Instructions for Form 6406 |
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 6406 to apply for a determination for a minor amendment
of a plan that has already received a favorable determination letter.
However, file Form 5300 instead of Form 6406 if the plan is filing to
comply with GUST (i.e., the Small Business Job Protection Act of 1996
and other laws).
A minor amendment does not include an amendment that involves a
significant change to plan benefits or coverage or that may affect
other portions of the plan so as to cause disqualification. For
example, an amendment to add an ESOP or cash or deferred arrangement
to a plan is not a minor amendment.
Use Form 5310, Application for Determination for
Terminating Plan, instead of Form 6406 to ask for approval of an
amendment that results in a plan termination.
File Form 5310-A, Notice of Plan Merger or
Consolidation, Spinoff, or Transfer of Plan Assets or Liabilities;
Notice of Qualified Separate Lines of Business, to report a:
- Merger,
- Consolidation, or
- Transfer of plan assets or liabilities to another
plan.
Use Form 5300, Application for Determination for
Employee Benefit Plan or Form 5307, Application for
Determination for Adopters of Master or Prototype or Volume Submitter
Plans, instead of Form 6406 to ask for approval of an amendment for:
- A plan restatement. A plan is required to be restated if
four or more amendments have been made to the plan. For restatement
purposes, an amendment that makes only nonsubstantive plan changes is
not counted as a plan amendment.
- An amendment to comply with GUST as provided in section 3.05
of Rev. Proc. 2000-27, 2000-26, I.R.B. 1272.
- 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.
In general, file Form 6406 only if the plan has an outstanding
favorable determination letter covering GUST.
This form may be filed by any:
- Employer, including a sole proprietor, partnership, plan
sponsor or plan administrator to request a determination letter on the
qualification of a minor amendment to their plan.
- Plan sponsor or plan administrator to request a
determination letter as to the qualification of an amendment of a plan
that involves:
- A controlled group of corporations (section 414(b)),
or
- Trades or businesses under common control (section 414(c)),
or
- An affiliated service group (section 414(m)).
This form may be filed to obtain a determination letter on:
- The qualification of minor amendments of individually
designed plans (including volume submitter plans) or
- An M&P plan that is amended only through the choice of
elections offered under the approved adoption agreement.
A minor amendment does not include an amendment that involves a
significant change to plan benefits or coverage or that may affect
other portions of the plan so as to cause disqualification.
Example:
An amendment to add an ESOP or cash or deferred arrangement to a
plan is not a minor amendment.
This form may not be filed by anyone asking for approval of an
amendment, if:
- The amendment results in a:
- Plan termination,
- Partial termination,
- Merger,
- Consolidation, or
- A transfer of plan assets or liabilities to another
plan.
- The plan is restated. A plan is required to be restated if
four or more amendments have been made to the plan. For restatement
purposes, an amendment making only nonsubstantive plan changes is not
counted as a plan amendment.
- You are requesting a ruling regarding leased employees. File
Form 5300 instead of Form 6406.
- You are amending the plan to comply with GUST, as provided
in Rev. Proc. 2000-27, Section 3.05.
- Use the appropriate Form 5300 series form, if Form 6406 may
not be used.
File Form 6406 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 line 9a.
- The IRS may, at its discretion, require a plan restatement
or additional information any time it is deemed necessary.
Note.
Rev. Proc. 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.”
- A copy of the plan's latest determination letter including
any addendum.
- A copy of the new amendments or adoption agreement.
Note.
If a new adoption agreement is submitted, include a statement
specifying which section has changed.
- A statement as to how the amendments or changes in the
adoption agreement elections affect or change the plan or any other
plan maintained by the employer.
Specific Plans — Additional Requirements
(See Procedural Requirements Checklist.)
- 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
lines 6a and 6b.
- For a governmental or nonelecting church plan,
line 9a does not have to be completed.
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