Enlarge image | Application for Approval of Prototype or Employer Form 5306 (Rev. November 2019) Sponsored Individual Retirement Arrangement (IRA) OMB No. 1545-0390 (Under section 408(a), (b), (c), or (p) or section 408A of the Internal Revenue Code) Department of the Treasury Internal Revenue Service ▶ Go to www.irs.gov/Form5306 for the latest information. For IRS Use Only 1 Enter amount of user fee submitted. See Specific Instructions ▶ $ File folder number Part I Identifying Information (see instructions before completing this part) 2 Approval requested for: a Type of individual retirement arrangement— (1) Prototype traditional IRA under section 408(a) or 408(b) (2) Prototype Roth IRA under section 408A (3) Prototype dual-purpose IRA (4) Prototype SIMPLE IRA under section 408(p) (5) Roth or traditional IRA established by employer or employee association under section 408(c) b Initial application c Amendment—Enter ▶ (1) Latest letter serial number (2) Date letter issued (3) File folder number 3a Name of applicant 3b Employer identification number of applicant Number, street, and room or suite no. (if a P.O. box, see instructions) City or town, state, and ZIP code 4a Name of person to be contacted 4b Telephone number 4 c Email address 4d If a power of attorney is attached, check box . . ▶ 5 a Type of sponsoring organization (if you are applying for a ruling under section 408(c), do not complete this item): (1) Insurance company (5) Regulated investment company (2) Trade or professional association (6) Federally insured credit union (3) Savings and loan association that qualifies as a bank (7) Approved non-bank trustee (attach copy of approval letter) (4) Bank b Type of submission (check one box): (1) Not a mass submitter (2) Mass submitter (3) Identical adoption of a mass submitter (4) Minor modification of a mass submitter 6 Name of trustee or custodian Number, street, and room or suite no. (if a P.O. box, see instructions) City or town, state, and ZIP code 7 Type of funding entity: a Trust c Insurance company b Custodial account Annuity contract or endorsement number (see instructions) ▶ 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. Sign ▲ ▲ Here Signature of officer Date Title For Privacy Act and Paperwork Reduction Act Notice, see instructions. Cat. No. 11830C Form 5306 (Rev. 11-2019) |
Enlarge image | Form 5306 (Rev. 11-2019) Page 2 Part II Plan Information Attach a copy of the plan documents and indicate the article or section reference and the page number Article or Page For IRS where the following provisions appear. If an item does not apply, enter “N/A.” Sample language, or a listing Use of required modifications (LRMs), is available at www.irs.gov/LRMS. Sponsors are encouraged to use LRM Section Number Only language. Reference 8a Does the IRA provide that the trust is created for the exclusive benefit of the participant or his or her beneficiaries, or that the annuity contract must be owned only by the annuitant? . . . . . . . . . . . . . . . . . . . . . . . . . 1/13 b Does the IRA describe the type of allowable contributions (that is, only cash except for rollovers) and maximum limitation? . . . . . . . . . . . . . . . . 2/14 c Does the IRA prohibit the investment of trust assets in collectibles, or contain a statement informing individuals that an investment in collectibles, except for investments in certain coins and precious metals, will be treated as a taxable distribution? . . . . . . . . . . . . . . . . . . . . . . . . . 3 d Does the IRA prohibit investment in life insurance contracts? . . . . . . . . . 4 e Does the IRA provide the rules on required distributions commencing before death? . 5/15 f Does the IRA provide the rules on required distributions commencing after death? . 6/16 g Does the IRA provide that the account is nonforfeitable? . . . . . . . . . . 7/17 h Does the IRA provide that the contract is nontransferable? . . . . . . . . . 18 i Does the IRA provide for application of premium refund (other than refunds attributable to excess contributions) before the end of the calendar year following the year of the refund toward the payment of future premiums or the purchase of additional benefits? 19 j Does the IRA prohibit commingling assets of trusts? . . . . . . . . . . . 8 k Does the IRA provide that annuity contracts must have flexible premiums? . . . . 20 l Does the IRA provide for a separate accounting for the interest of each employee or member of the association? . . . . . . . . . . . . . . . . . . . . 9 m Does the IRA provide for annual calendar-year reports by trustees or issuers? . . . 10/21 n Does the IRA require substitution of non-bank trustee or custodian when notified by the Commissioner of the Internal Revenue Service? . . . . . . . . . . . . 11 o Does the IRA define compensation? . . . . . . . . . . . . . . . . . 12/22 Form 5306 (Rev. 11-2019) |
Enlarge image | Form 5306 (Rev. 11-2019) Page 3 General Instructions Where to file. File Form 5306 at this you want to receive a ruling from the IRS address. regarding your prototype or employee Section references are to the Internal Internal Revenue Service sponsored individual retirement Revenue Code unless otherwise noted. Attn: EP Opinion Letters arrangement, you are required to provide Future developments. For the latest TE/GE Stop 31A Team 105 the information requested on this form. information about developments related P.O. Box 12192 Section 6109 requires you to provide the to Form 5306 and its instructions, such Covington, KY 41012-0192 requested identification numbers. Failure as legislation enacted after this form and Private delivery services (PDSs). PDSs to provide the information may delay or instructions were published, go to can’t deliver to the address shown prevent processing your application; www.irs.gov/Form5306. above. If you choose to use a PDS, send providing any false information may Purpose of form. Sponsoring Form 5306 to this address. subject you to penalties. organizations, employers, or employee Internal Revenue Service You are not required to provide the associations, use Form 5306 to request Attn: EP Opinion Letters information requested on a form that is a ruling as to: TE/GE Stop 31A Team 105 subject to the Paperwork Reduction Act • Whether a trust or custodial account 7940 Kentucky Drive unless the form displays a valid OMB agreement meets the requirements of Florence, KY 41042 control number. Books or records relating to a form or its instructions must section 408(a), 408(c), 408(p), or 408A; or Go to www.irs.gov/PDS for the current be retained as long as their contents • Whether an individual annuity meets list of designated services. may become material in the the requirements of section 408(b), Address. Include the suite, room, or administration of any Internal Revenue 408(p), or 408A. other unit number after the street law. number. If thePost Office does not Generally, tax returns and return Who May File deliver mail to the street address and information are confidential, as stated in Opinion letters on prototype IRAs. you have a P.O. box, show the box section 6103. However, section 6103 Form 5306 may be filed by a sponsoring number instead of the street address. allows or requires the Internal Revenue organization that is: Signature. An officer who is authorized Service to disclose or give such • A bank (including savings and loan to sign or another person authorized information to the Department of Justice associations that qualify as banks and under a power of attorney must sign this for civil and criminal litigation, and to federally insured credit unions), application. Send the power of attorney cities, states, the District of Columbia, with this application when you file it. and U.S. commonwealths and • Any person who has IRS approval to possessions for use in administering act as a trustee or custodian, their tax laws. We may also disclose this Specific Instructions • An insurance company, information to other countries under a User fee. All applications must be tax treaty, to federal and state agencies • A regulated investment company, or accompanied by the appropriate user to enforce federal nontax criminal laws, • A trade or professional society or fee.Applications submitted without the or to federal law enforcement and association (other than employee properuser fee will not be processed intelligence agencies to combat associations). and will be returned to the applicant. terrorism. Rulings under section 408(c). To find the proper user fee, see Rev. The time needed to complete and file Employers or employee associations Proc. 2019-4, 2019-1 I.R.B. 146, this form will vary depending on who want a ruling under section 408(c) available at www.irs.gov/ individual circumstances. The estimated for a trust that will beused for individual irb/2019-01_IRB#RP-2019-04, or the average time is: retirement accounts may file this form. latest annual update. Recordkeeping . . . 11 hr., 43 min. The term “employee association” means Line 2c.If you are amending your plan, Learning about the any organization composed of two or enter the file folder number, letter serial law or the form . . . . . . 53 min. more employees, including, but not number, and date from the latest opinion limited to, an employee association letter you received for your plan. Preparing and sending described in section 501(c)(4). the form to the IRS . . 1 hr., 7 min. Line 7c. Identify the endorsement, the Who does not need to file. Sponsors of contract, or both for which you are If you have comments concerning the programs that use any of the Form 5305 requesting an opinion letter. accuracy of these time estimates or series of model forms should not submit suggestions for making this form their programs to the IRS. These model Privacy Act and Paperwork simpler, we would be happy to hear from forms, issued by the IRS, contain you. You can send us comments from language that, if followed, will satisfy the Reduction Act Notice www.irs.gov/FormComments. Or you applicable statutory requirements. We ask for the information on this form to can write to Internal Revenue Service, What to file. File Form 5306 and a copy carry out the Internal Revenue laws of the Tax Forms and Publications Division, of the trust, custodial account, or annuity United States. We need it to ensure that 1111 Constitution Ave. NW, IR-6526, contract and all other applicable you are complying with these laws and to Washington, DC 20224. Do not send the documents. If you are requesting an allow us to figure and collect the right form to this address. Instead, see Where opinion letter for an annuity where all the amount of tax. This information is needed to file ,earlier. Internal Revenue Code requirements are to process your application and to set forth in a separate endorsement that determine whether your individual supersedes any conflicting language in retirement account or individual any contract to which it may be retirement annuity meets the attached, submit the endorsement and requirements of section 408(a), 408(b), not the contract. 408(c), 408(p), or 408A. You are not required to apply for approval; however, if |