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Form 5306: Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA)
IRS Form 5306 is an Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA) that helps sponsors request a ruling on whether their plan meets IRS requirements. All applications must be accompanied by the appropriate 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 an Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA) that helps sponsors request a ruling on whether their plan meets IRS requirements. All applications must be accompanied by the appropriate user fee.
Risk Radar
Scan points- 1Failure to include the appropriate user fee will result in the application being returned unprocessed.
- 2Filing without an authorized officer's signature or power of attorney documentation.
- 3Omitting the appropriate user fee, which will prevent processing and cause return to the applicant.
- 4Failing to attach plan documents when completing Part II.
- 5Not providing specific article or section references and page numbers for required provisions in Part II.
Plain English
This form allows organizations to apply to the Internal Revenue Service (IRS) to confirm that a specific retirement savings plan or annuity meets current tax laws. By submitting this application, the organization seeks an official ruling that their fund structure is compliant with federal tax regulations for IRAs. This approval helps ensure that the funds are legally structured as qualified retirement accounts.
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, or annuity agreement meets the requirements of Internal Revenue Code sections 408(a), 408(c), 408(p), or 408A.
- Do not use it when filing general tax returns; this form is solely for requesting approval of retirement arrangements (IRAs).
- Check IRS Form 5306 instead when seeking an opinion letter regarding the structure and requirements of a prototype IRA.
Form selector
Use this form or another form?
Filing general corporate tax returns
This form is for organizational approval letters, not annual filing.
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Deadline or filing window
The official source does not state any specific deadlines for filing IRS Form 5306. Applicants should consult current IRS guidance regarding submission timing and required fees.
Checklist
What you need before filling it out
Type of IRA requested
Select one option (e.g., Prototype Roth IRA, Prototype dual-purpose IRA) · Part I Identifying Information
Sponsoring organization details
Name and address of the sponsoring entity · Part I Identifying Information
Required supporting documents
Form 5306 plus a copy of the trust, custodial account, or annuity contract and all other applicable documents · What to file section
Filing location for PDS
Internal Revenue Service Attn: EP Opinion Letters TE/GE Stop 31A Team 105 7940 Kentucky Drive Florence, KY 41042 · Where to file section
Required attachment for power of attorney
The actual power of attorney document · Signature section
Before you submit
- 1Ensure all applications are accompanied by the appropriate user fee.
- 2Complete Part I, identifying the specific type of IRA arrangement (e.g., Prototype Roth IRA).
- 3Provide the full name, address, and Employer Identification Number for the applicant organization.
- 4Identify the Name and address of the trustee or custodian.
- 5Select one box indicating the Type of submission (Not a mass submitter, Mass submitter, etc.).
- 6Include all necessary supporting documents: the trust, custodial account, or annuity contract.
- 7Attach a copy of the power of attorney if required.
- 8Have an authorized officer sign the application and include the power of attorney document.
How to file this form
- 1Gather Form 5306 along with all applicable documents: the trust, custodial account, or annuity contract.
- 2Complete Part I by identifying the type of IRA arrangement, providing organizational details, and listing the trustee/custodian information.
- 3Ensure the application is signed by an authorized officer or person under a power of attorney, and include that power of attorney document with the package.
- 4Include the appropriate user fee as required for all applications.
- 5Send Form 5306 to the Internal Revenue Service at the designated address (P.O. Box 12192 Covington, KY 41012-0192 or the PDS Florence, KY address).
- 6Keep a copy of the fully executed application and all submitted supporting documents for your records.
Known limitations
- 1The form must be used by sponsoring organizations, employers, or employee associations to request a ruling regarding their plan.
- 2The form is used to determine if an individual annuity meets requirements under section 408(b), 408(p), or 408A.
- 3The form may be used to determine if a trust or custodial account agreement meets requirements under section 408(a), 408(c), 408(p), or 408A.
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->The form is currently listed as Form 5306 (Rev. November 2019). For the latest information about developments related to this form, users must visit www.irs.gov/Form5306.
What changed or needs a fresh check
- Edition date — confirm the revision reads November 2019.
- Fee — confirm all applications are accompanied by the appropriate user fee found via Rev. Proc. 2019-4, 2019-1 I.R.B.; failure to include it will result in non-processing and return to the applicant.
- Mailing address — confirm whether you must use the P.O. Box (P.O. Box 12192 Covington, KY 41012-0192) or the specific PDS address for private delivery services (7940 Kentucky Drive Florence, KY 41042).
- Signature — ensure the application is signed by an officer authorized to sign or another person authorized under a power of attorney.
Quick Facts
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After you file
- 1Retain copies of Form 5306 and all supporting documents, including the trust, custodial account, or annuity contract, and any other applicable documentation submitted.
- 2If filing an amended application, keep records detailing the file folder number, letter serial number, and date from the most recent opinion letter received for that plan.
- 3Failure to provide required identification information may delay or prevent processing of the application. Providing false information may subject the filer to penalties.
- 4The IRS will process the request according to its internal review procedures; confirmation of acceptance is not specified in the official source.
Sources
- SRCInstructions p.1 — The purpose of Form 5306 is an Application for Approval of Prototype or Employer Sponsored Individual Retirement Arrangement (IRA) under sections 408(a), (b), (c), or (p) or section 408A of the Internal Revenue Code.
- SRCInstructions p.2 — Not stated in the official source — verify on the agency site
- SRCInstructions p.3 — Sponsoring organizations, employers, or employee associations use Form 5306 to request a ruling regarding whether an individual annuity meets requirements under section 408(b), 408(p), or 408A.
- SRCInstructions p.3 — File Form 5306 and a copy of the trust, custodial account, or annuity contract and all other applicable documents.
- SRCInstructions p.3 — The IRS address for filing is Attn: EP Opinion Letters TE/GE Stop 31A Team 105 P.O. Box 12192 Covington, KY 41012-0192.
- SRCInstructions p.3 — If using a Private delivery service (PDS), send Form 5306 to the address: Internal Revenue Service Attn:
- SRCInstructions p.3 — Failure to provide requested identification numbers may delay or prevent processing your application; providing any false information may subject you to penalties.
Common confusion points
If I am amending my plan, what do I need to enter on line 2c?
Enter the file folder number, letter serial number, and date from the latest opinion letter received for your plan.
What documents should I submit with Form 5306?
File Form 5306 along with a copy of the trust, custodial account, or annuity contract and all other applicable documents.
If my IRS application is subject to the Paperwork Reduction Act, do I still need to file it?
The form does not require an applicant to apply for approval; however, if you want a ruling from the IRS regarding your prototype or employee sponsored individual retirement arrangement, providing the information on this form is required.
Workflow map
Related forms and next steps
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After
Often used with
⚠ If something goes wrong
- Failure to provide required identification numbers, as mandated by Section 6109, may delay processing.
Questions about IRS Form 5306
What is IRS Form 5306 used for?
This form allows organizations to apply to the Internal Revenue Service (IRS) to confirm that a specific retirement savings plan or annuity meets current tax laws. By submitting this application, the organization seeks an official ruling that their fund structure is compliant with federal tax regulations for IRAs. This approval helps ensure that the funds are legally structured as qualified retirement accounts.
Who must file IRS Form 5306?
Sponsoring organizations, employers, or employee associations must file IRS Form 5306.
What information does IRS Form 5306 require?
The form collects identifying information in Part I, such as the applicant's name and employer identification number. Part II requires attaching plan documents and noting specific article or section references and page numbers where certain provisions (like allowable contributions) appear.
Where do I file IRS Form 5306?
The instructions advise checking www.irs.gov/PDS for the current list of designated services, as the form cannot be sent to the listed address block. Applicants must follow the specific filing location guidance provided by the IRS.
How do I complete IRS Form 5306?
The filer must complete Part I with identifying information about the arrangement and the sponsoring organization. For Part II, plan documents must be attached, referencing specific sections and page numbers where required provisions are found. Finally, an officer authorized to sign or a person acting under a power of attorney must sign the application.
What happens if IRS Form 5306 is filed incorrectly?
If an application is submitted without the proper user fee, it will not be processed and will be returned to the applicant.
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