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File one Form 5330 to report all excise taxes with the same filing due date. However, if the taxes are from separate plans, file separate forms for each plan. Generally, filing Form 5330 starts the statute of limitations running only with respect to the particular excise tax(es) reported on that Form 5330.
What is a form 5330?
IRS Form 5330 is a reporting tool commonly used to report excise taxes for 401(k) plans. If plan sponsors delay a 401(k) participant's deposit so it interferes with investments and earnings, they're required to pay an excise tax based on the missing earnings.
Who must file Form 5330?
A Form 5330 must be filed by: Any employer who is liable for the tax under section 4971 for failure to meet the minimum funding standards under section 412 (liability for tax in the case of an employer who is a party to a collective bargaining agreement, see section 413(b)(6)).
Can Form 5330 be filed electronically?
Electronic filing of Form 5330 is expected to be available in 2022, and the IRS will announce the specific date of availability when the programming comes online.
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