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Form 5306 (Rev. 11-2019) Page 3
General Instructions Where to file. File Form 5306 at this you want to receive a ruling from the IRS
address. regarding your prototype or employee
Section references are to the Internal Internal Revenue Service sponsored individual retirement
Revenue Code unless otherwise noted. Attn: EP Opinion Letters arrangement, you are required to provide
Future developments. For the latest TE/GE Stop 31A Team 105 the information requested on this form.
information about developments related P.O. Box 12192 Section 6109 requires you to provide the
to Form 5306 and its instructions, such Covington, KY 41012-0192 requested identification numbers. Failure
as legislation enacted after this form and Private delivery services (PDSs). PDSs to provide the information may delay or
instructions were published, go to can’t deliver to the address shown prevent processing your application;
www.irs.gov/Form5306. above. If you choose to use a PDS, send providing any false information may
Purpose of form. Sponsoring Form 5306 to this address. subject you to penalties.
organizations, employers, or employee Internal Revenue Service You are not required to provide the
associations, use Form 5306 to request Attn: EP Opinion Letters information requested on a form that is
a ruling as to: TE/GE Stop 31A Team 105 subject to the Paperwork Reduction Act
• Whether a trust or custodial account 7940 Kentucky Drive unless the form displays a valid OMB
agreement meets the requirements of Florence, KY 41042 control number. Books or records
relating to a form or its instructions must
section 408(a), 408(c), 408(p), or 408A; or Go to www.irs.gov/PDS for the current be retained as long as their contents
• Whether an individual annuity meets list of designated services. may become material in the
the requirements of section 408(b), Address. Include the suite, room, or administration of any Internal Revenue
408(p), or 408A. other unit number after the street law.
number. If thePost Office does not Generally, tax returns and return
Who May File deliver mail to the street address and information are confidential, as stated in
Opinion letters on prototype IRAs. you have a P.O. box, show the box section 6103. However, section 6103
Form 5306 may be filed by a sponsoring number instead of the street address. allows or requires the Internal Revenue
organization that is: Signature. An officer who is authorized Service to disclose or give such
• A bank (including savings and loan to sign or another person authorized information to the Department of Justice
associations that qualify as banks and under a power of attorney must sign this for civil and criminal litigation, and to
federally insured credit unions), application. Send the power of attorney cities, states, the District of Columbia,
with this application when you file it. and U.S. commonwealths and
• Any person who has IRS approval to possessions for use in administering
act as a trustee or custodian, their tax laws. We may also disclose this
Specific Instructions
• An insurance company, information to other countries under a
User fee. All applications must be tax treaty, to federal and state agencies
• A regulated investment company, or accompanied by the appropriate user to enforce federal nontax criminal laws,
• A trade or professional society or fee.Applications submitted without the or to federal law enforcement and
association (other than employee properuser fee will not be processed intelligence agencies to combat
associations). and will be returned to the applicant. terrorism.
Rulings under section 408(c). To find the proper user fee, see Rev. The time needed to complete and file
Employers or employee associations Proc. 2019-4, 2019-1 I.R.B. 146, this form will vary depending on
who want a ruling under section 408(c) available at www.irs.gov/ individual circumstances. The estimated
for a trust that will beused for individual irb/2019-01_IRB#RP-2019-04, or the average time is:
retirement accounts may file this form. latest annual update. Recordkeeping . . . 11 hr., 43 min.
The term “employee association” means Line 2c.If you are amending your plan, Learning about the
any organization composed of two or enter the file folder number, letter serial law or the form . . . . . . 53 min.
more employees, including, but not number, and date from the latest opinion
limited to, an employee association letter you received for your plan. Preparing and sending
described in section 501(c)(4). the form to the IRS . . 1 hr., 7 min.
Line 7c. Identify the endorsement, the
Who does not need to file. Sponsors of contract, or both for which you are If you have comments concerning the
programs that use any of the Form 5305 requesting an opinion letter. accuracy of these time estimates or
series of model forms should not submit suggestions for making this form
their programs to the IRS. These model Privacy Act and Paperwork simpler, we would be happy to hear from
forms, issued by the IRS, contain you. You can send us comments from
language that, if followed, will satisfy the Reduction Act Notice www.irs.gov/FormComments. Or you
applicable statutory requirements. We ask for the information on this form to can write to Internal Revenue Service,
What to file. File Form 5306 and a copy carry out the Internal Revenue laws of the Tax Forms and Publications Division,
of the trust, custodial account, or annuity United States. We need it to ensure that 1111 Constitution Ave. NW, IR-6526,
contract and all other applicable you are complying with these laws and to Washington, DC 20224. Do not send the
documents. If you are requesting an allow us to figure and collect the right form to this address. Instead, see Where
opinion letter for an annuity where all the amount of tax. This information is needed to file ,earlier.
Internal Revenue Code requirements are to process your application and to
set forth in a separate endorsement that determine whether your individual
supersedes any conflicting language in retirement account or individual
any contract to which it may be retirement annuity meets the
attached, submit the endorsement and requirements of section 408(a), 408(b),
not the contract. 408(c), 408(p), or 408A. You are not
required to apply for approval; however, if
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