Instructions For Form 5330 - Return Of Exange Taxes Related To Employee Benefit Plans Page 2
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9Table 1. Excise Tax Due Dates
Caution: Form 5558 does not extend
of a month the tax is not paid, up to a
the time to pay your taxes. See the
maximum of 25% of the unpaid tax.
If the taxes
instructions for Form 5558.
The penalty will not be imposed if you
due are
can show that the failure to pay on time
Where To File
under
Then file Form 5330 by the
was due to reasonable cause.
section . . .
last day of the . . .
Interest and penalties for late filing
File Form 5330 with
4972
7th month after the end of the
and late payment will be billed
the: Internal Revenue Service
tax year of the employer or
separately after the return is filed.
Center, Ogden, UT 84201.
other person who must file
this return.
Claim for Refund or Credit/
Private delivery services. You can
4973(a)(3)
7th month after the end of the
use certain private delivery services
Amended Return
tax year of the employer or
designated by the IRS to meet the
File an amended Form 5330 for any of
other person who must file
“timely mailing as timely filing/paying”
the following:
this return.
•
rule for tax returns and payments. The
To claim a refund of overpaid taxes
most recent list of designated private
4975
7th month after the end of the
reportable on Form 5330;
•
delivery services was published by the
tax year of the employer or
For a credit for overpaid taxes; or
•
other person who must file
IRS in September 2002 and includes
To report additional taxes due within
this return.
only the following:
the same tax year of the filer if those
•
Airborne Express (Airborne):
4976
7th month after the end of the
taxes have the same due date as those
Overnight Air Express Service, Next
tax year of the employer or
previously reported. Check the box in
Afternoon Service, Second Day
other person who must file
item H on page 1 of the return and
Service.
this return.
report the correct amount of taxes in
•
DHL Worldwide Express (DHL): DHL
Parts II through XI, as appropriate, and
4978
7th month after the end of
“Same Day” Service, DHL USA
on lines 1 through 13a of Part I. See
the tax year of the employer
Overnight.
or other person who must file
instructions for lines 13a through 13c.
•
Federal Express (FedEx): FedEx
this return.
If you file an amended return to
Priority Overnight, FedEx Standard
claim a refund or credit, the claim must
4978A
7th month after the end of
Overnight, FedEx 2Day, FedEx
the tax year of the employer
state in detail the reasons for claiming
International Priority, and FedEx
or other person who must file
the refund. In order to promptly
International First.
this return.
•
consider your claim, you must explain
United Parcel Service (UPS): UPS
why you are filing the claim and provide
4979A
7th month after the end of
Next Day Air, UPS Next Day Air Saver,
the appropriate supporting evidence.
the tax year of the employer
UPS 2nd Day Air, UPS 2nd Day Air
or other person who must file
See Regulations section 301.6402-2 for
A.M., UPS Worldwide Express Plus,
this return.
more details.
and UPS Worldwide Express.
4971
7th month after the end of the
The private delivery service can tell
employer’s tax year or 8
/
1
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you how to get written proof of the
Specific Instructions
months after the last day of
mailing date.
the plan year that ends with
Filer tax year. Enter the tax year of the
or within the filer’s tax year.
Interest and Penalties
employer, entity, or individual on whom
4971(f)
7th month after the end of the
Interest. Interest is charged on taxes
the tax is imposed.
employer’s tax year or 8
/
1
2
not paid by the due date even if an
Item A. Name and address of filer.
months after the last day of
extension of time to file is granted.
Enter the name and address of the
the plan year that ends with
Interest is also charged on penalties
employer, individual, or other entity who
or within the filer’s tax year.
imposed for failure to file, negligence,
is liable for the tax.
4977
7th month after the end of the
fraud, gross valuation overstatements,
Include the suite, room, or other unit
calendar year in which the
and substantial understatements of tax
excess fringe benefits were
numbers after the street number. If the
from the due date (including
paid to your employees.
Post Office does not deliver mail to the
extensions) to the date of payment. The
street address and you have a P.O.
4979
15th month after the close of
interest charge is figured at a rate
box, show the box number instead of
the plan year to which the
determined under section 6621.
the street address.
excess contributions or
Penalty for late filing of return. If you
excess aggregate
Item B. Filer’s identifying number.
do not file a return by the due date,
contributions relate.
Enter the identifying number of an
including extensions, you may have to
individual (other than a sole proprietor
4980
month following the month in
pay a penalty of 5% of the unpaid tax
with an employer identification number
which the reversion occurred.
for each month or part of a month the
(EIN)) is his or her social security
return is late, up to a maximum of 25%
4980F
month following the month in
number. The identifying number of all
of the unpaid tax. The minimum penalty
which the failure occurred.
others is their EIN.
for a return that is more than 60 days
If the filing due date falls on a Saturday, Sunday,
late is the smaller of the tax due or
Item C. Name and address of plan
or legal holiday, the return may be filed on the next
$100. The penalty will not be imposed if
sponsor. The term “plan sponsor”
business day.
you can show that the failure to file on
means:
time was due to reasonable cause. If
1. The employer, for an employee
Extension. File Form 5558,
you file late, you must attach a
benefit plan that a single employer
Application for Extension of Time to File
statement to Form 5330 explaining the
established or maintains;
Certain Employee Plan Returns, to
reasonable cause.
2. The employee organization in the
request an extension of time to file. If
Penalty for late payment of tax. If
case of a plan of an employee
approved, you may be granted an
you do not pay the tax when due, you
organization; or
extension of up to 6 months.
may have to pay a penalty of
1
/
of 1%
3. The association, committee, joint
2
of the unpaid tax for each month or part
board of trustees, or other similar group
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