PDF document

- 1 -

Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print
instrx
AH XSL/XML Fileid: … ns/I5310/202101/A/XML/Cycle06/source (Init. & Date) _______
Page 1 of 6 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

Department of the Treasury
Internal Revenue Service
Instructions for Form 5310

(Rev. April 2021)

Application for Determination for Terminating Plan

Section references are to the Internal Revenue compensation plan upon plan year from the effective date of
Code unless otherwise noted. termination. termination or 1 year from the date on
which the action terminating the plan is
Future Developments Type of Plan adopted. The application cannot be filed
For the latest information about • A defined contribution (DC) plan is a later than 12 months from the date of
developments related to Form 5310 and plan that provides an individual account distribution of substantially all plan
its instructions, such as legislation for each participant and for benefits assets in connection with the
enacted after they were published, go to based only on: termination of the plan.
IRS.gov/Form5310.
1. The amount contributed to the
participant's account; and HowTo File
What's New As of April 16, 2021, the IRS requires
The form and the instructions have been 2. Any income, expenses, gains and that Form 5310 be completed and
updated to be completed on Pay.gov as losses, and any forfeitures of accounts submitted through Pay.gov.
of April 16, 2021. of other participants that may be
allocated to the participant's account. To submit Form 5310, you must:
Note. Rev. Proc. 2021-4, contains the • A defined benefit (DB) plan is any 1. Register for an account on
guidance under which the determination plan that is not a DC plan. Pay.gov,
letter (DL) program is administered. The 2. Enter “5310” in the search box,
Rev. Proc. is updated annually and can Who May File select Form 5310, and
be found in the Internal Revenue This form may be filed by any of the
Bulletin (I.R.B.). The application should following: 3. Complete the form.
be filed under Rev. Proc. 2016-37, • Any plan sponsor or administrator of Pay.gov can accommodate only one
2016-29 I.R.B. 136, available at any pension, profit-sharing, or other uploaded file. Consolidate your
IRS.gov/irb/2016-29_IRB#RP-2016-37. deferred compensation plan (other than attachments into a single PDF file,
Review these documents before a multi-employer plan covered under which cannot exceed 15MB. If your PDF
completing the application. Pension Benefit Guaranty Corporation file exceeds the 15MB limit remove any
insurance) may file this form to ask the items over the limit and contact IRS
Disclosure Request by IRS to make a determination on the Customer Accounts Services at
plan's qualification status at the time of 877-829-5500 for assistance on how to
Taxpayers the plan's termination. submit the removed items.
A taxpayer can authorize the IRS to
disclose and discuss the taxpayer's Use Form 5300, Application for
return and/or return information with any Determination for Employee Benefit How To Complete the
person(s) the taxpayer designates in a Plan, instead of Form 5310 if the plan Application
written request. Use Form 2848, Power sponsor or administrator is filing for a The application must be completed and
of Attorney and Declaration of determination but will continue to digitally signed by the employer, plan
Representative, or Form 8821, Tax maintain the trust after termination. administrator, or authorized
Information Authorization, for this representative. The signature must be
purpose. See Pub. 947, Practice Before Who May Not File accompanied by the title or authority of
the IRS and Power of Attorney, for more This form may not be filed for the the signer and the date.
information. following:
• A multi-employer plan covered by Note. Rev. Proc. 2021-4 publishes the
Public Inspection PBGC insurance. guidance under which the DL program
Form 5310 is open to public inspection if • A request on a determination on the is administered. It is updated annually
there are more than 25 plan plan's qualification status for a partial and can be found in the I.R.B.
participants. The total number of termination.
participants must be shown on line 4e. • A member of an affiliated service What To File
See the instructions for line 4e for a group (ASG). A plan sponsor who is not All applications must be accompanied
definition of participant. certain if they are a member of an ASG by the following:
should not file Form 5310. 1. A completed Form 5310.
General Instructions Note. In the above cases, use Form 2. A Form 8717, User Fee for
5300 instead of Form 5310. Employee Plan Determination Letter
Purpose of Form • An application that is not filed in Request, and if applicable, a payment
File Form 5310 to request a DL as to the connection with the plan termination. for the appropriate user fee made
through Pay.gov .
qualified status (under section 401(a) or
section 403(a)) of a pension, Note. An application is deemed to be Note. Payments for sanction fees,
profit-sharing, or other deferred filed in connection with plan termination compliance fees, etc., should be
if it is filed no later than the later of 1 submitted separately.

Apr 20, 2021 Cat. No. 49984R

- 2 -

Page 2 of 6 Fileid: … ns/I5310/202101/A/XML/Cycle06/source 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

3. A copy of the plan's last DL, if A plan sponsor means: that the plan is an individually designed
applicable. • In the case of a plan that covers the plan. See section 15.03 of Rev. Proc.
4. A copy of the opinion or advisory employees of one employer, the 2011-49, 2011-44 I.R.B. 608, available
letter for the pre-approved plan, and/or employer; at IRS.gov/irb/2011-44_IRB/ar08.html.
adoption agreement and all required • In the case of a plan sponsored by
Line 3c. An individually designed plan
attachments and statements. two or more entities required to be
is eligible for the 6-year remedial
combined under section 414(b), (c), or
amendment cycle (RAC) if the employer
5. A copy of all amendments made (m), one of the members participating in
that sponsors the plan and the sponsor
since the last cumulative list listed on the plan; or
of a preapproved M&P or VS plan
the last DL or plan document, if In the case of a plan that covers the
• document jointly executed Form 8905,
applicable. employees and/or partner(s) of a
Certification of Intent To Adopt a
6. A copy of any compliance partnership, the partnership.
statement(s) or closing agreement(s) Pre-approved Plan, before the end of
regarding this plan made after the last Note. The name of the plan sponsor/ the plan’s 5-year RAC. An individually
DL. employer should be the same name that designed plan is also eligible for the
7. A statement explaining how the is used when the Form 5500 series 6-year cycle under certain other
amendments affect or change this plan annual return/report is filed for this plan. circumstances set forth in section 17 of
or any other plan maintained by the Line 1a is limited to 70 characters. Rev. Proc. 2007-44.
employer. Line 1f. Enter the 9-digit employer Line 3f. Use the table in this line to list
8. Copies of all records of actions identification number (EIN) assigned to all the amendments to the plan that
taken to terminate the plan. the plan sponsor/employer. This should have been adopted during the RAC of
9. Form 6088, Distributable Benefits be the same EIN that is used when the the plan in which the application is
From Employee Pension Benefit Plans, Form 5500 series annual return/report is submitted (the “current cycle” ), other
for all DB plans or underfunded DC filed for this plan. For a than amendments described in the
plans. multiple-employer plan, the EIN should following paragraph.
be the same EIN that is used by the Do not list:
Note. A multiple-employer plan must participating employer when Form 5500 • Any amendment that was adopted
submit a Form 6088 for each employer is filed by the employer. during the current cycle as a condition
of a DL for the preceding cycle (but
who has adopted the plan. Do not use a social security include a copy of the amendment with
number or the EIN of the trust.
Note. A terminating plan generally CAUTION! the application), and/or
does not have to be restated. However, • Any amendment to a pre-approved
the Service has the discretion to request Line 1i. Enter the two digits plan that was adopted by the sponsor
copies of any amendments during its representing the month the employer's on behalf of the employer and
review of a terminating plan. A plan that tax year ends. considered by the Service in issuing an
opinion or advisory letter for the plan.
terminates after the effective date of a Lines 1j through 1m. If a foreign
change in law, but prior to the date that entity, follow the country's practice for Note. If the plan does not have a DL for
amendments are otherwise required, entering the name of the city or town, the preceding RAC, the plan sponsor
must be amended to comply with the province/county, and the postal code. must include with this application filing
applicable provisions of law from the copies of interim and discretionary
date on which such provisions become Line 2. The contact person will receive
effective with respect to the plan. The copies of all correspondence as amendments adopted for the preceding
plan must be amended in connection authorized in a Form 2848 or Form cycle. See What To File, earlier;
with the plan termination to comply with 8821. Either complete the contact's however, do not list these amendments
those provisions of law that become information on this line, or mark the box in the table on line 3f.
effective with respect to the plan or and attach a completed Form 2848 or Column (i). Note each amendment
before the date of plan termination, Form 8821. using an identifying number or name (for
including any amendments made after Lines 2h through 2k. If a foreign example, Amendment 1, or PPA
the date of termination that were contact, follow the country's practice for Amendment). An amendment may
required in order to obtain a favorable entering the name of the city or town, consist of modifications made to several
DL. See also the instructions to line 3f. province/county, and the postal code. plan provisions that are adopted on the
same date. Two or more amendments
Note. Do not use staples (except to Line 3b. A Volume Submitter (VS) plan with the same adoption date may be
attach the check to Form 8717), paper may, but is not required to contain a grouped and listed on a single line of the
clips, binders, or sticky notes. Do not provision that authorizes the VS table. In this case, enter in column (ii)
punch holes in the documents. practitioner to amend the plan on behalf the effective date of the amendment
of employers who have previously with the earliest effective date of any of
See Procedural Requirements adopted the plan. For purposes of the grouped amendments.
Checklist of this form to ensure that your reliance on the advisory letter, the
package is complete before submitting practitioner will no longer have the Column (ii). Enter the date the
it. authority to amend the plan on behalf of amendment is actually effective under
the employer as of the date of the the plan. For example, if an amendment
Specific Instructions adoption of an employer amendment to is effective on the first day of the first
the plan to incorporate a type of plan not plan year beginning on or after January
Line 1. Enter the name, address, and allowable in the VS program or as of the 1, 2013, and the plan year of the plan
telephone number of the plan sponsor/ date the Service notifies the practitioner
employer.

-2-

- 3 -

Page 3 of 6 Fileid: … ns/I5310/202101/A/XML/Cycle06/source 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

ends on June 30, the date to be entered deceased employee regardless of the A cash balance plan is a DB plan
in column (ii) is 07/01/2013. number of individuals receiving benefits. which, rather than or in addition to
expressing the accrued benefit as a life
Column (iii). If the amendment is in Example. Payment of a deceased annuity commencing at normal
proposed form enter 09/09/9999. employee's benefit to three children is retirement age, defines benefits for
considered a payment to one each employee in terms more common
Column (iv) and (v). Mark with an beneficiary. to a DC plan, that is, as a single-sum
“X” whether the amendment is an
interim or a discretionary amendment. If Lines 4f and 4g. See Notice 2002-1, distribution amount equal to the
the amendment contains both interim 2002-2 I.R.B. 283 (as amplified by employee’s hypothetical account
and discretionary provisions, mark both Notice 2003-49, 2003-32 I.R.B. 294, balance. Benefits consist of an
columns (iv) and (v) with an “X.” and Notice 2011-86, 2011-45 I.R.B. accumulation of hypothetical allocation
698), for further details, including how to credits to an account plus hypothetical
Column (vi). For each individual determine compensation. accumulated interest credits on that
amendment listed, did the pre-approved account.
plan sponsor have the power to amend Line 5. Attach copies of records of all
the plan on behalf of the adopting actions taken to terminate the plan, Line 6b(2). If the plan’s normal
employer? If “Yes” enter “X” in this such as board of directors’ resolutions, retirement age is below 62, the
column. etc. employer (or trustees in the case of a
multi-employer plan) must submit a
Column (vii). Note the due date of Line 5a(1). An application is deemed
signed statement that this is a good faith
the employer's tax return, including to be filed in connection with plan
determination of the typical retirement
extensions, if applicable for the year in termination if it is filed no later than the
age for the industry in which the
which the amendments were adopted. If later of (i) 1 year from the effective date
covered workforce is employed. See
the relevant amendment is discretionary of termination or (ii) 1 year from the date
Regulations section 1.401(a)-1. If this is
only, this field should be blank. on which the action terminating the plan
a governmental plan, leave blank.
is adopted. However, in no event can
Line 3h. Designate the specific tax the application be filed later than 12 Line7a(1). If the employer is a member
return the employer uses to file its months from the date of distribution of of a controlled group of corporations,
return. For example, Form 1120, 1040, substantially all plan assets in trades or businesses under common
or Form 990 series (in the case of a connection with the termination of the control, or an ASG, all employees of the
tax-exempt employer). For a tax-exempt plan. group will be treated as employed by a
employer, the section 990 series is a single employer for purposes of certain
substitute for an income tax return. If no Line 5b. Assets must be distributed as
qualification requirements. Attach a
tax return is filed by the entity (such as a soon as administratively feasible after
statement that provides the following in
governmental employer), write “N/A”. the date of termination. See Rev. Rul.
detail:
See section 5.06(2) of Rev. Proc. 89-87, 1989-2 C.B. 81.
1. All members of the controlled
2007-44 for details.
Note. Rev. Proc. 2013-6 contains the group,
Line 4a. This field is limited to 70 guidance under which the DL program 2. The relationship of each member
characters, including spaces. Fill in the is administered, and is updated to the plan sponsor,
name as it should appear on the DL to annually. The application should be filed
3. The type(s) of plan(s) maintained
the extent permitted. Keep in mind that in accordance with Rev. Proc. 2007-44
by each employer, and
“Employees” and “Trust” are not (as revised by Ann. 2011-82), and Rev.
necessary in the plan name and will be Proc. 2013-6, as updated. 4. Plans common to all members.
left off if space does not permit.
Line 5c(1). Check “No” only if there will Line 7a(2). Check “Yes” if the plan
Line 4b. Enter the three-digit plan be no reversion of plan assets to the sponsor is a member of an ASG,
number. This should be the same employer. controlled group of corporations or
number that is used when the Form group of trades or businesses under
5500 annual series return/report is filed. Line 5c(3). For the definition of a
qualified replacement plan, see section common control within the meaning of
Line 4c. Plan month means the month 4980(d)(2). section 414(b) or (c); is a foreign entity,
in which the plan year ends. Enter the a nonresident alien individual, foreign
two-digit month (MM). Line 6a. A Pension Equity Plan (PEP) corporations, foreign partnerships,
is a DB plan which, rather than or in foreign trusts, foreign estates, and any
Line 4e. Enter the total number of addition to expressing the accrued other person that is not a United States
participants. A participant is: benefit as a life annuity commencing at person. See sections 1473(5) and
1. Any employee participating in the normal retirement age, defines benefits 7701(a)(30).
plan, including employees under a for each employee as an amount equal
section 401(k) qualified cash or deferred to an accumulated percentage of final Line 7b. If “Yes,” complete only
arrangement who are eligible but do not pay. Benefits are generally described as applicable sections of this form.
make elective deferrals, a percentage of final pay with the Governmental plans under section
percentage determined as the 414(d) are exempt from certain
2. Retirees and other former qualification requirements and are
accumulation of percentage points or
employees who have a nonforfeitable deemed to satisfy certain other
lump-sum credits received for each year
right to benefits under the plan, and qualification requirements under certain
of service. Generally, the accumulated
3. The beneficiaries of a deceased percentage points or lump-sum credits conditions. For example, the
employee who is receiving or will in the are multiplied by final average or career nondiscrimination rules, minimum
future receive benefits under the plan. average compensation to determine the participation rules, top heavy rules, and
Include one beneficiary for each lump-sum amount. minimum funding standards do not

-3-

- 4 -

Page 4 of 6 Fileid: … ns/I5310/202101/A/XML/Cycle06/source 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

apply to governmental plans. In 3. Date of merger, consolidation, such benefits. See section 411(d)(6),
addition, such plans meet the vesting spinoff, or a transfer of plan assets or Regulations section 1.411(d)-3, and
rules if they meet the pre-ERISA vesting liabilities, and Rev. Rul. 85-6, 1985-1 C.B. 133.
requirements. 4. Verification that each plan Line 17c. Regulations section
Line 7c. If a church plan has not made involved was qualified at the time of the 1.401(a)-20, Q&A-2 provides, in part,
such an election, complete only the merger, consolidation, spinoff, or a that the requirements of sections 401(a)
portions of this form that apply. transfer of plan assets or liabilities. (11) and 417 apply to the payments
under annuity contracts, not to the
A church plan (for which no special Note. Verification includes a copy of a distributions of annuity contracts.
election under section 410(d) has been prior DL, if any, the appropriate opinion
made) is ordinarily not subject to various or advisory letter, and adoption Line 17e. Answer “Yes” if any plan
qualification requirements. Section agreement/plan document. Otherwise, assets were contributed in the form of,
provisions that do not apply to a provide a signed and dated copy of the or invested in, obligations or property of
nonelecting church plan include section most recent restatement and any the employer (including any entity
410 (relating to minimum participation subsequent amendments. related to the employer under section
standards), section 411 (relating to 414(b) or 414(c)).
minimum vesting standards), section The plan and amendments submitted
412 (relating to minimum funding to verify the plan was qualified prior to Line 17g. Section 436 requires the
standards for pension plans), and the merger, consolidation, spinoff, or a calculation of the Adjusted Funding
section 4975 (relating to prohibited transfer of plan assets or liabilities are Target Attainment Percentage (AFTAP)
transactions). In addition, provisions for information purposes only and will to determine whether the plan is subject
relating to joint and survivor annuities, not be ruled on. to limits on plan amendments,
mergers and consolidations, If applicable, file Form 5310-A, lump-sum distributions, or benefit
assignment or alienation of benefits, Notice of Plan Merger or Consolidation, accruals. Attach copies of the AFTAP
time of benefit commencement, certain Spinoff, or Transfer of Plan Assets or certification. If the employer has filed for
social security increases, withdrawals of Liabilities; Notice of Qualified Separate bankruptcy, please provide the type and
employee contributions, and Lines of Business, 30 days prior to the date of the bankruptcy filing.
distributions after plan termination, merger, consolidation, or transfer of Line 17i. All plan liabilities must be
respectively, also do not apply. assets or liabilities. satisfied before assets can revert to the
employer upon termination of the plan.
Line 7g. If the plan involves a section Note. A termination/reestablishment All liabilities will not be satisfied if the
401(h) feature, reference the feature in transaction occurs when an employer value of retirement-type subsidies are
the cover letter and note that this feature terminates an overfunded DB plan, not provided participants who, after the
is part of the termination application. receives the excess assets, and then date of the proposed termination, satisfy
The cover letter must specifically state establishes a new DB plan covering the certain pre-termination conditions
the location of plan provisions that relate active employee. necessary to receive such benefits. See
to the section 401(h) feature.
section 401(a)(2) and Regulations
Line 8. Section 3001 of the Employee Line 14. If “adverse business
section 1.401-2(a)(1). The annuity
Retirement Income Security Act conditions” is checked as the reason for
contracts purchased must be
(ERISA) requires the applicants subject termination, attach an explanation
guaranteed for each participant.
to section 410 to provide evidence that detailing the conditions that require
However, in order to maintain
each employee who qualifies as an termination of the plan.
qualification of a continuing pension
interested party has been notified of the Line 16a. A dropped participant means plan, the contracts covering
filing of the application. If “Yes” is any participant who has terminated participants’ accrued benefits in the plan
checked, it means that each employee employment even if their benefits have must not be distributed except in
has been notified as required by not been distributed. accordance with Regulations section
Regulations section 1.7476-1. If this is a Enter the number of participants who 1.401-1(b)(1)(i).
one-person plan or if this plan is not separated from vesting service with less Line 17i(2). If the answer to this item is
subject to section 410, a copy of the than 100% vesting in their accrued “Yes,” attach a list that includes the:
notice is not required to be attached to benefit or account balance. If there is a
1. Name(s) of the plan sponsor(s),
this application. If "No" is checked or 20% reduction in participants for any
this line is blank, the application will be period, attach an explanation as to why 2. Employer or sponsor(s) EIN(s),
returned. this would not constitute a partial 3. Administrator's identification
Rules defining "interested parties" termination. number(s),
and the form of notification are in
Regulations section 1.7476-1. Line 17b. The accrued benefits of a 4. Plan number(s),
plan participant may not be reduced on 5. An explanation of the
Line 11i. If “Yes,” attach a separate plan termination. A plan amendment transaction(s) including:
statement providing the name, EIN, and (including an amendment terminating a a. The amount(s) of any
plan type of the other plan, and a copy plan) that effectively eliminates or reversion(s),
of pertinent plan provisions from the reduces an early retirement benefit or a
related plan regarding the offset. retirement type subsidy for benefits b. The date(s) of termination, and
Line 12. If “Yes,” attach a statement attributable to pre-amendment service is c. The reason(s) for termination.
that provides the following: treated as reducing the accrued benefit
of a participant if subsequent to Line 17j(1). For this question only,
1. Name of plans involved, termination the participant could satisfy “single-sum distribution” will mean a
2. Type of plan, the conditions necessary to receive single payment of the value of a

-4-

- 5 -

Page 5 of 6 Fileid: … ns/I5310/202101/A/XML/Cycle06/source 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

participant's benefits or a series of any amounts subject to sections 401(k) 3. Date of loan.
payments that do not provide or (m) and is separate from any other 4. Balance of the loan at the date of
substantially equal payments (either plan of the employer. termination.
alone or in conjunction with other benefit
payments) over the life of the Line 19b. Enter the amount of 5. Account balance prior to the date
participant. forfeitures for each of the plan years on of the loan.
the chart. If these forfeitures resulted 6. Identify all disqualified persons as
Line 17m. Attach a statement for each from a cashout for a year not listed on described by section 4975(e).
plan that includes the following line 19, attach a statement indicating the 7. Amortization.
information: year of the cashout.
1. Name of plan, 8. Repayment schedule.
Line 19c. Enter the amount of transfers
2. Type of plan, and rollovers received from qualified Line 21c(12). Include allocated and
3. Form of plan (standardized, plans (under section 401(a) and/or unallocated contracts including
non-standardized, VS, or individually conduit IRAs) for each of the plan years plan-owned life insurance.
designed), entered. Submit proof that any rollovers Line 21i. “Acquisition indebtedness,”
4. Plan number, or asset transfers received were from a for debt-financed property other than
qualified plan or IRA (for example, DL real property, means the outstanding
5. Vesting schedule, and and timely interim amendments). amount of the principal debt incurred:
6. Whether the plan has received a
DL or an application for a letter is Line 21. Complete the statement 1. By the organization in acquiring
pending with the IRS. showing the estimated fair market value or improving the property,
of the plan assets and liabilities as of the
2. Before the acquisition or
Line 17n. Applicable DC plans are proposed date of termination or the
improvement of the property if the debt
required to contain the participant latest valuation date.
was incurred only to acquire or improve
diversification rights under section Include and clearly identify all the property, or
401(a)(35). In general, an applicable DC liabilities (other than liabilities for benefit
3. After the acquisition or
plan means any DC plan that holds payments due after the date of plan
improvement of the property if the debt
publicly traded employer securities. DC termination) that are unpaid as of the
was incurred only to acquire or improve
plans are required to have plan proposed termination date or that are
the property and was reasonably
language reflecting the section 401(a) paid or payable from plan assets after
foreseeable at the time of such
(35) rights, with exceptions including the the proposed date of plan termination
acquisition or improvement. For more
following: under the provisions of the plan.
details, see section 514(c).
1. The terms of the plan do not Liabilities include expenses, fees,
permit any investments in employer other administrative costs, and benefit How To Get Forms,
securities. payments due and not paid before the
2. The terms of the plan provide that proposed termination date or latest Publications, and
the plan may invest in employer valuation date. Assistance
securities, but only if these securities Line 21c(4). Include investment Getting tax forms, instructions, and
are held indirectly as part of a broader securities issued by a corporate entity at publications. Visit IRS.gov/Forms to
fund that is: a stated interest rate repayable on a download current and prior-year forms,
a. A regulated investment company particular future date such as most instructions, and publications.
described in section 851(a), bonds, debentures, convertible Ordering tax forms, instructions,
b. A common or collective trust fund debentures, commercial paper, and and publications. Go to IRS.gov/
or pooled investment fund maintained zero coupon bonds. Do not include debt OrderForms to order current forms,
by a bank or trust company supervised securities of governmental units or instructions, and publications, call
by a State or a Federal agency, municipalities. 800-829-3676 to order prior-year forms
c. A pooled investment fund of an Line 21c(7)(A). Include the current and instructions. Your order should
insurance company that is qualified to value of real property owned by the plan arrive within 10 business days.
do business in a State, or which produces income from rentals,
d. An investment fund managed by etc. Do not include this property on Tax questions. If you have a tax
an investment manager within the line 21e (building equipment, and other question not answered by this
meaning of section (3)(38) of ERISA for property used in plan operations). publication, go to the IRS Interactive
Tax Assistant page at IRS.gov/Help/ITA
a multi-employer plan. Line 21c(9) and (10). Attach a list of where you can find topics using the
3. The terms of the plan state that outstanding loans from the plan. Include search feature or by viewing the
the plan is a one-participant retirement the following information: categories listed.
plan as defined in section 401(a)(35)(E) 1. Signed and dated loan
(iv). agreement. For questions regarding this form,
4. The plan is an ESOP, described 2. Dollar amount of each loan(s). call Employee Plans Customer Service
in section 4975(e)(7), that does not hold toll free at 877-829-5500.

Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue
laws of the United States. Under sections 401, 403, 410, 411, 412, and 414 and their regulations it is our legal right to ask for
this information. Section 6109 requires you to provide your identifying number. You are not required to have your plan's
qualification status determined by the IRS. However, if you want your plan's qualification status determined by the IRS, you are
required to give us the information on this form. We need it to determine your plan's qualification status at the time of the plan's

-5-

- 6 -

Page 6 of 6 Fileid: … ns/I5310/202101/A/XML/Cycle06/source 18:19 - 20-Apr-2021

The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing.

termination. Your failure to provide all of the information requested may prevent processing of this form. Providing false
information may subject you to penalties. We may disclose this information to the Department of Justice for civil or criminal
litigation, and to cities, states, the District of Columbia, and U.S. commonwealths or possessions for use in the administration of
their tax laws. We may also disclose this information to federal and state agencies to enforce federal nontax criminal laws, or to
federal law enforcement and intelligence agencies to combat terrorism.
You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless
the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long
as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return
information are confidential, as required by section 6103.
The time needed to complete and file the forms listed below will vary depending on individual circumstances. The estimated
average times are:

Recordkeeping Learning about the law or the form Preparing, copying,
assembling, and
sending the form to
the IRS
Form 5310 64 hr., 5 min. 21 hr., 35 min. 25 hr., 27 min.
Form 6088 6 hr., 24 min. 1 hr., 12 min. 1 hr., 21 min.

If you have any comments concerning the accuracy of these time estimates or suggestions for making these forms simpler,
we would be happy to hear from you. You can send us comments from IRS.gov/FormComments. Or you can send your
comments to Internal Revenue Service, Tax Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224.
Do not send these forms to this address. Instead, see Where To File, earlier.

-6-

PDF file checksum: 1289141317

(Plugin #1/8.13/12.0)