all the assets of all their single-participant plans (including those at other institutions) at the end of the plan year. A single-participant plan is one that, as of the first day of the plan year for which the form is filed, covers only one of the following persons: |
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The owner or the owner and his or her spouse in a business (including a corporation) that is wholly owned by the same individuals |
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Partners in a business partnership or the partners and their spouses |
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| Generally, partners in a business partnership can file IRS Form 5500-EZ if the plan meets certain requirements. Refer to the IRS Instructions for Form 5500-EZ for more information. |
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| The IRS may impose serious penalties for noncompliance with filing regulations. Please consult your tax advisor for more information or refer to the IRS Instructions for Form 5500 or 5500-EZ, as applicable. |
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| By the end of April, Fidelity will automatically send a 2008 Form 5500 reporting package to all Fidelity Retirement Plan (Profit Sharing and Money Purchase Plans, Self-Employed 401(k)) plan administrators and Defined Benefit Plan trustees containing: |
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Annual Valuation Statement — A summary of financial information for your Fidelity Profit Sharing, Money Purchase, and Self-Employed 401(k) Plan or Defined Benefit Plan for 2008 |
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Fidelity Retirement Plan Information insert — Read Form 5500 Frequently Asked Questions. Included in the insert are: |
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Annual tax withholding notification |
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Addendum to Fidelity Retirement Plan and Trust Agreement |
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| The Annual Valuation Statement, along with your records, contains the financial information that you (or your employer) need in order to complete Form 5500 or Form 5500-EZ. If we have your Employer (Tax) Identification Number on record, all of your plan's assets will be reported on one convenient statement (including any participant assets that you may have in your plan). If you are an employee-participant and you receive a Form 5500 reporting package, please be sure to give your Annual Valuation Statement to your employer or plan administrator. |
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| The Form 5500 return must generally be filed by the last day of the seventh month following the end of the plan year, unless an extension has been granted. For calendar year plans, the deadline is normally July 31, 2009. Form 5500 and Form 5500-EZ must be filed with the Employee Benefits Security Administration (EBSA), not the IRS.
Plan administrators can request an extension by filing IRS Form 5558 with the IRS by the date their Annual 5500 Report is due. For a plan eligible to file Form 5500-EZ, refer to the IRS Instructions for Form 5500-EZ for details on extending the time to file. |
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| Failure to timely file Form 5500 or Form 5500-EZ (if required to file) may result in the assessment or imposition of serious penalties. Refer to the IRS Instructions for Form 5500 or Form 5500-EZ for details or contact your tax advisor. |
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| After an employer terminates a plan, the plan administrator must file a final Form 5500 or 5500-EZ, as applicable, by the last day of the seventh month following the date of plan termination, even if you were never required to file before. |
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| An Employer Identification Number (EIN) is also known as a federal tax identification number, and is used to identify a business entity. EINs are required if you 1) have employees, 2) have a Fidelity Retirement Plan (Profit Sharing and Money Purchase Plans or a Self-Employed 401(k) Plan) or a Defined Benefit Plan, 3) operate as a corporation or partnership, or 4) file employment, excise, or ATF tax returns. You must have an EIN in order to file a Form 5500 or Form 5500-EZ. |
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| You can apply for an EIN (also called a Tax Identification Number or TIN), online, by telephone, by fax, or by mail, depending on how soon you need to use the EIN. You should mail IRS Form SS-4 at least 4 to 5 weeks before you need the EIN. |
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| You can receive your EIN over the telephone and use it immediately to file a return or make a payment. To receive an EIN by phone, call the IRS at 1-800-829-4933 (7:00 a.m. - 10:00 p.m.). The person making the call must be authorized to sign the Application for Employer Identification Number (Form SS-4) or be an authorized designee. If you are applying by telephone, it will be helpful to complete Form SS-4 before contacting the IRS. See the IRS Instructions for Form SS-4 for further information. |
| You can download Form SS-4 and the Instructions for Form SS-4 directly from the Forms and Publications area of the IRS web site. Alternatively, you can call the IRS at 800-TAX-FORM (800-829-3676) to order forms, instructions, and publications. |
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