Fillable Form 5308 - Request For Change In Plan/trust Year (Page 2 of 2) in pdf

Form 5308 (Rev. 4-2013)

Page

Instructions

When and Where To File

File this form in duplicate with the Internal Revenue Service,

Section references are to the Internal Revenue Code unless otherwise

Commissioner, TE/GE, Attention: SE:T:EP:RA, P.O. Box 27063,

noted.

McPherson Station, Washington, DC 20038, on or before the last day of

Future Developments

the end of the short period required to make the change.

On each attachment to Form 5308, write “Form 5308” and show the

For the latest information about developments related to Form 5308 and

plan or trust’s name, identifying number, address, and date of filing.

its instructions, such as legislation enacted after they were published,

go to

User Fee

Purpose of Form

All applications must be accompanied by the appropriate user fee.

Applications submitted without the proper user fee will not be

Use this form instead of Form 1128, Application To Adopt, Change, or

processed and will be returned to the applicant.

Retain a Tax Year, to request approval to change the plan/trust year of

certain employee retirement plans.

To determine the proper user fee, see Rev. Proc. 2013-8, 2013-1

I.R.B. 237, available at or the

Change in funding methods. Do not file Form 5308 to change your

current superseding revenue procedure.

plan’s funding method. See Rev. Proc. 2000-40, 2000-42 I.R.B. 357

(automatic approval for certain changes in funding method) and Rev.

Information Requested

Proc. 2000-41, 2000-42 I.R.B. 371.

You must furnish all of the applicable information requested. Otherwise,

Who Must File

your request may not be approved.

Except as described below, any employee retirement plan to which the

Signature

minimum funding standards of section 412 apply (such as a defined

benefit plan, money purchase pension plan, or target benefit plan) must

An application for a single employer plan must be signed by the

file Form 5308 to request approval to change its plan year.

employer. An application for a plan of more than one employer must be

signed by the plan administrator.

Any employees’ trust forming a part of a qualified plan (whether or not

the trust is part of a plan subject to section 412) must file Form 5308 to

If someone else is filing Form 5308 on behalf of a taxpayer, a power of

request approval to change its trust year.

attorney must be included specifically authorizing that person to

represent the taxpayer. Form 2848, Power of Attorney and Declaration

Exceptions. The following plans do not have to file Form 5308 to

of Representative, may be used for this purpose.

request approval to change their plan year:

• Profit-sharing plans.

Privacy Act and Paperwork Reduction Act Notice

• Stock bonus plans.

We ask for information on this form to carry out the Internal Revenue

• Insurance contract plans described in section 412(e)(2).

laws of the United States. We need it to ensure you are complying with

these laws, to determine whether you meet the requirements for

• Governmental plans described in section 414(d).

changing the plan/trust year, and to process your request. You are not

• Church plans described in section 414(e) that have not made the

required to request a change in the plan/trust year; however, if you want

election under section 410(d).

to request such a change, you are required to provide the information

requested on this form. Section 6109 requires you to provide the

• Plans that have not, at any time after 9/2/74, provided for employer

requested identification numbers. Failure to provide this information

contributions.

timely and in accordance with instructions, or providing false

• Certain plans established and maintained by fraternal benefit societies,

information, may delay or prevent processing your request and may

orders, or associations (see section 412(e)(2)).

subject you to penalties.

• Certain plans established and maintained by voluntary employee’s

You are not required to provide the information requested on a form

beneficiary associations (see section 412(e)(2)).

that is subject to the Paperwork Reduction Act unless the form displays

a valid OMB control number. Books or records relating to a form or its

Automatic approval. Instead of filing Form 5308, a plan or trust is

instructions must be retained as long as their contents may become

granted automatic approval to change its plan/trust year if all the

material in the administration of any Internal Revenue law. Generally, tax

following requirements are met:

returns and return information are confidential, as required by section

• All actions necessary to implement the change of plan year, including

6103. However, section 6103 sometimes permits or requires us to

plan amendment and a resolution of the Board of Directors (if

disclose information. We may give the information to the Department of

applicable), have been taken on or before the short period.

Justice for civil and criminal litigation, to the Department of Labor for

• No plan year is longer than 12 months.

administration of ERISA, and to other federal agencies as provided by

law. We may give it to cities, states, the District of Columbia, and U.S.

• The change will not delay the time when the plan would otherwise

commonwealths or possessions to administer their tax laws. We may

have been required to conform to the requirements of any statute,

give it to foreign governments under a tax treaty, and to federal and

regulation, or published position of the IRS.

state agencies to enforce federal nontax criminal laws and to combat

• The trust, if any, retains its exempt status for the short period required

terrorism.

to effect the change as well as for the taxable year immediately

The time needed to complete and file this form will vary depending on

preceding the short period.

individual circumstances. The estimated average time is 7 hrs., 54 min.

• The trust, if any, has no unrelated business taxable income under

If you have comments concerning the accuracy of this time estimate

section 511 for the short period.

or suggestions for making this form simpler, we would be happy to hear

• No change of plan year has been made for any of the 4 preceding

from you. You can write to the Internal Revenue Service, Tax Products

plan years.

Coordinating Committee, SE:W:CAR:MP:T:M:S, 1111 Constitution Ave.,

NW, IR-6526, Washington, DC 20224. Do not send the form to this

• Defined benefit plan deductions are taken as described in section 5 of

address. Instead, see When and Where To File above.

Rev. Proc. 87-27, 1987-1 C.B. 769.

See Rev. Proc. 87-27 for more information about changing a plan/

trust year.

Address

Include the suite, room, or other unit number after the street address. If

the post office does not deliver mail to the street address and the plan

has a P.O. box, show the box number instead of the street address.

Form 5308 - Request For Change In Plan/trust Year Page 2

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