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양식 5330 지침

Form 5330의 지침, Employee Benefit 계획과 관련된 세금의 반환

12월 2023일

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  • 양식 5330 - Employee Benefit 계획과 관련된 세금 환급
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Department of the Treasury  
Internal Revenue Service  
Instructions for Form 5330  
Return of Excise Taxes Related to Employee Benefit Plans  
(Rev. December 2023)  
Section references are to the Internal Revenue Code unless  
otherwise noted.  
A failure of an applicable plan reducing future benefit  
accruals to satisfy notice requirements (section 4980F).  
Who Must File  
Future Developments  
For the latest information about developments related to  
Form 5330 and its instructions, such as legislation enacted  
after they were published, go to IRS.gov/Form5330.  
A Form 5330 must be filed by any of the following.  
1. A plan entity manager of a tax-exempt entity who  
approves, or otherwise causes the entity to be party to, a  
prohibited tax shelter transaction during the tax year and  
knows or has reason to know the transaction is a prohibited  
tax shelter transaction under section 4965(a)(2).  
2. An employer liable for the tax under section 4971 for  
failure to meet the minimum funding standards under  
section 412.  
3. An employer liable for the tax under section 4971(f) for  
a failure to meet the liquidity requirement of section 430(j) (or  
section 412(m)(5) as it existed prior to amendment by the  
Pension Protection Act of 2006 (PPA '06)), for plans with  
delayed effective dates under PPA '06.  
What’s New  
Mandatory electronic filing. Under final regulations (T.D.  
9972) 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. See Regulations section 54.6011-3 for more  
information.  
4. An employer with respect to a multiemployer plan  
liable for the tax under section 4971(g)(2) for failure to comply  
with a funding improvement or rehabilitation plan under  
section 432.  
5. An employer with respect to a multiemployer plan  
liable for the tax under section 4971(g)(3) for failure to meet  
the requirements for plans in endangered or critical status  
under section 432.  
Extension. Effective in 2024, Form 8868, Application for  
Extension of Time To File an Exempt Organization Return or  
Excise Taxes Related to Employee Benefit Plans, is used 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. Form 5558, Application for  
Extension of Time To File Certain Employee Plan Returns, is  
no longer used for an extension of time to file Form 5330.  
6. A multiemployer plan sponsor liable for the tax under  
section 4971(g)(4) for failure to adopt a rehabilitation plan  
within the time required under section 432.  
7. A cooperative and small employer charity (CSEC) plan  
sponsor liable for the tax under section 4971(h) for failure to  
adopt a funding restoration plan within the time required  
under section 433(j)(3).  
General Instructions  
Purpose of Form  
File Form 5330 to report the tax 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 a funding improvement or  
8. An employer liable for the tax under section 4972 for  
nondeductible contributions to qualified plans.  
rehabilitation plan (section 4971(g)(2));  
9. An individual liable for the tax under section 4973(a)(3)  
because an excess contribution to a section 403(b)(7)(A)  
custodial account was made for them and that excess has  
not been eliminated, as specified in sections 4973(c)(2)(A)  
and (B).  
10. A disqualified person liable for the tax under  
section 4975 for participating in a prohibited transaction  
(other than a fiduciary acting only as such), or an individual or  
the individual’s beneficiary who engages in a prohibited  
transaction with respect to the individual’s retirement  
account, unless section 408(e)(2)(A) or section 408(e)(4)  
applies, for each tax year or part of a tax year in the taxable  
period applicable to such prohibited transaction.  
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));  
A failure to adopt funding restoration plan  
(section 4971(h));  
Nondeductible contributions to qualified 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);  
11. An employer liable for the tax under section 4976 for  
maintaining a funded welfare benefit plan that provides a  
disqualified benefit during any tax year.  
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  
12. An employer who pays excess fringe benefits and has  
elected to be taxed under section 4977 on such payments.  
ESOP (section 4979A);  
13. An employer or worker-owned cooperative, as defined  
in section 1042(c)(2), that maintains an employee stock  
Reversions of qualified plan assets to employers  
(section 4980); and  
Jan 19, 2024  
Cat. No. 11871X  
   
ownership plan (ESOP) that disposes of the qualified  
securities, as defined in section 1042(c)(1), within the  
specified 3-year period (see section 4978).  
14. An employer liable for the tax under section 4979 on  
excess contributions to plans with a cash or deferred  
arrangement, etc.  
Form 8868 does not extend the time to pay your  
taxes. Any tax due must be paid with this application  
for an extension of time to file Form 5330.  
!
CAUTION  
Additionally, interest is charged on taxes not paid by the due  
date even if an extension of time to file is granted. See the  
instructions for Form 8868.  
15. An employer or worker-owned cooperative that made  
the written statement described in section 664(g)(1)(E) or  
1042(b)(3)(B) and made an allocation prohibited under  
section 409(n) of qualified securities of an ESOP taxable  
under section 4979A; or, an employer or worker-owned  
cooperative who made an allocation of S corporation stock of  
an ESOP prohibited under section 409(p) taxable under  
section 4979A.  
How To File  
Electronic filing. 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.  
Mandatory electronic filing. Under Regulations section  
54.6011-3, 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. See  
T.D. 9972 for more information. The failure to file a return  
electronically when required is deemed a failure to file the  
return even if the filer submits a paper return.  
“Returns” for purposes of these instructions include  
information returns (for example, Forms W-2 and Forms  
1099), income tax returns, employment tax returns (including  
quarterly Forms 941, Employer's Quarterly Federal Tax  
Return), and excise tax returns.  
On a year-by-year and form-by-form 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's systems do not support electronic  
filing, the filer will not be required to file electronically. The  
filer should maintain documentation supporting their undue  
hardship or other applicable reason for not filing electronically  
in the filer's records. For more information about mandatory  
electronic filing based on the 10-return threshold, waivers,  
and exemptions, see Regulations section 54.6011-3.  
16. An employer who receives an employer reversion from  
a deferred compensation plan taxable under section 4980.  
17. An employer or multiemployer plan liable for the tax  
under section 4980F for failure to give notice of a significant  
reduction in the rate of future benefit accrual.  
A Form 5330 and tax payment is required for any of the  
following.  
Each year any of the following under Who Must File,  
earlier, apply: (1), (2), (3), (5), (6), (7), (8), (9), (10), (11), (12),  
(13), (14), or (16).  
Each failure of an employer to make the required  
contribution to a multiemployer plan, as required by a funding  
improvement or rehabilitation plan under section 432.  
A reversion of plan assets from a qualified plan taxable  
under section 4980.  
Each year or part of a year in the taxable period in which a  
prohibited transaction occurs under section 4975. See the  
instructions for Schedule C, line 2, columns (d) and (e), for a  
definition of “taxable period.”  
When To File  
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. However, statutes of limitations  
with respect to the prohibited transaction excise tax(es) are  
based on the filing of the applicable Form 5500, Annual  
Return/Report of Employee Benefit Plan.  
Paper forms for 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 the address  
specified in these instructions. See Where To File below. You  
can complete paper Form 5330 by hand with pen or  
typewriter using only blue or black ink. Entries should not  
exceed the lines provided on the form. You can find Form  
5330 and its instructions by visiting the IRS Internet website  
Use Table 1 to determine the due date of Form 5330.  
Extension. Effective in 2024, a filer must use Form 8868,  
Application for Extension of Time To File an Exempt  
Organization Return or Excise Taxes Related to Employee  
Benefit Plans, to request for an extension of time to file Form  
5330. You may be granted an extension of up to 6 months  
after the normal due date of Form 5330 if Form 8868 is filed  
on or before the normal due date (not including any  
Where To File  
File the paper Form 5330 at the following address:  
extensions) of the return. Form 5558, Application for  
Extension of Time To File Certain Employee Plan Returns, is  
no longer used for an extension of time to file Form 5330.  
You must file a separate Form 8868 for each excise tax  
that has a different filing due date for the Form 5330.  
However, you can file one Form 8868 if each excise tax on  
the Form 5330 has the same filing due date.  
Department of the Treasury  
Internal Revenue Service Center  
Ogden, UT 84201  
Note. If an employer or individual required to file the Form  
5330 fails to file the return electronically when required to do  
so, the filer is considered not to have filed the return even if  
the filer submits a paper return. See Regulations section  
2
Instructions for Form 5330  
       
Table 1. Excise Tax Due Dates  
IF the taxes are due under  
section . . .  
THEN file Form 5330 by the . . .  
15th day of the 5th month following the close of the entity manager's tax year during which the  
tax-exempt entity becomes a party to the transaction.  
4965  
4971  
15th day of the 10th month after the last day of the plan year.  
15th day of the 10th month after the last day of the plan year.  
15th day of the 10th month after the last day of the plan year.  
15th day of the 10th month after the last day of the plan year.  
15th day of the 10th month after the last day of the plan year.  
15th day of the 10th month after the last day of the plan year.  
4971(f)  
4971(g)(2)  
4971(g)(3)  
4971(g)(4)  
4971(h)  
4972  
last day of the 7th month after the end of the tax year of the employer or other person who must file this  
return.  
4973(a)(3)  
4975  
last day of the 7th month after the end of the tax year of the individual who must file this return.  
last day of the 7th month after the end of the tax year of the employer or other person who must file this  
return.  
4976  
4977  
4978  
4979  
4979A  
last day of the 7th month after the end of the tax year of the employer or other person who must file this  
return.  
last day of the 7th month after the end of the calendar year in which the excess fringe benefits were  
paid to your employees.  
last day of the 7th month after the end of the tax year of the employer or other person who must file this  
return.  
last day of the 15th month after the close of the plan year to which the excess contributions or excess  
aggregate contributions relate.  
last day of the 7th month after the end of the tax year of the employer or other person who must file this  
return.  
4980  
last day of the month following the month in which the reversion occurred.  
last day of the month following the month in which the failure occurred.  
4980F  
If the filing due date falls on a Saturday, Sunday, or legal holiday, the return may be filed on the next business day.  
301.6651-1 for more information relating to the failure to file a  
tax return.  
Private delivery services (PDSs). You can use certain  
private delivery services (PDSs) designated by the IRS to  
meet the “timely mailing as timely filing/paying” rule for tax  
returns and payments. Go to IRS.gov/PDS for the current list  
of designated services.  
failure to file a tax return, starts from the due date or  
extended due date of the return. Interest rates are variable  
and may change quarterly. (See section 6601.)  
Penalty for late filing of return. 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.  
The PDS can tell you how to get written proof of the  
mailing date.  
For the IRS mailing address to use if you're using a PDS,  
Private delivery services cannot deliver items to P.O.  
boxes. You must use the U.S. Postal Service to mail  
!
CAUTION  
any item to an IRS P.O. box address.  
Interest and Penalties  
Interest and penalties for late filing and late payment will  
Interest. We are required by law to charge interest when you  
do not pay your liability on time. Generally, we calculate  
interest on any unpaid balance from the due date of your  
return (regardless of extensions of time to file) until you pay  
the amount you owe in full, including accrued interest and  
any penalty charges. Interest on some penalties accrues on  
any unpaid balance from the date we notify you of the penalty  
until it is paid in full. Interest on other penalties, such as  
be billed separately after the return is filed.  
Claim for Refund or Credit/Amended Return  
File an amended Form 5330 for any of the following.  
To claim a refund of overpaid taxes reportable on Form  
5330.  
To receive a credit for overpaid taxes.  
3
Instructions for Form 5330  
           
To report additional taxes due within the same tax year of  
If the plan has a foreign address, enter the information in  
the following order: city or town, state or province, and  
country. Follow the country's practice for entering the postal  
code. Do not abbreviate the country name.  
Item E. Plan sponsor's EIN. Enter the nine-digit EIN  
assigned to the plan sponsor. This should be the same  
number used to file the Form 5500 series return/report.  
the filer if those taxes have the same due date as those  
previously reported. Check the box in item H of the Entity  
Section and report the correct amount of taxes on  
Schedule A through L, as appropriate, and on Part I, lines 1  
through 16. See the instructions for Part II, lines 17 through  
19.  
If you file an amended return to claim a refund or credit,  
the claim must state in detail the reasons for claiming the  
refund. In order for the IRS to promptly consider your claim,  
you must provide the appropriate supporting evidence. See  
Regulations section 301.6402-2 for more details.  
Item F. Plan year ending. “Plan year” means the calendar  
or fiscal year on which the records of the plan are kept. Enter  
eight digits in month/date/year order. This number assists the  
IRS in properly identifying the plan and time period for which  
Form 5330 is being filed. For example, a plan year ending  
March 31, 2022, should be shown as 03/31/2022.  
Specific Instructions  
Item G. Plan number. Enter the three-digit number that the  
employer or plan administrator assigned to the plan. This  
three-digit number is used with the EIN entered on item B  
and is used by the IRS, the Department of Labor, and the  
Pension Benefit Guaranty Corporation as a unique 12-digit  
number to identify the plan.  
Filer tax year. Enter the tax year of the employer, entity, or  
individual on whom the tax is imposed by using the plan year  
beginning and ending dates entered in Part I of Form 5500 or  
by using the tax year of the business return filed.  
Item A. Name and address of filer. Enter the name and  
address of the employer, individual, or other entity who is  
liable for the tax.  
Include the suite, room, or other unit number after the  
street number. If the post office does not deliver mail to the  
street address and you have a P.O. box, show the box  
number instead of the street address.  
If the plan has a foreign address, enter the information in  
the following order: city or town, state or province, country,  
and ZIP or foreign postal code. Follow the country's practice  
for entering the postal code. Do not abbreviate the country  
name.  
If the plan number is not provided, this will cause a  
delay in processing your return.  
!
CAUTION  
Item H. Amended return. If you are filing an amended Form  
5330, check the box on this line, and see the instructions for  
Part II, lines 17 through 19. Also, see Claim for Refund or  
Credit/Amended Return, earlier.  
Filer's signature. To reduce the possibility of  
correspondence and penalties, please sign and date the  
form. Also, enter a daytime phone number where you can be  
reached.  
Preparer's signature. Anyone who prepares your return  
and does not charge you should not sign your return. For  
example, a regular full-time employee or your business  
partner who prepares the return should not sign.  
Generally, anyone who is paid to prepare the return must  
sign the return in the space provided and fill in the Paid  
Preparer's Use Only area. See section 7701(a)(36)(B) for  
exceptions.  
Item B. Filer's identifying number. Enter the filer's  
identifying number in the appropriate section. The filer's  
identifying number is either the filer's employer identification  
number (EIN) or the filer's social security number (SSN), but  
not both. The identifying number of an individual, other than a  
sole proprietor with an EIN, is the individual’s SSN. The  
identifying number for all other filers is their EIN. The EIN is  
the nine-digit number assigned to the plan sponsor/employer,  
entity, or individual on whom the tax is imposed.  
In addition to signing and completing the required  
information, the paid preparer must give a copy of the  
completed return to the taxpayer.  
Item C. Name of plan. Enter the formal name of the plan or  
enough information to identify the plan.  
This should be the same name indicated on the Form  
5500 series return/report if that form is required to be filed for  
the plan.  
Note. If Form 5330 is filed on paper, a paid preparer may  
sign original or amended returns by rubber stamp,  
mechanical device, or computer software program.  
Item D. Name and address of plan sponsor. The term  
Part I. Taxes  
“plan sponsor” means:  
1. The employer, for an employee benefit plan  
Line 4. Enter the total amount of the disqualified benefit  
under section 4976. Section 4976 imposes an excise tax on  
employers who maintain a funded welfare benefit plan that  
provides a disqualified benefit during any tax year. The tax is  
100% of the disqualified benefit.  
established or maintained by a single employer.  
2. The employee organization, in the case of a plan of an  
employee organization.  
3. The association, committee, joint board of trustees, or  
other similar group of representatives of the parties who  
establish or maintain the plan, if the plan is established or  
maintained jointly by one or more employers and one or more  
employee organizations, or by two or more employers.  
Generally, a disqualified benefit is any of the following.  
Any post-retirement medical benefit or life insurance  
benefit provided for a key employee unless the benefit is  
provided from a separate account established for the key  
employee under section 419A(d).  
Include the suite, room, or other unit number after the  
street number. If the post office does not deliver mail to the  
street address and you have a P.O. box, show the box  
number instead of the street address.  
Any post-retirement medical benefit or life insurance  
benefit unless the plan meets the nondiscrimination  
requirements of section 505(b) for those benefits.  
Any portion of the fund that reverts to the benefit of the  
employer.  
4
Instructions for Form 5330  
 
3. The accrual or allocation of S corporation shares in an  
ESOP during a nonallocation year constituting a prohibited  
allocation under section 409(p).  
Lines 5a and 5b. Section 4978 imposes an excise tax on  
the sale or transfer of securities acquired in a sale or qualified  
gratuitous transfer to which section 1042 or section 664(g)  
applied, respectively, if the sale or transfer takes place within  
3 years after the date of the acquisition of qualified securities,  
as defined in section 1042(c)(1) or a section 664(g) transfer.  
The tax is 10% of the amount realized on the disposition of  
the qualified securities if an ESOP or eligible worker-owned  
cooperative, as defined in section 1042(c)(2), disposes of the  
qualified securities within the 3-year period described above,  
and either of the following applies.  
4. A synthetic equity owned by a disqualified person in  
any nonallocation year.  
Prohibited allocations for ESOP or worker-owned  
cooperative. For purposes of items 1 and 2 above, a  
“prohibited allocation of qualified securities by any ESOP or  
eligible worker-owned cooperative” is any allocation of  
qualified securities acquired in a nonrecognition-of-gain sale  
under section 1042, which violates section 409(n), and any  
benefit that accrues to any person in violation of  
section 409(n).  
Under section 409(n), an ESOP or worker-owned  
cooperative cannot allow any portion of assets attributable to  
employer securities acquired in a section 1042 sale to accrue  
or be allocated, directly or indirectly, to the taxpayer, or any  
person related to the taxpayer, involved in the transaction  
during the nonallocation period. For purposes of  
section 409(n), “relationship to the taxpayer” is defined under  
section 267(b).  
The total number of shares held by that plan or cooperative  
after the disposition is less than the total number of employer  
securities held immediately after the sale; or  
Except to the extent provided in regulations, the value of  
qualified securities held by the plan or cooperative after the  
disposition is less than 30% of the total value of all employer  
securities as of the disposition (60% of the total value of all  
employer securities in the case of any qualified employer  
securities acquired in a qualified gratuitous transfer to which  
section 664(g) applied).  
See section 4978(b)(2) for the limitation on the amount of  
The nonallocation period is the period beginning on the  
tax.  
date the qualified securities are sold and ending on the later  
of:  
The section 4978 tax must be paid by the employer or the  
eligible worker-owned cooperative that made the written  
statement described in section 1042(b)(3)(B) on dispositions  
that occurred during their tax year.  
The section 4978 tax does not apply to a distribution of  
qualified securities or sale of such securities if any of the  
following occurs.  
10 years after the date of sale, or  
The date on which the final payment is made if acquisition  
indebtedness was incurred at the time of sale.  
The employer sponsoring the plan or the eligible  
worker-owned cooperative is responsible for paying the tax.  
For purposes of items 3 and 4, under Line 6, earlier, the  
excise tax on these transactions under section 4979A is 50%  
of the amount involved. The amount involved includes the  
following.  
The death of the employee.  
The retirement of the employee after the employee has  
reached age 591/2.  
The disability of the employee (within the meaning of  
1. The value of any synthetic equity owned by a  
disqualified person in any nonallocation year. “Synthetic  
equity” means any stock option, warrant, restricted stock,  
deferred issuance stock right, or similar interest or right that  
gives the holder the right to acquire or receive stock of the S  
corporation in the future. Synthetic equity may also include a  
stock appreciation right, phantom stock unit, or similar right to  
a future cash payment based on the value of the stock or  
appreciation; and nonqualified deferred compensation as  
described in Regulations section 1.409(p)-1(f)(2)(iv). The  
value of a synthetic equity is the value of the shares on which  
the synthetic equity is based or the present value of the  
nonqualified deferred compensation.  
section 72(m)(7)).  
The separation of the employee from service for any  
period that results in a 1-year break in service, as defined in  
section 411(a)(6)(A).  
For purposes of section 4978, an exchange of qualified  
securities in a reorganization described in section 368(a)(1)  
for stock of another corporation will not be treated as a  
disposition.  
For section 4978 excise taxes, the amount entered  
on Part I, line 5a, is the amount realized on the  
disposition of qualified securities, multiplied by 10%.  
Also, check the appropriate box on line 5b.  
2. The value of any S corporation shares in an ESOP  
accruing during a nonallocation year or allocated directly or  
indirectly under the ESOP or any other plan of the employer  
qualified under section 401(a) for the benefit of a disqualified  
person. For additional information, see Regulations  
section 1.409(p)-1(b)(2).  
Line 6. Section 4979A imposes a 50% excise tax on  
allocated amounts involved in any of the following.  
1. A prohibited allocation of qualified securities by any  
ESOP or eligible worker-owned cooperative.  
2. A prohibited allocation described in  
section 664(g)(5)(A). Section 664(g)(5)(A) prohibits any  
portion of the assets of the ESOP attributable to securities  
acquired by the plan in a qualified gratuitous transfer to be  
allocated to the account of:  
3. The total value of all deemed-owned shares of all  
disqualified persons.  
For purposes of determining a nonallocation year, the  
attribution rules of section 318(a) will apply; however, the  
option rule of section 318(a)(4) will not apply. Additionally, the  
attribution rules defining family member are modified to  
include the individual's:  
a. Any person related to the decedent within the meaning  
of section 267(b) or a member of the decedent's family within  
the meaning of section 2032A(e)(2); or  
b. Any person who, at the time of the allocation or at any  
time during the 1-year period ending on the date of the  
acquisition of qualified employer securities by the plan, is a  
5% shareholder of the employer maintaining the plan.  
Spouse,  
Ancestor or lineal descendant of the individual or the  
individual's spouse, and  
5
Instructions for Form 5330  
           
A brother or sister of the individual or of the individual's  
to know that the transaction is a prohibited tax shelter  
transaction, the entity manager must pay an excise tax under  
section 4965(b)(2).  
spouse and any lineal descendant of the brother or sister.  
A spouse of an individual legally separated from an  
individual under a decree of divorce or separate maintenance  
is not treated as the individual's spouse.  
For purposes of section 4965, plan entities are:  
Qualified pension, profit-sharing, and stock bonus plans  
described in section 401(a);  
An individual is a disqualified person if:  
Annuity plans described in section 403(a);  
The total number of shares owned by the person and the  
Annuity contracts described in section 403(b);  
Qualified tuition programs described in section 529;  
Retirement plans maintained by a governmental employer  
members of the person's family, as defined in  
section 409(p)(4)(D), is at least 20% of the deemed-owned  
shares, as defined in section 409(p)(4)(C), in the S  
corporation; or  
described in section 457(b);  
Individual retirement accounts within the meaning of  
The person owns at least 10% of the deemed-owned  
section 408(a);  
Individual retirement annuities within the meaning of  
shares, as defined in section 409(p)(4)(C), in the S  
corporation.  
section 408(b);  
Archer medical savings accounts (MSAs) within the  
Under section 409(p)(7), the Secretary of the  
Treasury may, through regulations or other guidance  
meaning of section 220(d);  
Coverdell education savings accounts described in  
!
CAUTION  
of general applicability, provide that a nonallocation  
year occurs in any case in which the principal purpose of the  
ownership structure of an S corporation constitutes an  
avoidance or evasion of section 409(p). See Regulations  
section 1.408(p)-1.  
section 530; and  
Health savings accounts (HSAs) within the meaning of  
section 223(d).  
An entity manager is the person who approves or  
otherwise causes the entity to be a party to a prohibited tax  
shelter transaction.  
The excise tax under section 4965(a)(2) is $20,000 for  
each approval or other act causing the organization to be a  
party to a prohibited tax shelter transaction.  
A “prohibited tax shelter transaction” is any listed  
transaction and any prohibited reportable transaction, as  
defined later.  
1. A “listed transaction” is a reportable transaction that is  
the same as, or substantially similar to, a transaction  
specifically identified by the Secretary of the Treasury as a  
tax avoidance transaction for purposes of section 6011.  
For section 4979A excise taxes, the amount entered on  
Part I, line 6, is 50% of the amount involved in the prohibited  
allocations described in items 1 through 4, earlier, under  
Line 6.  
Line 10a. Under section 4971(g)(2), each employer who  
contributes to a multiemployer plan and fails to comply with a  
funding improvement or rehabilitation plan will be liable for an  
excise tax for each failure to make a required contribution  
within the time frame under such plan. Enter the amount of  
each contribution the employer failed to make in a timely  
manner.  
A “funding improvement plan” is a plan which consists of  
the actions, including options or a range of options to be  
proposed to the bargaining parties, formulated to provide,  
based on reasonably anticipated experience and reasonable  
actuarial assumptions, for the attainment of the following  
requirements by the plan during the funding improvement  
period.  
2. A “prohibited reportable transaction” is:  
a. Any confidential transaction within the meaning of  
Regulations section 1.6011-4(b)(3), or  
b. Any transaction with contractual protection within the  
meaning of Regulations section 1.6011-4(b)(4).  
1. The plan's funded percentage as of the close of the  
funding improvement period equals or exceeds a percentage  
equal to the sum of:  
Part II. Tax Due  
If you are filing an amended Form 5330 and you paid  
taxes with your original return and those taxes have  
the same due date as those previously reported,  
a. The percentage as of the beginning of the funding  
improvement period, plus  
check the box in item H and enter the tax reported on your  
original return in the entry space for line 18. If you file Form  
5330 for a claim for refund or credit, show the amount of  
overreported tax in parentheses on line 19. Otherwise, show  
the amount of additional tax due on line 19 and include the  
payment with the amended Form 5330.  
b. 33% of the difference between 100% and the  
percentage as of the beginning of the funding improvement  
period (or 20% of the difference if the plan is in seriously  
endangered status).  
2. No accumulated funding deficiency for any plan year  
during the funding improvement period, taking into account  
any extension of the amortization period under  
section 431(d).  
Lines 17 through 19. If you file Form 5330 on paper, make  
your check or money order payable to the “United States  
Treasury” for the full amount due. Attach the payment to your  
return. Write your name, identifying number, plan number,  
and “Form 5330, Section ____” on your payment.  
A “rehabilitation plan” is a plan which consists of actions,  
including options or a range of options to be proposed to the  
bargaining parties, formulated to enable the plan to cease to  
be in critical status by the end of the rehabilitation period.  
File at the address shown under Where To File, earlier.  
All or part of this excise tax may be waived under  
section 4971(g)(5).  
Line 16. If a tax-exempt entity manager approves or  
otherwise causes the entity to be a party to a prohibited tax  
shelter transaction during the year and knows or has reason  
6
Instructions for Form 5330  
             
contributions made on behalf of the employer or the  
employer's family.  
For purposes of this exception, the combined plan  
deduction limits are first applied to contributions to the  
defined benefit plan and then to the defined contribution plan.  
Restorative payments to a defined contribution plan are  
not considered nondeductible contributions if the payments  
are made to restore some or all of the plan's losses due to an  
action (or a failure to act) that creates a reasonable risk of  
liability for breach of fiduciary duty. Amounts paid in excess of  
the loss are not considered restorative payments.  
For these purposes, multiemployer plans are not taken  
into consideration in applying the overall limit on deductions  
where there is a combination of defined benefit and defined  
contribution plans.  
Schedule A. Tax on Nondeductible  
Employer Contributions to Qualified  
Employer Plans (Section 4972)  
Section 4972. Section 4972 imposes an excise tax on  
employers who make nondeductible contributions to their  
qualified plans. The excise tax is equal to 10% of the  
nondeductible contributions in the plan as of the end of the  
employer's tax year.  
A “qualified employer plan” for purposes of this section  
means any plan qualified under section 401(a), any annuity  
plan qualified under section 403(a), and any simplified  
employee pension plan qualified under section 408(k) or any  
simple retirement account under section 408(p). The term  
qualified plan does not include certain governmental plans  
and certain plans maintained by tax-exempt organizations.  
Schedule B. Tax on Excess  
Contributions to Section 403(b)(7)(A)  
Custodial Accounts  
For purposes of section 4972, “nondeductible  
contributions” for the employer's current tax year are the sum  
of:  
1. The excess (if any) of the employer's contribution for  
the tax year less the amount allowable as a deduction under  
section 404 for that year; and  
2. The total amount of the employer's contributions for  
each preceding tax year that was not allowable as a  
deduction under section 404 for such preceding year,  
reduced by the sum of:  
a. The portion of that amount available for return under  
the applicable qualification rules and actually returned to the  
employer prior to the close of the current tax year; and  
(Section 4973(a)(3))  
Section 4973(a) imposes a 6% excise tax on excess  
contributions to section 403(b)(7)(A) custodial accounts at  
the close of the tax year. The tax is paid by the individual  
account holder.  
Line 1. Enter total current year contributions, less any  
rollover contributions described in section 403(b)(8) or 408(d)  
(3)(A).  
Line 2. Enter the amount excludable under section 415(c)  
(limit on annual additions).  
b. The portion of such amount that became deductible for  
a preceding tax year or for the current tax year.  
To determine the amount excludable for a specific  
year, see Pub. 571, Tax-Sheltered Annuity Plans  
(403(b) Plans), for that year.  
TIP  
Although pre-1987 nondeductible contributions are not  
subject to this excise tax, they are taken into account to  
determine the extent to which post-1986 contributions are  
deductible. See section 4972 and Pub. 560, Retirement  
Plans for Small Business, for details.  
The limit on annual additions under section 415(c)(1)(A) is  
subject to cost-of-living adjustments as described in  
section 415(d). The dollar limit for a calendar year, as  
adjusted annually, is published during the fourth quarter of  
the prior calendar year in the Internal Revenue Bulletin.  
Defined benefit plans exception. For purposes of  
determining the amount of nondeductible contributions  
subject to the 10% excise tax, the employer may elect not to  
include any contributions to a defined benefit plan except, in  
the case of a multiemployer plan, to the extent those  
contributions exceed the full-funding limitation (as defined in  
section 431(c)(6)). This election applies to terminated and  
ongoing plans. An employer making this election cannot also  
benefit from the exceptions for terminating plans and for  
certain contributions to defined contribution plans under  
section 4972(c)(6). When determining the amount of  
nondeductible contributions, the deductible limits under  
section 404(a)(7) must be applied first to contributions to  
defined contribution plans and then to contributions to  
defined benefit plans.  
Schedule C. Tax on Prohibited  
Transactions (Section 4975)  
Section 4975. Section 4975 imposes an excise tax on a  
disqualified person who engages in a prohibited transaction  
with the plan.  
Plan. For purposes of this section, the term “plan” means  
any of the following.  
A trust described in section 401(a) that forms part of a  
plan.  
A plan described in section 403(a) that is exempt from tax  
under section 501(a).  
Defined contribution plans exception. In determining  
the amount of nondeductible contributions subject to the 10%  
excise tax, do not include any of the following.  
An individual retirement account described in  
section 408(a).  
An individual retirement annuity described in  
Employer contributions to one or more defined contribution  
section 408(b).  
plans that are nondeductible solely because of  
section 404(a)(7) that do not exceed the matching  
contributions described in section 401(m)(4)(A).  
An Archer MSA described in section 220(d).  
A Coverdell education savings account described in  
section 530.  
Contributions to a SIMPLE 401(k) or a SIMPLE IRA  
A Health Savings Account (HSA) described in section  
considered nondeductible because they are not made in  
connection with the employer's trade or business. However,  
this provision pertaining to SIMPLEs does not apply to  
223(d).  
A trust described in section 501(c)(22).  
7
Instructions for Form 5330  
               
Note. For purposes of section 4975, the term “plan” does not  
include a section 403(b) tax-sheltered annuity plan. See  
section 4975(e).  
3. Furnishing of goods, services, or facilities between a  
plan and a disqualified person;  
4. Transfer to, or use by or for the benefit of, a disqualified  
person of income or assets of a plan;  
If the IRS determined at any time that your plan was a  
plan as defined above, it will always remain subject to  
5. Act by a disqualified person who is a fiduciary dealing  
with the income or assets of a plan in the disqualified  
person’s own interest or account; or  
6. Receipt of any consideration for a disqualified person’s  
own personal account by any disqualified person who is a  
fiduciary from any party dealing with the plan connected with  
a transaction involving the income or assets of the plan.  
!
CAUTION  
the excise tax on prohibited transactions under  
section 4975. This also applies to the tax on minimum  
funding deficiencies under section 4971.  
Disqualified person. A “disqualified person” is a person  
who is any of the following.  
1. A fiduciary.  
Exemptions. See sections 4975(d), 4975(f)(6)(B)(ii), and  
4975(f)(6)(B)(iii) for specific exemptions to prohibited  
transactions. Also, see section 4975(c)(2) for certain other  
transactions or classes of transactions that may become  
exempt.  
Line 1. Check the box that best characterizes the prohibited  
transaction for which an excise tax is being paid. A prohibited  
transaction is discrete unless it is of an ongoing nature.  
Transactions involving the use of money (loans, etc.) or other  
property (rent, etc.) are of an ongoing nature and will be  
treated as a new prohibited transaction on the first day of  
each succeeding tax year or part of a tax year that is within  
the taxable period.  
Line 2, column (b). List the date of all prohibited  
transactions that took place in connection with a particular  
plan during the current tax year. Also, list the date of all  
prohibited transactions that took place in prior years unless  
either the transaction was corrected in a prior tax year or the  
section 4975(a) tax was assessed in the prior tax year. A  
disqualified person who engages in a prohibited transaction  
must file a separate Form 5330 to report the excise tax due  
under section 4975 for each tax year.  
2. A person providing services to the plan.  
3. An employer, any of whose employees are covered by  
the plan.  
4. An employee organization, any of whose members are  
covered by the plan.  
5. A direct or indirect owner of 50% or more of:  
a. The combined voting power of all classes of stock  
entitled to vote, or the total value of shares of all classes of  
stock of a corporation;  
b. The capital interest or the profits interest of a  
partnership; or  
c. The beneficial interest of a trust or unincorporated  
enterprise in (a), (b), or (c), which is an employer or an  
employee organization described in (3) or (4) above. A  
limited liability company should be treated as a corporation or  
a partnership, depending on how the organization is treated  
for federal tax purposes.  
6. A member of the family of any individual described in  
(1), (2), (3), or (5). A “member of a family” is the spouse,  
ancestor, lineal descendant, and any spouse of a lineal  
descendant.  
7. A corporation, partnership, or trust or estate of which  
(or in which) any direct or indirect owner holds 50% or more  
of the interest described in (5a), (5b), or (5c) of such entity.  
For this purpose, the beneficial interest of the trust or estate  
is owned, directly or indirectly, or held by persons described  
in (1) through (5).  
8. An officer, director (or an individual having powers or  
responsibilities similar to those of officers or directors), a 10%  
or more shareholder or highly compensated employee  
(earning 10% or more of the yearly wages of an employer) of  
a person described in (3), (4), (5), or (7).  
Line 2, columns (d) and (e). The “amount involved in a  
prohibited transaction” means the greater of the amount of  
money and the fair market value (FMV) of the other property  
given, or the amount of money and the FMV of the other  
property received. However, for services described in  
sections 4975(d)(2) and (10), the amount involved only  
applies to excess compensation. For purposes of  
section 4975(a), FMV must be determined as of the date on  
which the prohibited transaction occurs. If the use of money  
or other property is involved, the amount involved is the  
greater of the amount paid for the use or the FMV of the use  
for the period for which the money or other property is used.  
In addition, transactions involving the use of money or other  
property will be treated as giving rise to a prohibited  
9. A 10% or more (in capital or profits) partner or joint  
venturer of a person described in (3), (4), (5), or (7).  
10. Any disqualified person, as described in (1) through (9)  
above, who is a disqualified person with respect to any plan  
to which a section 501(c)(22) trust applies, that is permitted  
to make payments under section 4223 of the Employee  
Retirement Income Security Act (ERISA).  
transaction occurring on the date of the actual transaction,  
plus a new prohibited transaction on the first day of each  
succeeding tax year or portion of a succeeding tax year  
which is within the taxable period. The “taxable period” for  
this purpose is the period of time beginning with the date of  
the prohibited transaction and ending with the earliest of:  
Prohibited transaction. A “prohibited transaction” is any  
1. The date the correction is completed,  
2. The date of the mailing of a notice of deficiency, or  
direct or indirect:  
1. Sale or exchange, or leasing of any property between  
a plan and a disqualified person; or a transfer of real or  
personal property by a disqualified person to a plan where  
the property is subject to a mortgage or similar lien placed on  
the property by the disqualified person within 10 years prior  
to the transfer, or the property transferred is subject to a  
mortgage or similar lien which the plan assumes;  
3. The date on which the tax under section 4975(a) is  
assessed.  
See the instructions for Schedule C, under Additional tax for  
failure to correct the prohibited transaction (section 4975(b)),  
for the definition of “correction.”  
2. Lending of money or other extension of credit between  
a plan and a disqualified person;  
8
Instructions for Form 5330  
     
Figure 1. Example for the Calendar 2022 Plan Year Used When Filing for the 2022 Tax Year  
Schedule C. Tax on Prohibited Transactions (Section 4975) (see instructions) Reported by the last day of the 7th  
month after the end of the tax year of the employer (or other person who must file the return)  
(a)  
Transaction  
number  
(b) Date of  
transaction  
(see  
(d) Amount involved in prohibited  
transaction (see instructions)  
(e) Initial tax on prohibited  
transaction (multiply each  
transaction in column (d) by the  
appropriate rate (see  
(c) Description of prohibited transaction  
instructions)  
instructions))  
(i)  
(ii)  
(iii)  
7-1-22  
Loan  
$6,000  
$900  
3 Add amounts in column (e). Enter here and on Part I, line 3a  
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$900  
Temporary Regulations section 141.4975-13 states  
that, until final regulations are written under section  
4975(f), the definitions of amount involved and  
on December 31, 2022, and the second occurring on  
January 1, 2023, and ending on December 31, 2023.  
Section 4975(a) imposes a 15% excise tax on the amount  
involved for each tax year or part thereof in the taxable period  
of each prohibited transaction.  
!
CAUTION  
correction found in Regulations section 53.4941(e)-1 will  
apply.  
Failure to transmit participant contributions. For  
purposes of calculating the excise tax on a prohibited  
transaction where there is a failure to transmit participant  
The Form 5330 for the year ending December 31,  
2022. The amount involved to be reported in Form 5330,  
Schedule C, line 2, column (d), for the 2022 plan year, is  
$6,000 (6 months x $1,000). The tax due is $900 ($6,000 x  
15%). (See Figure 1 above.) (Any interest and penalties  
imposed for the delinquent filing of Form 5330 and the  
delinquent payment of the excise tax for 2022 will be billed  
separately to the disqualified person.)  
contributions (elective deferrals) or amounts that would have  
otherwise been payable to the participant in cash, the  
amount involved is based on interest on those elective  
deferrals. See Rev. Rul. 2006-38.  
Column (e). The initial tax on a prohibited transaction is  
15% of the amount involved in each prohibited transaction for  
each year or part of a year in the taxable period. Multiply the  
amount in column (d) by 15%.  
The Form 5330 for the year ending December 31,  
2023. The excise tax to be reported on the 2023 Form 5330  
would include both the prohibited transaction of July 1, 2022,  
with an amount involved of $6,000, resulting in a tax due of  
$900 ($6,000 x 15%), and the second prohibited transaction  
of January 1, 2023, with an amount involved of $12,000 (12  
months x $1,000), resulting in a tax due of $1,800 ($12,000 x  
15%). (See Figure 2, later.) The taxable period for the second  
prohibited transaction runs from January 1, 2023, through  
December 31, 2023 (date of correction). Because there are  
two prohibited transactions with taxable periods running  
during 2023, the section 4975(a) tax is due for the 2023 tax  
year for both prohibited transactions.  
Example. The example of a prohibited transaction below  
does not cover all types of prohibited transactions. For more  
examples, see Regulations section 53.4941(e)-1(b)(4).  
A disqualified person borrows money from a plan in a  
prohibited transaction under section 4975. The FMV of the  
use of the money and the actual interest on the loan is $1,000  
per month (the actual interest is paid in this example). The  
loan was made on July 1, 2022 (date of transaction), and  
repaid on December 31, 2023 (date of correction). The  
disqualified person's tax year is the calendar year. On July  
31, 2024, the disqualified person files a delinquent Form  
5330 for the 2022 plan year (which in this case is the  
calendar year) and a timely Form 5330 for the 2023 plan year  
(which in this case is the calendar year). No notice of  
deficiency with respect to the tax imposed by section 4975(a)  
has been mailed to the disqualified person and no  
When a loan from a qualified plan that is a prohibited  
transaction spans successive tax years, constituting  
multiple prohibited transactions, and during those  
TIP  
years the first tier prohibited transaction excise tax rate  
changes, the first tier excise tax liability for each prohibited  
transaction is the sum of the products resulting from  
multiplying the amount involved for each year in the taxable  
period for that prohibited transaction by the excise tax rate in  
effect at the beginning of that taxable period. For more  
information, see Rev. Rul. 2002-43, 2002-32 I.R.B. 85 at  
example, the example in Rev. Rul. 2002-43 contains unpaid  
interest.  
assessment of such excise tax has been made by the IRS  
before the time the disqualified person filed the Forms 5330.  
Each prohibited transaction has its own separate taxable  
period that begins on the date the prohibited transaction  
occurred or is deemed to occur and ends on the date of the  
correction. The taxable period that begins on the date the  
loan occurs runs from July 1, 2022 (date of loan), through  
December 31, 2023 (date of correction). When a loan is a  
prohibited transaction, the loan is treated as giving rise to a  
prohibited transaction on the date the transaction occurs, and  
an additional prohibited transaction on the first day of each  
succeeding tax year (or portion of a tax year) within the  
taxable period that begins on the date the loan occurs.  
Therefore, in this example, there are two prohibited  
Additional tax for failure to correct the prohibited  
transaction (section 4975(b)). To avoid liability for  
additional taxes and penalties, and in some cases further  
initial taxes, a correction must be made within the taxable  
period. The term “correction” is defined as undoing the  
prohibited transaction to the extent possible, but in any case  
placing the plan in a financial position not worse than that in  
transactions, the first occurring on July 1, 2022, and ending  
9
Instructions for Form 5330  
 
Figure 2. Example for the Calendar 2023 Plan Year Used When Filing for the 2023 Tax Year  
Schedule C. Tax on Prohibited Transactions (Section 4975) (see instructions) Reported by the last day of the 7th  
month after the end of the tax year of the employer (or other person who must file the return)  
(a)  
Transaction  
number  
(b) Date of  
transaction  
(see  
(d) Amount involved in prohibited  
transaction (see instructions)  
(e) Initial tax on prohibited  
transaction (multiply each  
transaction in column (d) by the  
appropriate rate (see  
(c) Description of prohibited transaction  
instructions)  
instructions))  
(i)  
(ii)  
(iii)  
7-1-22  
1-1-23  
Loan  
Loan  
$6,000  
$900  
$12,000  
$1,800  
3 Add amounts in column (e). Enter here and on Part I, line 3a  
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$2,700  
which it would be if the disqualified person were acting under  
the highest fiduciary standards.  
Correcting certain prohibited transactions. Generally,  
if a disqualified person enters into a direct or indirect  
prohibited transaction, listed in (1) through (4) below, in  
connection with the acquisition, holding, or disposition of  
certain securities or commodities, and the transaction is  
corrected within the correction period, it will not be treated as  
a prohibited transaction and no tax will be assessed.  
If the prohibited transaction is not corrected within the  
taxable period, an additional tax equal to 100% of the amount  
involved will be imposed under section 4975(b). Any  
disqualified person who participated in the prohibited  
transaction (other than a fiduciary acting only as such) must  
pay this tax imposed by section 4975(b). Report the  
additional tax on Part I, Section A, line 3b.  
1. Sale or exchange, or leasing of any property between  
a plan and a disqualified person.  
2. Lending of money or other extension of credit between  
a plan and a disqualified person.  
Line 4. Check “No” if there has not been a correction of all of  
the prohibited transactions by the end of the tax year for  
which this Form 5330 is being filed. Attach a statement  
including item number from line 2a and description indicating  
when the correction will be made.  
Line 5. If more than one disqualified person participated in  
the same prohibited transaction, list on this schedule the  
name, address, and SSN or EIN of each disqualified person,  
other than the disqualified person who files this return.  
For all transactions, complete columns (a), (b), and (c). If  
the transaction has been corrected, complete columns (a)  
through (e). If additional space is needed, you may attach a  
statement fully explaining the correction and identifying  
persons involved in the prohibited transaction.  
Prohibited transactions and investment advice. The  
prohibited transaction rules of section 4975(c) will not apply  
to any transaction in connection with investment advice if the  
investment advice provided by a fiduciary adviser is provided  
under an eligible investment advice arrangement.  
3. Furnishing of goods, services, or facilities between a  
plan and a disqualified person.  
4. Transfer to, or use by or for the benefit of, a disqualified  
person of income or assets of a plan.  
However, if, at the time the transaction was entered into,  
the disqualified person knew or had reason to know that the  
transaction was prohibited, the transaction would be subject  
to the tax on prohibited transactions.  
For purposes of section 4975(d)(23), the term “correct”  
means to:  
Undo the transaction to the extent possible and in all cases  
to make good to the plan or affected account any losses  
resulting from the transaction, and  
Restore to the plan or affected account any profits made  
through the use of assets of the plan.  
The “correction period” is the 14-day period beginning on  
the date on which the disqualified person discovers or  
reasonably should have discovered that the transaction  
constitutes a prohibited transaction.  
For this purpose, an “eligible investment advice  
arrangement” is an arrangement that either:  
Provides that any fees, including any commission or other  
Schedule D. Tax on Failure To Meet  
Minimum Funding Standards  
(Section 4971(a))  
compensation, received by the fiduciary adviser for  
investment advice or with respect to the sale, holding, or  
acquisition of any security or other property for the  
investment of plan assets do not vary depending on the basis  
of any investment option selected; or  
In the case of a single-employer plan, section 4971(a)  
imposes a 10% tax on the aggregate unpaid minimum  
required contributions for all plan years remaining unpaid as  
of the end of any plan year. In the case of a multiemployer  
plan, section 4971(a) imposes a 5% tax on the amount of the  
accumulated funding deficiency determined as of the end of  
the plan year.  
Uses a computer model under an investment advice  
program, described in section 4975(f)(8)(C), in connection  
with investment advice provided by a fiduciary adviser to a  
participant or beneficiary.  
Additionally, the eligible investment advice arrangement must  
meet the provisions of sections 4975(f)(8)(D), (E), (F), (G),  
(H), and (I).  
If a plan fails to meet the funding requirements under  
section 412, the employer and all controlled group members  
will be subject to excise taxes under sections 4971(a) and  
(b).  
For purposes of the statutory exemption on investment  
advice, a “fiduciary adviser” is defined in  
section 4975(f)(8)(J).  
10  
Instructions for Form 5330  
           
Except in the case of a multiemployer plan, all members of  
a controlled group are jointly and severally liable for this tax.  
A “controlled group” in this case means a controlled group of  
corporations under section 414(b), a group of trades or  
businesses under common control under section 414(c), an  
affiliated service group under section 414(m), and any other  
group treated as a single employer under section 414(o).  
additional tax will be imposed under section 4971(f)(2) equal  
to the amount on which tax was imposed by  
section 4971(f)(1) for such quarter. Report the additional tax  
on Part I, Section B, line 9b.  
Schedule F. Tax on Multiemployer  
Plans in Endangered or Critical  
Status (Sections  
If the IRS determined at any time that your plan was a  
plan as defined on Schedule C, it will always remain  
!
CAUTION  
subject to the excise tax on failure to meet minimum  
4971(g)(3) and 4971(g)(4))  
funding standards.  
For years beginning after 2007, section 4971(g) imposes an  
excise tax on employers who contribute to multiemployer  
plans for failure to comply with a funding improvement or  
rehabilitation plan, failure to meet requirements for plans in  
endangered or critical status, or failure to adopt a  
Line 1. Enter the amount (if any) of the aggregate unpaid  
minimum required contributions (or in the case of a  
multiemployer plan, an accumulated funding deficiency as  
defined in section 431(a) (or section 418B if a multiemployer  
plan in reorganization)).  
rehabilitation plan. See the instructions for line 10a, earlier.  
Line 1. Under section 4971(g)(3), a multiemployer plan that  
is in seriously endangered status when it fails to meet its  
applicable benchmarks by the end of the funding  
Line 2. Multiply line 1 by the applicable tax rate shown below  
and enter the result.  
10% for plans other than multiemployer plans.  
5% for all multiemployer plans.  
Additional tax for failure to correct. For single-employer  
improvement period will be treated as having an accumulated  
funding deficiency for the last plan year in such period and  
each succeeding year until the funding benchmarks are met.  
plans, when an initial tax is imposed under section 4971(a)  
on any unpaid minimum required contribution and the unpaid  
minimum required contribution remains unpaid as of the  
close of the taxable period, an additional tax of 100% of the  
amount that remains unpaid is imposed under section  
4971(b).  
Similarly, a plan that is in critical status and either fails to  
meet the requirements of section 432 by the end of the  
rehabilitation period, or has received certification under  
section 432(b)(3)(A)(ii) for 3 consecutive plan years that the  
plan is not making the scheduled progress in meeting its  
requirements under the rehabilitation plan, will be treated as  
having an accumulated funding deficiency for the last plan  
year in such period and each succeeding plan year until the  
funding requirements are met.  
In both cases, the accumulated funding deficiency is an  
amount equal to the greater of the amount of the  
contributions necessary to meet the benchmarks or  
requirements, or the amount of the accumulated funding  
deficiency without regard to this rule. The existence of an  
accumulated funding deficiency triggers the initial 5% excise  
tax under section 4971(a).  
For multiemployer plans, when an initial tax is imposed  
under section 4971(a)(2) on an accumulated funding  
deficiency and the accumulated funding deficiency is not  
corrected within the taxable period, an additional tax equal to  
100% of the accumulated funding deficiency, to the extent  
not corrected, is imposed under section 4971(b).  
For this purpose, the “taxable period” is the period  
beginning with the end of the plan year where there is an  
unpaid minimum required contribution or an accumulated  
funding deficiency and ending on the earlier of:  
The date the notice of deficiency for the section 4971(a)  
A plan is in “endangered status” if either of the following  
excise tax is mailed, or  
occurs.  
The date the section 4971(a) excise tax is assessed.  
Report the tax for failure to correct the unpaid minimum  
The plan's actuary timely certifies that the plan is not in  
critical status for that plan year and at the beginning of that  
plan year the plan's funded percentage for the plan year is  
less than 80%.  
required contribution or the accumulated funding deficiency  
on Part I, Section B, line 8b.  
The plan has an accumulated funding deficiency for the  
Schedule E. Tax on Failure To Pay  
plan year or is projected to have such an accumulated  
funding deficiency for any of the 6 succeeding plan years,  
taking into account any extension of amortization periods  
under section 431(d).  
Liquidity Shortfall (Section 4971(f)(1))  
If your plan has a liquidity shortfall for which an excise tax  
under section 4971(f)(1) is imposed for any quarter of the  
plan year, complete lines 1 through 4.  
A plan is in “critical status” if it is determined by the  
multiemployer plan's actuary that one of the four formulas in  
section 432(b)(2) is met for the applicable plan year.  
Line 1. Enter the amount of the liquidity shortfall(s) for each  
quarter of the plan year.  
All or part of this excise tax may be waived due to  
Line 2. Enter the amount of any contributions made to the  
plan by the due date of the required quarterly installment(s)  
that partially corrected the liquidity shortfall(s) reported on  
line 1.  
Line 3. Enter the net amount of the liquidity shortfall.  
(Subtract line 2 from line 1.)  
Additional tax for failure to correct liquidity shortfall.  
If the plan has a liquidity shortfall as of the close of any  
quarter and as of the close of the following 4 quarters, an  
reasonable cause.  
Line 2. Under section 4971(g)(4), the plan sponsor of a  
multiemployer plan in critical status, as defined above, will be  
liable for an excise tax for failure to adopt a rehabilitation plan  
within the time prescribed under section 432. The tax is equal  
to the greater of:  
The amount of tax imposed under section 4971(a)(2); or  
An amount equal to $1,100, multiplied by the number of  
days in the tax year which are included in the period that  
begins on the first day following the close of the 240-day  
11  
Instructions for Form 5330  
         
period that a multiemployer plan has to adopt a rehabilitation  
plan once it has entered critical status and that ends on the  
day the rehabilitation plan is adopted. Section 432(e)(1)(A)  
allows the plan sponsor to adopt a rehabilitation plan within  
the 240-day period following the required date for the  
employer contributions that could have been made without  
violating the special nondiscrimination requirements of  
section 401(k)(3) or section 408(k)(6) in the instance of  
certain SEPs.  
The excess aggregate contributions subject to the section  
4979 excise tax are equal to the amount by which the  
aggregate matching contributions of the employer and the  
employee contributions (and any qualified nonelective  
contribution or elective contribution taken into account in  
computing the contribution percentage under section  
401(m)) actually made on behalf of the highly compensated  
employees for each plan year exceed the maximum amount  
of contributions permitted in the contribution percentage  
computation under section 401(m)(2)(A).  
actuarial certification of critical status in section 432(b)(3)(A).  
Liability for this tax is imposed on each plan sponsor. This  
excise tax may not be waived.  
Follow the instructions as defined above for counting  
days and completing line 2b.  
!
CAUTION  
Complete line 2b as instructed below. Enter the number of  
days during the tax year that are included in the period  
beginning on the first day following the close of the 240-day  
period and ending on the day the rehabilitation plan is  
adopted.  
However, there is no excise tax liability if the excess  
contributions or the excess aggregate contributions and any  
income earned on the contributions are distributed (or, if  
forfeitable, forfeited) to the participants for whom the excess  
contributions were made within 21/2 months after the end of  
the plan year.  
Schedule G. Tax on Excess Fringe  
Benefits (Section 4977)  
If you made an election to be taxed under section 4977 to  
continue your nontaxable fringe benefit policy that was in  
existence on or after January 1, 1984, check “Yes” on line 1  
and complete lines 2 through 4.  
Schedule I. Tax on Reversion of  
Qualified Plan Assets to an Employer  
(Section 4980)  
Line 3. Excess fringe benefits are calculated by subtracting  
1% of the aggregate compensation paid by you to your  
employees during the calendar year that was includible in  
their gross income from the aggregate value of the  
Section 4980 imposes an excise tax on an employer  
reversion of qualified plan assets to an employer. Generally,  
the tax is 20% of the amount of the employer reversion. The  
excise tax rate increases to 50% if the employer does not  
establish or maintain a qualified replacement plan following  
the plan termination or provide certain pro-rata benefit  
increases in connection with the plan termination. See  
section 4980(d)(1)(A) or (B) for more information.  
nontaxable fringe benefits under sections 132(a)(1) and (2).  
Schedule H. Tax on Excess  
Contributions to Certain Plans  
(Section 4979)  
An “employer reversion” is the amount of cash and the  
FMV of property received, directly or indirectly, by an  
employer from a qualified plan. For exceptions to this  
definition, see section 4980(c)(2)(B) and section 4980(c)(3).  
Any employer who maintains a plan described in section  
401(a), 403(a), 403(b), 408(k), or 501(c)(18) may be subject  
to an excise tax on excess aggregate contributions made on  
behalf of highly compensated employees. The employer may  
also be subject to an excise tax on excess contributions to a  
cash or deferred arrangement connected with the plan.  
A “qualified plan” is:  
Any plan meeting the requirements of section 401(a) or  
403(a), other than a plan maintained by an employer if that  
employer has at all times been exempt from federal income  
tax; or  
The tax is on the excess contributions and the excess  
aggregate contributions made to or on behalf of the highly  
compensated employees as defined in section 414(q).  
A governmental plan within the meaning of section 414(d).  
Terminated defined benefit plan. If a defined benefit  
Generally, a highly compensated employee” is an  
employee who:  
plan is terminated, and an amount in excess of 25% of the  
maximum amount otherwise available for reversion is  
transferred from the terminating defined benefit plan to a  
defined contribution plan, the amount transferred is not  
treated as an employer reversion for purposes of  
section 4980. However, the amount the employer receives is  
subject to the 20% excise tax. For additional information, see  
Rev. Rul. 2003-85, 2003-32 I.R.B. 291 at www.irs.gov/irb/  
Lines 1 through 4. Enter the date of reversion on line 1.  
Enter the reversion amount on line 2a and the applicable  
excise tax rate on line 2b. If you use a tax percentage other  
than 50% on line 2b, explain on line 4 why you qualify to use  
a rate other than 50%.  
1. Was a 5% owner at any time during the year or the  
preceding year; or  
2. For the preceding year, had compensation from the  
employer in excess of a dollar amount for the year ($150,000  
for 2023) and, if the employer so elects, was in the top paid  
group for the preceding year.  
An employee is in the “top-paid group” for any year if the  
employee is in the group consisting of the top 20% of  
employees when ranked on the basis of compensation paid.  
An employee (who is not a 5% owner) who has  
compensation in excess of $150,000 is not a highly  
compensated employee if the employer elects the top-paid  
group limitation and the employee is not a member of the  
top-paid group.  
The excess contributions subject to the section 4979  
excise tax are equal to the amount by which employer  
contributions actually paid over to the trust exceed the  
12  
Instructions for Form 5330  
             
If the person subject to liability for the excise tax exercised  
reasonable diligence to meet the notice requirement, the total  
excise tax imposed during a tax year of the employer will not  
exceed $500,000. Furthermore, in the case of a failure due to  
reasonable cause and not to willful neglect, the Secretary of  
the Treasury is authorized to waive the excise tax to the  
extent that the payment of the tax would be excessive relative  
to the failure involved. See Rev. Proc. 2013-4, 2013-1 I.R.B.  
123, as revised by subsequent documents, available at  
follow in applying for a waiver of part or all of the excise tax  
due to reasonable cause.  
Schedule J. Tax on Failure To Provide  
Notice of Significant Reduction in  
Future Accruals (Section 4980F)  
Section 204(h) notice. Section 4980F imposes an excise  
tax on an employer (or, in the case of a multiemployer plan,  
the plan) for failure to give section 204(h) notice of plan  
amendments that provide for a significant reduction in the  
rate of future benefit accrual or the elimination or significant  
reduction of an early retirement benefit or retirement-type  
subsidy. The tax is $100 per day per each applicable  
individual and each employee organization representing  
participants who are applicable individuals for each day of  
the noncompliance period. This notice is called a “section  
204(h) notice” because section 204(h) of ERISA has parallel  
notice requirements.  
An “applicable individual” is a participant in the plan, or an  
alternate payee of a participant under a qualified domestic  
relations order, whose rate of future benefit accrual (or early  
retirement benefit or retirement-type subsidy) under the plan  
may reasonably be expected to be significantly reduced by a  
plan amendment. (For plan years beginning after December  
31, 2007, the requirement to give 204(h) notice was extended  
to an employer who has an obligation to contribute to a  
multiemployer plan.)  
Line 4. A failure occurs on any day that any applicable  
individual (AI) is not provided section 204(h) notice.  
Example. There are 1,000 AIs. The plan administrator  
fails to give section 204(h) notice to 100 AIs for 60 days, and  
to 50 of those AIs for an additional 30 days. In this case, there  
are 7,500 failures ((100 AIs x 60 days) + (50 AIs x 30 days) =  
7,500).  
Schedule K. Tax on Prohibited Tax  
Shelter Transactions (Section 4965)  
Section 4965 provides that an entity manager of a tax-exempt  
organization may be subject to an excise tax on prohibited  
tax shelter transactions under section 4965. In the case of a  
plan entity, an entity manager is any person who approves or  
otherwise causes the tax-exempt entity to be a party to a  
prohibited tax shelter transaction. The excise tax is $20,000  
and is assessed for each approval or other act causing the  
organization to be a party to the prohibited tax shelter  
transaction.  
Whether a participant, alternate payee, or an employer (as  
described in the above paragraph) is an applicable individual  
is determined on a typical business day that is reasonably  
approximate to the time the section 204(h) notice is provided  
(or on the latest date for providing section 204(h) notice, if  
earlier), based on all relevant facts and circumstances. For  
more information in determining whether an individual is a  
participant or alternate payee, see Regulations  
Schedule L. Tax on Failure of a  
Cooperative and Small Employer  
Charity (CSEC) Plan Sponsor To  
Adopt Funding Restoration Plan  
section 54.4980F-1, Q&A 10.  
The “noncompliance period” is the period beginning on  
the date the failure first occurs and ending on the date the  
notice of failure is provided or the failure is corrected.  
Exceptions. The section 4980F excise tax will not be  
imposed for a failure during any period in which the following  
occurs.  
1. Any person subject to liability for the tax did not know  
that the failure existed and exercised reasonable diligence to  
meet the notice requirement. A person is considered to have  
exercised reasonable diligence but did not know the failure  
existed only if:  
a. The responsible person exercised reasonable  
diligence in attempting to deliver section 204(h) notice to  
applicable individuals by the latest date permitted; or  
b. At the latest date permitted for delivery of section  
204(h) notice, the person reasonably believed that section  
204(h) notice was actually delivered to each applicable  
individual by that date.  
(Section 4971(h))  
A CSEC plan is:  
a defined benefit plan (other than a multiemployer plan)  
including an eligible cooperative plan (as defined in section  
104 of the PPA 06);  
a plan that, as of June 25, 2010, was maintained by more  
than one section 501(c)(3) organization;  
a plan that, as of June 25, 2010, was maintained by a  
single employer that was a 501(c)(3) organization chartered  
under Part B, Subtitle II, Title 36 of the U.S.C., whose primary  
exempt purpose is to provide services with respect to  
children, and which has employees in at least 40 states; or  
any plan that, as of January 1, 2000, was maintained by an  
employer that is a 501(c)(3) organization, has been in  
existence since at least 1938, conducts medical research  
directly or indirectly through grant making, and has a primary  
exempt purpose to provide services with respect to mothers  
and children (section 414(y)(1), amended by section 3609 of  
the Coronavirus Aid, Relief, and Economic Security (CARES)  
Act (P.L. 116-136)).  
2. Any person subject to liability for the tax exercised  
reasonable diligence to meet the notice requirement and  
corrects the failure within 30 days after the employer (or other  
person responsible for the tax) knew, or exercising  
reasonable diligence would have known, that the failure  
existed.  
Section 433(j)(3) requires a CSEC plan sponsor to  
establish a written funding restoration plan within 180 days of  
the receipt by the plan sponsor of a certification from the plan  
actuary that the plan is in funding restoration status for a plan  
year. Section 4971(h) imposes an excise tax on the CSEC  
plan sponsor for the plan in funding restoration status for the  
Generally, section 204(h) notice must be provided at least  
45 days before the effective date of the section 204(h)  
amendment. For exceptions to this rule, see Regulations  
section 54.4980F-1, Q&A 9.  
13  
Instructions for Form 5330  
       
failure to adopt a funding restoration plan within the time  
prescribed under section 433(j)(3).  
A CSEC plan is treated as being in funding restoration  
status for a plan year if the plan's funded percentage as of  
the beginning of such plan year is less than 80%. Funded  
percentage means the ratio that the value of plan assets  
bears to the plan's funding liability.  
Line 1. Under section 4971(h)(2), the excise tax amount with  
respect to any CSEC plan sponsor for any tax year should be  
the amount equal to $100 multiplied by the number of days  
during the tax year that are included in the period beginning  
on the day following the close of the 180-day period  
described in section 433(j)(3) and ending on the day on  
which the funding restoration plan is adopted.  
Line 2. Calculate the excise tax amount by multiplying days  
entered on line 1 by $100. Enter the excise tax amount on  
line 2 and on Part I, line 10d.  
administering their tax laws. We may also disclose this  
information to federal and state or local agencies to enforce  
federal nontax criminal laws and to combat terrorism.  
You are not required to provide the information requested  
on a form that is subject to the Paperwork Reduction Act  
unless the form displays a valid OMB control number. Books  
or records relating to a form or its instructions must be  
retained as long as their contents may become material in the  
administration of any Internal Revenue law. Generally, tax  
returns and return information are confidential, as required by  
section 6103.  
The time needed to complete and file this form will vary  
depending on individual circumstances. The estimated  
average time is:  
Recordkeeping. . . . . . . . . . .  
30 hr., 22 min.  
15 hr., 45 min.  
18 hr., 08 min.  
Learning about the law or  
the form . . . . . . . . . . . . . . . .  
All or part of this excise tax may be waived if the IRS  
determines that a failure is due to reasonable cause and not  
to willful neglect.  
Preparing and sending the  
form to the IRS . . . . . . . . . . .  
Privacy Act and Paperwork Reduction Act Notice. We  
ask for the information on this form to carry out the Internal  
Revenue laws of the United States. This form is required to  
be filed under sections 4965, 4971, 4972, 4973, 4975, 4976,  
4977, 4978, 4979, 4979A, 4980, and 4980F of the Internal  
Revenue Code. Section 6109 requires you to provide your  
identifying number. If you fail to provide this information in a  
timely manner, you may be liable for penalties and interest.  
Routine uses of this information include giving it to the  
Department of Justice for civil and criminal litigation, and to  
cities, states, and the District of Columbia for use in  
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. Do not send Form 5330 to this address. Instead,  
see Where To File, earlier.  
14  
Instructions for Form 5330  
Index  
A
Amended return 3, 6  
Amount involved 5  
Late payment 3  
Purpose of form 1  
Liquidity shortfall:  
Additional tax 11  
Q
Listed transaction 6  
Qualified ESOP securities 5  
M
C
R
Minimum funding standards,  
Claim for refund 3  
Reversion of qualified plan  
failure 10  
assets 12  
Qualified plan 12  
D
N
Terminated defined benefit plan 12  
Disqualified benefit, funded welfare  
Nonallocation period 5  
plans 4  
S
Nondeductible employer  
Disqualified person 10  
Due dates 3  
contributions 7  
Section 403(b) plan 7  
Section 4965 6, 13  
Section 4971(a) 10  
Section 4971(b) 10  
Section 4971(f) 11  
Section 4971(g) 11  
Section 4971(g)(2) 6  
Section 4971(g)(3) 11  
Section 4971(g)(4) 11  
Section 4971(h) 13  
Section 4972 7  
Exception, defined benefit plan 7  
Exception, defined contribution  
plan 7  
E
Eligible investment advice  
Nondeductible contributions 7  
Qualified plan 7  
arrangement 10  
Employer reversion 12  
Entity manager 6  
ESOP 5  
Notice of significant reduction in  
future accruals 13  
Applicable individual 13  
Prohibited allocations 5  
ESOP dispositions 5  
Excess contributions:  
403(b)(7) plans 7  
P
Payment of taxes 6  
Penalty 3  
Section 4973(a)(3) 7  
Section 4975 7  
Section 4979 12  
Late payment 3  
Excise tax due dates 3, 5  
Extension 2  
Section 4976 4  
Private delivery services 3  
Prohibited allocation:  
Disqualified person 6  
ESOP 5  
Section 4977 12  
Section 4979 12  
F
Section 4979A 5  
Section 4980 12  
Form 5558 2  
Nonallocation period 5  
Synthetic equity 5  
Section 4980F 13  
Summary of taxes due 4  
Synthetic equity 5  
Amount involved 5  
Funded welfare plans 4  
Worker-owned cooperative 5  
Prohibited reportable transaction 6  
Prohibited tax shelter transaction 6  
Entity manager 6  
H
How to file 2  
T
I
Prohibited transaction 7  
Correcting 10  
Table of due dates 3  
Interest 3  
Investment advice 10  
Correction period 10  
Definition 8  
W
When to file 2  
L
Disqualified person 8  
Exemptions 8  
Where to file 2  
Late filing 3  
Interest 3  
Who must file 1  
Failure to correct 9  
Worker-owned cooperative 5  
Penalty 3  
Investment advice 10  
15