Instructions For Form 5310 - Application For Determination For Terminating Plan - Department Of Treasury Page 2

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plans, the fee is based on the number
DHL Express (DHL): DHL Same Day
In the case of a plan sponsored by
of participating employers.
Service, DHL Next Day 10:30 am, DHL
two or more entities required to be
A copy of the plan document.
Next Day 12:00 pm, DHL Next Day
combined under section 414(b), (c), or
A copy of all amendments made
3:00 pm, and DHL 2nd Day Service.
(m), one of the members participating in
since the last determination letter.
Federal Express (FedEx): FedEx
the plan; or
A statement explaining how the
Priority Overnight, FedEx Standard
In the case of a plan that covers the
amendments affect or change this plan
Overnight, FedEx 2Day, FedEx
employees and/or partner(s) of a
or any other plan maintained by the
International Priority, and FedEx
partnership, the partnership.
employer.
International First.
The name of the plan sponsor/
All applications for plans that have, at
United Parcel Service (UPS): UPS
employer should be the same name
any time in the past, received a
Next Day Air, UPS Next Day Air Saver,
that was or will be used when the Form
favorable determination letter must
UPS 2nd Day Air, UPS 2nd Day Air
5500 series annual returns/reports are
include a copy of the plan’s latest
A.M., UPS Worldwide Express Plus,
filed for the plan.
determination letter. See Line 3c under
and UPS Worldwide Express.
Address. Include the suite, room, or
Specific Instructions.
The private delivery service can tell
other unit number after the street
A copy of the latest opinion letter for
you how to get written proof of the
address. If the Post Office does not
a standardized master or prototype
mailing date.
deliver mail to the street address and
plan, if any.
the plan has a P.O. box, show the box
A copy of the latest opinion or
How To Complete the
number instead of the street address.
advisory letter for a master or prototype
This address should be the address of
Application
plan or volume submitter plan on which
the sponsor/employer.
the employer is entitled to rely, if
Applications are screened for
applicable.
Line 1b. Enter the 9-digit employer
completeness. The application must be
Copies of all records of all actions
identification number (EIN) assigned to
signed by the employer, plan
taken to terminate the plan.
the plan sponsor/employer. This should
administrator, or authorized
Schedule Q (Form 5300) if an
be the same EIN that was or will be
representative. Incomplete applications
elective determination is being
used when the Form 5500 series
may be returned to the applicant. For
requested, and any additional
annual returns/reports are filed for the
this reason, it is important that an
schedules or demonstrations required
plan. For a multiple employer plan, the
appropriate response be entered for
by these instructions or the instructions
EIN should be the same EIN that was
each line item (unless instructed
for Schedule Q.
or will be used by the participating
otherwise). In completing the
Form 8905, Certification of Intent To
employer when Form 5500 is filed by
application, pay careful attention to the
Adopt a Pre-approved Plan, if an
the employer.
following:
employer intends to switch from the
N/A (not applicable) is accepted as a
Do not use a social security
five-year remedial amendment cycle to
!
response only if an N/A block is
number or the EIN of the trust.
the six-year remedial amendment cycle
provided.
by meeting one of the eligibility
CAUTION
If a number is requested, a number
requirements for the six-year remedial
The plan sponsor/employer must
must be entered.
amendment cycle.
have an EIN. A plan sponsor/employer
If an item provides a choice of boxes
Note. See Guidelines for
without an EIN can apply for one.
to check, check only one box unless
Demonstrations on page 6 regarding
Online — Generally, a plan sponsor/
instructed otherwise.
the content of the demonstrations that
employer can receive an EIN by
If an item provides a box to check,
may be required by these instructions.
Internet and use it immediately to file a
written responses are not acceptable.
The numbers assigned to the
return. Go to the IRS website at
The IRS may, at its discretion,
demonstrations that may be required by
and click
require additional information any time
these instructions are the numbers of
on Employer ID Numbers.
it is deemed necessary.
the corresponding demonstrations
By telephone — Call 1-800-829-4933.
Note. Rev. Proc. 2006-6, 2006-1 I.R.B.
under Schedule Q (Form 5300) and,
By mail or fax — Send in a completed
204 publishes the guidance under
therefore, are not consecutive.
Form SS-4, Application for Employer
which the determination letter program
A copy of all required attachments
Identification Number.
is administered. It is updated annually
and statements.
and can be found in the Internal
The plan of a group of entities
Form 6088, Distributable Benefits
Revenue Bulletin (I.R.B.).
required to be combined under section
from Employee Pension Benefit Plans,
414(b), (c), or (m), whose sponsor is
for all defined benefit or underfunded
more than one of the entities required
defined contribution plans.
to be combined, should only enter the
Specific Instructions
Note. A multiple-employer plan must
EIN of one of the sponsoring members.
submit a Form 6088 for each employer
This EIN must be used in all
Line 1a. Enter the name, address, and
who has adopted the plan.
subsequent filings of determination
telephone number of the plan sponsor/
letter requests, and for filing annual
employer.
Where To File
returns/reports unless there is a change
A plan sponsor means:
of sponsor.
File Form 5310 at the address indicated
In the case of a plan that covers the
below:
Line 1c. Enter the two digits
employees of one employer, the
representing the month the employer’s
Internal Revenue Service
employer;
P.O. Box 192
tax year ends. This is the employer
In the case of a plan maintained by
Covington, KY 41012-0192
whose EIN was entered on line 1b.
two or more employers (other than a
Private Delivery Services. You can
plan sponsored by a group of entities
Line 2. The contact person will receive
use certain private delivery services
required to be combined under section
copies of all correspondence as
designated by the IRS to meet the
414(b), (c), or (m)), the association,
authorized in a Power of Attorney and
“timely mailing as timely filing/paying”
committee, joint board of trustees or
Declaration of Representative, Form
rule for tax returns and payments.
other similar group of representatives of
2848, or Tax Information Authorization,
These private delivery services include
those who established or maintain the
Form 8821. Either complete the
only the following.
plan;
contact’s information on this line, or
-2-

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