In a blog post dated May 10, 2024, we discussed the Form 5330, an excise tax return used by certain employers and individuals to pay penalty taxes with respect to employee benefit plans, must be filed electronically for taxable years ending on or after December 31, 2023 if the filer is required to file at least 10 returns of any type. As described further in that blog post, this electronic filing requirement had the potential to create issues for sponsors of qualified retirement plans because there was not an Authorized e-file Provider (“AEP”) with the capability of electronically filing Forms 5330. Without relief from the Internal Revenue Service (“IRS”), employers would not have the option of filing the Forms 5330 by paper even with the lack of AEPs.
In welcome news, on July 12, 2024, the IRS updated its website and announced in its Employee Plan News email alert on July 17, 2024, that the IRS would permit paper filing of the Form 5330 for tax years 2023 and 2024. In providing this relief, the IRS noted that it has only one authorized AEP for filing Forms 5330 at this time. To get the relief from the electronic filing requirement, the IRS noted that employers must document the lack of AEPs as the reason for filing the Form 5330 on paper rather than electronically.