Instructions For Form 5310-A - Notice Of Plan Merger Or Consolidation, Spinoff, Or Transfer Of Plan Assets Or Liabilities; Notice Of Qualified Separate Lines Of Business


Instructions for
Department of the Treasury
Internal Revenue Service
Form 5310-A
(Rev. November 2010)
Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan Assets or
Liabilities; Notice of Qualified Separate Lines of Business
merger. In the case of a plan spinoff,
filed a new notice for the 2009 testing
Section references are to the Internal
file Form 5310-A only for the plan in
year. During 2010, Employer A elects
Revenue Code unless otherwise noted.
existence before the spinoff.
not to treat itself as operating QSLOBs
What’s New
for the 2010 testing year. Employer A
Qualified separate lines of
must revoke the last notice it filed (that
business. The employer must file
The form and instructions have
is, the notice for the 2009 testing year).
undergone revisions in the format and
notice that it elects to be treated as
Employer A must revoke the notice filed
the information required. Review these
operating QSLOBs or that it either
for the 2009 testing year by filing Form
documents before completing the
modifies or revokes a previously filed
5310-A for the 2010 testing year and
notice. Only one notice per employer,
indicating on line 9 of the Form 5310-A
within the meaning of sections 414(b),
that it is revoking a previously filed
(c), and (m) is required.
General Instructions
notice and is no longer testing on a
QSLOB basis. If such notice is not filed
on or before the notification date for the
Purpose of Form
Example One - Initial Notice
2010 testing year, the notice filed for
the 2009 testing year will be treated as
Employer A is composed of four
Form 5310-A is used by employers to
the only notice filed for the 2010 testing
separate corporations that are treated
give notice of:
year (see Part III).
as one employer within the meaning of
A plan merger or consolidation that is
section 414(b). Employer A treats each
the combining of two or more plans into
corporation as a separate line of
a single plan.
Exceptions From Filing
business. The 2008 testing year is the
A plan spinoff that is the splitting of a
Notice of Plan Merger or
first year for which Employer A elects to
single plan into two or more spinoff
be treated as operating QSLOBs for the
Consolidation, Spinoff,
purpose of section 410(b) (see When
A plan transfer of plan assets or
To File for a definition of “testing year”).
liabilities to another plan that is the
or Transfer of Plan
Employer A must file Form 5310-A and
splitting off of a portion of the assets or
Assets or Liabilities
provide information on each of the four
liabilities of the transferor plan and the
QSLOBs on or before the notification
concurrent acquisition or assumption of
Direct rollover. Do not file Form
date for the 2008 testing year (see
these split-off assets or liabilities by the
5310-A for an eligible rollover
When To File for a definition of
transferee plan.
distribution that is paid directly to an
“notification date”). If the notice is not
Qualified separate lines of business
eligible retirement plan in a direct
timely filed, Employer A is not treated
rollover as described in section
as operating QSLOBs for purposes of
Note. An IRS determination letter will
the coverage rules for the 2008 testing
not be issued when a Form 5310-A is
year (see Part III ).
Plan merger or consolidation or
Example Two - Modification
spinoff. Do not file Form 5310-A if the
Who Must File
plan merger or consolidation or the
The facts are the same as in Example
spinoff complies with Regulations
One. During the 2009 testing year,
Pension plan, profit-sharing plan,
section 1.414(l)-1(d), (h), (m), or (n)(2).
Employer A sold QSLOB four. Also,
or other deferred compensation
assume that Employer A timely filed
plan. Any sponsor or plan administrator
Generally, these requirements will
Form 5310-A for the 2008 testing year.
of a pension, profit-sharing, or other
be satisfied in the following four
For the 2009 testing year, Employer A
deferred compensation plan (except a
intends to treat QSLOBs one and two
multi-employer plan covered by Public
1. Two or more defined contribution
as a single QSLOB. Employer A must
Benefit Guarantee Corporation (PBGC)
plans are merged and all of the
modify its initial notice by filing Form
insurance) should file this form for a
following conditions are met:
5310-A on or before the notification
plan merger or consolidation, a spinoff,
a. The sum of the account balances
date for the 2009 testing year, including
or a transfer of plan assets or liabilities
in each plan prior to the merger
a revised list of QSLOBs for line 11 of
to another plan. See section 6058(b).
(including unallocated forfeitures, an
the form. If Employer A does not timely
Note. This form must be filed for each
unallocated suspense account for
provide a new notice, the initial notice
plan with a separate employer
excess annual additions, and an
filed for the 2008 testing year will be
identification and plan number if that
unallocated suspense account for an
treated as the only notice filed for the
plan is involved in a merger or transfer
ESOP) equals the fair market value of
2009 testing year (see Part III).
of plan assets or liabilities. This
the entire plan assets.
Example Three - Revocation
includes plans that were not in
Example. Neither plan has an
existence before the plan merger and
The facts are the same as in Example
outstanding section 412(d) waiver
plans that cease to exist after the plan
Two. Assume that Employer A timely
Cat. No. 12899J


00 votes

Related Articles

Related forms

Related Categories

Parent category: Financial
Page of 5