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Official form guide
IRS Form 5307 is an application for a Determination Letter for employers who adopt a modified nonstandardized pre‑approved DC, DB, or 403(b) plan. The form must be completed and submitted through Pay.gov, and attached files cannot exceed 15 MB.
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IRS Form 5307 is an application for a Determination Letter for employers who adopt a modified nonstandardized pre‑approved DC, DB, or 403(b) plan. The form must be completed and submitted through Pay.gov, and attached files cannot exceed 15 MB.
Plain English
Form 5307 lets an employer ask the IRS to confirm that changes to its pre‑approved retirement plan still keep the plan qualified. You fill it out online, attach the plan documents, and send it to the IRS for a determination letter.
Submission Date
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Form selector
Plan modifications exceed limited changes or create an individually designed plan
Form 5307 is not permitted for individually designed plans; Form 5300 handles those cases.
✓ Confirm the plan does not qualify for limited modifications
Employer wants to authorize IRS to discuss return information with a third party
Disclosure requires a power of attorney or tax information authorization.
✓ Obtain signed Form 2848 from the taxpayer
Employer needs to authorize tax information disclosure without representation
Form 8821 provides tax information authorization without representation.
✓ Ensure the taxpayer signs Form 8821
Not stated in the official source.
Checklist
Line 3e – total number of participants
Count of plan participants · Plan participant roster
Plan’s latest favorable Determination Letter (DL)
Copy of DL letter · Employer’s records of prior DL
Most recent opinion letter issued to the pre‑approved plan
Opinion letter copy · Plan sponsor’s legal counsel files
Complete copy of the pre‑approved plan document (including adoption agreement)
Full plan document PDF · Plan adoption file
Written representation of deviations (signature optional)
Provider’s written statement under penalty of perjury · Provider’s prepared representation
Employer Identification Number (EIN) for the plan
EIN number · Form 5500 filings
Field map
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 instructions are Rev. 12‑2024 (December 2024) and direct filers to the latest information page at IRS.gov/Form5307; the form was updated to include 403(b) plans and to be filed via Pay.gov.
Quick Facts
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Can I use Form 5307 for a multiple employer plan?
The form is only for single‑employer plans; multiple employer plans require Form 5300.
→ Verify the plan involves more than one employer; if so, file Form 5300 instead.
Does a money‑purchase plan with retirement age 60 qualify for Form 5307?
Early normal retirement age (<62) for non‑governmental plans disqualifies Form 5307.
→ Check the plan’s normal retirement age; if under 62, use Form 5300.
Is a governmental defined benefit plan with a normal retirement age that fails safe‑harbor rules eligible for Form 5307?
Governmental plans not meeting safe‑harbor age requirements must use Form 5300.
→ Confirm the plan meets safe‑harbor age criteria; otherwise file Form 5300.
Can I file Form 5307 for a plan that only adds language to satisfy sections 415 and 416?
Adding only sections 415/416 language does not meet the limited‑modification condition for Form 5307.
→ Ensure the modification is limited and does not solely add sections 415/416; otherwise, Form 5307 is not allowed.
Is a partial termination of a nonstandardized plan covered by Form 5307?
Partial terminations are listed as a circumstance requiring Form 5300.
→ Verify whether the plan is undergoing partial termination; if yes, use Form 5300.
Do standardized plans that are not modified qualify for Form 5307?
Standardized plans that do not meet the limited‑modification criteria cannot use Form 5307.
→ Confirm the plan is a nonstandardized pre‑approved plan with limited changes; otherwise, Form 5307 is not permitted.
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Form 5307 lets an employer ask the IRS to confirm that changes to its pre‑approved retirement plan still keep the plan qualified. You fill it out online, attach the plan documents, and send it to the IRS for a determination letter.
Employers that have adopted a nonstandardized pre‑approved DC, DB, or 403(b) plan and made only limited modifications that do not create an individually designed plan must file Form 5307.
The form requires the plan’s EIN, the total number of participants (line 3e), and a written representation describing each deviation from the pre‑approved plan, plus supporting documents such as the latest determination letter and opinion letter.
The completed Form 5307 is submitted electronically through Pay.gov; you must register, search for “5307,” and upload a single PDF not larger than 15 MB.
First, create a Pay.gov account and search for “5307.” Then enter the required information, including the plan’s EIN and participant count, and attach a single consolidated PDF containing the latest determination letter, opinion letter, the full pre‑approved plan document, and the written representation. Ensure the PDF is 15 MB or less. Finally, sign the representation (signature optional) and submit the form.
If the filing does not meet the limited‑modification criteria, the IRS will require the request to be made on Form 5300 instead of Form 5307.
The form is only for single‑employer plans; multiple employer plans require Form 5300. Verify the plan involves more than one employer; if so, file Form 5300 instead.
Early normal retirement age (<62) for non‑governmental plans disqualifies Form 5307. Check the plan’s normal retirement age; if under 62, use Form 5300.
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