Does an Employer pay an excise tax on de minimus excess contributions?

[Guest Stone Cowboy]

I have an excess contribution to return that is less than $100. The IRS requires this to be taxable in the year it is distributed, regardless of whether or not I have met the 2 1/2 month deadline. Is there an excise tax on this de minimus amount to the employer?

[RCK]

I don't see anything in the 5330 instructions that lists a de mimimus level. It says what's the excess, and what's 10% of that. I'd guess that if your refund was less than $5.00, then your excise tax would be rounded 0.

I'd also say that filing the 5330 with the $10 excise tax is cheap insurance that you've done everything right.