Note:

The problem exists because the prohibited transaction statute of limitation date is based on the filing of the Form 5500 in which the prohibited transaction occurred or is deemed to have occurred, and not the filing of the Form 5330.

All SFRs other than Forms 5330 for IRC 4975 excise tax: IMF and BMF incorrectly calculate a 3-year statute date for SFRs. When a return has not been filed by the Taxpayer, the statute of limitations has not begun to run. Update the statute of limitations to alpha code "EE" per IRM 4.70.12.3.7.7, Use of Alpha Codes, when no return has been filed and the statute of limitations has not begun to run.