Instructions For Form 5330 - Internal Revenue Service Page 2
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12participating in a prohibited transaction
Caution: Form 5558 does not extend
When To File
(other than a fiduciary acting only as
the time to pay your taxes. See the
File one Form 5330 to report excise
such), or an individual (or his or her
instructions for Form 5558.
taxes with the same filing due date.
beneficiary) who engages in a
One Form 5330 may be filed to report
prohibited transaction with respect to
Where To File
one or more of these taxes. However, if
his or her individual retirement account
the taxes are from separate plans, file
for each tax year or part of a tax year in
File Form 5330 with
separate forms for each plan.
the taxable period applicable to such
the: Internal Revenue Service
prohibited transaction.
Center, Ogden, UT 84201.
Generally, the filing of a Form 5330
7. Any employer who is liable for the
starts the statute of limitations running
tax under section 4976 for maintaining
Private delivery services. You can
only with respect to the particular
a funded welfare benefit plan that
use certain private delivery services
excise tax(es) reported on that Form
provides a disqualified benefit during
designated by the IRS to meet the
5330. However, statutes of limitations
any tax year.
“timely mailing as timely filing/paying”
with respect to the prohibited
8. Any employer who pays excess
rule for tax returns and payments.
transaction excise tax(es) are based on
fringe benefits and has elected to be
These private delivery services include
the filing of the applicable Form 5500.
taxed under section 4977 on such
only the following:
Use Table 1 to determine the due date
payments.
•
DHL Express (DHL): DHL Same Day
of Form 5330.
9. Any employer or worker-owned
Service, DHL Next Day 10:30 a.m.,
cooperative (as defined in section
Extension. File Form 5558,
DHL Next Day 12:00 p.m., DHL Next
1042(c)(2)) that maintains an ESOP
Application for Extension of Time to File
Day 3:00 p.m., DHL 2nd Day Service.
that disposes of the qualified securities
•
Certain Employee Plan Returns, to
Federal Express (FedEx): FedEx
(as defined in section 1042(c)(1)) or
request an extension of time to file. If
Priority Overnight, FedEx Standard
section 133 securities within the
approved, you may be granted an
Overnight, FedEx 2Day, FedEx
specified 3-year period, under section
extension of up to 6 months after the
International Priority, and FedEx
4978.
normal due date of Form 5330.
International First.
10. Any employer who is liable for the
tax under section 4979 on excess
Table 1. Excise Tax Due Dates
contributions to plans with a cash or
deferred arrangement, etc.
11. Any employer or worker-owned
If the taxes due are
Then, except for section 4965, file Form 5330 by the last day
cooperative that made the written
under section . . .
of the . . . and for section 4965 by the . . .
statement described in section
4965
15th day of the 5th month following the close of the entity
664(g)(1)(E) or 1042(b)(3)(B) and made
manager’s tax year in which the tax-exempt entity becomes a
an allocation prohibited under section
party to the transaction.
409(n) of qualified securities of an
ESOP taxable under section 4979A or
4972
7th month after the end of the tax year of the employer or other
any employer or worker-owned
person who must file this return.
cooperative who made an allocation of
4973(a)(3)
7th month after the end of the tax year of the employer or other
S corporation stock of an ESOP
person who must file this return.
prohibited under section 409(p) taxable
under section 4979A.
4975
7th month after the end of the tax year of the employer or other
person who must file this return.
12. Any employer who receives an
employer reversion from a deferred
4976
7th month after the end of the tax year of the employer or other
compensation plan that is taxable under
person who must file this return.
section 4980.
13. Any employer or multiemployer
4978
7th month after the end of the tax year of the employer or other
person who must file this return.
plan liable for the tax under section
4980F for failure to give notice of a
4978A
7th month after the end of the tax year of the employer or other
significant reduction in the rate of future
person who must file this return.
benefit accrual.
4979A
7th month after the end of the tax year of the employer or other
person who must file this return.
A Form 5330 and tax payment is
required for:
4971
7th month after the end of the employer’s tax year or 8
1
/
months
2
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Each year you fail to meet the
after the last day of the plan year that ends with or within the filer’s
minimum funding standards under
tax year.
section 412 or contribute an excess
4971(f)
7th month after the end of the employer’s tax year or 8
1
/
months
amount to your section 403(b)(7)(A)
2
after the last day of the plan year that ends with or within the filer’s
custodial account.
•
tax year.
Each year any of the items in 1, 3, 4,
or 6 through 11, or 13 under Who Must
4977
7th month after the end of the calendar year in which the excess
File, beginning on page 1, apply.
fringe benefits were paid to your employees.
•
A reversion of plan assets from a
4979
15th month after the close of the plan year to which the excess
qualified plan taxable under section
contributions or excess aggregate contributions relate.
4980.
•
Each year (or part of a year) in the
4980
month following the month in which the reversion occurred.
taxable period applicable to a prohibited
4980F
month following the month in which the failure occurred.
transaction, under section 4975. See
the instructions for Part IV, line 25b,
If the filing due date falls on a Saturday, Sunday, or legal holiday, the return may be filed on the next
columns (d) and (e), for a definition of
business day.
taxable period.
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