Instructions For Form 5307 (Rev. June 2014) I5307

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Instructions for Form 5307

(Rev. June 2014)

Application for Determination for Adopters of

Modified Volume Submitter (VS) Plans

undergone revisions in the format and

information required. Review these

documents before completing the

application. Some of the revisions were

made in accordance with

Announcement 2011-82, 2011-52 I.R.B.

eliminated demonstrations regarding

coverage and nondiscrimination

Determination Letter (DL) program is

administered. It is updated annually and

can be found in the Internal Revenue

Bulletin (I.R.B.). The application should

be filed in accordance with Rev. Proc.

2007-44, 2007-28 I.R.B. 54, available at

(as revised by Ann. 2011-82), and Rev.

Proc. 2014-6, as updated, available at

A taxpayer can authorize the IRS to

disclose and discuss the taxpayer’s

return and/or return information with any

person(s) the taxpayer designates in a

written request. Use Form 2848, Power

of Attorney and Declaration of

Representative, if the representative is

Form 5307 is open to public inspection if

there are more than 25 plan

participants. The total number of

participants must be shown on line 4e.

See the instructions for line 4e for a

definition of participant.

An adopter of a Volume Submitter (VS)

plan files Form 5307 to request a DL

Determination for Adopters of Modified

Volume Submitter (VS) Plans, if this is a

VS plan that has made limited

modifications to an approved specimen

plan (that does not create an individually

designed plan).

Note. Adopters of Master and

Prototype (M&P) plans may not use

Form 5307 and must file Form 5300 if a

DL is requested. Adopters of VS plans

requests regarding 414(n),

partial termination requests,

multiple employer plans,

money purchase, target benefit and

defined benefit pension plans with a

normal retirement age earlier than age

62, or

a procedure requested by the IRS.

See Form 5300 and instructions.

losses, and any forfeitures of accounts

of other participants that may be

allocated to the participant’s account.

If the plan is terminated, file Form 5310,

Application for Determination Upon

Terminating Plan.

File Form 5307 at the address indicated

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.

These private delivery services include

only the following:

Service, DHL Next Day 10:30 am, DHL

were adopted for qualification changes

on the applicable cumulative list (CL)

used in reviewing and approving the

underlying VS specimen plan, where the

VS plan does not authorize the

practitioner to amend on behalf of the

adopting employer, and any other

discretionary amendments adopted

during the current six-year remedial

amendment cycle (RAC). The changes

changes. Do not submit any interim or

other amendments to the plan that were

adopted by the VS practitioner on behalf

of the employer and considered by the

IRS in issuing the advisory letter for the

Note. The IRS may, in any event,

request evidence of adoption of interim

amendments during the course of its

review of a particular plan.

5300 and pay the higher user fee.

current RAC.

attach the check to the Form 8717),

paper clips, binders, or sticky notes. Do

not punch holes in the documents.

Line 1. Enter the name, address, and

telephone number of the plan sponsor/

combined under sections 414(b), (c), or

(m), one of the members participating in

the plan; or

the employees and/or partner(s) of a

partnership, the partnership.

Note. The name of the plan sponsor/

employer should be the same name that

is used when the Form 5500 series,

Annual Return/Report is filed for this

is filed for this plan.

have an EIN. A plan sponsor/employer

without an EIN can apply for one.

employer can receive an EIN over the

Internet and use it immediately to file a

return. Go to the IRS website at

required to be combined under section

414(b), (c), (m), or (o) whose sponsor is

more than one of the entities required to

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change of sponsor.

these lines and follow the country’s

practice for entering the name of the

province, county, or state and the postal

Line 2. The contact person will receive

copies of all correspondence as

authorized on a Form 2848 or Form

8821. Either complete the contact’s

information on this line, or check the box

and attach a completed Form 2848 or

name of the province, country or state,

and the postal code.

Line 3a. Enter the number that

corresponds to the request being made:

New Plan. For this purpose, a new

individually designed plan is a new plan

with an initial remedial amendment

period within the meaning of

Regulations section 1.401(b)-1(d)(1).

Qualification. If the IRS has previously

issued a DL for this plan or the plan

sponsor previously relied on an opinion/

advisory letter.

Line 3b. If the initial plan is a proposed

plan document, enter “09/09/9999.”

Line 3c. A VS plan may, but is not

required to, contain a provision that

authorizes the VS practitioner to amend

the plan on behalf of employers who

amendment to the plan to incorporate a

program or as of the date the IRS

notifies the practitioner that the plan is

an individually designed plan. See

section 15.03 of Rev. Proc. 2011-49.

Line 3e. An identical adopter of a

pre-approved M&P or VS plan is an

employer that made no changes to the

pre-approved plan document other than

to select among options provided under

the plan or certain changes described in

Amendment). An amendment may

plan provisions that are adopted on the

same date. Two or more amendments

with the same adoption date may be

grouped and listed on a single line of the

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The number assigned to a plan must not

be changed or used for any other plan.

This should be the same number that is

used when the Form 5500 series Annual

Return/Report is filed.

Line 4c. Plan month means the month

in which the plans year ends. Enter the

two-digit month (MM).

Line 4e. Enter the total number of

participants. A “participant” is:

right to benefits under the plan, and

employee who is receiving or will in the

future receive benefits under the plan.

Include one beneficiary for each

deceased employee regardless of the

number of individuals receiving benefits.

For example, payment of a deceased

employee’s benefit to three children is

considered a payment to one

determine compensation.

Line 6a(1). If the employer is a

member of a controlled group of

corporations, trades or businesses

under common control, or an affiliated

service group (ASG), all employees of

the group will be treated as employed

by a single employer for purposes of

certain qualification requirements.

Attach a statement that provides the

Line 6a(2). Mark “Yes” if the plan

sponsor is a foreign entity, a member of

an ASG, a controlled group of

corporations, or a group of trades or

businesses under common control that

a foreign entity;

a nonresident alien individual;

foreign corporation;

Line 6b. If “Yes,” complete only

applicable sections of this form.

Governmental plans under section

414(d) are exempt from certain

qualification requirements and are

deemed to satisfy certain other

qualification requirements under certain

conditions. For example, the

nondiscrimination, minimum

participation rules, top heavy rules, and

section 414(e) that have not made the

election provided by section 410(d) are

not eligible to have a VS plan.

Line 6e. Fully-insured section 412(e)

(3) plans, other than plans that by their

terms satisfy the safe harbor in

Regulations section 1.401(a)(4)-3(b)(5),

are not eligible to have a VS plan.

Line 7. Section 3001 of the Employee

Retirement Income Security Act of 1974

has been notified as required by

Regulations section 1.7476-1. If this is a

one-person plan or if this plan is not

subject to section 410, a copy of the

notice is not required to be attached to

this application. If “No” is marked or this

line is blank, the application will be

Rules defining “interested parties”

and the form of notification are in

plan type of the other plan and a copy of

pertinent plan provisions from the

related plan regarding the offset.

Line 13. Attach a statement that

spinoff, or a transfer of plan assets or

liabilities, and

the applicable submission period and

the appropriate opinion or advisory

letter and/or adoption agreement and

plan document. Otherwise, provide a

signed and dated copy of the most

recent restatement and any subsequent

to verify the plan was qualified prior to

the merger, consolidation, spinoff, or a

merger, consolidation, or transfer of

assets or liabilities.

Line 15a. Attach a statement for each

plan, which includes the following

non-standardized, VS, or individually

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on IRS.gov and choose from a variety of

inspection if the plan has over 25 plan

participants. We may also disclose this

information to other countries under a

tax treaty, to Federal and state agencies

or to Federal law enforcement and

terrorism. You are not required to

provide the information requested on a

form that is subject to the Paperwork

Reduction Act unless the form displays

the administration of any Internal

Revenue law. Generally, tax returns and

return information are confidential, as

required by section 6103.

accuracy of these time estimates or

suggestions for making this form

simpler, we would be happy to hear

from you. You can send us comments

from www.irs.gov/formspubs. Click on

“More Information” and then on “Give us

feedback.” Or you can also send your

comments to the Internal Revenue

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