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Instructions for Form 5303 2003 Tax Year

General Instructions

This is archived information that pertains only to the 2003 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

Table of Contents

A Change To Note

Governmental plans are not required to attach Schedule Q (Form 5300), Nondiscrimination Requirements.

Purpose of Form

Use Form 5303 to request a determination letter from the IRS for the qualification of a defined benefit or a defined contribution plan and the exempt status of any related trust. The form is also used to inform the IRS of a termination of a multi-employer plan covered by Pension Benefit Guaranty Corporation (PBGC) insurance or the partial termination of a plan.

Type Of Plan

  • A Defined contribution plan (DCP) is a plan that provides an individual account for each participant and for benefits based only on the amount:

    1. Contributed to the participant's account,
    2. Any income, expenses, gains and losses, and any forfeitures of accounts of other participants which may be allocated to the participant's account.
  • A Defined benefit plan (DBP) is any plan that is not a DCP.


Note:

A qualified plan must satisfy section 401(a) including, but not limited to, participation, vesting, nondiscriminatory contributions or benefits, distributions, and contribution and benefit limitations.

Completing the Application

Applications are screened for completeness. Incomplete applications may be returned to the applicant. For this reason, it is important that an appropriate response be entered for each line item (unless instructed otherwise). In completing the application, pay careful attention to the following:

  • N/A (not applicable) is accepted as a response only if an N/A box is provided.
  • If a number is requested, a number must be entered.
  • If an item provides a choice of boxes to check, check only one box unless instructed otherwise.
  • If an item provides a box to check, written responses are not acceptable.
  • If a governmental plan or nonelecting church plan, certain lines do not have to be completed. See What To File and Specific Plans—Additional Requirements.
  • The IRS may, at its discretion, require a plan restatement or additional information any time it is deemed necessary.

Who May File

This form may be filed by the employer or plan administrator of a plan maintained under a collective bargaining agreement (CBA) between employee representatives and one or more employers desiring a determination letter for:

  • Initial qualification;
  • Qualification of an entire plan as amended;
  • Partial termination of a plan; or
  • Termination of a multi-employer plan covered by PBGC insurance.

This form may also be filed to request a determination letter on the qualified status of a plan at any time subsequent to initial qualification even if the plan has not been amended.

What To File

All plans must attach the following:

  • Form 8717, User Fee for Employee Plan Determination Letter Request. Please submit a separate check for each application. See How To Get Forms and Publications above, to get Form 8717.
  • Attach a duplicate copy of Form 5303, page 1, to the pink copy of Form 5303. The duplicate copy may be a reproduction or carbon, however the signature must be original.
  • Schedule Q (Form 5300), Nondiscrimination Requirements, and any additional schedules or demonstrations required by these instructions or the instructions for Schedule Q. Governmental plans are not required to complete Schedule Q.

Type of Determination Letter Requested

Initial Qualification

For initial qualification of a plan or when requesting a determination letter after initial qualification for a plan that has not been amended (for example, because of changes in employee demographics), file one copy of all instruments that make up the plan.

Entire Plan as Amended

When requesting a determination letter on the entire plan as amended after initial qualification, file:

  1. One copy of the plan and trust plus all amendments made to date;
  2. One copy of the latest determination letter, including caveats; and
  3. A statement explaining how any amendments made since the last determination letter affect this or any other plan of the employer.

Restated Plan

A restated plan is required if four or more amendments have been made since the last restated plan was submitted. For restatment purposes, do not count an amendment making only minor plan changes as a plan amendment. For a restated plan, file Form 5303 as described under Entire Plan as Amended above.

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Partial Termination Worksheet

Other Amendments

Complex amendments.   Use Form 5300, as described under Entire Plan as Amended above, for complex amendments, including amendments with significant changes to plan benefits or coverage.

Minor amendments.   Use Form 6406, Short Form Application for Determination for Minor Amendment of Employee Benefit Plan, instead of Form 5303 to request a determination letter on the effect of a minor amendment on the qualification of a plan.

Partial Termination

For a partial termination, you must:

  1. File the application form and the appropriate documents and statements.
  2. Attach a statement indicating whether a partial termination may have occurred or might occur as a result of proposed actions.
  3. Using the Partial Termination Worksheet format, submit a schedule of information for the plan year in which the partial (or potential partial) termination began. Also, submit a schedule for the next plan year, as well as for the 2 prior plan years, to the extent the information is available.

    If this plan has more than one benefit computation formula, in addition to completing the Partial Termination Worksheet on this page for the entire plan, attach a sheet showing the information separately in the same format as lines 1a through 1f for each benefit computation formula.

  4. Submit a description of the actions that may have resulted or might result in a partial termination.
  5. Include an explanation of how the plan meets the requirements of section 411(d)(3).

Termination of Plan

For a termination of a plan, file Form 5310, Application for Determination for Terminating Plan, to request a determination letter for the complete termination of a DBP or a DCP. Form 5303 should be filed to request a determination letter involving the complete termination of a multi-employer plan covered by the PBGC insurance program.

In addition, file:

  1. One copy of the plan;
  2. One copy of the latest determination letter, including caveats;
  3. A copy of all actions taken to terminate the plan; and
  4. If necessary, Form 6088, Distributable Benefits From Employee Pension Benefit Plans. Form 6088 is required if the plan is a DBP or if the plan is an underfunded DCP that benefits noncollectively bargained employees or more than 2% of the employees who are covered under a CBA are professional employees.

If you wish to stop benefit accruals or stop making contributions to your plan and your plan trust will continue, the plan will not be considered terminated. If you want to receive a determination letter, you must use Form 5303.

Specific Plans—Additional Requirements

Governmental or Nonelecting Church Plan

For a governmental or nonelecting church plan, file Form 5303 but skip lines 8 and 10a. A nonelecting church plan is a plan for which an election under section 410(d) has not been made.

Schedule Q should not be filed by a governmental plan. Electing church plans must complete all of the form including lines 8 and 10a.

ESOP

For ESOPS, attach Form 5309, Application for Determinations of Employee Stock Ownership Plan.

Where To File

Internal Revenue Service,

P.O. Box 192,

Covington, KY 41012–0192.

Requests shipped by Express Mail or a delivery service should be sent to:

Internal Revenue Service,

201 West Rivercenter Blvd.,

Attn: Extracting Stop 312,

Covington, KY 41011.

Private Delivery Services.   Applicants can use certain private delivery services designated by the the IRS, the IRS publishes a list of the designated private delivery services in September of each year. The list published in September 1997, includes only the following:
  • Airborne Express (Airborne): Overnight Air Express Service, Next Afternoon Service, Secound Day Service.
  • DHL Worldwide Express (DHL): DHL “Same Day” Service, DHL USA Overnight.
  • Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2 Day.
  • United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M.

  The private delivery service can tell you how to get written proof of the mailing date.

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