Instructions for Form 5300 - Introductory Material


Table of Contents

Future Developments

For the latest information about developments related to Form 5300 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/form5300.

What's New

The form and the instructions have undergone revisions in the format and the information required. Some of the revisions were made under Announcement 2011-82, 2011-52 I.R.B. 1052, which eliminated demonstrations regarding coverage and nondiscrimination requirements and limited Form 5307, Application for Determination for Adopters of Modified Volume Submitter (VS) Plans applications.

Note.

Rev. Proc. 2013-6, 2013-1 I.R.B. 198, available at www.irs.gov/irb/2013-01_IRB/ar11.html as updated by Ann. 2013-13, 2013-9 I.R.B. 532, available at www.irs.gov/irb/2013-09_IRB/ar11.html and Ann. 2013-15, 2013-11 I.R.B. 652, available at www.irs.gov/irb/2013-11_IRB/ar19.html contains the guidance under which the determination letter (DL) program is administered. The Rev. Proc. is updated annually and can be found in the Internal Revenue Bulletin (I.R.B.). The application should be filed under Rev. Proc. 2007-44, 2007-28 I.R.B. 54 available at www.irs.gov/irb/2007-28_IRB/ar12.html (as revised by Ann. 2011-82), and Rev. Proc. 2013-6.

Review these documents before completing the application.

Disclosure Request by Taxpayer.

A taxpayer can authorize the IRS to disclose and discuss the taxpayer's return and/or return information with any person(s) the taxpayer designates in a written request. Use Form 2848, Power of Attorney and Declaration of Representative, if the representative is qualified to sign, or Form 8821, Tax Information Authorization, for this purpose. See Pub. 947, Practice Before the IRS and Power of Attorney, for more information.

Public Inspection.

Form 5300 is open to public inspection if there are more than 25 plan participants. The total number of participants must be shown on line 4e. See the instructions for line 4e for a definition of participant.


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