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5300 Instructions 5300 - Official Federal Forms
| 5300 Instructions Form. This is a national form and can be used in Department Of Treasury . |
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Instructions for Form 5300 (Rev. August 2004) Application for Determination for Employee Benefit Plan (including Collectively Bargained Plans formerly filed on Form 5303) Section references are to the Internal Revenue Code unless otherwise noted. Department of the Treasury Internal Revenue Service Public Inspection. Form 5300 is open to public inspection if there are more than 25 plan participants. The total number of participants must be shown on line 4e. See the instructions for line 4e for a definition of participant. Disclosure Request by Taxpayer. The Tax Reform Act of 1976 permits a taxpayer to request the IRS to disclose and discuss the taxpayer's return and/or return information with any person(s) the taxpayer designates in a written request. Use Form 2848, Power of Attorney and Declaration of Representative, for this purpose. may not be used to apply for a determination on GUST, except as provided in section 3.05 of Rev. Proc. 2000-27, 2000-26 I.R.B., 1272. You can find Rev. Proc. 2000-27 on page 1272 of Internal Revenue Bulletin 2000-26 at http://www.irs.gov/pub/ irs-irbs/irb00-26.pdf. Type of Plan General Instructions Purpose of Form File Form 5300 to request a determination letter from the IRS for the initial qualification of a defined benefit or a defined contribution plan and the exempt status of any related trust. See Types of Determination Letters on page 2 for more information. This form may also be filed to request a determination letter on the qualified status of a plan at any time subsequent to initial qualification even if the plan has not been amended. File Form 5307, Application for Determination for Master or Prototype or Volume Submitter Plans, instead of Form 5300 if this is an M&P or volume submitter plan. However, use Form 5300 instead of Form 5307 if you are also requesting a determination on affiliated service group status, leased employee status, or a partial termination. File Form 6406, Short Form Application for Determination for Minor Amendment of Employee Benefit Plan, instead of Form 5300 to apply for a determination letter on a minor plan amendment to a plan that has already filed Form 5300 and received a favorable determination letter for GUST. Form 6406 generally is a plan that provides an individual account for each participant and for benefits based only: 1. On the amount contributed to the participant's account, and 2. Any income, expenses, gains and losses, and any forfeitures of accounts of other participants that may be allocated to the participant's account. · A Defined Benefit Plan (DBP) is any plan that is not a DCP. A qualified plan must satisfy section 401(a) including, but not limited to, participation, vesting, nondiscriminatory contributions or benefits, distributions, and contribution and benefit limitations. · A Defined Contribution Plan (DCP) multiemployer or multiple-employer plan (a plan maintained by more than one employer considering all employers combined under section 414(b), (c), or (m) as one employer). · Employer, plan sponsor, or plan administrator desiring a determination letter for compliance with the applicable requirements of a foreign situs trust for the taxability of beneficiaries (section 402(c)) and deductions for employer contributions (section 404(a)(4)). Where To File File Form 5300 at the address indicated below: Internal Revenue Service, P.O. Box 192, Covington, KY 410120192. Requests shipped by express mail or a delivery service should be sent to: Internal Revenue Service, 201 West Rivercenter Blvd., Attn: Extracting Stop 312, Covington, KY 41011. Private Delivery Services. In addition to the United States mail, you can use certain private delivery services designated by the IRS to meet the "timely mailing as timely filing/paying" rule for tax returns and payments. The most recent list of designated private delivery services was published by the IRS in September 2002 and includes only the following: · Airborne Express (Airborne): Overnight Air Express Service, Next Afternoon Service, Second Day Service. · DHL Worldwide Express (DHL): DHL "Same Day" Service, DHL USA Overnight. · Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. · United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide Express Plus, and UPS Worldwide Express. Who May File This form may be filed by any: · Employer, including a sole proprietor, partnership, plan sponsor or a plan administrator that has adopted an individually designed plan to request a determination letter on: 1. Initial qualification of a plan; 2. Qualification of an entire plan as amended, 3. Partial termination of a plan; 4. Affiliated service group (ASG) status (section 414(m)), or 5. Leased employee status (section 414(n)). · Plan sponsor or plan administrator to request a determination letter for a plan maintained by an employer that is part of a controlled group of corporations (section 414(b)), or trades or businesses under common control (section 414(c)), or an ASG (section 414(m)). · Plan sponsor or plan administrator to request a determination letter for a Cat. No. 10932P The private delivery service can tell you how to get written proof of the mailing date. · Completion of page 4 of Form 5300 is optional. Complete page 4 for: (a) a request for a determination regarding the ratio percentage test under Regulations section 1.410(b)-2(b)(2), (b) a determination regarding one of the special requirements under Regulations section 1.410(b)-2(b)(5), (6), or (7), or (c) a request for a determination regarding the nondiscrimination design-based safe harbors of section 401(a)(4). Revenue Procedure 2004-6 TIP publishes the guidance under which the determination letter program is administered. It is updated annually and can be found in the Internal Revenue Bulletin (I.R.B.). Example. Rev. Proc. 2004-6, 2004-1 I.R.B. 197 superseded Rev. Proc. 2003-6. · All applications for plans that have How to Complete the Application Applications are screened for completeness. The application must be signed by the employer, plan administrator or authorized representative. Incomplete applications may be returned to the applicant. For this reason, it is important that an appropriate response be entered for each line item (unless instructed otherwise). In completing the application, pay careful attention to the following:
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