5500 Relief

ERISA § 502(c)(2) · IRC § 6652(e) · DOL DFVCP

Form 5500 Late Filing Penalty & DFVCP Relief Calculator

A late Form 5500 does not get a warning letter. The Department of Labor can assess up to $2,739 per day with no ceiling, and the IRS adds its own $250 per day per return. The Delinquent Filer Voluntary Compliance Program (DFVCP) replaces that open-ended number with a flat fee — usually $750 to $2,000 per filing. Put your plan year in below and see both sides of the trade.

Rules verified against DOL sources — updated November 2026

Run your plan

Example — 401(k) plan, plan year ended 12/31/2023

The day the DOL receives the filing.
2026 inflation-adjusted maximum: $2,739 per day.

Delinquent plan years

DFVCP fee you would pay

$750

Small plan, one filing, capped at $750 per filing

Uncapped DOL exposure

$2,265,153

827 days late × $2,739 per day, no ceiling

IRS exposure (IRC § 6652(e))

$150,000

$250 per day, capped at $150,000 per return

Exposure removed by DFVCP

$2,264,403

DOL exposure minus the DFVCP fee

Per-filing breakdown — the DFVCP clock starts the day after the original due date, not after an extension.
Plan year end Original due date Days late DFVCP fee DOL exposure IRS exposure
2023-12-31 2024-07-31 827 $750 $2,265,153 $150,000

DFVCP total for the plan: $750 · plan cap $1,500. Figures are estimates for planning, not legal advice — confirm with the DOL DFVCP page before you file.

Statutory exposure vs. the DFVCP fee

Same filing, two very different invoices. The bars below use the example above: one small-plan filing for the plan year ended 12/31/2023, filed 11/05/2026.

Uncapped DOL exposure
$2,265,153
IRS exposure
$150,000
DFVCP fee
$750
Exposure removed
$2,264,403

How the DFVCP math actually works

Four numbers decide almost every DFVCP bill. Get them right and the fee is predictable to the dollar.

$10 / day

Per filing, per day late

The compliance fee accrues at $10 for each day the filing is late, counted from the original due date — the last day of the seventh month after the plan year ends.

$750 / $2,000

Cap per filing

Each filing’s fee stops at $750 for small plans (reached at 75 days late) and $2,000 for large plans (reached at 200 days). No matter how many years the form sat unfiled, one filing never costs more than that.

$1,500 / $4,000

Cap per plan

Across every delinquent year filed together, a small plan stops at $1,500 and a large plan stops at $4,000. A 501(c)(3) small plan is capped at $750 for the whole plan.

$750 flat

501(c)(3) small plans

A small plan sponsored by a tax-exempt 501(c)(3) organization pays a flat $750 for the whole plan, no matter how many years are being caught up.

$750 flat

Top-hat and apprenticeship plans

Unfunded top-hat plans and apprenticeship/training plans skip the daily math and pay a flat $750 per filing.

No extension

Form 5558 does not help here

An extension moves the Form 5500 due date, but the DFVCP fee is still measured from the original due date. Filing late under an extension still costs the daily fee.

Form 5500 late filing and DFVCP questions

When is a Form 5500 actually due?

The Form 5500 is due the last day of the seventh calendar month after the plan year ends. A calendar-year plan (plan year ending 12/31) is due July 31 of the following year. A Form 5558 extension adds two and a half months, but it does not move the DFVCP fee clock.

Does a Form 5558 extension reduce the DFVCP fee?

No. The DFVCP compliance fee is calculated from the original due date, so an extension only delays the filing — it does not delay the $10-per-day meter. This is the single most common surprise in DFVCP bills.

What are the DFVCP caps for small and large plans?

Small plans (fewer than 100 participants): $10 per day, capped at $750 per filing and $1,500 per plan. Large plans (100+ participants): $10 per day, capped at $2,000 per filing and $4,000 per plan. A 501(c)(3) small plan pays a flat $750 for the whole plan.

Who is NOT eligible for DFVCP relief?

Amended filings, Form 5500-EZ and other one-participant plan filings, most Direct Filing Entities, and any plan that has already received a Notice of Intent to Assess a Penalty from the DOL. If a penalty notice has already landed, DFVCP is off the table and the case is handled through EBSA instead.

How do I actually pay the DFVCP fee and file?

Pay the compliance fee electronically at Pay.gov, then file the delinquent Form 5500 electronically through EFAST2 at dol.gov/dfvcepay. Keep the Pay.gov confirmation — it is your proof of participation in the program. Program details live on the DOL DFVCP page.

What happens if I never file and never use DFVCP?

The DOL can assess up to $2,739 per day per violation under ERISA § 502(c)(2) with no statutory ceiling, and the IRS can add $250 per day per return under IRC § 6652(e), capped at $150,000 per return. In practice the DOL sends a Notice of Intent to Assess a Penalty first — that letter is the last exit before DFVCP closes.

Is this calculator legal or tax advice?

No. It is a planning tool built from the published DOL DFVCP fee schedule and the inflation-adjusted ERISA and IRC penalty rates. Confirm your plan's participant count, plan type, and filing history with your TPA or ERISA counsel before you file.