How Can a 403(b) Sponsor Get an Extension of its Form 5500 Filing Deadline?

Q: I am new to Form 5500 filings and need additional time to prepare our ERISA 403(b) plan’s 2025 filing. For context, it is a calendar year plan. How do I go about filing for an extension?

Kimberly Boberg, Kelly Geloneck, Emily Gerard and David Levine, with Groom Law Group, and Michael A. Webb, senior financial adviser at CAPTRUST, answer:

A: Excellent, and timely question! Under 29 CFR § 2520.104a-5(a)(2), the filing must be submitted seven months after the close of the plan year. So, the filing deadline for calendar year plans is generally July 31 of the following year. If you need additional time to file, you can file for an extension by using IRS Form 5558. On this form, you can request an extended due date, which cannot be later than the 15th day of the 3rd month after the normal due date (October 15 for calendar year plans). The IRS will automatically approve the extension request if Form 5558 is: (1) filed by the original deadline (here, July 31, 2026) and (2) does not request an extension later than the 15th day of the 3rd month after the normal due date (here, October 15, 2026). It is important to note that the deadlines are different for non-calendar year plans. It may also be helpful to note that, while Form 5558 historically could only be filed on paper with the IRS, beginning January 1, 2025, it can be filed electronically through the EFAST2 website.

There is also an alternate procedure if your organization has been granted an extension of time to file its federal income tax return. Under this procedure, an organization may be granted an automatic extension of time to file the Form 5500 if the following conditions are met: (1) the plan year and the employer’s tax year are the same; (2) the employer has been granted an extension of time to file its federal income tax return to a date later than the normal due date for filing the Form 5500; and (3) a copy of the application for extension of time to file the federal income tax return is maintained with the filer’s records. The automatic extension is slightly different for tax-exempt organizations, as they do not file tax returns.  However, if the organization uses a Form 8868 to request an extension for its Form 990 series return, the filer is automatically granted an extension of time to file the Form 5500 until the extended due date of filing Form 990 series, if all conditions listed above are met. An extension granted by using this automatic extension procedure cannot be extended further by filing a Form 5558, nor can it be extended beyond a total of 9½ months beyond the close of the plan year.

NOTE: This feature is to provide general information only, does not constitute legal advice and cannot be used or substituted for legal or tax advice.

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