Form 4461-A - Application For Approval Of Master Or Prototype Or Volume Submitter Defined Benefit Plan Page 11
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Form 4461-A (Rev. 3-2008)
Page
plan that is substantially similar to the
Mass submitter. As set forth in Rev.
Prototype plan. A form of plan that is
Proc. 2005-16, any entity that submits
VS practitioner’s specimen plan.
made available by a sponsor for
applications on behalf of at least 30
adoption by employers under which a
Volume Submitters without Adoption
unaffiliated sponsors each of which is
separate funding medium is established
Agreements. A VS specimen plan may
sponsoring, on a word-for-word identical
for each adopting employer. A prototype
include blanks or fill-in provisions for the
basis, the same basic plan document
plan consists of a basic plan document,
employer to complete only if the plan
and one or more of the adoption
an adoption agreement, and unless the
also includes parameters on these
agreements associated with that basic
basic plan document incorporates a
provisions that preclude an employer
plan document. Once the mass
trust or custodial account agreement the
from completing them in a manner that
submitter has submitted applications on
provisions of which are applicable to all
could violate the qualification
behalf of 30 unaffiliated sponsors with
adopting employers, a trust or custodial
requirements.
respect to any basic plan document, it
account document.
will be treated as a mass submitter with
Specimen Plan. A specimen plan is a
Specific Instructions
respect to all the other basic plan
sample plan, including the related trust
documents and associated adoption
Line 1. All applications must be
or custodial account, of a VS practitioner
agreements for which it requests opinion
accompanied by the appropriate user
(rather than the actual plan of an
letters, regardless of the number of
fee from the schedule set forth in Rev.
employer). A specimen plan may include
identical adopters of such other plans.
Proc. 2007-8, I.R.B. 2007-1, 230 when
an adoption agreement.
filing Form 4461-A. Applications
Notwithstanding the above, any entity
Sponsor. Any person that has an
submitted without the proper user fee
that received a favorable GUST opinion
established place of business in the
will not be processed and will be
letter for a plan as a mass submitter will
United States where it is accessible
returned to the applicant.
continue to be treated as a mass
during every business day and
submitter if it submits applications on
Line 3a. Enter the name and address of
represents to the Service that it has at
behalf of at least 10 sponsors
the applicant. If the Post Office does not
least 30 employer-clients each of which
(regardless of affiliation) each of which is
deliver mail to the street address and
is reasonably expected to adopt the
sponsoring, on a word-for-word identical
the sponsor has a P.O. box number,
sponsor’s basic plan document and one
basis, the same basic plan document
show the box number instead of the
or more of the adoption agreements
and one or more of the adoption
street address.
associated with that basic plan
agreements associated with that basic
document. Once a person represents to
Line 3d. Complete type of applicant. If
plan document. Once the mass
the Service that at least 30 employers
Volume Submitter Practitioner is the type
submitter has submitted applications on
are reasonably expected to adopt its
that has either (a) 30 or more adopting
behalf of 10 sponsors with respect to
basic plan document, it will be treated
employers in each of 30 or more states
any basic plan document, it will be
as a sponsor with respect to all the
or (b) 3,000 or more adopting employers,
treated as a mass submitter with respect
basic plan documents and associated
check the box next to Volume submitter
to all the other basic plan documents
adoption agreements for which it
national sponsor.
and associated adoption agreements for
requests opinion letters, regardless of
which it requests opinion letters,
Line 4a. If the person to be contacted is
the number of employers that are
regardless of the number of identical
other than an employee of the applicant,
expected to adopt such other plans.
please enclose an authorized power of
adopters of such other plans. Affiliation
Notwithstanding the above, any person
attorney. See Disclosure requested by
is determined under sections 414(b) and
that has an established place of
(c) of the Code. Additionally, the
taxpayer on page 10.
business in the United States where it is
following will be considered to be
accessible during every business day
Line 4c. The applicant should include an
affiliated: any law, accounting, consulting
and is a word-for-word identical adopter
email address in order for the IRS to
firm, etc. with its partners, members,
or minor modifier adopter of an M&P
send an interim email notifying the
associates, etc.
plan of a mass submitter will be treated
applicant that review of the applicable
as a sponsor with respect to such plan,
plan has been completed, subject to
Master plan. A form of plan that is
regardless of the number of employers
final approval by opinion or advisory
made available by a sponsor for
that are expected to adopt such plan.
letter.
adoption by employers for which a
Standardized plan. A plan that meets
single funding medium (for example, a
Line 5a. Enter the two-digit basic plan
the specific requirements of Part II of
trust or custodial account, see section
document number you have assigned to
this form.
4.05 of Rev. Proc. 2005-16) is
the specimen plan or basic plan
established, as part of the plan, for the
VS Mass Submitter. Any person that
document designed to accompany the
joint use of all adopting employers. A
has an established place of business in
adoption agreement for which you are
master plan consists of a basic plan
the United States where it is accessible
requesting approval. All basic plan
document, an adoption agreement, and,
during every business day and submits
documents from one sponsor which are
unless included in the basic plan
advisory letter application on behalf of at
the same (word-for-word) should use the
document, a trust or custodial account
least 30 unaffiliated practitioners each of
same two-digit number on all
document.
which is sponsoring, on a word-for-word
applications. The first basic plan
identical basis.
National Sponsor. A sponsor which has
document submitted should be
either: (a) 30 or more adopting
numbered “01,” the second, “02.” The
VS Practitioner. Any person that has an
employers in each of 30 or more states,
first specimen plan should be numbered
established place of business in the
or (b) 3,000 or more adopting employers
“001,” the second “002,” etc.
United States where it is accessible
on any one date during the 12-month
during every business day and
Line 5b. Enter the three-digit number
period ending on April 18, 2005. For this
represents to the Service that it has at
you have assigned to the adoption
purpose, an adopting employer is any
least 30 employer-clients each of which
agreement for which this application is
employer that has adopted any plan of
is reasonably expected to timely adopt a
submitted. Each different adoption
the sponsor which has a GUST opinion
agreement designed to accompany a
or notification letter.
single basic plan document should be
given a different three-digit number
beginning with “001.” For example, if the
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