Filing Requirement for Excess Contributions

[billfgrady]

An employer who sponsors a 401(k) Profit Sharing Plan failed its ADP test and distributed excess contributions and any income earned on the contributions to participants within 2 1/2 months after the end of the plan year. I'm not certain whether the employer is required to file Form 5330 in this setting. Although the instructions to Form 5330 are clear that there is no excise tax liability if the excess contributions are distributed within the requisite time period, the instructions are not entirely clear whether such employer must file. The "Who Must File" Section states that a Form 5330 must be filed by: "9. Any employer who is liable for the tax under section 4979 on excess contributions to plans with a cash or deferred arrangement." This leads me to believe that the answer is that there is probably not a filing requirement. Anyone have any experience with Form 5330?

[Blinky the 3-eyed Fish]

No excise tax, no filing.