Key Takeaways

  • IRS Form 5558 allows employers and plan administrators to request more time to file certain employee benefit plan returns, including Forms 5500, 5500-EZ, and 5330.
  • Filing Form 5558 helps avoid penalties for late submissions but does not extend the time to pay taxes owed.
  • Employers can receive a 2½-month extension for Forms 5500 and 5500-EZ, and up to six months for Form 5330.
  • Common mistakes—like missing signatures or filing after the due date—can lead to denial of the extension.
  • The form must be mailed to the IRS Ogden, Utah address and cannot be filed electronically.
  • Employers should retain proof of timely filing, such as a certified mail receipt or tracking confirmation.

Form 5558: Everything You Need to Know

Form 5558 is an application used by employers to request more time to file certain employee plan returns.

Employers use Form 5558 when they need more time to file other forms; employers can file Form 5558 for one extension. Form 5558 applies to three tax forms including:

  • Form 5500: The Annual Return/Report of Employee Benefit Plan
  • Form 5500-EZ; Annual Return of One-Participant Retirement Plan
  • Form 5330: Return of Excise Taxes Related to Employee Benefit Plans

By using Form 5558, employers will get an extra 2.5 months to file their Form 8955-SSA report and Form 5500 annual report. This extension doesn't allow employers more time to pay any taxes that are due. Any taxes owed must be paid with the application for an extension to complete Form 5530. If the extension is given, interest still accrues on taxes left unpaid by their due date.

Purpose and Use of Form 5558

IRS Form 5558, Application for Extension of Time to File Certain Employee Plan Returns, is designed for employers and plan administrators who need additional time to complete specific benefit plan filings. The form helps prevent costly late filing penalties associated with missing the standard due dates for Forms 5500, 5500-EZ, and 5330.

Generally, employee plan returns are due by the last day of the seventh month after the plan year ends. Filing Form 5558 provides an automatic 2½-month extension for annual return filings and, when approved, up to six months for excise tax returns related to employee benefit plans. However, this form does not grant additional time for making payments—taxes owed must still be paid by the original due date to avoid interest charges.

Specific Instructions for Filing Form 5558

Employers should place their name and address in the form's heading if the filer is a single employer asking for an extension on the following forms:

  • Form 5500
  • Form 5500-EZ
  • Form 5330

If the filer is completing the form for anyone other than a single employer, enter the name of the plan sponsor or administrator. The name of the plan sponsor on this form should be the same name listed on the yearly report/return filed. Next, the following should be placed:

  • Address, physical or P.O. Box
  • Room, suite, or unit number
  • The EIN

An EIN is given to employers for tax purposes. All applications for Forms 5500 or 5500-EZ must have the EIN.

A Social Security number needs to be entered if extra contributions were made to a custodial account, or the filer is an ineligible person who is not the employer.

All plans included on Form 5558 must have these complete on the table:

  • Plan name
  • Plan number
  • Plan year end date

The IRS chooses specific delivery services that employers can use to file Form 5558 that meet the agency's "timely mailing treated as timely filing and paying" rule for tax payments and tax returns. If an employer uses one of these chosen delivery services, the date on the postmark is usually the date the IRS will count as the file date.

How to Complete and Submit Form 5558

When completing Form 5558, ensure that all identifying details are accurate and consistent with prior filings. Include:

  • Employer’s legal name, address, and EIN (Employer Identification Number).
  • For multiple plans, list the plan name, plan number, and plan year-end date.
  • Identify the form type (5500, 5500-EZ, or 5330) requiring an extension.

Form 5558 must be signed by an authorized individual, such as the plan sponsor, plan administrator, or a representative with power of attorney. Unsigned forms are automatically rejected.

File the completed form by mail to: Department of the Treasury, Internal Revenue Service Center, Ogden, UT 84201-0027.

To ensure proof of timely filing, use certified mail or an IRS-approved delivery service and retain the dated receipt. Employers are encouraged to file early, as extensions are only valid if submitted before the original due date of the return.

Extension of Time to File Form 5500 or Form 5500-EZ

Most of the time, employers should use one Form 5558 for every return that needs a time extension. Single employers who have plan years ending on the same date should file only a single Form 5558 to get an extension to file several Forms 5500 or 5500-EZ.

Attach a copy of finished extension requests to the Forms 5500 or 5500-EZ. To get an extension on these forms, Form 5558 has to be filed before a return's expected due date. The expected due date for Forms 5500 and 5500-EZ is the date these forms should be submitted without an extension.

As long as Form 5558 is filed before Forms 5500 or 5500-EZ are due, the extension will be granted.

Employers should maintain a copy of the finished and filed Form 5558. There's no need to send it in when Forms 5500 or 5500-EZ are filed.

Common Filing Errors and How to Avoid Them

While Form 5558 offers a valuable extension opportunity, it’s often rejected due to avoidable errors. Common mistakes include:

  • Filing after the original return’s due date.
  • Leaving the EIN or plan year section blank.
  • Using the wrong address or submitting electronically (the IRS only accepts paper filings).
  • Failing to attach a copy of the Form 5558 to the extended Form 5500 or 5500-EZ submission.

To avoid issues, double-check all entries, confirm mailing dates, and maintain copies for your records. If an extension request is denied, the IRS will notify the filer, and late penalties may apply from the original due date.

Exceptions in Extension of Time to File Form 5500 or Form 5500-EZ

Anyone filing for Forms 5500 or 5500-EZ will automatically get filing extensions for the same due date as the employer's federal income tax return if the employer's tax year and plan year are identical.

Employer's who get extensions of their filing date for their federal tax return that are later than the typical due date for Forms 5500 and 5500-EZ must include a copy of the document from the IRS indicating that a return extension was given. Extensions given in this situation may not be extended again by filing Form 5558 after the typical due date for Forms 5500 and 5500-EZ.

When an Automatic Extension May Apply

In certain cases, employers may not need to submit Form 5558. If the plan year and the employer’s federal income tax year are identical, and the employer has already received an extension for filing its income tax return, that same extension generally applies to the Form 5500 or 5500-EZ filing.

To use this automatic extension, attach a copy of the income tax filing extension (Form 7004 or Form 4868) to your Form 5500 or 5500-EZ submission. However, if the tax return extension ends before the plan’s due date, a separate Form 5558 is still required.

Extension of Time to File Form 5330

Form 5558 should be filed with the IRS with adequate time before a tax return's due date to ask for an extension on filing a Form 5330. If an extension for filing Form 5330 is given, employers can get up to six months after Form 5330's typical due date.

Employers can ask for a specific date on line two of Form 5558. Employers enter the Code section(s) for the specific excise taxes they need an extension for on line 2A. Employers enter the approximate amount of taxes that will be due with Form 5330 in line 2B.

Payment must be included with Form 5558. No cash is accepted, and money orders or checks should be made out to the "United States Treasury." Money orders should include:

  • Name
  • Filer's SSN or EIN
  • Plan number
  • Form 5330 section number
  • Tax year of payment

All Form 5558s that are filed for extensions on Form 5330 must be signed. The following people can sign Form 5558:

  • Employer
  • Plan sponsor
  • Plan administrator
  • Ineligible person for Form 5330
  • An attorney
  • Accountant allowed to practice in the IRS
  • Person with power of attorney

There won't be a copy of Form 5558 returned to employers asking for extensions for Form 5330. They will get an email from the IRS stating whether or not the extension was given.

If an employer can show that they cannot file Form 5330 because of extenuating circumstances, the IRS generally gives an extension that doesn't exceed six months.

Penalties, Processing Times, and Best Practices

The IRS typically takes 6 to 8 weeks to process Form 5558 requests. If approved, the employer receives a notification confirming the new due date. If denied, penalties accrue from the original filing deadline.

Failing to file or late filing of Form 5330 can result in penalties up to $25 per day, with a maximum of $15,000 per return. Extensions only apply to filing, not payment, so any unpaid taxes continue to accrue interest.

Best practices include:

  • Submitting the extension request well before the deadline.
  • Including accurate excise tax code references on line 2A.
  • Paying estimated taxes due when submitting Form 5558.
  • Keeping a complete record of correspondence with the IRS for future audits or compliance checks.

Frequently Asked Questions

  1. What is Form 5558 used for?
    Form 5558 is used by employers and plan administrators to request an extension of time to file Forms 5500, 5500-EZ, or 5330 for employee benefit plans.
  2. How long is the Form 5558 extension?
    It provides up to 2½ months for Form 5500/5500-EZ and up to 6 months for Form 5330.
  3. Does Form 5558 extend the time to pay taxes owed?
    No. The form only extends the filing deadline. All taxes owed must still be paid by the original due date to avoid penalties and interest.
  4. Can Form 5558 be filed electronically?
    No. The IRS only accepts paper submissions for Form 5558 at the Ogden, Utah address.
  5. What happens if my Form 5558 is rejected?
    If the IRS denies the extension, your return is considered late. You’ll need to file immediately and may be liable for penalties unless reasonable cause is demonstrated.

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