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Official form guide
Form 5306: Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA)
IRS Form 5306 is the Application for Approval of a Prototype or Employer‑Sponsored Individual Retirement Arrangement (IRA). Sponsoring organizations, employers, or employee associations use it to request a ruling on whether a trust, custodial agreement or annuity meets IRC sections 408(a), 408(b), 408(c), 408(p) or 408A. All submissions must include the required user fee.
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IRS Form 5306 - Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA)
IRS Form 5306 is the Application for Approval of a Prototype or Employer‑Sponsored Individual Retirement Arrangement (IRA). Sponsoring organizations, employers, or employee associations use it to request a ruling on whether a trust, custodial agreement or annuity meets IRC sections 408(a), 408(b), 408(c), 408(p) or 408A. All submissions must include the required user fee.
Risk Radar
Scan points- 1Submitting Form 5306 without the required user fee results in immediate rejection.
- 2Failing to include the required user fee with the application.
- 3Omitting the applicant’s employer identification number in Part I.
- 4Not checking the power‑of‑attorney box when a POA is attached.
- 5Leaving the IRA type blank or selecting the wrong prototype category.
Plain English
Form 5306 asks the IRS to decide if a new or employer‑sponsored IRA plan follows the tax code. The filing organization supplies details about the plan and its sponsor, attaches the plan documents, pays a fee, and signs the application.
Submission Date
- Filing date: 2019-11-13 22:10:34
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when a sponsoring organization, employer, or employee association requests a ruling on whether a trust, custodial account agreement, or individual annuity meets IRC sections 408(a), 408(b), 408(c), 408(p), or 408A.
- Do not use it when the sponsor uses a Form 5305 series model form, because such programs should not submit Form 5306.
- Check Form 5305 instead when the program already follows the IRS model forms that satisfy statutory requirements.
Form selector
Use this form or another form?
Program uses IRS model language from Form 5305 series
Satisfies statutory requirements without needing a ruling
✓ Verify the trust or contract follows the model language.
Employer seeks a ruling under section 408(c) for a trust used for IRAs
Required to obtain IRS opinion on trust compliance
✓ Ensure the trust is not already covered by a model form.
Bank, insurance company, or regulated investment company requests prototype IRA approval
Form 5306 is the correct filing for prototype or employer‑sponsored arrangements
✓ Confirm the filer is an eligible organization.
Deadline or filing window
Not stated in the official source.
Checklist
What you need before filling it out
Part I Identifying Information
Applicant name, address, EIN · Form line 3a‑3b
Approval requested for
Type of IRA (prototype traditional, Roth, etc.) · Form line 2
User fee
Fee payment receipt or check · Not stated on form; see Rev. Proc. 2019-4
Signature block
Officer signature, title, date · Form bottom section
Power of attorney attachment
POA document if checked · Form line 4d
Before you submit
- 1Enter the user fee amount in the designated field.
- 2Select the correct IRA type under "Approval requested for".
- 3Complete the applicant’s name, street address, city, state, ZIP, and EIN.
- 4Provide the contact person’s name, telephone, and email.
- 5Check the appropriate sponsoring organization type if applicable.
- 6Attach a copy of the trust, custodial account, or annuity contract (or endorsement).
- 7Attach a power of attorney if the POA box is checked.
- 8Sign the form as an authorized officer and include title and date.
- 9Verify the mailing address matches the IRS EP Opinion Letters address.
- 10Include any required supplemental statements referenced in the instructions.
How to file this form
- 1Complete all required fields on Form 5306, including Part I and the approval request.
- 2Attach the trust, custodial account, annuity contract, or endorsement as instructed.
- 3Include the appropriate user fee payment with the application.
- 4Sign the form as an authorized officer (or attach POA if used).
- 5Mail the package to the IRS EP Opinion Letters address or the designated PDS address.
- 6Retain a copy of the entire submission for your records.
- 7Confirm receipt by checking the IRS filing portal or awaiting acknowledgment.
Known limitations
- 1Filing is optional; you only need to submit Form 5306 if you want an IRS ruling on the arrangement. (Form p.3)
- 2When requesting an annuity opinion, if a separate endorsement contains all IRC requirements and supersedes the contract, submit only the endorsement, not the contract. (Form p.3)
- 3Private delivery services cannot be used to send the form to the primary IRS address; use the alternate address provided for PDS. (Form p.3)
Field map
Compact field-by-field guide
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->Form 5306 is the Rev. November 2019 edition (Rev. 11-2019). The form directs users to www.irs.gov/Form5306 for the latest information.
What changed or needs a fresh check
- Edition date — confirm the revision reads Rev. November 2019 (Rev. 11-2019).
- Fee — not stated in the official source; see Rev. Proc. 2019-4, 2019-1 I.R.B. for the appropriate user fee.
- Mailing address — confirm use of IRS Attn: EP Opinion Letters TE/GE Stop 31A Team 105 P.O. Box 12192 Covington, KY 41012-0192 (or the PDS address if using a private delivery service).
- Signature — verify an authorized officer (or power of attorney) signs the application.
Quick Facts
Downloads
After you file
- 1Retain a copy of the completed Form 5306 and all attached documents.
- 2Keep all related books or records for as long as they may become material to any Internal Revenue law. (Form p.3)
- 3Await the IRS opinion letter confirming the ruling on your arrangement.
- 4If the IRS notifies an error, file an amendment using Form 5306 marked as "Amendment" and provide the required letter serial number, date, and file folder number. (Form p.3)
- 5If you discover false information after filing, submit a corrected Form 5306 promptly to avoid penalties.
- 6If you used a private delivery service, verify the form was sent to the alternate PDS address listed on the form.
Sources
- SRCForm p.3 — filing is optional; you only need to submit if you want a ruling.
- SRCForm p.3 — for annuity opinion letters, submit only the endorsement when it supersedes the contract.
- SRCForm p.3 — private delivery services cannot deliver to the primary IRS address; use alternate address.
- SRCForm p.3 — retain books or records as long as they may become material to tax administration.
- SRCForm p.3 — file Form 5306 with a copy of the trust, custodial account, or annuity contract and all applicable documents.
- SRCForm p.3 — when amending a plan, enter file folder number, letter serial number, and date from latest opinion letter.
Common confusion points
Do I have to file Form 5306 if I just want confirmation my IRA meets the code?
The purpose section says filing is not required unless you want a ruling.
→ File only when you need an IRS opinion letter.
Can I send the form using UPS or FedEx?
The instructions state private delivery services cannot deliver to the main IRS address.
→ Use the alternate PDS address provided on the form.
Should I include the full annuity contract or just the endorsement?
The form directs to submit only the endorsement when it supersedes the contract.
→ Verify the endorsement contains all required IRC provisions and submit it alone.
What information must I provide when amending an existing plan?
The amendment section requires the latest letter serial number, date, and file folder number.
→ Locate the most recent opinion letter and enter those details.
Is my employer identification number (EIN) required on the form?
Part I of the form asks for the applicant’s EIN.
→ Enter your EIN in the designated field.
Do I need to attach a power of attorney if I check the box?
The form includes a checkbox for a power of attorney attachment.
→ Attach the POA document when the box is checked.
Workflow map
Related forms and next steps
Before
Current
After
Often used with
⚠ If something goes wrong
- Form 5306 – missing required information may delay or prevent processing of the application.
Questions about IRS Form 5306
What is IRS Form 5306 used for?
Form 5306 asks the IRS to decide if a new or employer‑sponsored IRA plan follows the tax code. The filing organization supplies details about the plan and its sponsor, attaches the plan documents, pays a fee, and signs the application.
Who must file IRS Form 5306?
Sponsoring organizations, employers, or employee associations that want a ruling on a prototype or employer‑sponsored IRA must file IRS Form 5306.
What information does IRS Form 5306 require?
The form collects identifying information about the applicant and sponsor in Part I and requires a copy of the plan with article/section references and page numbers in Part II, plus a signature and any power of attorney.
How do I complete IRS Form 5306?
Complete Part I by entering the applicant’s name, address, EIN, contact person, telephone, email, and the type of IRA requested. Indicate whether this is an initial application or amendment. Attach a power of attorney if used. In Part II, attach the plan documents and list the article or section reference and page number for each required provision. Include the appropriate user fee, sign as an authorized officer, and submit the package to the IRS.
What happens if IRS Form 5306 is filed incorrectly?
If the required user fee is missing, the IRS will not process the application and will return it to the applicant. An unsigned form or lack of a proper power of attorney also leads to rejection.
Do I have to file Form 5306 if I just want confirmation my IRA meets the code?
The purpose section says filing is not required unless you want a ruling. File only when you need an IRS opinion letter.
Can I send the form using UPS or FedEx?
The instructions state private delivery services cannot deliver to the main IRS address. Use the alternate PDS address provided on the form.
Should I include the full annuity contract or just the endorsement?
The form directs to submit only the endorsement when it supersedes the contract. Verify the endorsement contains all required IRC provisions and submit it alone.
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