Step 1 of 6 · 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 whoever is liable for the excise tax. That is not automatically the plan, its sponsor, the account's custodian, the plan administrator, or the person filling this in — and whoever signs is asked for separately, later.