IRS Proposes Rule Requiring Electronic Filing of Employee Retirement Benefit Plan Returns

The Treasury Department and IRS recently published in the Federal Register a proposed regulation to require plan administrators (or, in certain situations, an employer maintaining a plan) that file at least 250 returns during the calendar year that includes the first day of the plan year to file electronically certain statements, returns, and reports under Internal Revenue Code sections 6057, 6058, and 6059.

Treasury and IRS note that filers of the Form 5500 and Form 5500–SF are already required to file the returns electronically and many filers of the Form 8955–SSA already voluntarily file electronically with the IRS, and that the proposal would allow for more timely and accurate filings.

The determination of whether a filer is required to file at least 250 returns is made by aggregating all returns -- regardless of type -- that the filer is required to file, including income tax returns, returns required under section 6033, information returns, excise tax returns, and employment tax returns.

The proposed regulations are available here.