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5310 Instructions 5310 - Official Federal Forms
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Instructions for Form 5310 (Rev. April 2006) Application for Determination for Terminating Plan Section references are to the Internal Revenue Code unless otherwise noted. Department of the Treasury Internal Revenue Service What's New All applications must be accompanied by new Form 8905, Certification of Intent To Adopt a Pre-approved Plan, if an employer intends to switch from the five-year remedial amendment cycle to the six-year remedial amendment cycle by meeting one of the eligibility requirements for the six-year remedial amendment cycle. For more information, see Rev. Proc. 2005-66, 2005-37 I.R.B. 509. Public Inspection Form 5310 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 Taxpayers A taxpayer can authorize 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, if the representative is qualified to sign, or Form 8821, Tax Information Authorization, for this purpose. See Pub. 947, Practice Before the IRS and Power of Attorney, for more information. have the latest products. The first release ships in late December and the final release ships in late February; · Current year forms, instructions, and publications; · Prior year forms, instructions, and publications; · Tax Map: An electronic research tool and finding aid; · Tax Law frequently asked questions (FAQs); · Tax Topics from the IRS telephone response system; · Fill-in, print, and save features for most tax forms; · Internal Revenue Bulletins; and · Toll-free and email technical support. Buy the CD-ROM from the National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders for $25 (no handling fee), or call 1-877-CDFORMS (1-877-233-6767) toll-free to buy the CD-ROM for $25 (plus a $5 handling fee). By phone and in person. You can order forms and publications 24 hours a day, 7 days a week, by calling 1-800-TAX-FORM (1-800-829-3676). You can also get most forms and publications at your local IRS office. For questions regarding this form, call the Employee Plans Customer Service, toll-free, at 1-877-829-5500. · A CD that is released twice so you Type of Plan a plan that provides an individual account for each participant and for benefits based only on: 1. 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. Note. 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) is Who May File Any plan sponsor or administrator of any pension, profit-sharing, or other deferred compensation plan (other than a multi-employer plan covered under PBGC insurance) may file this form to ask the IRS to make a determination on the plan's qualification status at the time of the plan's termination. Use Form 5300, Application for Determination for Employee Benefit Plan, instead of Form 5310 if the plan sponsor or administrator is filing for a determination but will continue to maintain the trust after termination. How To Get Forms and Publications Internet. You can access the IRS website 24 hours a day, 7 days a week at www.irs.gov to: · Order IRS products on-line. · Download forms, instructions, and publications. · See answers to frequently asked tax questions. · Search publications on-line by topic or keyword. · Send us comments or request help by email. · Sign up to receive local and national tax news by email. You can also reach us using file transfer protocol at ftp.irs.gov. CD-ROM. You can order Pub. 1796, IRS Tax Products CD, and get: General Instructions Purpose of Form Use Form 5310 to request an IRS determination as to the qualified status (under section 401(a) or section 403(a)) of a pension, profit-sharing, or other deferred compensation plan upon plan termination. This form can no longer be used to determine whether an employer is a member of an Affiliated Service Group status (ASG). Who May Not File This form may not be filed for: · A multi-employer plan covered by PBGC insurance. · A request on a determination on the plan's qualification status for a partial termination. · A plan sponsor who is not certain if they are a member of an ASG. In these cases, use Form 5300 instead of Form 5310. Type of Letter · Sponsor Letter: specific employer. What To File All applications must contain an original signature and must be accompanied by the following applicable items: · The appropriate user fee and Form 8717, User Fee for Employee Plan Determination Letter Request. Please submit a separate check for each application. For multiple employer · Determination Letter issued to a 1. Advisory issued to a sponsor of a volume submitter plan. 2. Opinion issued to a sponsor of a prototype plan. Cat. No. 49984R plans, the fee is based on the number of participating employers. · A copy of the plan document. · A copy of all amendments made since the last determination letter. · A statement explaining how the amendments affect or change this plan or any other plan maintained by the employer. · All applications for plans that have, at any time in the past, received a favorable determination letter must include a copy of the plan's latest determination letter. See Line 3c under Specific Instructions. · A copy of the latest opinion letter for a standardized master or prototype plan, if any. · A copy of the latest opinion or advisory letter for a master or prototype plan or volume submitter plan on which the employer is entitled to rely, if applicable. · Copies of all records of all actions taken to terminate the plan. · Schedule Q (Form 5300) if an elective determination is being requested, and any additional schedules or demonstrations required by these instructions or the instructions for Schedule Q. · Form 8905, Certification of Intent To Adopt a Pre-approved Plan, if an employer intends to switch from the five-year remedial amendment cycle to the six-year remedial amendment cycle by meeting one of the e
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