Form 5316 - Application For Group Or Pooled Trust Ruling Page 5
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65
Form 5316 (6-2011)
Page
Specific Instructions
Line 7. A group trust retiree benefit plan that is a governmental plan
for purposes of section 401(a)(24) is treated as meeting the
Line 1a and 1b. Enter the name and address of the trust
requirement to be tax exempt if it is not subject to federal income
sponsor/employer.
taxation.
Address should include the suite, room, or other unit number after
Line 8. Each group trust retiree benefit plan which adopts the group
the street address. If the post office does not deliver mail to the
trust must expressly provide in its governing document that it is
street address and the plan has a P.O. box, show the box number
impossible for any part of the corpus or income of the group trust
instead of the street address. The address should be the address of
retiree benefit plan to be used for, or diverted to, purposes other
the sponsor/employer.
than for the exclusive benefit of the plan participants and their
beneficiaries. For more information see Rev. Rul. 2011-1.
Line 1g. Enter the 9-digit trust employer identification number (EIN)
assigned to the trust sponsor.
Line 9. The group trust instrument must expressly limit the assets
that may be held by the group trust to assets that are contributed
The trust sponsor/employer must have an EIN. To apply for an
by, or transferred from, a group trust retiree benefit plan to the
EIN:
group trust (and the earnings on the assets), and the group trust
• Mail or fax Form SS-4, Application for Employer Identification
instrument must expressly provide for the separate accounts (and
Number, obtained by calling 1-800-TAX-FORM (1-800-829-3676).
appropriate records) to reflect the interest which each adopting
group trust retiree benefit plan has in the group trust. This includes
• Call 1-800-829-4933 to receive your EIN by telephone.
separate accounting for contributions to the group trust from the
• Select the Online EIN Application link at IRS.gov. The EIN is
adopting plan, disbursements made from the adopting plan's
issued immediately once the application information is validated.
account in the group trust, and investment experience of the group
Note. This EIN must be used in all subsequent filings of the trust
trust allocable to that account. A transaction or accounting method
determination letter requests.
which has the effect of directly or indirectly transferring value from
the account of one adopting plan into the account of another
Line 2a. Complete this line, or check the box and attach a power of
adopting plan violates this separate accounting requirement.
attorney or other written designation. The contact person will
However, a transaction that merely exchanges investments at fair
receive copies of all correspondence as authorized. See instructions
market value between the accounts of one adopting plan to another
for Form 2848 or Form 8821.
account of that adopting plan does not violate this separate
Line 3a. Due to space restrictions this field is limited to 70
accounting requirement.
characters, including spaces. Please complete this item with how
the trust name should read on the trust determination letter to the
How To Get Forms, Publications, and
extent permitted. Due to this restriction, please keep in mind that
Assistance
“Employees” and “Trust” are not needed and will be left off if space
does not permit.
Internet. You can access the IRS website 24 hours a day, 7 days a
Line 3b. Enter the date the trust agreement was executed.
week at IRS.gov to:
Line 4. Each group trust retiree benefit plan must adopt the group
• Download forms, instructions, and publications;
trust as part of the plan. A group trust retiree benefit plan is defined
• Order IRS products on-line;
as a pension, profit-sharing, and stock bonus trust or custodial
• Research your tax questions on-line;
account qualifying under section 401(a) that is exempt under
section 501(a); an individual retirement account that is exempt
• Search publications on-line by topic or keyword; and
under section 408(e); an eligible governmental plan trust or
• Sign up to receive local and national tax news by email.
custodial account under section 457(b) that is exempt under section
DVD of tax products. You can order Publication 1796, IRS Tax
457(g); a custodial account under section 403(b)(7); a retirement
Products DVD, and obtain:
income account under section 403(b)(9); and a section 401(a)(24)
governmental plan.
• Current-year forms, instructions, and publications.
Line 5. The group trust instrument must expressly limit participation
• Prior-year forms, instructions, and publications.
in the group trust to group trust retiree benefit plans. The group
• Tax Map: an electronic research tool and finding aid.
trust instrument may also limit participation in the group trust to
• Tax Law frequently asked questions.
certain types of group trust retiree benefit plans. For example, the
• Tax Topics from the IRS telephone response system.
group trust instrument may limit participation in the group trust to
pension, profit-sharing, and stock bonus trusts qualifying under
• Internal Revenue Code — Title 26.
section 401(a) that are exempt under section 501(a), and individual
• Fill-in, print, and save features for most tax forms.
retirement accounts exempt under section 408(e). See Rev. Rul.
• Internal Revenue Bulletins.
2011-1 for information on the assets of commingled trust funds.
• Toll-free and email technical support.
Line 6. The group trust instrument must expressly prohibit any part of its
corpus or income that equitably belongs to any adopting group trust
• The DVD is released twice during the year.
retiree benefit plan from being used for, or diverted to, any purpose
— The first release will ship the beginning of January.
other than for the exclusive benefit of the participants and the
— The final release will ship the beginning of March.
beneficiaries of the group trust retiree benefit plan. Plan assets are
treated as used for, or diverted to, a purpose other than for the exclusive
Purchase the DVD from the National Technical Information
benefit of the plan participants or beneficiaries if the assets of one group
Service (NTIS) at for $30 (no handling fee), or
trust retiree benefit plan are used to provide benefits under another
call 1-877-233-6767 toll-free to purchase the DVD for $30 (plus a $6
group trust retiree benefit plan even if the plan participant or beneficiary
handling fee) (price subject to change).
receiving the benefits is a participant or beneficiary under both plans.
5316
Form
(6-2011)
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