When is a 401(k) deposit legally late? The rule sponsors misread
The deposit deadline is not 15 business days and the 7-day safe harbor is not for you if you file Schedule H. What 29 CFR 2510.3-102 actually says.
Read the guideLate deposit guides
The late-deposit questions a plan sponsor actually types, answered from primary sources: the regulation, the Form 5500 and Form 5330 instructions, and the Voluntary Fiduciary Correction Program itself.
Who actually carries the billions in late 401(k) deposits
15,570 large plans reported late deposits in 2024 alone. Measured per sponsor and per plan, the top 1% carry about 40% of the dollars. Both bases, stated.
Read the guideThree years of “Yes” on line 4a, and what it actually costs
6,769 ERISA plans reported late participant contributions three years running. The median is $220,442, and the 15% excise tax is not on the deposit.
Read the guideLate 401(k) deposits do not age out of Form 5500 filings
1,638 large plans reported the identical late-deposit amount, to the cent, in 2023 and 2024. The reporting rule explains why, and what it says about correction.
Read the guideHow to correct a late 401(k) deposit, end to end
Establish the failure dates, deposit principal and lost earnings, choose the DOL path, handle Form 5330, and report until the item actually closes.
Read the guideVFCP application or self-correction, and what each path buys
Since March 17, 2025 a late deposit has three correction paths. What the no-action letter covers, what the SCC requires, and how the excise tax differs.
Read the guideWhen is Form 5330 due for a late 401(k) deposit?
Last day of the 7th month after the employer’s tax year ends, and a new filing every year the failure stays open. The extension form changed in December 2025.
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