Form 5309 - Application For Determination Of Employee Stock Ownership Plan Page 3
Download a blank fillable Form 5309 - Application For Determination Of Employee Stock Ownership Plan in PDF format just by clicking the "DOWNLOAD PDF" button.
Open the file in any PDF-viewing software. Adobe Reader or any alternative for Windows or MacOS are required to access and complete fillable content.
Complete Form 5309 - Application For Determination Of Employee Stock Ownership Plan with your personal data - all interactive fields are highlighted in places where you should type, access drop-down lists or select multiple-choice options.
Some fillable PDF-files have the option of saving the completed form that contains your own data for later use or sending it out straight away.
ADVERTISEMENT
1
2
33
Form 5309 (Rev. 1-2012)
Page
What's New
An S corporation-sponsored ESOP
Paperwork Reduction Act Notice.
must provide that no prohibited
We ask for the information on this
The IRS has created a page on
allocation of employer stock may be
form to determine whether you meet
IRS.gov for information about
made to a disqualified person for a
the legal requirements for the plan
Form 5309 and its instructions, at
nonallocation year. This applies to all
approval you request. Your filing of
Information
plan years beginning on or after
this information is only required if you
about any recent developments
January 1, 2005. This applies to plan
wish the IRS to determine if your plan
affecting Form 5309 will be posted
years ending after March 14, 2001, if:
qualifies under section 4975(e)(7).
on that page.
1. The ESOP was established after
You are not required to provide
General Information
March 14, 2001, or
the information requested on a form
that is subject to the Paperwork
2. The ESOP was established on
Section references are to the Internal
Reduction Act unless the form
or before March 14, 2001, if the
Revenue Code unless otherwise
displays a valid OMB control
employer maintaining the ESOP had
noted.
number. Books or records relating to
not made an S-corporation election
a form or its instructions must be
Use this form to apply for a
in effect on such date.
retained as long as their contents
determination letter for an employee
How To Complete the Application
may become material in the
stock ownership plan (ESOP) that
administration of any Internal
meets the requirements of section
• If a number is requested, a number
Revenue law. Generally, tax returns
4975(e)(7). Attach Form 5309 to
must be entered.
and return information are
Form 5300, Application for
• If an item provides a box to check,
confidential, as required by section
Determination for Employee Benefit
written responses are not
6103.
Plan.
acceptable.
The time needed to complete and
The plan you establish must be
• The application has formatted
file this form will vary depending on
designed to invest primarily in
fields that will limit the number of
individual circumstances. The
employer securities. For a definition
characters entered per field.
estimated average time is:
of employer securities and how it
• All data input will need to be
applies to your plan, see section
Recordkeeping . . 6 hr., 13 min.
entered in Courier 10 point font.
409(I) or section 4975(e)(8). Also see
Learning about the
Regulations section 54.4975-11 for
• Alpha characters should be
law or the form . . 2 hr., 10 min.
the formal plan requirements of an
entered in all capital letters.
ESOP.
Preparing and
• Enter spaces between any words.
sending the form
More information. For more
Spaces do not count as characters.
to the IRS
. . . . 2 hr., 22 min.
information about the latest
What To File
developments on Form 5309 and its
If you have comments concerning
instructions, go to
the accuracy of these time estimates
To receive a determination on
form5309.
or suggestions for making this form
whether a plan, initially or as a result
simpler, we would be happy to hear
of a plan amendment, meets the
General Instructions
from you. You can write to the
requirements of section 4975(e)(7),
Internal Revenue Service, Tax
submit Form 5309, Form 5300, and
A Change To Note
Products Coordinating Committee,
a copy of all documents and
The questions with regard to tax
SE:W:CAR:MP:T:M:S, 1111
statements required by those forms.
credit ESOPs have been deleted. If
Constitution Ave. NW, IR-6526,
Attach the completed Form 5309 to
your plan involves such a plan,
Washington, DC 20224.
Form 5300.
please state so in the cover letter
Signature
and refer to Regulations section
1.46-8(d) for the formal requirements
Form 5309 must be signed by the
of a tax credit ESOP. The question
principal officer authorized to sign.
relating to type of plan has been
Note. Stamped signatures are not
deleted from the form.
acceptable; see Rev. Proc. 2012-4,
Who May File
2012-1 I.R.B. 125, at
pub/irs-irbs/irb12-01.pdf.
1. Any corporate employer who
has established an ESOP intended
to meet the requirements under
section 4975(e)(7).
2. Any corporate employer who
amends an ESOP under section
4975(e)(7).
ADVERTISEMENT
0 votes
Related Articles
Related forms
Form 5300 - Application For Determination For Employee Benefit Plan - Internal Revenue Service
Financial
Form 5307 - Application For Determination For Adopters Of Master Or Prototype Or Volume Submitter Plans Form - Internal Revenue Service
Financial
Related Categories
Parent category: Financial