Instructions For Form 5330 - Return Of Excise Taxes Related To Employee Benefit Plans Page 2
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from separate plans, file separate forms
most recent list of designated private
To claim a refund of overpaid taxes
for each plan. Also file a separate Form
delivery services was published by the
reportable on Form 5330;
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5330 to report taxes with different filing
IRS in September 2002 and includes
For a credit for overpaid taxes; or
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due dates. Generally, the filing of a
only the following:
To report additional taxes due within
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Form 5330 starts the statute of
Airborne Express (Airborne):
the same tax year of the filer if those
limitations running only with respect to
Overnight Air Express Service, Next
taxes have the same due date as those
the particular excise tax(es) reported on
Afternoon Service, Second Day
previously reported. Check the box in
that Form 5330. However, statutes of
Service.
item H on page 1 of the return and
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limitations with respect to the prohibited
DHL Worldwide Express (DHL): DHL
report the correct amount of taxes in
transaction excise tax(es) are based on
“Same Day” Service, DHL USA
Parts II through XV, as appropriate, and
the filing of the applicable Form 5500.
Overnight.
on lines 1 through 12a of Part I. See
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Federal Express (FedEx): FedEx
instructions for lines 12a through 12c.
Note. If the filing due date falls on a
Priority Overnight, FedEx Standard
Saturday, Sunday, or Federal holiday,
Note. If you file an amended return to
Overnight, FedEx 2Day, FedEx
the return may be filed on the next
claim a refund or credit, the claim must
International Priority, and FedEx
business day.
state in detail the reasons for claiming
International First.
the refund. In order to promptly
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1. For taxes due under sections
United Parcel Service (UPS): UPS
consider your claim, you must explain
4972, 4973(a)(3), 4975, 4976, 4978,
Next Day Air, UPS Next Day Air Saver,
why you are filing the claim and provide
4978A, 4978B, and 4979A, file Form
UPS 2nd Day Air, UPS 2nd Day Air
the appropriate supporting evidence.
5330 by the last day of the 7th month
A.M., UPS Worldwide Express Plus,
See Regulations section 301.6402-2 for
after the end of the tax year of the
and UPS Worldwide Express.
more details.
employer or other person who must file
The private delivery service can tell
this return.
you how to get written proof of the
2. For tax due under section 4971
mailing date.
and 4971(f), file Form 5330 by the later
Specific Instructions
of the last day of the 7th month after
Interest and Penalties
Filer tax year. Enter the tax year of the
the end of the employer’s tax year or
Interest. Interest is charged on taxes
employer, entity, or individual on whom
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/
months after the last day of the plan
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not paid by the due date even if an
the tax is imposed.
year that ends with or within the filer’s
extension of time to file is granted.
tax year.
Item A. Name and address of filer.
Interest is also charged on penalties
3. For tax due under section
Enter the name and address of the
imposed for failure to file, negligence,
4977, file Form 5330 by the last day of
employer, individual, or other entity who
fraud, gross valuation overstatements,
the 7th month after the end of the
is liable for the tax.
and substantial understatements of tax
calendar year in which the excess
from the due date (including
Include the suite, room, or other unit
fringe benefits were paid to your
extensions) to the date of payment. The
numbers after the street number. If the
employees.
interest charge is figured at a rate
Post Office does not deliver mail to the
4. For tax due under section
determined under section 6621.
street address and you have a P.O.
4979, file Form 5330 by the last day of
box, show the box number instead of
the 15th month after the close of the
Penalty for late filing of return. If you
the street address.
plan year to which the excess
do not file a return by the due date,
contributions or excess aggregate
including extensions, you may have to
Item B. Filer’s identifying number.
contributions relate.
pay a penalty of 5% of the unpaid tax
The identifying number of an individual
5. For tax due under section
for each month or part of a month the
(other than a sole proprietor with an
4980, file Form 5330 by the last day of
return is late, up to a maximum of 25%
employer identification number (EIN)) is
the month following the month in which
of the unpaid tax. The minimum penalty
his or her social security number. The
the reversion occurred.
for a return that is more than 60 days
identifying number of all others is their
6. For tax due under section
late is the smaller of the tax due or
EIN.
4980F, file Form 5330 by the last day of
$100. The penalty will not be imposed if
Item C. Name and address of plan
the month following the month in which
you can show that the failure to file on
sponsor. The term “plan sponsor”
the failure occurred.
time was due to reasonable cause. If
means:
you file late, you must attach a
Extension. File Form 5558,
1. The employer, for an employee
statement to Form 5330 explaining the
Application for Extension of Time to File
benefit plan that a single employer
reasonable cause.
Certain Employee Plan Returns, to
established or maintains;
Penalty for late payment of tax. If
request an extension of time to file. If
2. The employee organization in the
you do not pay the tax when due, you
approved, you may be granted an
case of a plan of an employee
may have to pay a penalty of
1
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of 1%
extension of up to 6 months.
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organization; or
of the unpaid tax for each month or part
3. The association, committee, joint
Caution: Form 5558 does not extend
of a month the tax is not paid, up to a
board of trustees, or other similar group
the time to pay your taxes. See the
maximum of 25% of the unpaid tax.
of representatives of the parties who
instructions for Form 5558.
The penalty will not be imposed if you
establish or maintain the plan, if the
can show that the failure to pay on time
Where To File
plan is established or maintained jointly
was due to reasonable cause.
by one or more employers and one or
File Form 5330 with
more employee organizations, or by
Note. Interest and penalties for late
the: Internal Revenue Service
two or more employers.
filing and late payment will be billed
Center, Ogden, UT 84201.
separately after the return is filed.
Include the suite, room, or other unit
Private delivery services. You can
numbers after the street number. If the
Claim for Refund or Credit/
use certain private delivery services
Post Office does not deliver mail to the
Amended Return
designated by the IRS to meet the
street address and you have a P.O.
“timely mailing as timely filing/paying”
File an amended Form 5330 for any of
box, show the box number instead of
rule for tax returns and payments. The
the following:
the street address.
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