Form 4461 - Application For Approval Of Master Or Prototype Or Volume Submitter Defined Contribution Plans Page 4
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54
Form 4461 (Rev. 1-2012)
Page
behalf of 30 unaffiliated sponsors with
basic plan document incorporates a
adoption agreement is treated as one
specimen plan. Notwithstanding the
respect to any basic plan document, it
trust or custodial account agreement the
will be treated as a mass submitter with
provisions of which are applicable to all
above, any person that has an
respect to all the other basic plan
adopting employers, a trust or custodial
established place of business in the
documents and associated adoption
account document.
United States where it is accessible
agreements for which it requests opinion
during every business day may sponsor
Specimen plan. A specimen plan is a
a specimen plan as a word-for-word
letters, regardless of the number of
sample plan, including the related trust
identical adopter of a specimen plan of a
identical adopters of such other plans. A
or custodial account, of a VS practitioner
mass submitter of a VS plan will be
VS mass submitter, regardless of the
(rather than the actual plan of an
treated as such with respect to each
number of employers that are expected
employer). A specimen plan may include
specimen plan for which the 30-
to adopt the plan.
an adoption agreement.
unaffiliated-practitioners requirement is
M&P Standardized plan. A plan which
Sponsor. Any person that has an
separately met.
meets the specific requirements of
established place of business in the
Notwithstanding the above, for an
Attachment 1, line 11. (See
United States where it is accessible
M&P plan, any entity that received a
pub/irs-tege/form4461_attachment.pdf
during every business day and
favorable TRA ’86 opinion letter for a
or Rev. Proc. 2011-49, 2011-44 I.R.B.
represents to the IRS that it has at least
615.)
plan as a mass submitter under Rev.
30 employer-clients each of which is
Proc. 89-9, 1989-1 C.B. 780, will
reasonably expected to adopt the
Specific Instructions
continue to be treated as a mass
sponsor’s basic plan document and one
submitter if it submits applications on
or more of the adoption agreements
Line 1. All applications submitted must
behalf of at least 10 sponsors
associated with that basic plan
be accompanied by the appropriate user
(regardless of affiliation) each of which is
document. Once a person represents to
fee and Form 8717, User Fee for
sponsoring, on a word-for-word identical
the Service that at least 30 employers
Employee Plan Determination, Opinion
basis, the same basic plan document
are reasonably expected to adopt its
and Advisory Letter Request, as
and one or more of the adoption
basic plan document, it will be treated
determined from the schedule in Rev.
agreements associated with that basic
as a sponsor with respect to all the
Proc. 2012-8, 2012-1 I.R.B. 235, (or the
plan document. Once the mass
basic plan documents and associated
most recent version, updated annually).
submitter has submitted applications on
adoption agreements for which it
Applications submitted without the
behalf of 10 sponsors with respect to
requests opinion letters, regardless of
proper user fee will not be processed
any basic plan document, it will be
the number of employers that are
and will be returned to the applicant.
treated as a mass submitter with respect
expected to adopt such other plans.
to all the other basic plan documents
Line 3a. Enter the name and address of
Notwithstanding the above, any person
and associated adoption agreements for
the applicant. If the Post Office does not
that has an established place of
which it requests opinion letters,
deliver mail to the street address and
business in the United States where it is
regardless of the number of identical
the applicant has a P.O. box number,
accessible during every business day
adopters of such other plans.
show the P.O. box number instead of the
and is a word-for-word identical adopter
street address.
Affiliation is determined under sections
or minor modifier adopter of an M&P
414(b) and (c) of the Code. Additionally,
plan of a mass submitter will be treated
Line 4a. If the person to be contacted is
as a sponsor with respect to such plan,
the following will be considered to be
other than an employee of the applicant,
affiliated: any law, accounting,
regardless of the number of employers
please enclose an authorized power of
consulting firm, etc. with its partners,
that are expected to adopt such plan.
attorney. See Disclosure requested by
members, associates, etc. For purposes
taxpayer, earlier.
Practitioner. Any person that has an
of determining whether 30 (or 10, if
established place of business in the
Line 4c. The applicant should include an
applicable) unaffiliated sponsors or
United States where it is accessible
email address in order for the Service to
practitioners sponsor on a
during every business day and
send an email of preliminary approval
word-for-word identical basis the same
represents to the Service that it has at
notifying the applicant that review of the
basic plan document or the same
least 30 employer-clients each of which
applicable plan has been completed,
specimen plan, the mass submitter is
is reasonably expected to adopt a plan
subject to final approval by opinion or
treated as an unaffiliated sponsor or
that is substantially similar to the VS
advisory letter.
practitioner.
practitioner’s specimen plan.
Line 5a. Enter the two-digit basic plan
Master plan. A form of plan that is made
The required number of employer-
document number you have assigned to
available by a sponsor for adoption by
clients is reduced to 10 for a money
the specimen plan or basic plan
employers for which a single funding
purchase pension specimen plan in the
document that accompanies (if
medium (for example, a trust or custodial
case of a VS practitioner that has
applicable) the adoption agreement for
account, see section 4.01 of Rev. Proc.
specimen plans for two or more
which you are requesting approval. All
2011-49) is established, as part of the
separate categories of plans (profit
basic or specimen plan documents from
plan, for the joint use of all adopting
sharing, money purchase, target benefit),
one sponsor or practitioner that are the
employers. A master plan consists of a
one of which is a money purchase plan,
same (word-for-word) should use the
basic plan document, an adoption
and the 30 employer-clients requirement
same two-digit number on all
agreement, and, unless included in the
has been satisfied with respect to the
applications. The first basic plan
basic plan document, a trust or custodial
other specimen plan.
document submitted should be
account document.
numbered “01,” the second, “02,” etc.
A VS practitioner may submit any
Prototype plan. A form of plan that is
The first specimen plan document
number of specimen plans for advisory
made available by a sponsor for
submitted should be numbered “01,” the
letters provided that the 30 employer-
adoption by employers under which a
second, “02,” etc.
clients requirement (or 10, if applicable)
separate funding medium is established
is separately satisfied with respect to
for each adopting employer. A prototype
each specimen plan. For this purpose,
plan consists of a basic plan document,
where an adoption format is used, each
an adoption agreement, and, unless the
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