FAQ 109: EFAST2 - timely filing in EFAST2

Problem: What time a Form 5500 or 5500-SF is due in EFAST2 and what timezone does the forms reflect?

Solution: From the DOL: We have received a number of inquiries regarding exactly what time a Form 5500 or 5500-SF is due in EFAST2 and what timezone that reflects. Our response to that question was: An electronically filed Form 5500 or Form 5500-SF is untimely if it is received by EFAST2 after midnight of the evening of the due date in the time zone from which the fling is being transmitted. For example, if a filing is due on March 31st 2009 and the person transmitting the filing to EFAST2 is in New York, that filing must be received by midnight Eastern Standard Time the evening of March 31st. However, a number of filing practioners have indicated this is overly complex and not easily supported for filers using IFILE. As a result of the concerns voiced, the three Government agencies have re-considered this issue. Below is the revised response which we anticipate publishing as a new FAQ on the EFAST2 website (http://www.dol.gov/ebsa/faqs/faq-EFAST2.html) in the near future. Timely returns/reports must be received by EFAST2 by midnight in the plan administrator's time zone. The plan administrator's time zone is determined by the plan administrator's address specified on Line 3a of the Form 5500 or Form 5500-SF. In an instance where the transmitter attempts to submit a return/report on time and it is not successfully received by EFAST2 prior to the deadline, the transmitter should print the unsuccessful submission notice. The unsuccessful submission notice should be included with the re-submitted return/report and tagged as an "other attachment." Based upon the facts and circumstances surrounding the original unprocessable submission and the subsequent re-submission penalties, may still be assessed from the original due date if the subsequent re-submission is received by EFAST2 after the deadline.