About Form 4461-C, Application for Approval of Standardized or Nonstandardized 403(b) Pre-Approved Plans

Form 4461-CPDF

Guidance regarding the completion of Item 3d on this form: Please only select one of the four items for "Type of applicant." "Provider" should only be selected for an applicant who is not a mass submitter and is filing a lead plan for an opinion letter. There has been confusion because the definition of "Provider" on page 4 provides that a provider also includes any person who offers a plan as a word-for-word identical adopter or minor modifier adopter of a mass submitter's plan. While this definition is correct, the intent of item 3d on the application is to differentiate applicants between a mass submitter with a lead plan, a non-mass submitter with a lead plan, a word-for-word identical adopter of a mass submitter's lead plan, and a minor modifier of a mass submitter's lead plan. Therefore, if an applicant is a minor modifier of a mass submitter's lead plan, only select "minor modifier" on Item 3d even though the applicant is technically both a provider and minor modifier. The same rule applies for word-for-word identical adopters of mass submitter lead plans. The IRS intends to clarify the application form in the future.

Revenue Procedure 2021-37

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