Instructions for IRS Form 5307 "Application for Determination for Adopters of Modified Volume Submitter (VS) Plans"

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Instructions for Form 5307
Department of the Treasury
Internal Revenue Service
(Rev. June 2014)
Application for Determination for Adopters of
Modified Volume Submitter (VS) Plans
Public Inspection
Section references are to the Internal Revenue
of other participants that may be
Code unless otherwise noted.
allocated to the participant’s account.
Form 5307 is open to public inspection if
What's New
there are more than 25 plan
A DB plan is any plan that is not a DC
participants. The total number of
plan.
participants must be shown on line 4e.
The form and the instructions have
Termination of Plan
undergone revisions in the format and
See the instructions for line 4e for a
information required. Review these
definition of participant.
If the plan is terminated, file Form 5310,
Application for Determination Upon
documents before completing the
application. Some of the revisions were
Terminating Plan.
General Instructions
made in accordance with
If benefit accruals or contributions
Announcement 2011-82, 2011-52 I.R.B.
Purpose of Form
have ceased, the plan and trust will not
1052, available at
www.irs.gov/irb/
be considered terminated until an
An adopter of a Volume Submitter (VS)
2011-52_IRB/ar20.html, which
official action to terminate has occurred.
plan files Form 5307 to request a DL
eliminated demonstrations regarding
Note. A DB plan cannot be amended
from the IRS for the qualification of a
coverage and nondiscrimination
to become a DC plan. If a sponsor of a
modified defined benefit (DB) or a
requirements and limited Form 5307
DB plan attempts to amend the plan to
defined contribution (DC) plan and the
applications.
become a DC plan, or if the merger of a
exempt status of any related trust.
Note. Rev. Proc. 2014-6, 2014-1 I.R.B.
DB plan with a DC plan results solely in
Who May File
198, available at
http://www.irs.gov/pub/
a DC plan the DB plan is considered
irs-irbs/irb14-01.pdf, contains the
terminated.
File Form 5307, Application for
guidance under which the
Determination for Adopters of Modified
Where To File
Determination Letter (DL) program is
Volume Submitter (VS) Plans, if this is a
administered. It is updated annually and
File Form 5307 at the address indicated
VS plan that has made limited
can be found in the Internal Revenue
below:
modifications to an approved specimen
Bulletin (I.R.B.). The application should
plan (that does not create an individually
be filed in accordance with Rev. Proc.
Internal Revenue Service
designed plan).
2007-44, 2007-28 I.R.B. 54, available at
P.O. Box 12192
www.irs.gov/pub/irs-irbs/irb07-28.pdf
Covington, KY 41012-0192.
Note. Adopters of Master and
(as revised by Ann. 2011-82), and Rev.
Prototype (M&P) plans may not use
Proc. 2014-6, as updated, available at
Form 5307 and must file Form 5300 if a
Requests shipped by express mail or
http://www.irs.gov/pub/irs-irbs/
DL is requested. Adopters of VS plans
a delivery service should be sent to:
irb14-01.pdf. Review these documents
that do not meet the above conditions
before completing the application.
Internal Revenue Service
must also file on Form 5300.
201 West Rivercenter Blvd.
Future Developments
In certain circumstances, an
Attn: Extracting Stop 312
application for a DL for a VS plan must
Covington, KY 41011
For the latest information related to
be filed on Form 5300:
Form 5307 and its instructions, such as
requests regarding 414(m),
legislation enacted after they were
Private Delivery Services. In addition
requests regarding 414(n),
published, go to www.irs.gov/form5307.
to the United States mail, you can use
partial termination requests,
certain private delivery services
Disclosure Request by
multiple employer plans,
designated by the IRS to meet the
Taxpayer
money purchase, target benefit and
“timely mailing as timely filing/paying”
defined benefit pension plans with a
rule for tax returns and payments.
A taxpayer can authorize the IRS to
normal retirement age earlier than age
These private delivery services include
disclose and discuss the taxpayer’s
62, or
only the following:
return and/or return information with any
a procedure requested by the IRS.
DHL Express (DHL): DHL Same Day
person(s) the taxpayer designates in a
Service, DHL Next Day 10:30 am, DHL
written request. Use Form 2848, Power
See Form 5300 and instructions.
Next Day 12:00 pm, DHL Next Day 3:00
of Attorney and Declaration of
pm, and DHL 2nd Day Service.
Type of Plan
Representative, if the representative is
Federal Express (FedEx): FedEx
qualified to sign, or Form 8821, Tax
A DC plan is a plan that provides an
Priority Overnight, FedEx Standard
Information Authorization, for this
individual account for each participant
Overnight, FedEx 2Day, FedEx
purpose. See Pub. 947, Practice Before
and for benefits based only on:
International Priority, and FedEx
the IRS and Power of Attorney, for more
1. The amount contributed to the
International First.
information.
participant’s account, and
United Parcel Service (UPS): UPS
2. Any income, expenses, gains and
Next Day Air, UPS Next Day Air Saver,
losses, and any forfeitures of accounts
UPS 2nd Day Air, UPS 2nd Day Air
Jun 10, 2014
Cat. No. 11833J
Instructions for Form 5307
Department of the Treasury
Internal Revenue Service
(Rev. June 2014)
Application for Determination for Adopters of
Modified Volume Submitter (VS) Plans
Public Inspection
Section references are to the Internal Revenue
of other participants that may be
Code unless otherwise noted.
allocated to the participant’s account.
Form 5307 is open to public inspection if
What's New
there are more than 25 plan
A DB plan is any plan that is not a DC
participants. The total number of
plan.
participants must be shown on line 4e.
The form and the instructions have
Termination of Plan
undergone revisions in the format and
See the instructions for line 4e for a
information required. Review these
definition of participant.
If the plan is terminated, file Form 5310,
Application for Determination Upon
documents before completing the
application. Some of the revisions were
Terminating Plan.
General Instructions
made in accordance with
If benefit accruals or contributions
Announcement 2011-82, 2011-52 I.R.B.
Purpose of Form
have ceased, the plan and trust will not
1052, available at
www.irs.gov/irb/
be considered terminated until an
An adopter of a Volume Submitter (VS)
2011-52_IRB/ar20.html, which
official action to terminate has occurred.
plan files Form 5307 to request a DL
eliminated demonstrations regarding
Note. A DB plan cannot be amended
from the IRS for the qualification of a
coverage and nondiscrimination
to become a DC plan. If a sponsor of a
modified defined benefit (DB) or a
requirements and limited Form 5307
DB plan attempts to amend the plan to
defined contribution (DC) plan and the
applications.
become a DC plan, or if the merger of a
exempt status of any related trust.
Note. Rev. Proc. 2014-6, 2014-1 I.R.B.
DB plan with a DC plan results solely in
Who May File
198, available at
http://www.irs.gov/pub/
a DC plan the DB plan is considered
irs-irbs/irb14-01.pdf, contains the
terminated.
File Form 5307, Application for
guidance under which the
Determination for Adopters of Modified
Where To File
Determination Letter (DL) program is
Volume Submitter (VS) Plans, if this is a
administered. It is updated annually and
File Form 5307 at the address indicated
VS plan that has made limited
can be found in the Internal Revenue
below:
modifications to an approved specimen
Bulletin (I.R.B.). The application should
plan (that does not create an individually
be filed in accordance with Rev. Proc.
Internal Revenue Service
designed plan).
2007-44, 2007-28 I.R.B. 54, available at
P.O. Box 12192
www.irs.gov/pub/irs-irbs/irb07-28.pdf
Covington, KY 41012-0192.
Note. Adopters of Master and
(as revised by Ann. 2011-82), and Rev.
Prototype (M&P) plans may not use
Proc. 2014-6, as updated, available at
Form 5307 and must file Form 5300 if a
Requests shipped by express mail or
http://www.irs.gov/pub/irs-irbs/
DL is requested. Adopters of VS plans
a delivery service should be sent to:
irb14-01.pdf. Review these documents
that do not meet the above conditions
before completing the application.
Internal Revenue Service
must also file on Form 5300.
201 West Rivercenter Blvd.
Future Developments
In certain circumstances, an
Attn: Extracting Stop 312
application for a DL for a VS plan must
Covington, KY 41011
For the latest information related to
be filed on Form 5300:
Form 5307 and its instructions, such as
requests regarding 414(m),
legislation enacted after they were
Private Delivery Services. In addition
requests regarding 414(n),
published, go to www.irs.gov/form5307.
to the United States mail, you can use
partial termination requests,
certain private delivery services
Disclosure Request by
multiple employer plans,
designated by the IRS to meet the
Taxpayer
money purchase, target benefit and
“timely mailing as timely filing/paying”
defined benefit pension plans with a
rule for tax returns and payments.
A taxpayer can authorize the IRS to
normal retirement age earlier than age
These private delivery services include
disclose and discuss the taxpayer’s
62, or
only the following:
return and/or return information with any
a procedure requested by the IRS.
DHL Express (DHL): DHL Same Day
person(s) the taxpayer designates in a
Service, DHL Next Day 10:30 am, DHL
written request. Use Form 2848, Power
See Form 5300 and instructions.
Next Day 12:00 pm, DHL Next Day 3:00
of Attorney and Declaration of
pm, and DHL 2nd Day Service.
Type of Plan
Representative, if the representative is
Federal Express (FedEx): FedEx
qualified to sign, or Form 8821, Tax
A DC plan is a plan that provides an
Priority Overnight, FedEx Standard
Information Authorization, for this
individual account for each participant
Overnight, FedEx 2Day, FedEx
purpose. See Pub. 947, Practice Before
and for benefits based only on:
International Priority, and FedEx
the IRS and Power of Attorney, for more
1. The amount contributed to the
International First.
information.
participant’s account, and
United Parcel Service (UPS): UPS
2. Any income, expenses, gains and
Next Day Air, UPS Next Day Air Saver,
losses, and any forfeitures of accounts
UPS 2nd Day Air, UPS 2nd Day Air
Jun 10, 2014
Cat. No. 11833J
A.M., UPS Worldwide Express Plus,
Note. Payments for sanction fees,
IRS will require the applicant to file Form
and UPS Worldwide Express.
compliance fees, etc. should be
5300 and pay the higher user fee.
submitted on separate checks.
The private delivery service can tell
10. A copy of any compliance
you how to get written proof of the
3. Form 8905, Certification of Intent
statement(s) or closing agreement(s)
mailing date.
to Adopt a Pre-approved Plan, if
regarding this plan completed during the
applicable as determined under Part III
current RAC.
How To Complete the
of Rev. Proc. 2007-44.
See Rev. Proc. 2007-44 for a
Application
4. A copy of the plan’s latest
description of the RACs.
favorable DL letter, if applicable.
The application must be signed by the
Note. Do not use staples (except to
employer, plan administrator, or
5. A copy of the most recent
attach the check to the Form 8717),
authorized representative.
advisory letter issued to the VS
paper clips, binders, or sticky notes. Do
specimen plan practitioner.
not punch holes in the documents.
Note. Stamped signatures are not
6. A complete copy of the plan and
acceptable.
Specific Instructions
trust instrument and a copy of the
Incomplete applications may be
completed adoption agreement, if
Line 1. Enter the name, address, and
returned to the applicant. For this
applicable.
telephone number of the plan sponsor/
reason, it is important that an
7. A written representation
employer. A “plan sponsor” means:
appropriate response be entered for
(signature optional) made by the VS
each line item (unless instructed
1. In the case of a plan that covers
sponsor under penalty of perjury, that
otherwise). In completing the
the employees of one employer, the
explains that the plan and trust
application:
employer;
instrument are not word-for-word
N/A (not applicable) is accepted as a
identical to the approved specimen plan
2. In the case of a plan sponsored
response only if an N/A block is
and describes the location, nature and
by two or more entities required to be
provided.
effect of each deviation from the
combined under sections 414(b), (c), or
If a number is requested, a number
language of the approved specimen
(m), one of the members participating in
must be entered.
plan.
the plan; or
If an item provides a choice of boxes
8. Form 2848 or other written
3. In the case of a plan that covers
to mark, mark only one box unless
authorization allowing the VS
the employees and/or partner(s) of a
instructed otherwise.
practitioner to act as a representative of
partnership, the partnership.
If an item provides a box to mark,
the employer with respect to the request
written responses are not acceptable.
Note. The name of the plan sponsor/
for a determination letter.
The IRS may, at its discretion, require
employer should be the same name that
9. Any interim amendments that
a plan restatement or additional
is used when the Form 5500 series,
were adopted for qualification changes
information any time it is deemed
Annual Return/Report is filed for this
on the applicable cumulative list (CL)
necessary.
plan. Line 1a is limited to 70 characters.
used in reviewing and approving the
The application has formatted fields
underlying VS specimen plan, where the
Line 1f. Enter the nine-digit employer
that will limit the number of characters
VS plan does not authorize the
identification number (EIN) assigned to
entered per field.
practitioner to amend on behalf of the
the plan sponsor/employer. This should
All data input will need to be entered
adopting employer, and any other
be the same EIN that is used when the
in Courier 10 point font.
discretionary amendments adopted
Form 5500 series Annual Return/Report
Alpha characters should be entered
during the current six-year remedial
is filed for this plan.
in all capital letters.
amendment cycle (RAC). The changes
Enter spaces between any words.
Do not use a social security
to the pre-approved VS plan may be
Spaces do count as characters.
number or the EIN of the trust.
!
either incorporated into the
All date fields are entered as an
pre-approved document or separately
CAUTION
eight-digit field (MM/DD/YYYY).
attached as amendments to the plan. If
The plan sponsor/employer must
the changes are incorporated into the
have an EIN. A plan sponsor/employer
What To File
without an EIN can apply for one.
document, include a list describing the
All applications must contain an original
changes. Do not submit any interim or
Online—Generally, a plan sponsor/
signature and be accompanied by the
other amendments to the plan that were
employer can receive an EIN over the
following:
adopted by the VS practitioner on behalf
Internet and use it immediately to file a
1. A completed Form 5307.
of the employer and considered by the
return. Go to the IRS website at
IRS in issuing the advisory letter for the
www.irs.gov/businesses/small
and click
2. Form 8717, User Fee for
plan.
on Employer ID Numbers (EINs).
Employee Plan Determination Letter
By telephone - Call 1-800-829-4933.
Note. The IRS may, in any event,
Request. If applicable, include the
By mail or fax - Send in a completed
request evidence of adoption of interim
check for the appropriate user fee.
Form SS-4, Application for Employer
amendments during the course of its
Submit a separate check for each
Identification Number, to apply for an
review of a particular plan.
application. Make checks payable to the
EIN.
“United States Treasury.”
Note. Deviations from the language
The plan of a group of entities
of the approved specimen plan will be
If the user fee is paid through
required to be combined under section
evaluated based on the extent and
IRS.gov, submit a copy of the payment
414(b), (c), (m), or (o) whose sponsor is
complexity of the changes. If the
confirmation in lieu of Form 8717.
more than one of the entities required to
changes are determined not to be
compatible with the VS program, the
-2-
be combined, should only enter the EIN
the adoption of an employer
example Amendment 1, or PPA
of one of the sponsoring members.
amendment to the plan to incorporate a
Amendment). An amendment may
type of plan not allowable in the VS
consist of modifications made to several
This EIN must be used in all
program or as of the date the IRS
plan provisions that are adopted on the
subsequent filings of DL requests, and
notifies the practitioner that the plan is
same date. Two or more amendments
annual returns/reports unless there is a
an individually designed plan. See
with the same adoption date may be
change of sponsor.
section 15.03 of Rev. Proc. 2011-49.
grouped and listed on a single line of the
Line 1i. Enter the two digits
table. In this case, enter in column (ii)
Line 3e. An identical adopter of a
representing the month the plan
the effective date of the amendment
pre-approved M&P or VS plan is an
sponsor/employer’s tax year ends.
with the earliest effective date of any of
employer that made no changes to the
the grouped amendments.
pre-approved plan document other than
Note. If you have a foreign address, do
to select among options provided under
Column (ii). Enter the date the
not enter information in lines 1c - 1e.
the plan or certain changes described in
amendment is actually effective under
Line 1j-m. If applicable, complete
section 19.03 of Rev. Proc. 2011-49,
the plan. For example, if an amendment
these lines and follow the country’s
2011-44 I.R.B. 608 available at
is effective on the first day of the first
practice for entering the name of the
www.irs.gov/irb/2011-44_IRB/ar08.html.
plan year beginning on or after January
province, county, or state and the postal
1, 2014, and the plan year of the plan
Line 3f. If this answer is “No,” stop. You
code.
ends on June 30, the date to be entered
cannot use Form 5307. If you are
Line 2. The contact person will receive
in column (ii) is 07/01/2014.
seeking a determination letter, use Form
copies of all correspondence as
5300.
Column (iii). If the amendment is in
authorized on a Form 2848 or Form
proposed form enter “09/09/9999.”
Line 3g. Use the table in line 3g to list
8821. Either complete the contact’s
all the amendments to the plan that
information on this line, or check the box
Column (iv). If the answer to
have been adopted during the RAC of
and attach a completed Form 2848 or
question 3f is "yes", and the amendment
the plan in which the application is
Form 8821.
contains both interim and discretionary
submitted (the “current cycle”), other
provisions, mark an "X" in subcolumn
Note. If your person to contact has a
than amendments described in the
(a) and (b) of column (iv) in the table.
foreign address, do not enter
following paragraph.
Column (v). For each individual
information in lines 2c - 2e.
Do not list:
amendment listed, did the pre-approved
Lines 2h-k. If a foreign contact, follow
1. Any amendment that was
plan sponsor have the power to amend
the country's practice for entering the
adopted during the current cycle as a
the plan on behalf of the adopting
name of the province, country or state,
condition of a DL for the preceding cycle
employer? If yes, enter "X" in
and the postal code.
(but include a copy of the amendment
sub-column (a), if no, enter “X” in
with the application);
sub-column (b).
Line 3a. Enter the number that
corresponds to the request being made:
2. Any amendment to a
Column (vi). Note the due date of
pre-approved plan that was adopted by
the employer's federal income tax
Enter 1 for Initial Qualification –
the sponsor or practitioner on behalf of
return, including extensions, if
New Plan. For this purpose, a new
the employer and considered by the IRS
applicable, for the year in which the
individually designed plan is a new plan
in issuing an opinion or advisory letter
amendments were adopted. If the
with an initial remedial amendment
for the plan;
relevant amendment is discretionary
period within the meaning of
3. Any amendment to a
only, this field should be blank.
Regulations section 1.401(b)-1(d)(1).
pre-approved plan that is effective after
Line 3h. Enter the number of
Enter 2 for Initial Qualification –
the year of the CL that was considered
amendments listed in the table in
Existing Plan. If the IRS has not
by the IRS in issuing an opinion or
line 3g.
issued a DL for the plan or the plan
advisory letter for the plan, regardless of
sponsor previously did not rely on an
whether the amendment was adopted
Line 3i. Designate the specific tax
opinion/advisory letter.
by the sponsor or practitioner of the
return that the employer uses to file its
pre-approved document or the
federal income tax return, for example,
Enter 3 for Request after Initial
employer;
Form 1120, 1040, 1065 or Form 990
Qualification. If the IRS has previously
series (in the case of a tax-exempt
issued a DL for this plan or the plan
4. Any interim amendment
employer). If no federal income tax
sponsor previously relied on an opinion/
regarding a change not included on the
return is filed by the entity (such as a
advisory letter.
CL for which this determination is being
governmental employer) enter type of
requested.
Line 3b. If the initial plan is a proposed
entity (e.g. Govt). See section 5.06(2) of
plan document, enter “09/09/9999.”
Rev. Proc. 2007-44 for details.
Note. If the plan does not have a DL for
the preceding remedial amendment
Line 3c. A VS plan may, but is not
Line 4a. This field is limited to 70
cycle, the plan sponsor must include
required to, contain a provision that
characters, including spaces. Fill in the
with this application filing, copies of
authorizes the VS practitioner to amend
plan name as it should appear on the
interim and discretionary amendments
the plan on behalf of employers who
determination letter to the extent
adopted for the preceding cycle. See
have previously adopted the plan. For
permitted. Keep in mind that
What to File. However, do not list these
purposes of reliance on the advisory
“Employees” and “Trust” are not
amendments in the table in Line 3g.
letter, the practitioner will no longer
necessary in the plan name and will be
have the authority to amend the plan on
left off if space does not permit.
Column (i). Note each amendment
behalf of the employer as of the date of
using an identifying number or name (for
-3-
a foreign entity;
Line 4b. Enter the three-digit number,
Line 13. Attach a statement that
a nonresident alien individual;
beginning with ‘‘001’’ and continuing in
provides the following for the plans
foreign corporation;
numerical order for each plan the
involved:
foreign partnership;
employer adopts (001-499). This
1. Name of plans,
foreign trust;
numbering will differentiate the plans.
2. Type of plan,
The number assigned to a plan must not
foreign estate; or
3. Date of merger, consolidation,
be changed or used for any other plan.
any other person that is not a United
spinoff, or a transfer of plan assets or
This should be the same number that is
States person.
liabilities, and
used when the Form 5500 series Annual
See Section 1473(5) and 7701(a)(30).
Return/Report is filed.
4. Verification that each plan
Line 6b. If “Yes,” complete only
involved was qualified at the time of the
Line 4c. Plan month means the month
applicable sections of this form.
merger, consolidation, spinoff, or a
in which the plans year ends. Enter the
Governmental plans under section
transfer of plan assets or liabilities.
two-digit month (MM).
414(d) are exempt from certain
qualification requirements and are
Note. Verification includes a copy of
Line 4e. Enter the total number of
deemed to satisfy certain other
a prior DL, if any, interim and
participants. A “participant” is:
qualification requirements under certain
discretionary amendments effective for
1. Any employee participating in the
conditions. For example, the
the applicable submission period and
plan, including employees under section
nondiscrimination, minimum
the appropriate opinion or advisory
401(k) qualified cash or deferred
participation rules, top heavy rules, and
letter and/or adoption agreement and
arrangement who are eligible but do not
minimum funding standards do not
plan document. Otherwise, provide a
make elective deferrals,
apply to governmental plans. In
signed and dated copy of the most
2. Retirees and other former
addition, such plans meet the vesting
recent restatement and any subsequent
employees who have a nonforfeitable
rules if they meet the pre-ERISA vesting
amendments.
right to benefits under the plan, and
requirements.
The plan and amendments submitted
3. The beneficiaries of a deceased
to verify the plan was qualified prior to
Line 6c(2). Church plans described in
employee who is receiving or will in the
the merger, consolidation, spinoff, or a
section 414(e) that have not made the
future receive benefits under the plan.
transfer of plan assets or liabilities, are
election provided by section 410(d) are
Include one beneficiary for each
for information purposes only and will
not eligible to have a VS plan.
deceased employee regardless of the
not be ruled on.
Line 6e. Fully-insured section 412(e)
number of individuals receiving benefits.
If applicable, file Form 5310-A,
(3) plans, other than plans that by their
For example, payment of a deceased
Notice of Plan Merger or Consolidation,
terms satisfy the safe harbor in
employee’s benefit to three children is
Spinoff, or Transfer of Plan Assets or
Regulations section 1.401(a)(4)-3(b)(5),
considered a payment to one
Liabilities; Notice of Qualified Separate
are not eligible to have a VS plan.
beneficiary.
Lines of Business, 30 days prior to the
Line 7. Section 3001 of the Employee
merger, consolidation, or transfer of
Lines 4f and 4g. See Notice 2002-1,
Retirement Income Security Act of 1974
assets or liabilities.
2002-1 C.B. 283, (as amplified by
requires the applicants subject to
Notice 2003-49, 2003-32 I.R.B. 294 and
Line 15a. Attach a statement for each
section 410 to provide evidence that
Notice 2011-86, 2011-45 I.R.B. 698), for
plan, which includes the following
each employee who qualifies as an
further details, including how to
information:
interested party has been notified of the
determine compensation.
filing of the application. If “Yes” is
1. Name of plan,
marked, it means that each employee
Line 6a(1). If the employer is a
2. Type of plan,
has been notified as required by
member of a controlled group of
3. Form of plan (standardized,
Regulations section 1.7476-1. If this is a
corporations, trades or businesses
non-standardized, VS, or individually
one-person plan or if this plan is not
under common control, or an affiliated
designed),
subject to section 410, a copy of the
service group (ASG), all employees of
4. Plan number,
notice is not required to be attached to
the group will be treated as employed
this application. If “No” is marked or this
by a single employer for purposes of
5. Vesting schedule,
line is blank, the application will be
certain qualification requirements.
6. Whether the plan has received a
returned.
Attach a statement that provides the
DL or an application for a letter is
following in detail:
Rules defining “interested parties”
pending with IRS.
and the form of notification are in
1. All members of the group,
Regulations section 1.7476-1.
Lines 15b and 15c. See M-8, M-12,
2. The relationship of each member
and M-14 of Regulations section
to the plan sponsor,
Line 8b. See Rev. Proc. 2007-44 for
1.416-1.
explanation of on-cycle filing for
3. The type(s) of plan(s) maintained
pre-approved plans.
Line 16. Section 411(d)(6) protected
by each member, and
benefits include:
4. Plans common to all members.
Line 12. If “Yes”, attach a separate
The accrued benefit of a participant
statement providing the name, EIN and
as of the later of the amendment’s
Line 6a(2). Mark “Yes” if the plan
plan type of the other plan and a copy of
adoption date or effective date;
sponsor is a foreign entity, a member of
pertinent plan provisions from the
Any early retirement benefit,
an ASG, a controlled group of
related plan regarding the offset.
retirement-type subsidy, or optional
corporations, or a group of trades or
form of benefit for benefits from service
businesses under common control that
before such amendment.
includes:
-4-
If the answer is “Yes,” explain on an
on “subscriptions” above the search box
to enforce Federal nontax criminal laws,
attachment how the amendments
on IRS.gov and choose from a variety of
or to Federal law enforcement and
satisfiy one of the exceptions to the
options.
intelligence agencies to combat
prohibition on reductions or elimination
terrorism. You are not required to
By Phone and in Person
of section 411(d)(6) protected benefits.
provide the information requested on a
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You can access the IRS website 24
the administration of any Internal
hours a day, 7 days a week at
For questions regarding this form,
Revenue law. Generally, tax returns and
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Download forms, instructions, and
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Use the
Interactive Tax Assistant
individual circumstances. The estimated
Internal Revenue laws of the United
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average time is:
States. Our legal right to ask for the
need to wait on the phone or stand in
information on this form is Internal
line. The ITA is available 24 hours a
Form 5307
Revenue Code sections 401(a), 501(a),
day, 7 days a week, and provides you
Recordkeeping
28 hr., 27 min.
and 6109, and their regulations. You are
with a variety of tax information related
not required to obtain approval of the
Learning about the
7 hr., 28 min.
to general filing topics, deductions,
plan; however, if you apply for approval
law or the form
credits, and income. When you reach
you are required to provide the
the response screen, you can print the
Preparing the form
13 hr., 51 min.
information requested on this form. We
entire interview and the final response
Copying,
1 hr., 36 min.
need it to determine whether you meet
for your records. New subject areas are
assembling, and
the legal requirements for plan approval.
added on a regular basis.
sending the form
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information may delay or prevent
may be found in
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Trails, one of the
processing of your request. Providing
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Do not send any of these forms or
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schedules to this address. Instead, see
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