Form 5330

[52626]

The excise tax for late deposit is less than $100.

The VFCP Program states if the amount is de minimis ( less than $100), the excise tax is deposited to the Trust and allocated to the impacted participants.

Question:

If the Plan Sponsor is NOT filing under VFCP, does the di minimis rule still apply?

If so, what happens to the filng of Form 5330? Since the tax was deposited to the plan, does the Plan Sponsor just maintain the form for future reference in the evnet of an audit, or doed the form still get filed with no payment?

[D Lewis]

See this thread:

http://benefitslink.com/boards/index.php?s...st&p=211802

If you go this route, I don't think you file the 5330 at all - not to the IRS with $0 due, and not just a paper version kept in your file. At least we haven't done that.