What year 5330?

Plan failed 2019 ADP test.  Refunds are being done now.

What 5330 would i use?  I figured 2019.  However, is the form considered late (calendar year plan--it's even past the extension date)?

it is considered late since that is one you cant even extend. that is due 7/31 no matter what

12 minutes ago, mattmc82 said:

it is considered late since that is one you cant even extend. that is due 7/31 no matter what

On reading the instructions again, it seems as though we ahve until March 2021 to file and pay the tax.

Section 4979

last day of the 15th month after the close of the plan year to which
the excess contributions or excess aggregate contributions relate.

On ‎11‎/‎2‎/‎2020 at 12:13 PM, BG5150 said:

On reading the instructions again, it seems as though we ahve until March 2021 to file and pay the tax.

BG5150, I think the correct way to interpret the statute (IRC sec. 4979) and the instructions is that the failure here relates to 2019, the year of the failed ADP test. You had until March 15, 2020 to distribute without the 10% excise tax, but having not done that, you were supposed to file the 5330 by March 31, 2020.

Note that the form and its instructions seem to me to give the misleading impression that the excise tax is imposed on all your excess contributions and aggregate contributions if you did not distribute all of them by the 2-1/2 months after end of testing failure year deadline. The statute and regs are clear that it is only the offending amounts that are not distributed by the deadline that are subject to the tax.