A Favorable Determination Letter:

• is issued by the Service in response to a request by a plan sponsor as to the qualified status of their retirement plan under IRC section 401(a);
  
  
• expresses the Service's opinion regarding the form of the plan;
  
  
• is issued based on the applicable Cumulative List at the time the application is received; and
  
  
• applies only to the employer and the plan participants on whose behalf the determination letter was issued.
  
  

Plan sponsors who are requesting a determination letter for ongoing plans should file Form 5300 series*. Plan sponsors who are requesting a determination letter upon plan termination should file Form 5310. (* Form 5300 series include Forms 5300, and 5307.)

Note: A favorable determination letter cannot be issued earlier than 60 days from the postmark date of the determination letter application in order to allow for interested parties to comment. If you submitted your Application for Determination for an Employee Benefit Plan (Forms 5300, 5307or 5310) and after 145 days, you still have not been contacted by the IRS, please refer to Check the Status of Your Letter.

Publication 794 - Favorable Determination Letter
This publication explains the significance and scope of the favorable determination letter and provides reporting requirements.