Reg. § 54.6011-1 General requirement of return, statement, or list.

26 CFR § 54.6011-1eCFR, current through 2026-07-14

(a) Minimum funding standards or excess contributions for self-employed individuals and section 403(b)(7)(A) custodial accounts Any employer or individual liable for tax under section , or (for a custodial account under section ) shall file an annual return on Form 5330 and shall include therein the information required by such form and the instructions issued with respect thereto.

(b) Tax on prohibited transactions Every disqualified person (as defined in section ) liable for the tax imposed under section with respect to a prohibited transaction shall file an annual return on Form 5330 and shall include therein the information required by such form and the instructions issued with respect thereto. The annual return on Form 5330 shall be filed with respect to each prohibited transaction and for each taxable year (or part thereof) of the disqualified person in the taxable period (as defined in section ) beginning on the date on which such prohibited transaction occurs.

(c) Entity manager tax on prohibited tax shelter transactions

(1) In general Any entity manager of a tax-exempt entity described in section , (c)(5), (c)(6), or (c)(7) who is liable for tax under section shall file a return on Form 5330, “Return of Excise Taxes Related to Employee Benefit Plans,” on or before the 15th day of the fifth month following the close of such entity manager's taxable year during which the entity entered into the prohibited tax shelter transaction, and shall include therein the information required by such form and the instructions issued with respect thereto.

(2) Transition rule A Form 5330, “Return of Excise Taxes Related to Employee Benefit Plans,” for an excise tax under section that was due on or before October 4, 2007, will be deemed to have been filed on the due date if it was filed by October 4, 2007, and if the section tax that was required to be reported on that Form 5330 was paid by October 4, 2007.

(d) Effective/applicability date of this section is applicable on July 6, 2007.

[T.D. 7838, 47 FR 44249, Oct. 7, 1982, as amended by T.D. 9334, 72 FR 36873, July 6, 2007; T.D. 9492, 75 FR 38708, July 6, 2010; 75 FR 46845, Aug. 4, 2010]