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


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
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.
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
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
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
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
years are taken into account in
outstanding section 412(d) waiver
1. N/A (not applicable) is accepted as
determining the percentage of assets
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
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


00 votes

Related Articles

Related forms

Related Categories

Parent category: Financial
Page of 3