Form 5330, Return of Excise Taxes Related to Employee Benefit Plans, is used to report the following taxes on:
- A prohibited tax shelter transaction (section 4965(a)(2))
- A minimum funding deficiency (section 4971(a) and (b))
- A failure to pay liquidity shortfall (section 4971(f))
- A failure to comply with funding improvement or rehabilitation plan (section 4971(g)(2))
- A failure to meet requirements for plans in endangered or critical status (section 4971(g)(3))
- A failure to adopt rehabilitation plan (section 4971(g)(4))
- Failure of a CSEC plan sponsor to adopt funding restoration plan (section 4971(h))
- Nondeductible contributions to qualified employer plans (section 4972)
- Excess contributions to a section 403(b)(7)(A) custodial account (section 4973(a)(3))
- A prohibited transaction (section 4975)
- A disqualified benefit provided by funded welfare plans (section 4976)
- Excess fringe benefits (section 4977)
- Certain employee stock ownership plan (ESOP) dispositions (section 4978)
- Excess contributions to plans with cash or deferred arrangements (section 4979)
- Certain prohibited allocations of qualified securities by an ESOP (section 4979A)
- Reversions of qualified plan assets to employers (section 4980) and
- A failure of an applicable plan reducing future benefit accruals to satisfy notice requirements (section 4980F)
See Form 5330 PDF and Instructions PDF.
Electronic filing Form 5330 using the IRS Modernized e-File system (MeF)
An employer or an individual required to file an excise tax return related to employee benefit plans can file Form 5330 electronically using the IRS Modernized e-file (MeF) system through an IRS authorized e-filing provider. All filers are encouraged to file Form 5330 electronically because it is safe, easy to complete, and you have an immediate record that the return was filed.
Electronic filing requirements
Under final regulations (T.D. 9972 PDF) issued in February 2023, any employer or individual required to file an excise tax return on Form 5330 must file the excise tax return electronically for tax years ending on or after December 31, 2023, if the filer is required to file at least 10 returns of any type during the calendar year that the Form 5330 is due. The failure to file Form 5330 electronically when required to do so is deemed a failure to file a return even if the filer submits a paper return. See Regulations section 54.6011-3 for more information.
Exclusions from electronic filing requirements
On a year-by-year basis, the IRS may waive the requirement to file Form 5330 electronically in cases of undue hardship. In certain circumstances, a filer may be administratively exempt from the requirement to file electronically. If the IRS systems do not support electronic filing, taxpayers will not be required to file electronically. In general, the filer should maintain documentation supporting the undue hardship or other applicable reason for not filing electronically.
Paper filing
Form 5330 can be filed on paper if a filer is not subject to the electronic filing requirement under Regulations section 54.6011-3. The official IRS printed Form 5330 can be found on the IRS website and downloaded to your computer to print and sign before mailing to IRS.
File the paper Form 5330 at the following address:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201
Extension
You must file Form 8868, Application for Extension of Time To File an Exempt Organization Return or Excise Taxes Related to Employee Benefit Plans, before the normal due date to request an extension of time to file Form 5330. If approved, you may be granted an extension of up to 6 months after the normal due date of Form 5330. You must file a separate Form 8868 for the Form 5330 that has a different filing due date. Form 8868 does not extend the time to pay your taxes. You must pay any tax due with this application for an extension of time to file Form 5330. Do not use Form 5558, Application for Extension of Time To File Certain Employee Plan Returns, for an extension of time to file Form 5330.
Penalties for failure to file returns and pay tax
If you do not file a return by the due date, including extensions, you may have to pay a penalty of 5% of the unpaid tax for each month or part of a month the return is late, up to a maximum of 25% of the unpaid tax. The penalty will not be imposed if you can show that the failure to file on time was due to reasonable cause. If you file late, you may attach a statement to Form 5330 explaining the reasonable cause.
Penalty for late payment of tax
If you do not pay the tax when due, you may have to pay a penalty of 1/2 of 1% of the unpaid tax for each month or part of a month the tax is not paid, up to a maximum of 25% of the unpaid tax. The penalty will not be imposed if you can show that the failure to pay on time was due to reasonable cause. Interest and penalties for late filing and late payment will be billed separately after the return is filed.
When to file
- Use Table 1, Excise Tax Due Dates, in the Instructions PDF to determine the due date to file Form 5330 and pay tax.
- 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.
- Note that a financial institution that is a disqualified person who engaged in a prohibited transaction with respect to multiple IRAs or plans should file only one Form 5330 under that financial institution’s EIN, pay the appropriate tax and attach a list of all impacted IRAs or plans. Do not file a separate Form 5330 for each impacted IRA or plan.
Ask a question
If you have comments concerning the accuracy of these time estimates or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from IRS.gov/FormsComments. Or you can write to the Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224.
Tips for preparing Form 5330:
- Sign the Form 5330
- Use the correct plan number
- Do not leave plan number blank
- Double check the plan number
- File separate Form 5330s to report two or more excise taxes with different due dates
Additional resources
- Completing a Power of Attorney form for Form 5330