Completing a Power of Attorney Form for Form 5330

 

Do you represent a taxpayer who has filed or needs to file Form 5330 PDF, Return of Excise Taxes Related to Employee Benefit Plans (instructions PDF)? If so, you may need to complete Form 2848 PDF, Power of Attorney and Declaration of Representative (instructions PDF). The taxpayer information included on Form 2848 will depend on the specific excise taxes reported on Form 5330.
 

For Form 5330 filed for IRC Sections 4971 (but not 4971(g)(4)), 4972, 4975, 4976, 4977, 4978, 4979, 4979A, 4980, or 4980F excise taxes imposed on the employer.

  1. Line 1 Taxpayer Information: Enter the taxpayer’s (employer’s) name, address, telephone number, EIN and the plan number. For IRC Section 4975, enter this information for the disqualified person.

  2. Line 2 Representative: Provide your name, address, telephone number and CAF number.
  3. Line 3 Tax Matters: Enter "excise tax" and list Form 5330 as the tax form with the specific year(s) or period(s) for which Form 5330 is being filed (using the term “all” or leaving the item blank is not acceptable).
  4. Lines 4-7: Complete using the instructions.
  5. Part II Declaration of Representative: List your designation and jurisdiction. Unenrolled Return Preparers should enter in the jurisdiction box: their two-letter state abbreviation for the state and the year(s) of the Form(s) 5330 they prepared.
  6. Sign and date the form.

Note: for IRC Sections 4978 and 4979A, the taxpayer could be a worker-owned cooperative.
 

For Form 5330 filed for IRC Sections 4965, 4971(g)(4), 4973(a)(3), 4975, 4980F excise taxes imposed on someone other than the employer, the taxpayer information on Line 1 will be someone other than the employer. The other steps for completing Form 2848 remain the same. See below for the information that should be reported on line 1, Taxpayer Information, based on the person or entity liable for the tax.

  • IRC Section 4965 excise taxes imposed on the entity manager
    Line 1 Taxpayer Information: Use the plan entity manager’s name, address, and telephone number instead of the employer’s.
  • IRC Section 4971(g)(4) excise taxes imposed on a multiemployer plan sponsor
    Line 1 Taxpayer Information: Use the multiemployer plan sponsor’s name, address, and telephone number instead of the employer’s. The term "plan sponsor" means, for any multiemployer plan, the association, committee, joint board of trustees, or other similar group of representatives of the parties who establish or maintain the plan.
  • IRC Section 4973(a)(3) excise taxes on excess contributions
    Line 1 Taxpayer Information: Give the individual’s name, address, telephone number, and Social Security number instead of the employer’s.
  • IRC Section 4975 excise taxes for disqualified person other than the employer
    Line 1 Taxpayer Information: Give the name of the entity or individual committing the act, their address, telephone number, EIN or Social Security number (depending on whether the disqualified person is an entity or an individual), and the plan number.
  • IRC Section 4980F excise tax imposed on a multiemployer plan
    Line 1 Taxpayer Information: Give the name of the authorized member(s) of the board of trustees representing the plan, their address, telephone number, EIN, and the plan number.

Note about Unenrolled Preparers
An unenrolled return preparer cannot be a Power of Attorney unless a Form 5330 has already been filed and he or she prepared it. Unenrolled return preparers cannot represent a taxpayer for the initial preparation of Form 5330 or any other return.

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