PDF document
- 1 -
                             Application for Approval of Standardized  
Form  4461                                                                                        OMB No. 1545-0169 
(Rev. November 2018)          or Nonstandardized Pre-Approved 
Department of the Treasury              Defined Contribution Plans
Internal Revenue Service      ▶ Go to www.irs.gov/Form4461 for the latest information.          This Form Is Open to Public Inspection 
File This Form With the Internal Revenue Service                                                For IRS Use Only 

                                                                                                File folder number 
Section references are to the Internal Revenue Code unless otherwise noted. 

Complete every applicable item on this form and Attachment 1 (see Rev. Proc. 2017-41, 2017-29 I.R.B. 92). 

See instructions before completing this form. 
1     Enter amount of user fee submitted 
          $ 
2 a   Approval requested:               Initial application              2b  File folder number              2c  Date of last 
            Amendment—Enter file folder number in 2b and date                                                      letter issued 
            of last letter issued in 2c.
3 a   Name of applicant                                                                     3b  Employer identification number 
                                                                                                of applicant 
      Address (number, street, room or suite no.) (If a P.O. box, see instructions.) 

      City                                                  State        ZIP code           3c  Applicant’s telephone no. 

3 d   Type of applicant (see Definitions in the instructions): 
            Provider                        Mass submitter 
4a    Name of person to be contacted                                     4b  Telephone number   4c  Fax number 

4 d   Email address 
                                                                  4e  If a power of attorney is attached, check the box  . . .  ▶
5a    Basic plan document or single document plan number               5b  Adoption agreement number, if applicable

6     Form of plan: 
            Adoption agreement plan         Single document plan 
7     Type of plan (select all that apply): 
            Money purchase                  Target benefit                  ESOP                             Governmental
            Profit-sharing                  Profit-sharing/401(k)           Nonelecting church
8     Filing status of plan: 
            Standardized plan               Nonstandardized plan 
Under penalties of perjury, I declare that I have examined this application, including accompanying statements, and, to the best of my knowledge and belief, it is true,
correct, and complete. 

Signature ▶                                                    Title ▶                          Date ▶
For Paperwork Reduction Act Notice, see the instructions.                   Cat. No. 41676M                  Form 4461 (Rev. 11-2018) 



- 2 -
Form 4461 (Rev. 11-2018)                                                                                                      Page  2 
9     Procedural requirements:                                                                                         Yes       No 
a     Have the following been submitted as required by instructions— 
      (1)  Adoption agreement, if applicable?       . .    . . .  . .  . .   . . .    . .    .  . . .    . . . . .
      (2)  Copy of plan?      . .  .  .  .    .   . . .    . . .  . .  . .   . . .    . .    .  . . .    . . . . .
      (3)  Copy of Certification of Interim Amendments?  .     .  . .  . .   . . .    . .    .  . . .    . . . . .

b     Do you have a procedure in place for the adoption and distribution of interim amendments made on behalf of
      adopting employers?  .    .  .  .  .    .   . . .    . . .  . .  . .   . . .    . .    .  . . .    . . . . .

c     Is the plan patterned after, and substantially the same as, another plan submitted?  (If “Yes,” see specific 
      instructions.)     .  . . .  .  .  .    .   . . .    . . .  . .  . .   . . .    . .    .  . . .    . . . . .

d     Provider (non-mass submitter) request. Complete (1) and (2).
      (1)  Do you have at least 15 employer-clients which are reasonably expected to adopt this plan’s basic plan 
           document and adoption agreement or single document plan? .        . . .    . .    .  . . .    . . . . .
      (2)  If you have more than one pre-approved plan, do you have at least 30 employer-clients in the aggregate 
           which are reasonably expected to adopt at least one of the plans?  .  .    . .    .  . . .    . . . . .

e     Mass submitter request. Complete (1),(2),and (3).
      (1)  Are applications on behalf of the requisite number of providers who are adopting the same basic plan 
           document on a word-for-word identical basis included? If “No,” complete (2)       .  . . .    . . . . .
      (2)  If “No” to    (1), enter the file folder number of the basic plan document for which the requisite number of
           adopting providers requirement is met. 
      (3)  If this is a flexible plan, answer (a) and (b). 
           (a) Have you bracketed and identified the optional provisions of the plan?  .     .  . . .    . . . . .
           (b) Have you included a copy of the written representation describing the choices available to providers 
               and the coordination of optional provisions? .     . .  . .   . . .    . .    .  . . .    . . . . .
Note: This application is designed to be used in conjunction with Rev. Proc. 2017-41. A List of Required Modifications (LRMs) is also 
recommended for use and may be obtained from the IRS website at www.irs.gov/ep. 
                                                                                                               Form 4461 (Rev. 11-2018)



- 3 -
Form 4461 (Rev. 11-2018)                                                                                                         Page  3 
General Instructions                          file Form(s) 4461-B, Application for         Disclosure requested by taxpayer.  A
                                              Approval of Standardized or                  taxpayer may request the IRS to  
Section references are to the Internal        Nonstandardized Pre-Approved Plans,          disclose and discuss the return or return 
Revenue Code unless otherwise noted.          as needed.                                   information with any person(s) the 
Future Developments                           Multiple adoption agreement plans. A         taxpayer designates in a written request. 
                                              provider may utilize one basic plan          If you want to designate a person(s) to 
For the latest information about              document for severalplans. A provider        assist in an application for approval, you  
developments related to Form 4461,            may, for example, useone basic plan          must provide the IRS office of  
such as legislation enacted after the         document for a moneypurchase        plan     jurisdiction with a written request that  
form was published, go to                     other than a target benefitplan,    a target contains: 
www.irs.gov/Form4461.                         benefit plan, and aprofit-sharing   plan. A  • The taxpayer’s name, address, 
                                              separate adoption agreement and              employer identification number, and plan 
Purpose of Form                               completed applicationmay need to be          number(s).
Form 4461 is used to apply for approval       provided for each such defined               • The name, address, social security 
of standardized or nonstandardized            contribution plan. See section 9.06 of       number, and telephone number(s) of the 
pre-approved defined contribution plans.      Rev. Proc. 2017-41 for more details,         person or persons whom you are 
                                              including special rules for ESOP,            authorizing to receive return information.
Be sure to submit a complete and              governmental, and nonelecting church 
accurate application, including Form          plans. In the case of a simultaneous         • A paragraph that clearly describes the 
4461 and Attachment 1 (see                    submission of plans using the same           return or return information that you 
www.irs.gov/retirement-plans/                 basic plan document, submit only one         authorize the IRS to disclose. 
preapproved-plan-submission-                  copy of the basic plan document. If the      • An authorized signature (see above). 
procedures or Rev. Proc. 2017-41,             requests aren’t simultaneous, submit 
2017-29 I.R.B. 92). Complete every            separate basic plan documents and            As an alternative to providing the above 
applicable line on the application. If an     include a cover letter identifying the       statement, you may submit Form 2848, 
item on Attachment 1 doesn’t apply,           original submission. The number              Power of Attorney and Declaration of 
check the “N/A” box or enter “N/A” on         assigned to the basic plan document of       Representative.
the line where indicated as an option. If     a standardized or nonstandardized pre-
your application isn’t complete, we will      approved plan must remain the same as        Definitions
return it without processing it. The first    in the prior submission. One basic plan      Adoption agreement. The portion of the 
page must be typed. Unless otherwise          document may not be used for both            plan containing all the options that the 
noted, the questions on Form 4461 and         defined benefit and defined contribution     adopting employer may select. The 
Attachment 1 apply to both standardized       plans.                                       adoption agreement may include blanks  
and nonstandardized pre-approved                                                           or fill-in provisions for the employer to  
defined contribution plans.                   Two or more single document plans. A 
                                              provider may not combine different           complete if it also includes parameters  
Requests for additional information.  If      categories in a single document plan or      on these provisions that preclude an 
a letter requesting additional information    application, except that only one single     employer from completing them in a 
or changes to plan documents is sentto        document plan and application is             manner that could violate the  
the pre-approved plan provider or an          required for a profit-sharing plan, with or  qualification requirements. Each 
authorized representative, such               without a 401(k) arrangement and a           separate adoption agreement is treated 
information and/or changes must be            money purchase plan. See section 9.07        as a separate plan and will receive its 
received no later than 30 days from the       of Rev. Proc. 2017-41 for more details,      own opinion letter. 
date of the letter. Failure to respond        including special rules for ESOP,            Basic plan document. The portion of 
timely may result in the application being    governmental, and nonelecting church         the plan containing all the nonelective 
considered withdrawn. An extension of         plans.                                       provisions applicable to all adopting 
the 30-day time limit will only be granted                                                 employers. No options (including blanks 
for good cause.                               Where To File                                to be completed) may be provided in the 
Inadequate submissions. We will               Send Form 4461 to:                           basic plan document except for options 
return, without further action, plans that                                                 in flexible plans. 
aren’t in substantial compliance withthe      Internal Revenue Service 
qualification requirements or plansthat       Attn: Pre-Approved Plans Coordinator         Single document plan. A single 
are so deficient that they can’t be           Room 6-403, Group 7521                       document plan may contain alternate 
reviewed in a reasonable amount of            P.O. Box 2508                                paragraphs and options that may be 
time.                                         Cincinnati, OH 45201-2508                    selected by an adopting employer. A 
                                                                                           single document plan may include 
                                              If using Express Mail or a private           blanks or fill-in provisions for the  
Who May File                                  delivery service, use this address:          employer to complete only if the plan  
A provider or mass submitter of a             Internal Revenue Service                     also includes parameters on these  
pre-approved defined contribution plan        Attn: Pre-Approved Plans Coordinator         provisions that preclude an employer  
may file a Form 4461. See Definitions,        Room 6-403, Group 7521                       from completing them in a manner that  
later.                                        550 Main Street                              could violate the qualification  
                                              Cincinnati, OH 45202                         requirements. 
What To File 
                                              Signature. The application must be 
Submit one copy of Form 4461 and              signed by a partner or officer of the  
Attachment 1 for each separate adoption       applicant who is authorized to sign or 
agreement or for each single document         other person authorized by a power of  
plan where no adoption agreement is           attorney. The power of attorney should  
utilized. For approval, file this application be filed with the application.
and each applicable document listed in 
line 9(a). A mass submitter should also  



- 4 -
Form 4461 (Rev. 11-2018)                                                                                                  Page  4 

Flexible plan. A plan submitted by a        Provider. A provider is any person         Specific Instructions 
mass submitter which containscertain        (including a mass submitter, if 
optional provisions as allowed by           applicable) that (1) has an established    Line 1. All applications submitted must  
section 10.03(1) of Rev. Proc. 2017-41.     place of business in the United States     be accompanied by the appropriate user 
Providers which adopt a flexible plan       where it is accessible during every        fee and Form 8717-A, User Fee for 
may include or delete any optional          business day; and (2) represents to the    Employee Plan Opinion Letter Request, 
provision designatedas   such in the        IRS that it has at least 15 employer-      as determined from the schedule in Rev. 
mass submitter’s plan. A flexible plan      clients, each of which is reasonably       Proc. 2018-4, 2018-1 I.R.B. 146 (or the 
adopted by a provider which differs from    expected to adopt the same                 most recent version, updated annually). 
the mass submitterplan   only because of    pre-approved plan of the provider.         Applications submitted without the 
the deletion of certain optional            A provider may request an opinion          proper user fee won’t be processed and 
provisions will be treatedas a plan that    letter for more than one plan provided it  will be returned to the applicant. 
is word-for-word identical to the mass      represents to the IRS that it has at least Line 3a. Enter the name and address of  
submitter plan.                             30 employer-clients in the aggregate,      the applicant. If the Post Office doesn’t  
Mass submitter. As set forth in Rev.        each of which is reasonably expected to    deliver mail to the street address and  
Proc. 2017-41, any entity that submits      adopt at least one of the provider’s       the applicant has a P.O. box number, 
applications on behalf of at least 30       plans.                                     show the P.O. box number instead of the 
unaffiliated providerseach of which is      A provider also includes any person        street address. 
sponsoring, on a word-for-word identical    that has an established place of           Line 4a. If the person to be contacted is  
basis, the same plan. A mass submitter      business in the United States where it is  other than an employee of the applicant,  
is treated as a mass submitter with         accessible during every business day       please enclose an authorized power of  
respect to all of its plans, provided the   and offers a plan as a word-for-word       attorney. See Disclosure requested by  
30-unaffiliated-provider requirement is     identical adopter or minor modifier        taxpayer ,earlier. 
met with respect to at least one plan.      adopter of a plan of a mass submitter,     Line 4c. Enter a fax number to receive 
Affiliation is determined under sections    regardless of the number of employers      notice of preliminary approval of the 
414(b) and (c). Additionally, the following that are expected to adopt the plan.       applicable plan, subject to final approval 
will be considered to be affiliated: any    Standardized plan. A standardized plan     by opinion letter.
law firm, accounting firm, consulting       is a pre-approved plan (other than an      Line 5a. Enter the two-digit number you 
firm, etc., with its partners, members,     ESOP or statutory hybrid plan) that        have assigned to your single document 
associates, etc. For purposes of            meets the requirements set forth in        plan or basic plan document that 
determining whether 30 unaffiliated         section 5.16 of Rev. Proc. 2017-41.        accompanies the adoption agreement 
providers sponsor on a word-for-word 
identical basis the same plan document,     Nonstandardized plan. A                    for which you are requesting approval. If 
the mass submitter is treated as an         nonstandardized plan is a pre-approved     multiple adoption agreements are linked 
unaffiliated provider.                      plan that isn’t a standardized plan and    to the same basic plan document, the 
                                            that satisfies section 5.15 of Rev. Proc.  same two-digit basic plan document 
Pre-approved plan. A pre-approved           2017-41.                                   number should be used for all 
plan is a plan (including a plan covering                                              applications.
self-employed individuals) that is made     ESOP. An ESOP is an employee stock 
available by a provider for adoption by     ownership plan within the meaning of 
employers. The term pre-approved plan       section 4975(e)(7).
includes both standardized and              Statutory hybrid plan. A statutory 
nonstandardized plans. A pre-approved       hybrid plan is a defined benefit plan that 
plan may be an adoption agreement plan      contains a statutory hybrid benefit 
or a single document plan. An adoption      formula, as defined in Regulations 
agreement plan consists of a basic plan     section 1.411(a)(13)-1(d)(4). See section 
document and an adoption agreement. A       6.03 of Rev. Proc. 2017-41 which limits 
single document plan consists of a          the type of statutory hybrid plan to a 
single plan document offered by a           cash balance plan.
provider without an adoption agreement.



- 5 -
Form 4461 (Rev. 11-2018)                                                                                                 Page  5 

Line 5b. Enter the three-digit number      number of the provider), a list of all plans You aren’t required to provide the  
you have assigned to the adoption          written by the plan drafter which are        information requested on a form that is  
agreement for which this application is    substantially identical to the lead plan     subject to the Paperwork Reduction Act  
submitted. Each different adoption         (including the information described         unless the form displays a valid OMB  
agreement designed to accompany a          above), a description of each place          control number. Books or records  
single basic plan document should be       where the plan for which the application     relating to a form or its instructions must  
given a different three-digit number       is being submitted isn’t word-for-word       be retained as long as their content may  
beginning with “001.” For example, if the  identical to the language of the lead plan   become material in the administration of  
first basic plan document of a provider    (including an explanation of the purpose     any Internal Revenue law. Generally, 
has four separate adoption agreements,     and effect of each difference), and a        tax return and return information are  
they should be numbered “001” through      certification, made under penalty of         confidential, as required by 
“004,” and the provider should submit      perjury by the plan drafter, that the        section 6103. 
four separate Forms 4461. Adoption         information describing where the plan        The time needed to complete and file  
agreements submitted with the second       language isn’t word-for-word identical is    this form will vary depending on 
or any subsequent basic plan               true and complete.                           individual circumstances. The estimated 
documents (that aren’t word-for-word       Line 9e. In addition to filing Form 4461,    average time is: 
identical to a previously submitted basic  the mass submitter should use Form           Recordkeeping    . . . . 8 hr., 22 min.
plan document) should be similarly         4461-B when submitting applications on 
numbered beginning with “001.”             behalf of its adopting providers, and        Learning about the law   
Line 9. Procedural requirements.           submit Form 8717-A.                          or the form   .  . . . . 1 hr., 42 min.
Submit aseparate applicationfor each                                                    Preparing the form   . . 4 hr., 42 min.
different plan/adoption agreement          Paperwork Reduction Act Notice.              Copying, assembling, and   
combination or single document plan.       We ask for the information on this form      sending the form to the IRS  . 48 min.
Line 9c. If you checked “Yes,” submit a    to carry out the Internal Revenue laws of  
copy of such plan with language            the United States. You are required to       If you have comments concerning the  
differences highlighted. Attach a cover    give us the information. We need it to       accuracy of these time estimates or  
letter which provides the name and file    determine whether you meet the legal         suggestions for making this form 
folder number of the plan (including the   requirements for plan approval.              simpler, we would be happy to hear 
name and employer identification                                                        from you. You can send us comments 
                                                                                        from www.irs.gov/FormComments. Or 
                                                                                        you can write to the Internal Revenue 
                                                                                        Service, Tax Forms and Publications 
                                                                                        Division, 1111 Constitution Ave. NW, 
                                                                                        IR-6526, Washington, DC 20224. Don’t 
                                                                                        send Form 4461 to this address. Instead, 
                                                                                        see Where To File, earlier. 






PDF file checksum: 29062359

(Plugin #1/8.13/12.0)