Instructions for IRS Form 5300 "Application for Determination for Employee Benefit Plan"

ADVERTISEMENT
Instructions for Form 5300
Department of the Treasury
Internal Revenue Service
(Rev. January 2017)
Application for Determination for Employee Benefit Plan
submits one Form 5300 application for
a DC plan, the DB plan is considered
Section references are to the Internal Revenue
Code unless otherwise noted.
the plan in the name of the controlling
terminated.
member. Any application for an
Future Developments
Terminating plan. If the plan is a
employer wishing to receive its own
terminating plan, file Form 5310,
For the latest information about
determination letter must be submitted
Application for Determination for
developments related to Form 5300 and
with the application of the controlling
Terminating Plan. If benefit accruals or
its instructions, such as legislation
member.
contributions have ceased, the plan and
enacted after they were published, go to
Disclosure request by taxpayer. A
trust won’t be considered terminated
www.irs.gov/form5300.
taxpayer can authorize the IRS to
until formal action has been taken to
disclose and discuss the taxpayer's
terminate the plan.
What's New
return and/or return information with any
person(s) the taxpayer designates in a
Revised form. The form and
Who May File
written request. Use Form 2848, Power
instructions have undergone major
of Attorney and Declaration of
revisions in format and information
This form may be filed by:
Representative, or Form 8821, Tax
required.
Individually Designed Plans. This
Information Authorization, for this
form may be filed by the employer,
Note. Filers permitted to submit from
purpose. See Pub. 947, Practice Before
(including a sole proprietor, partnership,
2/1/16 to 1/31/17 (Cycle A3 filers)
the IRS and Power of Attorney, for more
or corporation) or plan administrator to
should use the prior version of Form
information.
request a DL for an individually
5300 (Rev. December 2013).
designed plan that:
Public inspection. Form 5300 is open
Many of the revisions reflect the
to public inspection if there are more
1. Has never received a DL,
changes affecting individually designed
than 25 plan participants. The total
regardless of when the plan was
plans described in Rev. Proc. 2016-37,
number of participants must be shown
adopted;
2016-29 I.R.B. 136, available at
on line 3e. See the instructions for
2. Has previously received a DL and
www.irs.gov/irb/2016-29_IRB/ar10.html,
line 3e for a definition of “participant.”
is specifically authorized to apply for a
including (1) eliminating 5-year remedial
new DL under current IRS guidance.
amendment cycles, and (2) generally
General Instructions
Volume Submitter and Master &
limiting determination letter (DL)
Prototype Plans. An application for a
requests to initial plan qualification and
Purpose of Form
DL for a volume submitter (VS) plan or
qualification on plan termination,
master & prototype (M&P) plan may be
effective January 1, 2017. In addition,
File Form 5300 to request a DL from the
filed on Form 5300 by an employer or
sponsors may submit requests for
IRS for the qualification of a defined
plan administrator, if otherwise
determinations on partial termination
benefit (DB) or a defined contribution
permissible under Rev. Proc. 2016-37,
regardless of their ability to request DLs
(DC) plan and the exempt status of any
during the period announced in IRS
on their plan document. Many other
related trust.
guidance.
changes are intended to reduce
burdens on filers.
If this is a VS plan that has made
Type of Plan
limited modifications to an approved
Note. The DL program is administered
specimen plan (that doesn’t convert the
A DC plan is a plan that provides an
under Rev. Proc. 2016-6, 2016-1 I.R.B.
plan into an individually designed plan),
individual account for each participant
200, available at
www.irs.gov/irb/
file Form 5307, Application for
and for benefits based only on:
2016-01_IRB/ar12.html
(updated
Determination for Adopters of Modified
1. The amount contributed to the
annually), and Rev. Proc. 2016-37.
Volume Submitter (VS) Plans, instead of
participant's account; and
Form 5300. The plan will be reviewed
Review these documents before
2. Any income, expenses, gains and
on the basis of the Cumulative List that
completing the application.
losses, and any forfeiture of accounts of
was considered in issuing the advisory
Defined benefit plan. New information
other participants that may be allocated
letter for the VS plan.
is requested for defined benefit plans in
to the participant's account.
connection with Notice 2015-49,
Note. If no changes have been made
A DB plan is any plan that isn’t a DC
2015-30 I.R.B. 79. See item 7 under
by an adopting employer other than to
plan.
What To File and include the
select among options in the adoption
information in your submission.
agreement or make other permitted
Note. A DB plan can’t be amended to
changes as specified in section 19.03 of
Multiple employer plans. A DL
become a DC plan. If a sponsor of a DB
Rev. Proc. 2015-36, 2015-27 I.R.B. 20,
applicant for a multiple employer plan
plan attempts to amend the plan to
available at
www.irs.gov/irb/
must request a letter for the plan in the
become a DC plan, or if the merger of a
2015-27_IRB/ar08.html, the adopting
name of the controlling member. An
DB plan with a DC plan results solely in
employer must rely on the opinion or
applicant requesting a letter for the plan
advisory letter for the M&P or VS plan.
Dec 13, 2016
Cat. No. 10932P
Instructions for Form 5300
Department of the Treasury
Internal Revenue Service
(Rev. January 2017)
Application for Determination for Employee Benefit Plan
submits one Form 5300 application for
a DC plan, the DB plan is considered
Section references are to the Internal Revenue
Code unless otherwise noted.
the plan in the name of the controlling
terminated.
member. Any application for an
Future Developments
Terminating plan. If the plan is a
employer wishing to receive its own
terminating plan, file Form 5310,
For the latest information about
determination letter must be submitted
Application for Determination for
developments related to Form 5300 and
with the application of the controlling
Terminating Plan. If benefit accruals or
its instructions, such as legislation
member.
contributions have ceased, the plan and
enacted after they were published, go to
Disclosure request by taxpayer. A
trust won’t be considered terminated
www.irs.gov/form5300.
taxpayer can authorize the IRS to
until formal action has been taken to
disclose and discuss the taxpayer's
terminate the plan.
What's New
return and/or return information with any
person(s) the taxpayer designates in a
Revised form. The form and
Who May File
written request. Use Form 2848, Power
instructions have undergone major
of Attorney and Declaration of
revisions in format and information
This form may be filed by:
Representative, or Form 8821, Tax
required.
Individually Designed Plans. This
Information Authorization, for this
form may be filed by the employer,
Note. Filers permitted to submit from
purpose. See Pub. 947, Practice Before
(including a sole proprietor, partnership,
2/1/16 to 1/31/17 (Cycle A3 filers)
the IRS and Power of Attorney, for more
or corporation) or plan administrator to
should use the prior version of Form
information.
request a DL for an individually
5300 (Rev. December 2013).
designed plan that:
Public inspection. Form 5300 is open
Many of the revisions reflect the
to public inspection if there are more
1. Has never received a DL,
changes affecting individually designed
than 25 plan participants. The total
regardless of when the plan was
plans described in Rev. Proc. 2016-37,
number of participants must be shown
adopted;
2016-29 I.R.B. 136, available at
on line 3e. See the instructions for
2. Has previously received a DL and
www.irs.gov/irb/2016-29_IRB/ar10.html,
line 3e for a definition of “participant.”
is specifically authorized to apply for a
including (1) eliminating 5-year remedial
new DL under current IRS guidance.
amendment cycles, and (2) generally
General Instructions
Volume Submitter and Master &
limiting determination letter (DL)
Prototype Plans. An application for a
requests to initial plan qualification and
Purpose of Form
DL for a volume submitter (VS) plan or
qualification on plan termination,
master & prototype (M&P) plan may be
effective January 1, 2017. In addition,
File Form 5300 to request a DL from the
filed on Form 5300 by an employer or
sponsors may submit requests for
IRS for the qualification of a defined
plan administrator, if otherwise
determinations on partial termination
benefit (DB) or a defined contribution
permissible under Rev. Proc. 2016-37,
regardless of their ability to request DLs
(DC) plan and the exempt status of any
during the period announced in IRS
on their plan document. Many other
related trust.
guidance.
changes are intended to reduce
burdens on filers.
If this is a VS plan that has made
Type of Plan
limited modifications to an approved
Note. The DL program is administered
specimen plan (that doesn’t convert the
A DC plan is a plan that provides an
under Rev. Proc. 2016-6, 2016-1 I.R.B.
plan into an individually designed plan),
individual account for each participant
200, available at
www.irs.gov/irb/
file Form 5307, Application for
and for benefits based only on:
2016-01_IRB/ar12.html
(updated
Determination for Adopters of Modified
1. The amount contributed to the
annually), and Rev. Proc. 2016-37.
Volume Submitter (VS) Plans, instead of
participant's account; and
Form 5300. The plan will be reviewed
Review these documents before
2. Any income, expenses, gains and
on the basis of the Cumulative List that
completing the application.
losses, and any forfeiture of accounts of
was considered in issuing the advisory
Defined benefit plan. New information
other participants that may be allocated
letter for the VS plan.
is requested for defined benefit plans in
to the participant's account.
connection with Notice 2015-49,
Note. If no changes have been made
A DB plan is any plan that isn’t a DC
2015-30 I.R.B. 79. See item 7 under
by an adopting employer other than to
plan.
What To File and include the
select among options in the adoption
information in your submission.
agreement or make other permitted
Note. A DB plan can’t be amended to
changes as specified in section 19.03 of
Multiple employer plans. A DL
become a DC plan. If a sponsor of a DB
Rev. Proc. 2015-36, 2015-27 I.R.B. 20,
applicant for a multiple employer plan
plan attempts to amend the plan to
available at
www.irs.gov/irb/
must request a letter for the plan in the
become a DC plan, or if the merger of a
2015-27_IRB/ar08.html, the adopting
name of the controlling member. An
DB plan with a DC plan results solely in
employer must rely on the opinion or
applicant requesting a letter for the plan
advisory letter for the M&P or VS plan.
Dec 13, 2016
Cat. No. 10932P
otherwise). When completing the
should be updated based on the
Where To File
application, use the following
Required Amendments List that was
guidelines.
issued during the second calendar year
File Form 5300 at the address indicated
N/A (not applicable) is accepted as a
preceding the submission of the DL
below.
response only if an N/A block is
application (and prior Required
Internal Revenue Service
provided.
Amendments List). However, plans
P.O. Box 12192
If a number is requested, a number
submitted for initial qualification during
Covington, KY 41012-0192
must be entered.
the 2017 calendar year will be reviewed
If an item provides a choice of boxes
based on the 2015 Cumulative List. See
to mark, mark only one box unless
Rev. Proc. 2016-37.
Private delivery services. The
instructed otherwise.
organization can use only the
6. A copy of any Voluntary
If an item provides a box to mark,
Correction Program compliance
IRS-designated private delivery
written responses aren’t permitted.
statement or Audit Closing Agreement
services below to meet the “timely
The application has formatted fields
Program closing agreement regarding
mailing as timely filing/paying” rule for
that will limit the number of characters
the plan.
tax returns and payments. These private
entered per field.
delivery services include only the
7. For a DB plan, include one of the
All responses should be entered in
following.
following paragraphs in the cover letter
Courier 10 point font.
DHL Express 9:00, DHL Express
to your application indicating whether
Alpha characters should be entered
10:30, DHL Express 12:00, DHL
the plan provides for lump-sum risk
in capital letters.
Express Worldwide, DHL Express
transfers, as described in Notice
Enter a space between each word.
Envelope, DHL Import Express 10:30,
2015-49, 2015-30 I.R.B. 79.
Spaces count as characters.
DHL Import Express 12:00, and DHL
a. If not provided in the plan, add
All date fields are entered as an
Import Express Worldwide.
the following paragraph: “The plan
eight-digit field (MM/DD/YYYY).
Federal Express (FedEx): FedEx First
doesn’t provide for lump-sum risk
Any required attachment should refer
Overnight, FedEx Priority Overnight,
transfers, as described in Notice
to the form and the line item.
FedEx Standard Overnight, FedEx
2015-49.”
The IRS may require additional
2Day, FedEx International Next Flight
information.
b. If provided in the plan, add the
Out, FedEx International Priority, FedEx
following paragraph: “The plan provides
International First, and FedEx
for lump-sum risk transfers, as
International Economy.
What To File
described in section II of Notice
United Parcel Service (UPS): UPS
See the instructions under line 4a for
2015-49. This provision (satisfies)
Next Day Air Early AM, UPS Next Day
Partial Termination Request.
(doesn’t satisfy) one of the four
Air, UPS Next Day Air Saver, UPS 2nd
conditions for Pre-Notice Acceleration
Day Air, UPS 2nd Day Air AM, UPS
All applications (including
described in section IV of Notice
Worldwide Express Plus, and UPS
applications for M&P or VS plans,
2015-49.” (If you state that the plan
Worldwide Express.
unless otherwise noted) must contain an
"satisfies" one of the four conditions for
original signature and be accompanied
For private delivery services, deliver
Pre-Notice Acceleration, describe in
by the following.
the return to:
detail how the plan complies with the
1. A completed Form 5300,
conditions.)
Internal Revenue Service
including the procedural requirements
201 West Rivercenter Blvd.
8. For an adopting employer of a
checklist.
Attn: Extracting Stop 312
M&P or VS plan, attach a statement
2. A Form 8717, User Fee for
Covington, KY 41011
explaining why the 5300 is being filed,
Employee Plan Determination Letter
and include a copy of the opinion or
Request, and a check for the
advisory letter for the plan. Do not
The private delivery service can tell
appropriate user fee (unless payment
include any interim amendments
you how to get written proof of the
was made through www.pay.gov).
adopted by the employer, except in the
mailing date.
Submit a separate check for each
case of a VS plan that doesn’t authorize
Private delivery services can’t
application. Make checks payable to
the practitioner with respect to a M&P or
deliver items to P.O. boxes. You
“United States Treasury.”
!
VS plan to amend the plan on behalf of
must use the U.S. Postal
Note. If the user fee is paid using
adopting employers. The plan will be
CAUTION
Service to mail any item to an IRS P.O.
www.pay.gov, a copy of the payment
reviewed on the basis of the Cumulative
box.
confirmation must be submitted along
List that was considered in issuing the
with the paper Form 8717.
opinion or advisory letter for the M&P or
VS plan. See section 20 of Rev. Proc.
3. Form 8905, Certification of Intent
How To Complete the
2016-37.
To Adopt a Pre-Approved Plan, if
Application
applicable.
9. For an employee stock ownership
The application must be completed and
plan (ESOP), attach:
4. A copy of the current plan
signed by the employer, plan
document and prior plan document(s), if
a. Form 5309, Application for
administrator, or authorized
the plan has been restated.
Determination of Employee Stock
representative.
Ownership Plan;
5. Copies of all signed and dated
plan amendments. If the plan was
b. A statement indicating whether
Note. Stamped signatures aren’t
amended, include a copy of the last
the employer is a C corporation or an S
acceptable. It is important that an
favorable DL and any amendments
corporation; and
appropriate response be entered for
since the last favorable DL. The plan
each line item (unless instructed
-2-
Instructions for Form 5300
c. An explanation if the employer’s
arrangement who are eligible but don’t
Do not use a social security
corporate status changed after the
make elective deferrals;
number or the EIN of the trust.
!
ESOP was originally adopted.
2. Retirees and other former
CAUTION
Note. Do not use staples (except to
employees who have a nonforfeitable
The plan sponsor/employer must
attach the check to the Form 8717),
right to benefits under the plan; and
have an EIN. A plan sponsor/employer
paper clips, binders, or sticky notes. Do
3. The beneficiary of a deceased
without an EIN can apply for one.
not punch holes in the documents.
employee who is receiving or will in the
Online—Generally, a plan sponsor/
Note. See the Procedural
future receive benefits under the plan.
employer can receive an EIN by Internet
Requirements Checklist to ensure that
Include one beneficiary for each
and use it immediately to file a return.
the application package is complete
deceased employee regardless of the
Go to the IRS website at
www.irs.gov/
before submitting it. Incomplete
number of individuals receiving benefits.
businesses/small
and click on Employer
applications may be closed if required
ID Numbers (EINs).
Example. Payment of a deceased
items aren’t included in the submission.
By mail or fax—Send in a completed
employee's benefit to three children is
If the application package is closed as
Form SS-4, Application for Employer
considered a payment to one
incomplete, the application won’t be
Identification Number, to apply for an
beneficiary.
returned and any user fee paid with the
EIN.
application won’t be refunded. (See
Lines 3f and 3g. See Notice 2011-86,
Lines 1g and 1h. Enter the telephone
Rev. Proc. 2016-6.)
2011-45 I.R.B. 698 (or later guidance)
and fax numbers of the plan sponsor.
for further details, including how to
Specific Instructions
determine compensation.
Line 1i. Enter the two digits
representing the month the plan
Line 4a. Enter the number that
Line 1. Enter the name, address, and
sponsor/employer's tax year ends.
corresponds to the request being made
telephone and fax numbers of the plan
(enter one number only).
Lines 1j through 1m. If a foreign
sponsor/employer.
entity, follow the country's practice for
Enter 1 if the plan is a new plan
A plan sponsor means:
entering the name of the city or town,
that's being submitted within its initial
1. In the case of a plan that covers
province/country, and the postal code.
remedial amendment period described
the employees of one employer, the
under Regulations section 1.401(b)-1(d)
Line 2. If Form 2848 or Form 8821 is
employer;
(1) or as extended in other guidance.
attached, check the box only. If not
See Rev. Proc. 2016-37.
2. In the case of a plan sponsored
attached, enter a contact person. The
by two or more entities required to be
Enter 2 if this plan is an existing plan
contact person listed on line 2 will
combined under section 414(b), (c), or
that has never received a favorable DL.
receive copies of all correspondence.
(m), one of the members participating in
Enter 3 if neither 1 nor 2 apply and
Lines 2h through 2k. If a foreign
the plan; or
the plan is specifically authorized to
contact, follow the country's practice for
3. In the case of a plan that covers
apply for a DL under applicable IRS
entering the name of the city or town,
the employees and/or partner(s) of a
guidance. Include an attachment that
province/country, and the postal code.
partnership, the partnership.
cites the applicable IRS guidance and
Line 3a. This field is limited to 70
explain how the plan meets the criteria
Note. The name of the plan sponsor/
characters, including spaces. Fill in the
for a DL submission.
employer should be the same name that
plan name as it should appear on the
Partial termination request. Enter 3 if
is used when the Form 5500, Annual
DL. If the plan name contains more than
requesting a determination with respect
Return/Report of Employee Benefit
70 characters, abbreviations should be
to a partial termination. Employers and
Plan, series annual return/report is filed
used.
plan administrators that request a
for the plan. Line 1a is limited to 70
Line 3b. Enter the three-digit plan
determination on a potential partial
characters.
number, beginning with "001" and
termination may not request a DL on
Line 1f. Enter the nine-digit employer
continuing in numerical order for each
their entire plan unless the plan is
identification number (EIN) assigned to
plan you adopt (001–499). The
otherwise eligible for a DL. Indicate in
the plan sponsor/employer. This should
numbering will differentiate your plans.
the cover letter if a partial termination
be the same EIN that is used when the
The number assigned to a plan must not
may have occurred or might occur as a
Form 5500 series annual return/report is
be changed or used for any other plan.
result of proposed actions. If the
filed for the plan.
This should be the same number that is
submission is only for a partial
used on the Form 5500 series annual
The plan of a group of entities
termination request, only complete lines
return/report for the plan.
combined under section 414(b), (c), or
1–5 and submit the Form 8717 with the
(m), whose sponsor is more than one of
user fee. DO NOT submit the other
Line 3c. Plan month means the month
the combined entities, should only enter
items under What To File.
in which the plan year ends. Enter the
the EIN of one of the sponsoring
two-digit month (MM).
Provide detailed information
members.
regarding the partial termination,
Line 3d. Enter the plan's original
This EIN must be used in all
including data specified on the Partial
effective date.
subsequent filings of DL requests for the
Termination Worksheet in these
Line 3e. Enter the total number of
plan, and annual returns/reports for the
instructions.
participants. A participant is:
plan, unless there is a change of
1. Using the format in the Partial
sponsor.
1. Any employee participating in the
Termination Worksheet, submit a
plan, including employees under a
schedule of information for the plan year
section 401(k) qualified cash or deferred
in which the partial (or potential partial)
Instructions for Form 5300
-3-
termination began along with the
following plan year, and for the 2 prior
Partial Termination Worksheet
Year
Year
Year of partial termination
Year
plan years, to the extent information is
1
Participants employed:
available.
a Number at beginning of plan year
2. If the plan has more than one
b Number added during the plan year
benefit computation formula, provide a
schedule of information in the same
c Total, add lines a and b
format as lines 1a through 1f of the
d Number dropped during the plan year
worksheet for each benefit computation
formula.
e Number at end of plan year, subtract d
from c
3. Include an explanation of how the
plan meets the requirements of section
f Total number of participants in this plan
separated from service without full
411(d)(3).
vesting
Special ruling requests. See Rev.
2
Present value (as of month
/
day)
Proc. 2016-37 and successors to Rev.
during the year of
Proc. 2016-6 for other types of issues
a Plan assets
for which a Form 5300 may be filed.
b Accrued benefits
Line 4b. If line 4a is “1,” enter the date
the plan was originally adopted. If the
c Vested benefits
initial plan is a proposed plan document,
3
Submit a description of the actions that may have resulted (or might result) in a partial
enter “09/09/9999.”
termination. Include an explanation of how the plan meets the requirements of section 411(d)
(3).
Line 5. A “pension equity plan” (PEP) is
a DB plan which, rather than or in
addition to expressing the accrued
under Regulations section 1.410(b)-6(d)
1.401(a)(4)-3(b)(3) unit credit DB
benefit as a life annuity commencing at
(2).
plan.
normal retirement age, defines benefits
1.401(a)(4)-3(b)(4)(i)(C)(1) unit credit
for each employee as an amount equal
Line 9. Check “Yes” if the plan is an
DB fractional rule plan.
to an accumulated percentage of final
insurance contract plan under section
1.401(a)(4)-3(b)(4)(i)(C)(2) flat
pay. Benefits are generally described as
412(e)(3).
benefit DB plan.
a percentage of final average pay, with
Line 10. Check “Yes” if the plan is a
1.401(a)(4)-3(b)(5) insurance
the percentage determined as the
multiemployer collectively bargained
contract plan.
accumulation of percentage points or
plan under section 414(f).
lump-sum credits received for each year
Line 14. Check “Yes” if the plan utilizes
of service. Generally, the accumulated
Line 11. Check “Yes” if the plan is a
the permitted disparity rules of 401(l).
percentage points or lump-sum credits
multiple employer plan under section
Line 15. If “Yes,” attach a statement
are multiplied by final average or career
413(c).
providing the plan name, EIN of the plan
average compensation to determine the
Line 12. Section 3001 of the Employee
sponsor/employer, plan type of the
lump-sum amount.
Retirement Income Security Act of 1974
other plan, and a copy of pertinent
A “cash balance” plan is a DB plan
requires that applicants subject to
provisions from the other plan regarding
which, rather than or in addition to
section 410 provide evidence that each
the offset.
expressing the accrued benefit as a life
employee who qualifies as an interested
Line 16. If this is a request for an
annuity commencing at normal
party has been notified of the filing of
individually designed plan that consists
retirement age, defines benefits for
the application. If “Yes” is marked, it
of a DB plan and a qualified cash or
each employee in terms more common
means that each employee has been
deferred arrangement, submit two
to a DC plan, that is, as a single-sum
notified as required by Regulations
Forms 5300 and two applicable user
amount equal to the employee’s
section 1.7476-1. If this is a one-person
fees and provide an attachment with the
hypothetical account balance. Benefits
plan or if this plan isn’t subject to section
plan sponsor/employer EIN and plan
consist of accumulated hypothetical
410, a copy of the notice isn’t required
number of the other plan.
allocation credits in an account plus
to be attached to this application. If “No”
accumulated hypothetical interest
is marked or this line is blank, the
Line 17. Attach a statement that
credits for the account.
application will be returned. Rules
provides the following.
defining “interested parties” and the
Note. If this is only a request for a
1. Name of plans involved.
form of notification are in Regulations
partial termination, DO NOT complete
2. Type of plan.
section 1.7476-1. See Part II of Rev.
the rest of the application.
3. Date of merger, consolidation,
Proc. 2016-6.
Line 6. Check “Yes” if the plan is a
spinoff, or transfer of plan assets or
Line 13. If “Yes,” attach a statement
governmental plan under section
liabilities.
identifying the plan sections that satisfy
414(d).
4. Verification that each plan
the safe harbor (including, if applicable,
Line 7. Check “Yes” if the plan is a
involved was qualified at the time of the
permitted disparity requirements) and
church plan under section 414(e) that
merger, consolidation, spinoff, or
specify which of the following
hasn’t made a section 410(d) election.
transfer of plan assets or liabilities.
regulations is intended to be satisfied.
1.401(a)(4)-2(b)(2) DC plan with
Line 8. Check “Yes” if the plan benefits
If the plan previously obtained a DL,
uniform allocation formula.
any collectively bargained employees
only provide information on a
-4-
Instructions for Form 5300
transaction that occurred after the most
1. The Internal Revenue Service
will help you get answers to some of the
recent DL was issued.
(including the Voluntary Compliance
most common tax questions.
Program),
Go to
IRS.gov/ita
for the Interactive
Note. Verification includes (1) a copy of
2. The Department of Labor,
Tax Assistant, a tool that will ask you
a prior DL, opinion or advisory letter; (2)
questions on a number of tax law topics
3. The Pension Benefit Guaranty
plan document and/or adoption
and provide answers. You can print the
Corporation (PBGC), or
agreement; and (3) interim and
entire interview.
discretionary amendments.
4. Any court (including bankruptcy
You may also be able to access tax
court).
law information in your electronic filing
Note. For individually designed plans,
The attachment should include a
software.
interim amendments only apply if the
contact person's name and telephone
adoption deadline is before January 1,
number and agency or court.
Getting tax forms and publications.
2017. See Rev. Proc. 2016-37.
Go to
IRS.gov/forms
to view, download,
If applicable, file Form 5310-A,
How To Get Tax Help
or print all of the forms and publications
Notice of Plan Merger or Consolidation,
you may need. You can also download
If you have questions about a tax issue,
Spinoff, or Transfer of Plan Assets or
and view popular tax publications and
need help preparing your tax return, or
Liabilities; Notice of Qualified Separate
instructions (including the 1040
want to download free publications,
Lines of Business, 30 days prior to the
instructions) on mobile devices as an
forms, or instructions, go to IRS.gov and
merger, consolidation, or transfer of
eBook at no charge. Or, you can go to
find resources that can help you right
assets or liabilities.
IRS.gov/orderforms
to place an order
away.
Line 18. If the plan has been restated
and have forms mailed to you within 10
to change the type of plan under
Getting answers to your tax
business days.
Regulations section 1.401-1, check
law questions. On IRS.gov get
By phone. For questions regarding this
“Yes” and attach a statement explaining
answers to your tax questions
form, call the Employee Plans Customer
anytime, anywhere.
the change.
Service toll free at 1-877-829-5500.
Go to
IRS.gov/help
or
IRS.gov/
Line 19. Check “Yes” and attach an
letushelp
pages for a variety of tools that
explanation if the plan has any matter
pending before:
Privacy Act and Paperwork Reduction Act Notice. We ask for information on this form to carry out the Internal Revenue
laws of the United States. We use this information to determine whether the plan complies with these laws. You aren’t required
to request a determination letter; however, if you do so, sections 6001, 6011, 6058(a), and 6109 require you to provide the
information requested. Failure to provide this information in a timely manner, or providing false or fraudulent information, may
subject you to penalties.
You aren’t required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the
form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as
their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return
information are confidential, as required by section 6103. However, section 6104(b) makes certain information contained in this
form publicly available. We may also give it to the Department of Labor or the Pension Benefit Guaranty Corporation (PBGC)
for administration of ERISA, the Department of Justice for civil and criminal litigation, and cities, states, the District of Columbia,
and U.S. commonwealths and possessions for use in administering their tax laws. We may also disclose this information to
other countries under a treaty, to federal and state agencies to enforce federal non-tax criminal laws, and to federal law
enforcement and intelligence agencies to combat terrorism.
The time needed to complete and file this form will vary depending on individual circumstances. The estimated average time
is:
Recordkeeping
Learning about the law or the form
Preparing the form
Copying, assembling, and sending the form
Form 5300
33 hr., 57 min.
10 hr., 7 min.
17 hr., 38 min.
1 hr., 52 min.
We welcome your comments about this publication and your suggestions for future editions. You can send us comments
from irs.gov/formspubs. Click on “More Information” and then on “Give us feedback.”
Or you can write to:
Internal Revenue Service
Tax Forms and Publications
1111 Constitution Ave. NW, IR-6526
Washington, DC 20224
Do not send any of these forms or schedules to this address. Instead, see Where To File, earlier.
Instructions for Form 5300
-5-
ADVERTISEMENT

Download Instructions for IRS Form 5300 "Application for Determination for Employee Benefit Plan"

470 times
Rate
(4.5 / 5) 28 votes