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Form 4461-B (Rev. 11-2018) Page 2
General Instructions Disclosure requested by taxpayer. A A provider may request an opinion
taxpayer may request the IRS to letter for more than one plan provided it
Section references are to the Internal disclose and discuss the return or return represents to the IRS that it has at least
Revenue Code unless otherwise noted. information with any person or persons 30 employer-clients in the aggregate,
whom the taxpayer designates in a each of which is reasonably expected to
Future Developments written request. If you want to designate adopt at least one of the provider’s
For the latest information about a person(s) to assist in an application for plans.
developments related to Form 4461, approval, you must provide the IRS A provider also includes any person
such as legislation enacted after the office of jurisdiction with a written that has an established place of
form was published, go to request that contains the following. business in the United States where it is
www.irs.gov/Form4461B. • The taxpayer’s name, address, accessible during every business day
employer identification number, and plan and offers a plan as a word-for-word
Purpose of Form number(s). identical adopter or minor modifier
Use Form 4461-B to apply for approval • The name, address, social security adopter of a plan of a mass submitter,
of a plan submitted by a mass submitter number, and telephone number(s) of the regardless of the number of employers
on behalf of an adopting provider, which person or persons whom you are that are expected to adopt the plan.
is based on a plan submitted by the authorizing to receive return information.
mass submitter. Specific Instructions
• A paragraph that clearly describes the
Completing Form 4461-B return or return information that you Line 2a. Enter the name and address of
authorize the IRS to disclose. the applicant. If the Post Office doesn’t
Be sure to submit a complete and deliver mail to thestreet address and the
accurate application. Complete every • An authorized signature (see Signature
applicable line on the application. If your above). applicant has aP.O. box number, show
the box numberinstead of the street
application isn’t complete, we will return As an alternative to providing the address.
it without processing it. The application above statement, Form 2848, Power of
must be typed. Attorney and Declaration of Line 3a. The person to contact must be
User fee. All applications must be Representative, may be submitted. an employee or an authorized
representative of the mass submitter. If
accompanied by the appropriate user the person to be contacted is other than
fee from the schedule set forth in Rev. Definitions
an employee of the applicant, please
Proc. 2018-4, 2018-1 I.R.B. 146 (or the Mass submitter. As set forth in Rev. enclose an authorized power of attorney.
most recent version, updated annually); Proc. 2017-41, 2017-29 I.R.B. 92, any See Disclosure requested by taxpayer,
and Form 8717-A, User Fee for entity that submits applications on earlier.
Employee Plan Opinion Letter Request. behalf of at least 30 unaffiliated
Applications submitted without the providers each of whichis sponsoring, Line 4a. Enter the two-digit number you
proper user fee will not be processed on a word-for-wordidentical basis, the have assigned to your single document
and will be returned to the applicant. same plan. A mass submitter is treated plan or basic plan document that
Don’t submit a copy of the plan, as a mass submitter with respect to all of accompanies the adoption agreement
except as provided under the its plans, provided the 30-unaffiliated- for which you are requesting approval. If
instructions to line 5 later. provider requirement is met with respect multiple adoption agreements are linked
to at least one plan. to the same basic plan document, the
same two-digit basic plan document
Who May File Affiliation is determined under sections number should be used for all
Only mass submitters may file this form. 414(b) and (c). Additionally, the following applications.
will be considered to be affiliated: any
Where To File law firm, accounting firm, consulting Line 4b. Enter the three-digit number
firm, etc., with its partners, members, you have assigned to the adoption
Send Form 4461-B to: associates, etc. agreement, if applicable, for which this
application is submitted. Each different
Internal Revenue Service For purposes of determining whether adoption agreement designed to
Attn: Pre-Approved Plans Coordinator 30 unaffiliated providers sponsor on a accompany a single basic plan
Room 6-403, Group 7521 word-for-word identical basis the same document should be given a different
P.O. Box 2508 plan document, the mass submitter is three-digit number beginning with “001.”
Cincinnati, OH 45201-2508 treated as an unaffiliated provider. For example, if the first basic plan
If using Express Mail or a private Provider. A provider is any person document of a provider has four
delivery service, use this address: (including a mass submitter, if separate adoption agreements, they
Internal Revenue Service applicable) that (1) has an established should be numbered “001” through
Attn: Pre-Approved Plans Coordinator place of business in the United States “004” and the mass submitter should
Room 6-403, Group 7521 where it is accessible during every submit four separate Forms 4461-B.
550 Main Street business day, and (2) represents to the Adoption agreements submitted with the
Cincinnati, OH 45202 IRS that it has at least 15 employer- second or any subsequent basic plan
clients, each of which is reasonably documents (that aren’t word-for-word
Signature. The application must be expected to adopt the same pre- identical to a previously submitted basic
signed by the mass submitter and approved plan of the provider. plan document) should be similarly
provider. If a power ofattorney numbered beginning with “001.”
authorizes the mass submitterto sign
the form on behalf of the provider, attach
the powerof attorney to Form 4461-B.
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