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Form 5306 (Rev. 8-2013) Page 3
General Instructions Where to file. File Form 5306 with the You are not required to provide the
Internal Revenue Service, Attention: EP information requested on a form that is
Section references are to the Internal Opinion Letters, P.O. Box 27063, subject to the Paperwork Reduction Act
Revenue Code unless otherwise noted. McPherson Station, Washington, DC unless the form displays a valid OMB
Future developments. For the latest 20038. control number. Books or records
relating to a form or its instructions must
information about developments related Address. Include the suite, room, or be retained as long as their contents
to Form 5306 and its instructions, such other unit number after the street may become material in the
as legislation enacted after this form and number. If the Post Office does not administration of any Internal Revenue
instructions were published, go to deliver mail to the street address and law.
www.irs.gov/form5306. you have a P.O. box, show the box Generally, tax returns and return
Purpose of form. Sponsoring number instead of the street address. information are confidential, as stated in
organizations, employers, or employee Signature. An officer who is authorized section 6103. However, section 6103
associations, use Form 5306 to request to sign or another person authorized allows or requires the Internal Revenue
a ruling as to: under a power of attorney must sign this Service to disclose or give such
• Whether a trust or custodial account application. Send the power of attorney information to the Department of Justice
agreement meets the requirements of with this application when you file it. for civil and criminal litigation, and to
section 408(a), 408(c), 408(p), or 408A, cities, states, the District of Columbia,
or Specific Instructions U.S. commonwealths and possessions
for use in administering their tax laws.
• Whether an individual annuity meets User fee. All applications must be We may also disclose this information to
the requirements of section 408(b), accompanied by the appropriate user other countries under a tax treaty, to
408(p), or 408A. fee. Applications submitted without the federal and state agencies to enforce
proper user fee will not be processed federal nontax criminal laws, or to
Who May File and will be returned to the applicant. federal law enforcement and intelligence
Opinion letters on prototype IRAs. To find the proper user fee, see Rev. agencies to combat terrorism.
Form 5306 may be filed by a sponsoring Proc. 2013-8, 2013-1 I.R.B. 237, The time needed to complete and file
organization that is: available at this form will vary depending on
• A bank (including savings and loan www.irs.gov/irb/2013-01_IRB/ar13.html individual circumstances. The estimated
associations that qualify as banks and or the current superseding revenue average time is:
federally insured credit unions), procedure.
Recordkeeping . . . 11 hr., 43 min.
• Any person who has IRS approval to Line 2c. If you are amending your plan,
act as a trustee or custodian, enter the file folder number, letter serial Learning about the
number, and date from the latest opinion law or the form . . . . . 53 min.
• An insurance company, letter you received for your plan. Preparing and sending
• A regulated investment company, or Line 7c. Identify the endorsement, the form to the IRS . . 1 hr., 7 min.
• A trade or professional society or contract, or both for which you are If you have comments concerning the
association (other than employee requesting an opinion letter. accuracy of these time estimates or
associations). suggestions for making this form
Rulings under section 408(c). Privacy Act and Paperwork simpler, we would be happy to hear
Employers or employee associations Reduction Act Notice from you. You can send us comments
from www.irs.gov/formspubs/. Click on
who want a ruling under section 408(c) We ask for the information on this form "More Information" and then on
for a trust which will be used for to carry out the Internal Revenue laws of "Comment on Tax Forms and
individual retirement accounts may file the United States. We need it to ensure Publications." Or you can send your
this form. The term “employee that you are complying with these laws comments to Internal Revenue Service,
association” means any organization and to allow us to figure and collect the Tax Forms and Publications Division,
composed of two or more employees, right amount of tax. This information is 1111 Constitution Ave. NW, IR-6526,
including, but not limited to, an needed to process your application and Washington, DC 20224. Do not send the
employee association described in to determine whether your individual form to this address. Instead, see Where
section 501(c)(4). retirement account or individual to file.
Who does not need to file. Sponsors of retirement annuity meets the
programs that use any of the Form 5305 requirements of section 408(a), 408(b),
series of model forms should not submit 408(c), 408(p), or 408A. You are not
their programs to the Internal Revenue required to apply for approval; however,
Service. These model forms, issued by if you want to receive a ruling from the
the Service, contain language that, if IRS regarding your prototype or
followed, will satisfy the applicable employee sponsored individual
statutory requirements. retirement arrangement, you are required
to provide the information requested on
What to file. File Form 5306 and a copy this form. Section 6109 requires you to
of the trust, custodial account, or provide the requested identification
annuity contract and all other applicable numbers. Failure to provide the
documents. If you are requesting an information may delay or prevent
opinion letter for an annuity where all the processing your application; providing
Internal Revenue Code requirements are any false information may subject you to
set forth in a separate endorsement that penalties.
supersedes any conflicting language in
any contract to which it may be
attached, submit the endorsement and
not the contract.
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