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Department of the Treasury

Instructions for Form 5307

Internal Revenue Service

(Rev. May 2008)

Application for Determination for Adopters of

Master or Prototype (M&P) or Volume Submitter (VS) Plans

•

Section references are to the Internal

A cash balance plan (use Form 5300,

Type of Plan

Application for Determination for

Revenue Code unless otherwise noted.

•

A Defined Contribution Plan (DCP) is

Employee Benefit Plan);

What’s New for Defined

•

a plan that provides an individual

A multiemployer or multiple-employer

account for each participant and for

plan (use Form 5300);

Contribution Plans

•

benefits based only:

An employee stock ownership plan

Requirements for Switching to

1. On the amount contributed to the

(ESOP) (attach Form 5309, Application

participant’s account, and

6-Year Remedial Amendment Cycle.

for Determination of Employee Stock

2. Any income, expenses, gains and

All applications must be accompanied

Ownership Plan, to Form 5300);

•

losses, and any forfeitures of accounts

by new Form 8905, Certification of

An individually designed plan (other

of other participants that may be

Intent To Adopt a Pre-approved Plan, if

than an approved VS plan) (use Form

allocated to the participant’s account.

an employer intends to switch from the

5300); or

•

A Defined Benefit Plan (DBP) is any

5-year remedial amendment cycle to

A request to determine if you are a

plan that is not a DCP.

the 6-year remedial amendment cycle

member of an affiliated service group

by meeting one of the eligibility

(use Form 5300).

A qualified plan must satisfy

requirements for the 6-year remedial

section 401(a) including, but not

amendment cycle. For more

Where To File

limited to, participation, vesting,

CAUTION

information, see Rev. Proc. 2007-44,

nondiscriminatory contributions or

which is on page 54 of Internal

File Form 5307 at the address indicated

benefits, distributions, and contribution

Revenue Bulletin 2007-28 at

below:

and benefit limitations.

gov/pub/irs-irbs/irb07-28.pdf.

Internal Revenue Service

Who May File

P.O. Box 192

Disclosure Request by

This form may be filed by an adopter of:

Covington, KY 41012-0192.

•

An approved non-standardized M&P

Taxpayer

plan,

Private Delivery Services. In addition

•

A taxpayer can authorize the IRS to

An approved VS plan, or

to the United States mail, you can use

•

disclose and discuss the taxpayer’s

An approved standardized plan

certain private delivery services

return and/or return information with

under the circumstances described in

designated by the IRS to meet the

any person(s) the taxpayer designates

Rev. Proc. 2005-16, as modified by

“timely mailing as timely filing/paying”

in a written request. Use Form 2848,

Rev. Proc. 2007-44.

rule for tax returns and payments.

Power of Attorney and Declaration of

See Announcement 2001-77, 2001-30

These private delivery services include

Representative, if the representative is

I.R.B. 83 for exceptions.

only the following:

•

qualified to sign, or Form 8821, Tax

DHL Express (DHL): DHL Same Day

Standardized Plans

Information Authorization, for this

Service, DHL Next Day 10:30 am, DHL

purpose. See Pub. 947, Practice Before

Standardized plans will generally satisfy

Next Day 12:00 pm, DHL Next Day

the IRS and Power of Attorney, for

the requirements of sections 410(b) and

3:00 pm, and DHL 2nd Day Service.

more information.

•

401(a)(4) if they follow the terms of

Federal Express (FedEx): FedEx

their plan document. Specific

Priority Overnight, FedEx Standard

determinations regarding sections

Overnight, FedEx 2Day, FedEx

Public Inspection

410(b) and 401(a)(4) are not routinely

International Priority, and FedEx

Form 5307 is open to public inspection

issued for these plans since a

International First.

if there are more than 25 plan

•

standardized plan operated in

United Parcel Service (UPS): UPS

participants. The total number of

accordance with its terms will satisfy

Next Day Air, UPS Next Day Air Saver,

participants must be shown on line 4e.

the requirements of sections 410(b) and

UPS 2nd Day Air, UPS 2nd Day Air

See the instructions for line 4e for a

401(a)(4).

A.M., UPS Worldwide Express Plus,

definition of participant.

and UPS Worldwide Express.

Who May Not File

The private delivery service can tell

This form may not be filed to request a

you how to get written proof of the

General Instructions

determination letter for:

mailing date.

•

An M&P adopter that amends the

plan other than through the choice of

Purpose of Form

How To Complete the

elections offered under the approved

Adopters of Master or Prototype (M&P)

adoption agreement. However, an M&P

Application

or volume submitter (VS) plans file

adopter may amend the adoption

Form 5307 to request a determination

agreement to add overriding language

Applications are screened for

letter from the IRS for the qualification

for sections 415 or 416 because of the

completeness. The application must be

of a defined benefit or a defined

aggregation of plans or may amend the

signed by the employer, plan

contribution plan and the exempt status

trust or custodial account document to

administrator, or authorized

of any related trust.

make any permitted changes;

representative.

Cat. No. 11833J

Instructions For Form 5307 - Application For Determination For Adopters Of Master Or Prototype (M&p) Or Volume Submitter (Vs) Plans

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