IRS Updates Procedure on E-Filing Exceptions for Forms 8955-SSA and 5500-EZ

Published September 13, 2023

The Internal Revenue Service (IRS) has issued Revenue Procedure 2023-31 addresses hardship waiver procedures with respect to both Forms 8955-SSA (Annual Registration Statement Identifying Separated Participants With Deferred Vested Benefits) and 5500- EZ (Annual Return of a One Participant (Owners/Partners and Their Spouses) Retirement Plan or a Foreign Plan), and administrative exemption procedures with respect to Form 8955-SSA.

Under the Taxpayers First Act (TFA) electronic filing regulations, the IRS Commissioner may grant hardship waivers of the electronic filing requirement with respect to both Forms 8955- SSA and 5500-EZ. However, the Commissioner may provide an exemption from the electronic filing requirement for the purpose of promoting effective and efficient tax administration only with respect to Form 8955-SSA. Thus, this revenue procedure addresses hardship waiver procedures with respect to both Forms 8955-SSA and 5500- EZ, and administrative exemption procedures with respect to Form 8955-SSA.

  • For filings submitted with respect to plan years beginning on or after January 1, 2024, the procedures for seeking an undue hardship waiver of, or administrative exemption from, the electronic filing requirements for Form 8955-SSA generally will be available in the instructions to Form 8955-SSA, or in applicable IRS publications, forms, or other guidance, including postings to the IRS.gov website.
  • For filings submitted with respect to plan years beginning on or after January 1, 2024, the procedures for seeking an undue economic hardship waiver of the electronic filing requirements for Form 5500-EZ generally will be available in the instructions to Form 5500-EZ, or in applicable IRS publications, forms, or other guidance, including postings to the IRS.gov website.