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The Internal Revenue Service Form 5305-A is a model custodial account agreement that establishes a Traditional Individual Retirement Custodial Account under section 408(a) of the Internal Revenue Code. The form requires distributions to begin no later than April 1 following the calendar year in which the depositor reaches age 70 1/2.
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The Internal Revenue Service Form 5305-A is a model custodial account agreement that establishes a Traditional Individual Retirement Custodial Account under section 408(a) of the Internal Revenue Code. The form requires distributions to begin no later than April 1 following the calendar year in which the depositor reaches age 70 1/2.
Plain English
This agreement sets up a specific type of retirement account, called a Traditional IRA custodial account. It determines how the funds must be managed and distributed after the depositor's lifetime to ensure money is available for their needs or the beneficiary’s needs. The person setting up the account (the depositor) and the financial institution holding the money (the custodian) must both sign this agreement.
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Glossary Terms
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The depositor’s entire interest in the custodial account must begin to be distributed no later than April 1 following the calendar year in which the depositor reaches age 70 1/2. If the designated beneficiary is not the surviving spouse, the remaining interest must be distributed by the end of the calendar year containing the fifth anniversary of the depositor’s death.
Checklist
Name of depositor
The full name of the person establishing the account · Form p.1
Required beginning date for distribution
April 1 following the calendar year in which the depositor reaches age 70 1/2 · Form p.1
Custodian requirements
The custodian must be a bank or savings and loan association, as defined in section 408(n), or any person who has the approval of the IRS to act as custodian. · Form p.2
Prohibited investments
No part of the custodial account funds may be invested in life insurance contracts, nor may the assets of the custodial account be commingled with other property except in a common trust fund or common investment fund. · Form p.1
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General Info
2 items
Full legal name and taxpayer identification number (SSN or EIN).
Current mailing address.
Details
2 items
Complete all applicable sections of this form according to the official IRS instructions.
Enter the relevant dollar amount if this form involves tax calculation.
Certification
1 items
Read and acknowledge any certifications required by this form.
Signatures
1 items
Sign and date. Unsigned forms cannot be processed.
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Fillable formOpen in Editor->The current edition of Form 5305-A is dated April 2017. The official source does not indicate any recent revisions or point to a page for the latest information.
Quick Facts
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Must I file this form with the IRS?
Do not file Form 5305-A with the IRS; instead, keep it with your records [Form p.2].
Can I invest in life insurance contracts using these funds?
No part of the custodial account funds may be invested in life insurance contracts [Form p.1].
If I have multiple Traditional IRAs, can I satisfy minimum distribution requirements from them?
The owner of two or more traditional IRAs may satisfy the minimum distribution requirements by taking from one IRA the amount required to satisfy another, according to section 408(a)(6) [Form p.2].
Is there a deadline for making contributions?
To make a regular contribution, the IRA must be established no later than the due date of the individual’s income tax return for the tax year (excluding extensions) [Form p.2].
Does the form need to be signed by more people?
The account is established after the form is fully executed by both the individual (depositor) and the custodian [Form p.2].
What if I am a nonworking spouse?
Form 5305-A may be used to establish the IRA custodial account for a nonworking spouse, but contributions must go to a separate IRA custodial account established by that person [Form p.2].
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This agreement sets up a specific type of retirement account, called a Traditional IRA custodial account. It determines how the funds must be managed and distributed after the depositor's lifetime to ensure money is available for their needs or the beneficiary’s needs. The person setting up the account (the depositor) and the financial institution holding the money (the custodian) must both sign this agreement.
The form must be fully executed by both the individual who establishes the custodial account (the depositor) and the authorized bank or savings and loan association acting as the custodian.
The form collects identifying information for the depositor, including name, date of birth, and address. It also requires the names, addresses, and principal place of business of the custodian, along with signatures from the depositor, custodian, and optionally a witness.
Distribution requirements require that funds begin to be distributed no later than April 1 following the calendar year in which the depositor reaches age 70 1/2. For general cases, remaining interest must be distributed by the end of the calendar year containing the fifth anniversary of the depositor’s death.
The form is not filed with the Internal Revenue Service; instead, it must be kept with the filer's records.
The process begins when the depositor establishes the account and the custodian provides the required disclosure statement. Both the depositor and the custodian must sign the form, providing their respective dates of signing. A witness signature is also collected if the law requires witnessing the signatures of either party.
The official source does not specify penalties for incorrect completion because Form 5305-A is a model agreement to be retained in records rather than an IRS filing document.
Do not file Form 5305-A with the IRS; instead, keep it with your records [Form p.2].
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