Enlarge image | Application for Approval of Prototype or Employer Form 5306 Sponsored Individual Retirement Arrangement (IRA) (Rev. August 2013) OMB No. 1545-0390 Department of the Treasury (Under section 408(a), (b), (c), or (p) or section 408A of the Internal Revenue Code) Internal Revenue Service ▶ Information about Form 5306 and its instructions is at www.irs.gov/form5306. 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 (4) Bank letter) 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 Please 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. 8-2013) |
Enlarge image | Form 5306 (Rev. 8-2013) 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 For IRS Page where the following provisions appear. If an item does not apply, enter “N/A.” Sample language, or a listing Section Use of required modifications (LRMs), is available on the IRS website atIRS.gov. Type “LRM” in the search box. Number Only Sponsors are encouraged to use LRM 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. 8-2013) |
Enlarge image | Form 5306 (Rev. 8-2013) Page 3 General Instructions Where to file. File Form 5306 with the You are not required to provide the Internal Revenue Service, Attention: EP information requested on a form that is Section references are to the Internal Opinion Letters, P.O. Box 27063, subject to the Paperwork Reduction Act Revenue Code unless otherwise noted. McPherson Station, Washington, DC unless the form displays a valid OMB Future developments. For the latest 20038. control number. Books or records relating to a form or its instructions must information about developments related Address. Include the suite, room, or be retained as long as their contents to Form 5306 and its instructions, such other unit number after the street may become material in the as legislation enacted after this form and number. If the Post Office does not administration of any Internal Revenue instructions were published, go to deliver mail to the street address and law. www.irs.gov/form5306. you have a P.O. box, show the box Generally, tax returns and return Purpose of form. Sponsoring number instead of the street address. information are confidential, as stated in organizations, employers, or employee Signature. An officer who is authorized section 6103. However, section 6103 associations, use Form 5306 to request to sign or another person authorized allows or requires the Internal Revenue a ruling as to: under a power of attorney must sign this Service to disclose or give such • Whether a trust or custodial account application. Send the power of attorney information to the Department of Justice agreement meets the requirements of with this application when you file it. for civil and criminal litigation, and to section 408(a), 408(c), 408(p), or 408A, cities, states, the District of Columbia, or Specific Instructions U.S. commonwealths and possessions for use in administering their tax laws. • Whether an individual annuity meets User fee. All applications must be We may also disclose this information to the requirements of section 408(b), accompanied by the appropriate user other countries under a tax treaty, to 408(p), or 408A. fee. Applications submitted without the federal and state agencies to enforce proper user fee will not be processed federal nontax criminal laws, or to Who May File and will be returned to the applicant. federal law enforcement and intelligence Opinion letters on prototype IRAs. To find the proper user fee, see Rev. agencies to combat terrorism. Form 5306 may be filed by a sponsoring Proc. 2013-8, 2013-1 I.R.B. 237, The time needed to complete and file organization that is: available at this form will vary depending on • A bank (including savings and loan www.irs.gov/irb/2013-01_IRB/ar13.html individual circumstances. The estimated associations that qualify as banks and or the current superseding revenue average time is: federally insured credit unions), procedure. Recordkeeping . . . 11 hr., 43 min. • Any person who has IRS approval to Line 2c. If you are amending your plan, act as a trustee or custodian, enter the file folder number, letter serial Learning about the number, and date from the latest opinion law or the form . . . . . 53 min. • An insurance company, letter you received for your plan. Preparing and sending • A regulated investment company, or Line 7c. Identify the endorsement, the form to the IRS . . 1 hr., 7 min. • A trade or professional society or contract, or both for which you are If you have comments concerning the association (other than employee requesting an opinion letter. accuracy of these time estimates or associations). suggestions for making this form Rulings under section 408(c). Privacy Act and Paperwork simpler, we would be happy to hear Employers or employee associations Reduction Act Notice from you. You can send us comments from www.irs.gov/formspubs/. Click on who want a ruling under section 408(c) We ask for the information on this form "More Information" and then on for a trust which will be used for to carry out the Internal Revenue laws of "Comment on Tax Forms and individual retirement accounts may file the United States. We need it to ensure Publications." Or you can send your this form. The term “employee that you are complying with these laws comments to Internal Revenue Service, association” means any organization and to allow us to figure and collect the Tax Forms and Publications Division, composed of two or more employees, right amount of tax. This information is 1111 Constitution Ave. NW, IR-6526, including, but not limited to, an needed to process your application and Washington, DC 20224. Do not send the employee association described in to determine whether your individual form to this address. Instead, see Where section 501(c)(4). retirement account or individual to file. Who does not need to file. Sponsors of retirement annuity meets the programs that use any of the Form 5305 requirements of section 408(a), 408(b), series of model forms should not submit 408(c), 408(p), or 408A. You are not their programs to the Internal Revenue required to apply for approval; however, Service. These model forms, issued by if you want to receive a ruling from the the Service, contain language that, if IRS regarding your prototype or followed, will satisfy the applicable employee sponsored individual statutory requirements. retirement arrangement, you are required to provide the information requested on What to file. File Form 5306 and a copy this form. Section 6109 requires you to of the trust, custodial account, or provide the requested identification annuity contract and all other applicable numbers. Failure to provide the documents. If you are requesting an information may delay or prevent opinion letter for an annuity where all the processing your application; providing Internal Revenue Code requirements are any false information may subject you to set forth in a separate endorsement that penalties. supersedes any conflicting language in any contract to which it may be attached, submit the endorsement and not the contract. |