What changed and when comments are due

The IRS has opened a public comment window on the paperwork burden tied to employer “employee benefit excise tax” filings—most notably Form 5330 (Return of Excise Taxes Related to Employee Benefit Plans). In a January 12, 2026 Federal Register notice, the agency set a comment deadline of March 13, 2026 and listed the affected Office of Management and Budget control number as 1545-0575. The notice estimates 26,460 respondents, with an average 47 hours and 26 minutes per response, totaling about 1.26 million annual burden hours. Fleet operators and owner-operators with employees who sponsor retirement or benefit plans can weigh in on whether these estimates reflect real-world workload and how to reduce burden without sacrificing compliance.

Why it matters to trucking employers

If you offer a 401(k), ESOP, or certain welfare benefits, you can trigger excise taxes in specific situations—such as nondeductible plan contributions, prohibited transactions (for example, late remittance of employee deferrals), funding deficiencies, or certain ESOP stock dispositions. These liabilities are generally reported and paid on Form 5330. For small and mid-sized carriers that run lean HR and payroll teams, the filing process (and the data gathering behind it) can be complex. The comment period is a chance to tell the IRS which parts of the forms or instructions are unclear, duplicative, or out of step with modern payroll/benefits systems—particularly for multi-state fleets with third-party administrators.

Form 5330 basics truckers should revisit

What it covers: Form 5330 is used to report excise taxes tied to employee benefit plans under a range of Internal Revenue Code sections, including nondeductible contributions (section 4972), prohibited transactions (4975), minimum funding failures (4971), disqualified welfare benefits (4976), excess fringe benefits (4977), certain ESOP transactions (4978/4979A), and reversions of plan assets (4980).
E-filing expectations: Under existing rules, filers that submit at least 10 returns of any type in the year generally must e-file Form 5330 for tax years ending on or after December 31, 2023.
Extensions: To request more time to file Form 5330, use Form 8868; it can provide up to a six-month extension to file (but not to pay). Make sure your team has switched from legacy extension processes that no longer apply.

For many fleets, aligning payroll, recordkeeping, and plan service providers to capture the right data early—especially around the timing of employee contribution deposits—can prevent last-minute scrambles and potential excise tax exposure.

Don’t forget health-plan excise exposures (Form 8928)

Separate from Form 5330, employers that sponsor group health plans may owe excise taxes on failures related to COBRA continuation coverage, HIPAA portability/market reforms, and comparable HSA contribution rules. Those liabilities are generally reported on Form 8928. While this week’s notice focuses on the Form 5330 collection, many trucking employers sponsor both retirement and health benefits—so it’s smart to confirm that your COBRA administration, mental health parity/market reform compliance, and HSA comparability practices are buttoned up to avoid Form 8928 exposure.

How to use the IRS comment window

Assess burden with your advisors: Map all Form 5330 scenarios your fleet has faced in the last three years (for example, late 401(k) deposit excise taxes or ESOP transactions). Note the hours spent collecting data, preparing, and filing.
Pinpoint pain points: Identify unclear instructions, duplicate data entry, or trouble spots in e-filing. If you rely on a third-party administrator, ask where their systems struggle to produce what Form 5330 requires.
Propose fixes: Suggest changes that would keep the IRS’s compliance goals intact but reduce friction—for example, clearer cross-references to Form 5500 data, standardized data schemas for service providers, or additional examples for common small-employer errors.
Document real numbers: The Federal Register notice invites feedback on whether the collection is necessary, the accuracy of burden estimates, and ways to minimize burden. Bring specific time and cost data to support your suggestions.

Comments are due by Friday, March 13, 2026. If you plan to file, coordinate with your benefits counsel or CPA so your submission is practical and reflects how trucking operations actually work, including night and weekend payrolls, multi-state hiring, and high turnover typical in the sector.

Bottom line for carriers

The IRS isn’t changing the excise taxes themselves with this notice; it’s testing whether the current forms and processes fit reality. For owner-operators who have grown into small employers and for regional carriers with formal benefit plans, this is a low-cost chance to shape a process you’ll live with during the next renewal cycle. Use the window to make Form 5330 and related workflows clearer, faster, and less risky for your shop.

Sources Consulted: Federal Register (govinfo); IRS Instructions for Form 5330; IRS About/Instructions for Form 8928; Justia Regulation Tracker summary of the January 12, 2026 notice.

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This article was prepared exclusively for truckstopinsider.com. For professional tax advice, consult a qualified professional.