Instructions For Form 5330 (Rev. 2013)
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13Instructions for Form 5330
Department of the Treasury
Internal Revenue Service
(Rev. December 2013)
Return of Excise Taxes Related to Employee Benefit Plans
1. A plan entity manager of a
year in the taxable period applicable to
Section references are to the Internal Revenue
Code unless otherwise noted.
tax-exempt entity who approves, or
such prohibited transaction.
otherwise causes the entity to be party
Future developments. For the latest
10. An employer liable for the tax
to, a prohibited tax shelter transaction
information about developments related
under section 4976 for maintaining a
during the tax year and knows or has
to Form 5330 and its instructions, such
funded welfare benefit plan that
reason to know the transaction is a
as legislation enacted after they were
provides a disqualified benefit during
prohibited tax shelter transaction under
published, go to
any tax year.
section 4965(a)(2).
11. An employer who pays excess
General Instructions
2. An employer liable for the tax
fringe benefits and has elected to be
under section 4971 for failure to meet
taxed under section 4977 on such
the minimum funding standards under
payments.
Purpose of Form
section 412.
12. An employer or worker-owned
File Form 5330 to report the tax on:
3. An employer liable for the tax
cooperative, as defined in section
A prohibited tax shelter transaction
under section 4971(f) for a failure to
1042(c)(2), that maintains an employee
(section 4965(a)(2));
meet the liquidity requirement of section
stock ownership plan (ESOP) that
A minimum funding deficiency
430(j) (or section 412(m)(5) as it existed
disposes of the qualified securities, as
(section 4971(a) and (b));
prior to amendment by the Pension
defined in section 1042(c)(1), within the
A failure to pay liquidity shortfall
Protection Act of 2006 (PPA '06)), for
specified 3-year period (see section
(section 4971(f));
plans with delayed effective dates under
4978).
A failure to comply with a funding
PPA '06.
13. An employer liable for the tax
improvement or rehabilitation plan
4. An employer with respect to a
under section 4979 on excess
(section 4971(g)(2));
multiemployer plan liable for the tax
contributions to plans with a cash or
A failure to meet requirements for
under section 4971(g)(2) for failure to
deferred arrangement, etc.
plans in endangered or critical status
comply with a funding improvement or
14. An employer or worker-owned
(section 4971(g)(3));
rehabilitation plan under section 432.
cooperative that made the written
A failure to adopt rehabilitation plan
5. An employer with respect to a
statement described in section
(section 4971(g)(4));
multiemployer plan liable for the tax
664(g)(1)(E) or 1042(b)(3)(B) and made
Nondeductible contributions to
under section 4971(g)(3) for failure to
an allocation prohibited under section
qualified plans (section 4972);
meet the requirements for plans in
409(n) of qualified securities of an
Excess contributions to a section
endangered or critical status under
ESOP taxable under section 4979A; or
403(b)(7)(A) custodial account (section
section 432.
an employer or worker-owned
4973(a)(3));
6. A multiemployer plan sponsor
cooperative who made an allocation of
A prohibited transaction (section
liable for the tax under section
S corporation stock of an ESOP
4975);
4971(g)(4) for failure to adopt a
prohibited under section 409(p) taxable
A disqualified benefit provided by
rehabilitation plan within the time
under section 4979A.
funded welfare plans (section 4976);
required under section 432.
15. An employer who receives an
Excess fringe benefits (section 4977);
7. An employer liable for the tax
employer reversion from a deferred
Certain employee stock ownership
under section 4972 for nondeductible
compensation plan taxable under
plan (ESOP) dispositions (section
contributions to qualified plans.
section 4980.
4978);
8. An individual liable for the tax
16. An employer or multiemployer
Excess contributions to plans with
under section 4973(a)(3) because an
plan liable for the tax under section
cash or deferred arrangements (section
excess contribution to a section
4980F for failure to give notice of a
4979);
403(b)(7)(A) custodial account was
significant reduction in the rate of future
Certain prohibited allocations of
made for them and that excess has not
benefit accrual.
qualified securities by an ESOP (section
been eliminated, as specified in
4979A);
A Form 5330 and tax payment is
sections 4973(c)(2)(A) and (B).
Reversions of qualified plan assets to
required for any of the following.
employers (section 4980);
9. A disqualified person liable for the
Each year any of the following under
A failure of an applicable plan
tax under section 4975 for participating
Who Must File, earlier, apply: (1), (2),
reducing future benefit accruals to
in a prohibited transaction (other than a
(3), (5), (6), (7), (8), (9), (10), (11), (12),
satisfy notice requirements (section
fiduciary acting only as such), or an
(13), (14), or (16).
4980F).
individual or his or her beneficiary who
Each failure of an employer to make
engages in a prohibited transaction with
Who Must File
the required contribution to a
respect to his or her individual
multiemployer plan, as required by a
A Form 5330 must be filed by any of the
retirement account, unless section
funding improvement or rehabilitation
following.
408(e)(2)(A) or section 408(e)(4)
plan under section 432.
applies, for each tax year or part of a tax
Jan 02, 2014
Cat. No. 11871X
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