Form 4461-A - Application For Approval Of Master Or Prototype Or Volume Submitter Defined Benefit Plan Page 10
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Form 4461-A (Rev. 3-2008)
Page
General Instructions
What To File
Signature. Form 4461-A must be signed
by a partner or officer of the applicant
One copy of Form 4461-A should be
Purpose of Form
who is authorized to sign, or other
submitted for each different adoption
person authorized by a power of
Use Form 4461-A to apply for initial
agreement or for each separate adoption
attorney. The power of attorney should
approval of, or for approval of an
agreement.
be filed with the application.
amendment to a master or prototype
For initial approval, file this application
Disclosure requested by taxpayer. A
(M&P) or Volume Submitter (VS) defined
and each applicable document listed in
taxpayer may request the Service to
benefit plan.
item 9a. For approval of an amendment,
disclose and discuss the return or return
Be sure to submit a complete and
file this application and a copy of each
information with any person(s) the
accurate application. Complete every
applicable document listed in item 9b.
taxpayer designates in a written request.
applicable line on the application. If an
Different parts of this form must be
If you want to designate a person(s) to
item does not apply, check the “N/A”
completed depending on the type of
assist in an application for approval, you
box or enter “N/A” on the line. If your
plan for which you want approval.
must provide the IRS office of
application is not complete, we will
jurisdiction with a written request that
Standardized plans. If you want to
return it without processing it. The first
contains:
receive an opinion letter on a
page must be typed.
standardized plan, complete Parts
The taxpayer’s name, address,
The questions are designed so that,
I and II.
employer identification number, and plan
unless they are not applicable, the article
number(s).
Nonstandardized plans. If you want to
or section and page numbers indicating
The name, address, social security
receive an opinion letter on a plan other
the location in the plan of the provision
number, and telephone number(s) of the
than a standardized, complete Parts I
should be entered in the appropriate
person or persons whom you are
and III.
column. The column marked “CHANGE”
authorizing to receive return information.
is for IRS use only.
Multiple plans. A sponsor may utilize
A paragraph that clearly describes the
one basic plan document for several
Unless otherwise noted, the questions
return or return information that you
in Part I apply to both M&P and VS
plans. A sponsor may, for example,
authorize the IRS to disclose.
defined contribution plans. Parts II and
submit four applications for a given
An authorized signature.
defined benefit basic plan document (an
III apply to M&P Plans. This form was
integrated standardized plan, a
originally used only for M&P plans, and
As an alternative to providing the above
nonintegrated standardized plan, an
statement, you may submit Form 2848,
many items, unless specifically referring
to VS plans, are based on a Listing of
integrated nonstandardized plan, and a
Power of Attorney and Declaration of
Required Modifications (LRM’s)
nonintegrated nonstandardized plan). A
Representative.
separate adoption agreement and
containing sample language designed for
Definitions
completed application must be provided
use in drafting M&P plans. VS
for each such defined benefit plan. In
practitioners may also use this language
Adoption agreement. The portion of the
the case of a simultaneous submission,
if appropriate, and should still complete
plan containing all the options that the
applicable parts of the Form, or explain
only one basic plan document need be
adopting employer may select. The
submitted. If the request is not
why a particular question is not
adoption agreement may include blanks
simultaneous, separate basic plan
applicable.
or fill-in provisions for the employer to
documents must be submitted (but the
complete if it also includes parameters
Request for additional information. If a
number assigned to the basic plan
on these provisions that preclude an
letter requesting additional information or
document of a master or prototype plan
employer from completing them in a
changes to plan documents is sent to
remains the same).
manner that could violate the
the sponsor, VS practitioner, or
qualification requirements. Each
authorized representative, such
Where To File
separate adoption agreement is treated
information and/or changes must be
Master or prototype plan. Send
as a separate plan and will receive its
received no later than 30 days from the
applications for opinions and advisory
own opinion letter.
date of the letter. Failure to respond
letters to:
timely may result in the application being
Basic plan document. The portion of
considered withdrawn. An extension of
Internal Revenue Service
the plan containing all the nonelective
P.O. Box 2508; Room 5106
the 30-day time limit will only be granted
provisions applicable to all adopting
for good cause.
Cincinnati, OH 45201
employers. No options (including blanks
to be completed) may be provided in the
Attn: M&P Coordinator in the case of an
Inadequate submissions. The IRS will
basic plan document except for options
application for an opinion letter, and
return, without further action, plans
in flexible plans.
attn: VS Coordinator in the case of an
which are not in substantial compliance
application for an advisory letter.
Flexible plan. A plan submitted by a
with the qualification requirements or
mass submitter which contains certain
plans that are so deficient that they
For both types of application, a
optional provisions as allowed by
cannot be reviewed in a reasonable
request shipped by Express Mail or a
section 12.03(1) of Rev. Proc. 2005-16,
amount of time.
delivery service should be sent to the
2005-10 I.R.B. 674. Sponsors that adopt
attention of the VS Coordinator or the
Who May File
a flexible plan may include or delete any
M&P Coordinator, whichever is
optional provision designated as such in
applicable to:
Master or prototype plans. Sponsors,
the mass submitter’s plan. A flexible
mass submitters, and national sponsors
Internal Revenue Service
plan adopted by a sponsor which differs
(see Definitions later).
550 Main Street
from the mass submitter plan only
Room 5106
because of the deletion of certain
Volume submitter plans. Practitioners
Cincinnati, OH 45202
optional provisions will be treated as a
(including national sponsors) and mass
word-for-word identical plan to the mass
submitters (see Definitions later).
submitter plan.
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