> ## Documentation Index
> Fetch the complete documentation index at: https://docs.talcottforge.com/llms.txt
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# Form 5500
> Annual Form 5500 filing requirements for ROBS 401(k) plans.
**Form 5500** is an annual return/report required by the Department of Labor (DOL) and the IRS for employee benefit plans, including 401(k) plans. If the ROBS plan holds any assets - which it will, since the 401(k) owns C-Corp stock - the plan must file.
ROBS plans should not be treated like Solo 401(k) plans for the under-\$250,000 Form 5500-EZ exception. A ROBS plan holds private C-Corp stock, so annual Form 5500 filing should be expected even when the plan has only the founder as a participant.
## Which Form?
| Plan Size | Form | Notes |
| --------------------------- | ----------------------------- | -------------------------- |
| Fewer than 100 participants | **Form 5500-SF** (Short Form) | Most ROBS plans use this |
| 100+ participants | **Form 5500** (Long Form) | Requires independent audit |
Most ROBS plans file the **5500-SF** since they typically have a small number of participants (often just the founder).
## Filing Deadline
* **7 months** after the plan year-end
* For calendar-year plans (most common): **July 31**
* Automatic **2.5-month extension** available by filing Form 5558 (extends to **October 15**)
## What's Required
The filing includes:
| Item | Description |
| ------------------------- | ----------------------------------------------------------- |
| **Plan information** | Plan name, EIN, plan number, plan year |
| **Financial data** | Beginning and end-of-year asset values |
| **Participant count** | Active participants at beginning and end of year |
| **Plan asset breakdown** | Categories of investments (employer securities, cash, etc.) |
| **Service provider info** | Fees paid to plan service providers |
| **Plan characteristics** | Type of plan, features, compliance indicators |
## Plan Trust EIN
The ROBS 401(k) plan trust has its own Employer Identification Number, separate from the C-Corporation's EIN. The plan trust is a distinct legal entity that holds plan assets on behalf of participants, and the IRS requires it to have its own tax ID for reporting purposes.
Nexus obtains the plan trust EIN as part of plan setup. Both EINs (C-Corp and plan trust) appear on your annual Form 5500.
## Plan Valuation
The ROBS plan holds C-Corporation stock, which must be valued annually. For ROBS plans:
* **Year 1:** Stock value is supported by the initial transaction valuation and capitalization records
* **Year 2+:** A fair market valuation is needed. Methods include asset-based approaches, income approaches, or for more established businesses, a **409A valuation** by an independent appraiser
## Penalties for Late or Missed Filing
| Situation | Penalty |
| ----------------- | ----------------------------------------------------------- |
| Late filing (DOL) | **\$250/day**, up to **\$150,000** per plan year |
| Late filing (IRS) | **\$250/day**, up to **\$150,000** |
| Failure to file | Both DOL and IRS penalties, potential plan disqualification |
The DOL Delinquent Filer Voluntary Compliance Program (DFVCP) allows reduced penalties for late filings if you self-correct before enforcement action. If you've missed a filing, act promptly.
## How Talcott Forge Helps
* **Deadline tracking** - the dashboard shows upcoming filing deadlines
* **Data collection** - we help gather the financial data needed for the filing
* **Filing support** - preparation and submission assistance included in quarterly admin fees
## Electronic Filing
Form 5500 must be filed electronically through the DOL's **EFAST2** system. Paper filings are not accepted.
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