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IRS Form 5500-EZ (5500EZ). How to file late

I had an S-Corp that I closed down in 2013. I didn’t realize I needed to file a form 5500-EZ because although the assets in the Self Managed Individual 401K were less than $250,000, you need to file the form if it’s the last year of the plan.

I just now got around to moving the funds to a rollover IRA. As far as I was concerned, I was 100% kosher. Usually, you can leave funds in a 401K. I’m somewhat nervous because there is a warning in the instructions for the form that says:

The Internal Revenue Code imposes a penalty of $25 a
day (up to $15,000) for not filing returns in connection with
pension, profit-sharing, etc., plans by the required due
date.

See form: http://www.dol.gov/ebsa/pdf/2013-5500inst.pdf

I could do any of the following:

  1. Back date the form.
  2. Put the correct dates on form and hope there are no penalites because (as far as I know) I have not failed to pay any taxes or done anything illegal or even “shady”.
  3. Simply not turn in the form. After all, it only came to my attention recently that I needed to fill in the form.

Thoughts?

Thanks, Dave

P.S. If there’s a better group to post to, please let me know.

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