Instructions For Form 5310-A (May 1991) Notice Of Merger, Consolidation, Or Transfer Of Plan Assets Or Liabilities printable pdf download

Department of the Treasury

Internal Revenue Service

Instructions for

Form 5310-A

(May 1991)

Notice of Merger, Consolidation, or Transfer of Plan

Assets or Liabilities

(Section references are to the Internal Revenue Code.)

Paperwork Reduction Act Notice.—We ask for the information on this form to

unallocated suspense account or

carry out the Internal Revenue laws of the United States. You are required to give us

outstanding section 412(d) waiver

the information. We need it to ensure that you are complying with these laws and to

balances.

allow us to figure and collect the right amount of tax.

b. The sum of the account balances

The time needed to complete and file the form is listed below and will vary

for each of the participants in the

depending on individual circumstances. The estimated average time is:

resulting plans equals the account

balance of the participant in the plan

Preparing, copying,

Learning about the law

assembling, and sending

before the spinoff.

Recordkeeping

or the form

the form to IRS

c. The assets in each of the plans

Form 5310-A

6 hrs., 13 min.

42 min.

50 min.

immediately after the spinoff equals the

If you have comments concerning the accuracy of these time estimates or

sum of the account balances for all

suggestions for making this form more simple, we would be happy to hear from you.

participants in that plan. For example,

You can write to both the Internal Revenue Service, Washington, DC 20224,

there is no unallocated suspense

Attention: IRS Reports Clearance Officer, T:FP; and the Office of Management and

account or outstanding section 412(d)

Budget, Paperwork Reduction Project, (1545-1225), Washington DC, 20503. Do Not

waiver balances in any of the plans spun

send the form to either of these offices. Instead, see below for information on where

off.

to file.

3. Two or more defined benefit plans

are merged into one defined benefit plan

Purpose of Form

Exception. Do not file Form 5310-A if

and both of the following conditions are

the merger, consolidation or transfer of

met:

Form 5310-A is used by plans to give

plan assets or liabilities complies with

a. The total liabilities (the present

notice of merger, consolidation, or

Regulations section 1.414(l)-1(d), (h), (m)

value of benefits whether or not vested)

transer of plan assets or liabilities to

or (n)(2). Generally these requirements

that are merged into the larger plan

another plan (required by Code section

will be satisfied in the following four

involved in the merger are less than 3

6058(b)).

situations:

percent of the assets of the larger plan.

1. Two or more defined contribution

This condition must be satisfied on at

General Instructions

plans are merged and all of the

least one day in the larger plan’s plan

following conditions are met:

year during which the merger occurs. All

To save you time from having to

a. The sum of the account balances in

previous mergers occurring in the same

resubmit a corrected Form 5310-A,

each plan prior to the merger equals the

plan year are taken into account in

please be sure to enter a response for

fair market value of the entire plan

determining the percentage of assets

each required line item. Here are some

assets. For example, each plan has no

described above. In addition, mergers

tips to help you complete the form

occurring in previous or subsequent plan

unallocated suspense account or

correctly.

years are taken into account in

outstanding section 412(d) waiver

1. N/A (not applicable) is accepted as

determining the percentage of assets

balances.

a response only for line 1c.

above if such mergers are, in substance,

b. The assets of each plan are

2. If an item requests a numeric

one transaction along with the merger

combined to form the assets of the plan

response, a number must be entered.

occurring during the current plan year.

as merged.

The IRS may, at its discretion, require

Aggregating mergers may cause a

c. Immediately after the merger, each

additional information any time it is

merger for which a Form 5310-A was

participant in the plan as merged has an

deemed necessary.

not initially required to be filed to

account balance equal to the sum of the

become reportable as a result of a

account balances the participant had in

A. Who Must File

subsequent merger. In this case, the

the plans immediately prior to the

merger(s) must be reported on the Form

merger.

Pension Plan, Profit-Sharing Plan, and

5310-A filed with respect to the

other Deferred Compensation Plan.—

2. There is a spinoff of a defined

subsequent merger. For example,

Any sponsor or plan administrator of a

contribution plan and all of the

assume that a merger involving less than

pension, profit-sharing, or other deferred

following conditions are met:

3% of the assets of the larger plan

compensation plan (except a

a. The sum of the account balances in

occurs in the first month of the larger

multiemployer plan covered by PBGC

the plan prior to the spinoff equals the

plan’s plan year. In the fourth month of

insurance) should file this form for a plan

fair market value of the entire plan

the larger plan’s plan year a second

merger, a plan consolidation, or a

assets. For example, the plan has no

merger occurs involving liabilities equal

transfer of plan assets or liabilities to

to 2% of the assets of the larger plan.

another plan. See Code section 6058(b).

The total of both mergers exceeds 3%

Cat. No. 12899J

Instructions For Form 5310-A (May 1991) Notice Of Merger, Consolidation, Or Transfer Of Plan Assets Or Liabilities

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