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Page 1 of 5 Instructions for Form 5310-A 14:15 - 13-DEC-2010
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Department of the Treasury
Instructions for Internal Revenue Service
Form 5310-A
(Rev. November 2010)
Notice of Plan Merger or Consolidation, Spinoff, or Transfer of Plan Assets or
Liabilities; Notice of Qualified Separate Lines of Business
Section references are to the Internal merger. In the case of a plan spinoff, filed a new notice for the 2009 testing
Revenue Code unless otherwise noted. file Form 5310-A only for the plan in year. During 2010, Employer A elects
existence before the spinoff. not to treat itself as operating QSLOBs
What’s New • Qualified separate lines of for the 2010 testing year. Employer A
The form and instructions have business. The employer must file must revoke the last notice it filed (that
undergone revisions in the format and notice that it elects to be treated as is, the notice for the 2009 testing year).
the information required. Review these operating QSLOBs or that it either Employer A must revoke the notice filed
documents before completing the modifies or revokes a previously filed for the 2009 testing year by filing Form
notice. notice. Only one notice per employer, 5310-A for the 2010 testing year and
within the meaning of sections 414(b), indicating on line 9 of the Form 5310-A
(c), and (m) is required. that it is revoking a previously filed
notice and is no longer testing on a
General Instructions Examples QSLOB basis. If such notice is not filed
on or before the notification date for the
Purpose of Form Example One - Initial Notice 2010 testing year, the notice filed for
Form 5310-A is used by employers to Employer A is composed of four the 2009 testing year will be treated as
give notice of: separate corporations that are treated the only notice filed for the 2010 testing
• A plan merger or consolidation that is as one employer within the meaning of year (see Part III).
the combining of two or more plans into section 414(b). Employer A treats each
a single plan. corporation as a separate line of
• A plan spinoff that is the splitting of a business. The 2008 testing year is the Exceptions From Filing
single plan into two or more spinoff first year for which Employer A elects to Notice of Plan Merger or
plans. be treated as operating QSLOBs for the
• A plan transfer of plan assets or purpose of section 410(b) (see When Consolidation, Spinoff,
liabilities to another plan that is the To File for a definition of “testing year”).
splitting off of a portion of the assets or Employer A must file Form 5310-A and or Transfer of Plan
liabilities of the transferor plan and the provide information on each of the four Assets or Liabilities
concurrent acquisition or assumption of QSLOBs on or before the notification
these split-off assets or liabilities by the date for the 2008 testing year (see Direct rollover. Do not file Form
transferee plan. When To File for a definition of 5310-A for an eligible rollover
• Qualified separate lines of business “notification date”). If the notice is not distribution that is paid directly to an
(QSLOBs). timely filed, Employer A is not treated eligible retirement plan in a direct
as operating QSLOBs for purposes of rollover as described in section
Note. An IRS determination letter will the coverage rules for the 2008 testing 401(a)(31).
filed.not be issued when a Form 5310-A is year (see Part III ). Plan merger or consolidation or
Example Two - Modification spinoff. Do not file Form 5310-A if the
Who Must File The facts are the same as in Example plan merger or consolidation or the
•orPensionother deferredplan, profit-sharingcompensationplan, EmployerOne. DuringA soldthe 2009QSLOBtestingfour.year,Also, sectionspinoff complies1.414(l)-1(d),with Regulations(h), (m), or (n)(2).
multi-employerofdeferredplan.a pension, Anycompensationsponsorprofit-sharing,planorcoveredplanplanadministratoror(exceptbyotherPublicaassumeFormintendsFor the5310-A2009tothattreatEmployertestingforQSLOBstheyear,2008AonetimelyEmployertestingandfiledyear.twoAsituations:be satisfiedGenerally,inthesethe followingrequirementsfourwill
Benefit Guarantee Corporation (PBGC) as a single QSLOB. Employer A must 1. Two or more defined contribution
insurance) should file this form for a modify its initial notice by filing Form plans are merged and all of the
plan merger or consolidation, a spinoff, 5310-A on or before the notification following conditions are met:
or a transfer of plan assets or liabilities date for the 2009 testing year, including a. The sum of the account balances
to another plan. See section 6058(b). a revised list of QSLOBs for line 11 of in each plan prior to the merger
the form. If Employer A does not timely (including unallocated forfeitures, an
Note. This form must be filed for each provide a new notice, the initial notice unallocated suspense account for
plan with a separate employer filed for the 2008 testing year will be excess annual additions, and an
identification and plan number if that treated as the only notice filed for the unallocated suspense account for an
plan is involved in a merger or transfer 2009 testing year (see Part III). ESOP) equals the fair market value of
of plan assets or liabilities. This the entire plan assets.
includes plans that were not in Example Three - Revocation Example. Neither plan has an
existence before the plan merger and The facts are the same as in Example outstanding section 412(d) waiver
plans that cease to exist after the plan Two. Assume that Employer A timely balance.
Cat. No. 12899J