Employee Plans Determination Letter Program Reminders
We’ve made several changes to the Employee Plans Determination Letter Program, including changes to:
- Form 2848
- Determination letter application user fees
- Acceptance of demonstrations
We revised Form 2848, Power of Attorney and Declaration of Representative (instructions). Please review the chart that explains the revisions, especially to lines 1, 2 and 4 that affect determination letter applications.
Determination letter application user fees
Please pay the correct user fee amount for your determination letter application using these current rates (effective February 1, 2011).
|Form 5300, Application for Determination for Employee Benefit Plan (instructions)||$2,500 – no demonstration|
|Form 5307, Application for Determination for Adopters of Master or Prototype or Volume Submitter Plans (instructions)||$300 – no demonstration|
|Form 5310, Application for Determination for Terminating Plan (instructions)||$2,000 – no demonstration|
Revenue Procedure 2013-8 Section 6 (Fee Schedule) lists all current Employee Plans user fees.
User fee exemption – if your plan qualifies, you may not have to pay the user fee for your plan’s determination letter application.
Acceptance of demonstrations
We eliminated the option to request a determination on coverage and nondiscrimination demonstrations (Revenue Procedure 2013-6) beginning:
- February 1, 2012, for plans with a 5-year remedial amendment cycle (other than terminating plans), and
- May 1, 2012, for:
- terminating plans, and
- plans with a 6-year remedial amendment cycle.
Previously, you could’ve submitted Schedule Q (Form 5300), Elective Determination Requests, with your determination letter application and included data demonstrating compliance with coverage or nondiscrimination requirements.
- Retirement Plan FAQs - Changes Relating to Form 5307 and Demos
- Determination, Opinion and Advisory Letters