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Instructions for Form 5300

Department of the Treasury

Internal Revenue Service

(Rev. January 2017)

Application for Determination for Employee Benefit Plan

submits one Form 5300 application for

a DC plan, the DB plan is considered

Section references are to the Internal Revenue

Code unless otherwise noted.

the plan in the name of the controlling

terminated.

member. Any application for an

Future Developments

Terminating plan. If the plan is a

employer wishing to receive its own

terminating plan, file Form 5310,

For the latest information about

determination letter must be submitted

Application for Determination for

developments related to Form 5300 and

with the application of the controlling

Terminating Plan. If benefit accruals or

its instructions, such as legislation

member.

contributions have ceased, the plan and

enacted after they were published, go to

Disclosure request by taxpayer. A

trust won’t be considered terminated

taxpayer can authorize the IRS to

until formal action has been taken to

disclose and discuss the taxpayer's

terminate the plan.

What's New

return and/or return information with any

person(s) the taxpayer designates in a

Revised form. The form and

Who May File

written request. Use Form 2848, Power

instructions have undergone major

of Attorney and Declaration of

revisions in format and information

This form may be filed by:

Representative, or Form 8821, Tax

required.

Individually Designed Plans. This

Information Authorization, for this

form may be filed by the employer,

Note. Filers permitted to submit from

purpose. See Pub. 947, Practice Before

(including a sole proprietor, partnership,

2/1/16 to 1/31/17 (Cycle A3 filers)

the IRS and Power of Attorney, for more

or corporation) or plan administrator to

should use the prior version of Form

information.

request a DL for an individually

5300 (Rev. December 2013).

designed plan that:

Public inspection. Form 5300 is open

Many of the revisions reflect the

to public inspection if there are more

1. Has never received a DL,

changes affecting individually designed

than 25 plan participants. The total

regardless of when the plan was

plans described in Rev. Proc. 2016-37,

number of participants must be shown

adopted;

2016-29 I.R.B. 136, available at

on line 3e. See the instructions for

2. Has previously received a DL and

line 3e for a definition of “participant.”

is specifically authorized to apply for a

including (1) eliminating 5-year remedial

new DL under current IRS guidance.

amendment cycles, and (2) generally

General Instructions

Volume Submitter and Master &

limiting determination letter (DL)

Prototype Plans. An application for a

requests to initial plan qualification and

Purpose of Form

DL for a volume submitter (VS) plan or

qualification on plan termination,

master & prototype (M&P) plan may be

effective January 1, 2017. In addition,

File Form 5300 to request a DL from the

filed on Form 5300 by an employer or

sponsors may submit requests for

IRS for the qualification of a defined

plan administrator, if otherwise

determinations on partial termination

benefit (DB) or a defined contribution

permissible under Rev. Proc. 2016-37,

regardless of their ability to request DLs

(DC) plan and the exempt status of any

during the period announced in IRS

on their plan document. Many other

related trust.

guidance.

changes are intended to reduce

burdens on filers.

If this is a VS plan that has made

Type of Plan

limited modifications to an approved

Note. The DL program is administered

specimen plan (that doesn’t convert the

A DC plan is a plan that provides an

under Rev. Proc. 2016-6, 2016-1 I.R.B.

plan into an individually designed plan),

individual account for each participant

200, available at

file Form 5307, Application for

and for benefits based only on:

2016-01_IRB/ar12.html

(updated

Determination for Adopters of Modified

1. The amount contributed to the

annually), and Rev. Proc. 2016-37.

Volume Submitter (VS) Plans, instead of

participant's account; and

Form 5300. The plan will be reviewed

Review these documents before

2. Any income, expenses, gains and

on the basis of the Cumulative List that

completing the application.

losses, and any forfeiture of accounts of

was considered in issuing the advisory

Defined benefit plan. New information

other participants that may be allocated

letter for the VS plan.

is requested for defined benefit plans in

to the participant's account.

connection with Notice 2015-49,

Note. If no changes have been made

A DB plan is any plan that isn’t a DC

2015-30 I.R.B. 79. See item 7 under

by an adopting employer other than to

plan.

What To File and include the

select among options in the adoption

information in your submission.

agreement or make other permitted

Note. A DB plan can’t be amended to

changes as specified in section 19.03 of

Multiple employer plans. A DL

become a DC plan. If a sponsor of a DB

Rev. Proc. 2015-36, 2015-27 I.R.B. 20,

applicant for a multiple employer plan

plan attempts to amend the plan to

available at

must request a letter for the plan in the

become a DC plan, or if the merger of a

2015-27_IRB/ar08.html, the adopting

name of the controlling member. An

DB plan with a DC plan results solely in

employer must rely on the opinion or

applicant requesting a letter for the plan

advisory letter for the M&P or VS plan.

Dec 13, 2016

Cat. No. 10932P

Instructions For Form 5300 - Application For Determination For Employee Benefit Plan

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