Instructions for Form 5300 |
2003 Tax Year |
General Instructions
This is archived information that pertains only to the 2003 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
File Form 5300 to request a determination letter from the IRS for
the initial qualification of a defined benefit or a defined
contribution plan and the exempt status of any related trust. See
Types of Determination Letters on page 3 for more
information.
This form may also be filed to request a determination letter on
the qualified status of a plan at any time subsequent to initial
qualification even if the plan has not been amended.
File Form 5307, Application for Determination for Master
or Prototype or Volume Submitter Plans, instead of Form 5300 if this
is an M&P or volume submitter plan. However, use Form 5300 instead
of Form 5307 if you are also requesting a determination on affiliated
service group status, leased employee status, or a partial
termination.
File Form 6406, Short Form Application for Determination
for Minor Amendment of Employee Benefit Plan, instead of Form 5300 to
apply for a determination letter on a minor plan amendment to a plan
that has already filed Form 5300 and received a favorable
determination letter for GUST (i.e., the Small Business Job Protection
Act of 1996 and other laws). Form 6406 generally may not be used to
apply for a determination on GUST, except as provided in section 3.05
of Rev. Proc. 2000-27, 2000-26 I.R.B., 1271.
- A Defined Contribution Plan (DCP) is a plan that
provides an individual account for each participant and for benefits
based only:
- On the amount contributed to the participant's account,
and
- Any income, expenses, gains and losses, and any forfeitures
of accounts of other participants that may be allocated to the
participant's account.
- A Defined Benefit Plan (DBP) is any plan that is
not a DCP.
Note:
A qualified plan must satisfy section 401(a) including, but not
limited to, participation, vesting, nondiscriminatory contributions or
benefits, distributions, and contribution and benefit limitations.
This form may be filed by any:
- Employer, including a sole proprietor,
partnership, plan sponsor or a plan administrator that has adopted an
individually designed plan to request a determination letter on:
- Initial qualification of a plan;
- Qualification of an entire plan as amended,
- Partial termination of a plan;
- Affiliated service group (ASG) status (section 414(m)),
or
- Leased employee status (section 414(n)).
- Plan sponsor or plan administrator to
request a determination letter for a plan maintained by an employer
that is part of a controlled group of corporations (section 414(b)),
or trades or businesses under common control (section 414(c)), or an
ASG (section 414(m)).
- Plan sponsor or plan administrator to
request a determination letter for a multiemployer or
multiple-employer plan (a plan maintained by more than one employer
considering all employers combined under section 414(b), (c), or (m)
as one employer).
- Employer, plan sponsor, or plan
administrator desiring a determination letter for compliance
with the applicable requirements of a foreign situs trust for the
taxability of beneficiaries (section 402(c)) and deductions for
employer contributions (section 404(a)(4)).
File Form 5300 at the address indicated below:
Internal Revenue Service,
Covington, KY 41012–0192.
Requests shipped by
express mail or a delivery service should be sent to:
Internal Revenue Service,
201 West Rivercenter Blvd.,
Attn: Extracting Stop 312,
Private Delivery Services.
In addition to the United States mail, you can use certain private
delivery services designated by the IRS to meet the “ timely mailing
as timely filing/paying” rule for tax returns and payments. The
most recent list of designated private delivery services was published
by the IRS in October 2001 and includes only the following:
- Airborne Express (Airborne): Overnight Air Express Service,
Next Afternoon Service, Second Day Service.
- DHL Worldwide Express (DHL): DHL “Same Day” Service,
DHL USA Overnight.
- Federal Express (FedEx): FedEx Priority Overnight, FedEx
Standard Overnight, FedEx 2Day.
- United Parcel Service (UPS): UPS Next Day Air, UPS Next Day
Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS Worldwide
Express Plus, and UPS Worldwide Express.
The private delivery service can tell you how to get written proof
of the mailing date.
How to Complete the Application
Applications are screened for completeness. The application
must be signed by the employer, plan administrator or authorized
representative. Incomplete applications may be returned to the
applicant. For this reason, it is important that an appropriate
response be entered for each line item (unless instructed otherwise).
In completing the application, pay careful attention to the following:
- N/A (not applicable) is accepted as a response only
if an N/A block is provided.
- If a number is requested, a number must be entered.
- If an item provides a choice of boxes to check, check only
one box unless instructed otherwise.
- If an item provides a box to check, written responses are
not acceptable.
- Governmental plans and nonelecting church plans do not have
to complete lines 10 and 12a.
- The IRS may, at its discretion, require a plan restatement
or additional information any time it is deemed necessary.
Note.
Revenue Procedure 2001-6 publishes the guidance under which the
determination letter program is administered. It is updated annually
and can be found in the Internal Revenue Bulletin (I.R.B.)
Example. Rev. Proc. 2001-6, 2001-1 I.R.B. 194 superseded
Rev. Proc. 2000-6.
All applications must contain an original signature and
must be accompanied by the following applicable items:
- The appropriate user fee, if applicable, and Form
8717, User Fee for Employee Plan Determination Letter Request.
Please submit a separate check for each application. Make checks
payable to the “United States Treasury.”
- Schedule Q (Form 5300), if any elective determinations are
being requested, and any additional schedules or demonstrations
required by these instructions or by the instructions for Schedule
Q.
- All applications for plans that have at any time in the past
received a favorable determination letter must include a copy of the
plan's latest determination letter and subsequent amendments and/or
restatements.
- A copy of the plan.
Partial
Termination Worksheet
Types of Determination Letters
- Initial Qualification
For initial qualification of a plan or when requesting a
determination letter after initial qualification for a plan that has
not been amended (for example, because of changes in employee
demographics), file one copy of all instruments that make up the plan.
- Entire Plan as Amended
When requesting a determination letter on the entire plan as
amended after initial qualification file:
- One copy of the plan and trust plus all amendments made to
date;
- One copy of the latest determination letter, including
caveats; and
- A statement explaining how any amendments made since the
last determination letter affect this or any other plan of the
employer.
- Complex amendments
Use Form 5300, as described under Entire Plan as Amended
above, for complex amendments, including amendments with
significant changes to plan benefits or coverage.
Note.
If there have been four or more amendments to the plan a restated
plan is required. For restatement purposes, do not count an amendment
making only minor plan changes as a plan amendment.
- Minor amendments
Use Form 6406, instead of Form 5300 to request a determination
letter on the effect of a minor amendment on the qualification of a
plan. Form 6406 should not be used for plan amendments made to comply
with GUST.
- Partial Termination
For a partial termination you must:
- File the application form and the appropriate documents and
statements.
- Attach a statement indicating if a partial termination may
have occurred or might occur as a result of proposed actions.
- Using the format in the Partial Termination Worksheet
above, submit a schedule of information for the plan year in which the
partial (or potential partial) termination began. Also, submit a
schedule for the next plan year, as well as for the 2 prior plan
years, to the extent information is available.
If the plan has more than one benefit computation formula complete
the Partial Termination Worksheet for the plan. Also attach
a sheet showing the information separately in the same format as lines
1a through 1f for each benefit computation formula.
- Submit a description of the actions that may have resulted
in a partial termination.
- Include an explanation of how the plan meets the
requirements of section 411(d)(3).
- Termination of Plan
If you are terminating your plan, file Form
5310, Application for Determination for Terminating Plan, to
request a determination letter for the complete termination of a DBP
or a DCP.
Form 5300 should be filed to request a determination letter
involving the complete termination of a multiemployer plan covered by
the PBGC insurance program.
In addition, file:
- One copy of the plan;
- One copy of the latest determination letter, including
caveats;
- A copy of all actions taken to terminate the plan;
and
- If necessary, Form 6088, Distributable Benefits
From Employee Pension Benefit Plans. Form 6088 is required if the plan
is a DBP or if the plan is an underfunded DCP that benefits
noncollectively bargained employees or more than 2% of the employees
who are covered under a collectively bargained agreement are
professional employees (See Regulations section 1.410(b)-9 for
definitions.)
If you wish to stop benefit accruals or stop making contributions
to your plan, and your plan trust will continue, the plan will not be
considered terminated. If you want to receive a determination letter,
you must use Form 5300. Do not file Form 5310 if the plan trust will
continue.
Note:
If a DBP is amended to become a DCP, or if the merger of a DBP with
a DCP results solely in a DCP, the DBP is considered terminated.
Specific Plans — Additional Requirements
(See Procedural Requirements Checklist.)
- For a determination on an affiliated service group
status, submit:
- A copy of the appropriate documents and
- Statements listed in the instructions for lines 3a and
6.
- For plans of controlled groups of corporations, trades
or businesses under common control, and affiliated service
groups submit the statement specified in the instructions for
line 6.
- For multiple-employer plans that do not involve
collective bargaining, submit:
- One Form 5300 application for the plan, omitting line 3,
and
- One Form 5300 (only lines 1 through 8 and, optionally, 13
and 14) and, optionally, Schedule Q for each other employer that
chooses to receive a separate determination letter.
- For a governmental or nonelecting church plan,
skip lines 10 and 12a. A nonelecting church plan is a plan
for which an election under section 410(d) has not been made.
- For an ESOP, attach Form 5309,
Application for Determination of Employee Stock Ownership Plan
for an ESOP.
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