EP – Consideration of Statute of Limitations for Forms 5330, and 900-T

Except for prohibited transactions, the statute of limitations (SOL) for assessment of taxes expires three years from the later of the due date of the return, or the date the return is filed (See IRC 6501(a)).

Generally, for any tax other than IRC 4975 excise tax and UBIT, there will not be a SOL date when a return is not filed.

A return is deemed filed on its due date if filed on or before its due date.

Forms 5330 filed for IRC 4975 excise tax: The three year statute of limitations for assessment of taxes begins on the later of:

The date the related Form 5500 series return is filed, or

The date due, if the prohibited transaction is sufficiently disclosed (See IRC 6501(l)(1) ).