Step 1 of 5 · Who owes the tax
Form 5330 — Section B1: Excess fringe benefits
The 30% tax an employer owes when it elects under §4977(a) to keep providing certain fringe benefits that would otherwise be taxable to its employees.
This return reports Section B1 taxes only.
A Form 5330 may report the taxes of one section. If you also owe an excise tax from another section, it has its own due date and needs its own Form 5330 — start a second one from the section list.
Due: The last day of the 7th month after the end of the calendar year in which the excess fringe benefits were paid to your employees.
Who owes the tax
Form 5330 is filed by the person or entity liable for the excise tax — which is not always the plan or its sponsor. Give the EIN for an entity, or the SSN if an individual owes the tax.