Instructions for Form 5300

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Department of the Treasury

Internal Revenue Service

(Rev. June 2023)

Application for Determination for Employee Benefit Plan

Future Developments

For the latest information about

developments related to Form 5300 and

its instructions, such as legislation

enacted after they were published, go to

IRS.gov/Form5300.

What's New

The form and instructions have been

updated to include individually designed

403(b) plans.

Note. Rev. Proc. 2023-4 contains the

guidance under which the

Determination Letter (DL) program is

administered. The revenue procedure is

updated annually and can be found in

the Internal Revenue Bulletin (I.R.B.).

The application should be filed under

Rev. Proc. 2022-40, 2022-47 I.R.B. 487

(with respect to individually designed

plans), available at IRS.gov/irb/

2022-47_IRB#RP=2022-40 or Part III of

Rev. Proc. 2016–37, 2016–29, I.R.B.

136 (with respect to pre-approved

plans), available at IRS.gov/irb/

2016-29_IRB#RP-2016-37.

Review these documents before

completing the application.

Reminders

Disclosure request by taxpayer. A

taxpayer can authorize the IRS to

disclose and discuss the taxpayer's

return and/or return information with any

person(s) the taxpayer designates in a

written request. Use Form 2848, Power

of Attorney and Declaration of

Representative, or Form 8821, Tax

Information Authorization, for this

purpose. See Pub. 947, Practice Before

the IRS and Power of Attorney, for more

information.

Public inspection. Form 5300 is open

to public inspection if there are more

than 25 plan participants. The total

number of participants must be shown

on line 3e. See the instructions for

line 3e for a definition of “participant.”

General Instructions

Purpose of Form

File Form 5300 to request a DL from the

IRS for the qualification of a defined

benefit (DB) or a defined contribution

May 31, 2023

(DC) plan and the exempt status of any

related trust, and a determination that a

403(b) plan meets the requirements of

section 403(b).

Type of Plan

A DC plan is a plan that provides an

individual account for each participant

and for benefits based only on:

1. The amount contributed to the

participant's account; and

2. Any income, expenses, gains,

and losses, and any forfeiture of

accounts of other participants that may

be allocated to the participant's account.

A 403(b) plan is a type of DC plan.

A DB plan is any plan that isn’t a DC

plan.

Note. A DB plan can’t be amended to

become a DC plan. If a sponsor of a DB

plan attempts to amend the plan to

become a DC plan, or if the merger of a

DB plan with a DC plan results solely in

a DC plan, the DB plan is considered

terminated.

Terminating plan. If the plan is a

terminating plan, file Form 5310,

Application for Determination for

Terminating Plan. If benefit accruals or

contributions have ceased, the plan and

trust won’t be considered terminated

until formal action has been taken to

terminate the plan.

Who May File

This form may be filed by the following.

• Individually designed plans. This

form may be filed by the employer,

(including a sole proprietor, partnership,

or corporation) or plan administrator to

request a DL for an individually

designed plan that:

1. Has never received a DL,

regardless of when the plan was

adopted; or

2. Has previously received a DL and

is specifically authorized to apply for a

new DL under current IRS guidance.

• Pre-Approved Plan. An application

for a DL for a Pre-Approved Plan may

be filed on Form 5300 by an employer

or plan administrator, if otherwise

permissible under Rev. Proc. 2022-40,

Cat. No. 10932P

during the period announced in IRS

guidance.

If this is a Nonstandardized

Pre-Approved Plan that has made

limited modifications to an approved

Pre-Approved Plan (that doesn’t convert

the plan into an individually designed

plan), file Form 5307, Application for

Determination for Adopters of Modified

Nonstandardized Pre-Approved Plans,

instead of Form 5300. The plan will be

reviewed on the basis of the Cumulative

List that was considered in issuing the

opinion letter for the Pre-Approved Plan.

See also Rev. Proc. 2023-4, section 12.

Note. If no changes have been made

by an adopting employer other than to

select among options in the adoption

agreement or make other permitted

changes as specified in section 7.03 of

Rev. Proc. 2017-41, 2017-29 I.R.B. 92,

available at IRS.gov/irb/

2017-41_IRB#RP–2017-41, the

adopting employer must rely on the

opinion letter for the Pre-Approved Plan.

Where To File

As of July 1, 2022, Form 5300

applications must be submitted

electronically through Pay.gov.

To submit Form 5300; you must:

• Register for an account on Pay.gov,

• Enter “5300” in the search box, select

Form 5300, and

• Complete the form.

Pay.gov can accommodate only one

uploaded file. Consolidate your

attachments into a single PDF file,

which cannot exceed 15MB. If your PDF

file exceeds the 15MB limit, remove any

items over the limit and contact IRS

Customer Accounts Services at

877-829-5500 for assistance on how to

submit the removed items.

How To Complete the

Application

The application must be completed and

signed by the employer, plan

administrator, or authorized

representative.

• N/A (not applicable) is accepted as a

response only if an N/A block is

provided.

• If a number is requested, a number

must be entered.

• If an item provides a choice of boxes

to mark, mark only one box unless

instructed otherwise.

• If an item provides a box to mark,

written responses aren’t permitted.

• The application has formatted fields

that will limit the number of characters

entered per field.

• Enter a space between each word.

Spaces count as characters.

• All date fields are entered as an

eight-digit field (MM/DD/YYYY).

• Any required attachment should refer

to the form and the line item.

• The IRS may require additional

information.

What To File

If this is only a request for a partial

termination, select the partial

termination option on line 5 and answer

“No” to the remaining form questions.

All applications (including

applications for Pre-Approved Plans,

unless otherwise noted) must contain an

original signature and be accompanied

by the following.

1. A completed Form 5300,

including the procedural requirements

checklist. A Form 8717, User Fee for

Employee Plan Determination Letter

Request, is not needed for cases

submitted through Pay.gov, as the user

fee is paid with the form submission.

2. A copy of the current plan

document and prior plan document(s), if

the plan has been restated.

3. Copies of all signed and dated

plan amendments. If the plan was

amended, include a copy of the last

favorable DL and any amendments

since the last favorable DL. The plan

should be updated based on the

Required Amendments List that was

issued during the second calendar year

preceding the submission of the DL

application (and prior Required

Amendments List).

4. A copy of any Voluntary

Correction Program compliance

statement or Audit Closing Agreement

Program closing agreement regarding

the plan.

5. For an adopting employer of a

Pre-Approved Plan, attach a statement

explaining why the Form 5300 is being

filed, and include a copy of the opinion

letter for the plan. The plan will be

reviewed on the basis of the Cumulative

List that was considered in issuing the

opinion letter for the Pre-Approved Plan.

See section 20 of Rev. Proc. 2016-37.

6. For an employee stock ownership

plan (ESOP), attach:

a. Form 5309, Application for

Determination of Employee Stock

Ownership Plan;

b. A statement indicating whether

the employer is a C corporation or an S

corporation; and

c. An explanation if the employer’s

corporate status changed after the

ESOP was originally adopted.

Note. See the Procedural

Requirements Checklist to ensure that

the application package is complete

before submitting it. Incomplete

applications may be closed if required

items aren’t included in the submission.

If the application package is closed as

incomplete, the application won’t be

returned and any user fee paid with the

application won’t be refunded. (See

Rev. Proc. 2023-4 (updated annually).)

Specific Instructions

Line 1. Enter the name, address, and

telephone and fax numbers of the plan

sponsor/employer.

A plan sponsor means:

1. In the case of a plan that covers

the employees of one employer, the

employer;

2. In the case of a plan sponsored

by two or more entities required to be

combined under section 414(b), (c), or

(m), one of the members participating in

the plan; or

3. In the case of a plan that covers

the employees and/or partner(s) of a

partnership, the partnership.

Note. The name of the plan sponsor/

employer should be the same name that

is used when the Form 5500, Annual

Return/Report of Employee Benefit

Plan, series annual return/report is filed

for the plan. Line 1a is limited to 70

characters. The type of employer that

can sponsor a 403(b) plan is defined in

Regulations section 1.403(b)-2(b)(8).

Line 1f. Enter the nine-digit employer

identification number (EIN) assigned to

the plan sponsor/employer or the

organization sponsoring the 403(b)

plan. For a 401(a) plan, this should be

the same EIN that is used when the

Form 5500 series annual return/report is

filed for the plan.

The plan of a group of entities

combined under section 414(b), (c), or

(m), whose sponsor is more than one of

the combined entities, should only enter

-2-

the EIN of one of the sponsoring

members.

This EIN must be used in all

subsequent filings of DL requests for the

plan, and annual returns/reports for the

plan, unless there is a change of

sponsor.

Do not use a social security

number or the EIN of the trust.

CAUTION

The plan sponsor/employer must

have an EIN. A plan sponsor/employer

without an EIN can apply for one in one

of the following ways.

• Online—Generally, a plan sponsor/

employer can receive an EIN by Internet

and use it immediately to file a return.

Go to the IRS website at IRS.gov/EIN

and click on Employer ID Numbers.

• By mail or fax—Send in a completed

Form SS-4, Application for Employer

Identification Number, to apply for an

EIN.

Lines 1g and 1h. Enter the telephone

and fax numbers of the plan sponsor.

Line 1i. Enter the two digits

representing the month the plan

sponsor/employer's tax year ends.

Lines 1j through 1m. If a foreign

entity, follow the country's practice for

entering the name of the city or town,

the province/country, and the postal

code.

Line 2. If Form 2848 or Form 8821 is

attached, check the box only. If not

attached, enter a contact person. The

contact person listed on line 2 will

receive copies of all correspondence.

Lines 2h through 2k. If a foreign

contact, follow the country's practice for

entering the name of the city or town,

the province/country, and the postal

code.

Line 3a. This field is limited to 70

characters, including spaces. Fill in the

plan name as it should appear on the

DL. If the plan name contains more than

70 characters, abbreviations should be

used.

Line 3b. Enter the three-digit plan

number, beginning with "001" and

continuing in numerical order for each

plan you adopt (001–499). The

numbering will differentiate your plans.

The number assigned to a plan must not

be changed or used for any other plan.

This should be the same number that is

used on the Form 5500 series annual

return/report for the plan.

Line 3c. Plan month means the month

in which the plan year ends. Enter the

two-digit month (MM).

Instructions for Form 5300 (Rev. 6-2023)

Line 3d. Enter the plan's original

effective date.

Line 3e. Enter the total number of

participants. A participant is:

1. Any employee participating in the

plan, including employees under a

section 401(k) qualified cash or deferred

arrangement who are eligible but don’t

make elective deferrals;

2. Retirees and other former

employees who have a nonforfeitable

right to benefits under the plan; and

3. The beneficiary of a deceased

employee who is receiving or will in the

future receive benefits under the plan.

Include one beneficiary for each

deceased employee regardless of the

number of individuals receiving benefits.

Example. Payment of a deceased

employee's benefit to three children is

considered a payment to one

beneficiary.

Lines 3f and 3g. See Notice 2017-1,

2017-2 I.R.B. 367, (or later guidance)

for further details, including how to

determine compensation.

Line 4a. Enter the number that

corresponds to the request being made

(enter one number only).

Enter 1 if the plan is a new plan

that's being submitted within its initial

remedial amendment period described

under Regulations section 1.401(b)-1(d)

(1) or as extended in other guidance.

See Rev. Proc. 2022-40 and Rev. Proc.

2019-39.

Enter 2 if this plan is an existing plan

that has never received a favorable DL.

Enter 3 if neither 1 nor 2 applies and

the plan is specifically authorized to

apply for a DL under applicable IRS

guidance. Include an attachment that

cites the applicable IRS guidance and

explain how the plan meets the criteria

for a DL submission.

Partial termination request. Enter 3 if

requesting a determination with respect

to a partial termination. Employers and

plan administrators that request a

determination on a potential partial

termination may not request a DL on

their entire plan unless the plan is

otherwise eligible for a DL. Indicate in

the cover letter if a partial termination

may have occurred or might occur as a

result of proposed actions. If the

submission is only for a partial

termination request, only complete lines

1–5 and submit the Form 8717 with the

user fee. DO NOT submit the other

items under What To File, earlier.

Instructions for Form 5300 (Rev. 6-2023)

Partial Termination Worksheet

Year

Year of partial termination

Year

Participants employed:

a Number at beginning of plan year

b Number added during the plan year

c Total, add lines a and b

d Number dropped during the plan year

e Number at end of plan year, subtract d

from c

f Total number of participants in this plan

separated from service without full

vesting

Present value (as of month

during the year of

day)

a Plan assets

b Accrued benefits

c Vested benefits

Submit a description of the actions that may have resulted (or might result) in a partial

termination. Include an explanation of how the plan meets the requirements of section 411(d)

(3).

Provide detailed information

regarding the partial termination,

including data specified on the Partial

Termination Worksheet in these

instructions.

1. Using the format in the Partial

Termination Worksheet, submit a

schedule of information for the plan year

in which the partial (or potential partial)

termination began along with the

following plan year, and for the 2 prior

plan years, to the extent information is

available.

2. If the plan has more than one

benefit computation formula, provide a

schedule of information in the same

format as lines 1a through 1f of the

worksheet for each benefit computation

formula.

3. Include an explanation of how the

plan meets the requirements of section

411(d)(3).

Special ruling requests. See Rev.

Proc. 2022-40 and Rev. Proc. 2023-4

(updated annually) for other types of

issues for which a Form 5300 may be

filed.

Line 4b. If line 4a is “1,” enter the date

the plan was originally adopted. If the

initial plan is a proposed plan document,

enter “09/09/9999.”

Line 5. A pension equity plan (PEP) is

a DB plan which, rather than or in

addition to expressing the accrued

benefit as a life annuity commencing at

normal retirement age, defines benefits

for each employee as an amount equal

to an accumulated percentage of final

-3-

pay. Benefits are generally described as

a percentage of final average pay, with

the percentage determined as the

accumulation of percentage points or

lump-sum credits received for each year

of service. Generally, the accumulated

percentage points or lump-sum credits

are multiplied by final average or career

average compensation to determine the

lump-sum amount.

A “cash balance” plan is a DB plan

which, rather than or in addition to

expressing the accrued benefit as a life

annuity commencing at normal

retirement age, defines benefits for

each employee in terms more common

to a DC plan, that is, as a single-sum

amount equal to the employee’s

hypothetical account balance. Benefits

consist of accumulated hypothetical

allocation credits in an account plus

accumulated hypothetical interest

credits for the account.

Note. If this is only a request for a

partial termination, answer “No” for all

questions after line 5.

Line 6. Attach a statement that

provides the following.

1. Name of plans involved.

2. Type of plan.

3. Date of merger, consolidation,

spinoff, or transfer of plan assets or

liabilities.

4. Verification that each plan

involved was qualified at the time of the

merger, consolidation, spinoff, or

transfer of plan assets or liabilities.

If the plan previously obtained a DL,

only provide information on a

transaction that occurred after the most

recent DL was issued.

Note. Verification includes (1) a copy of

a prior DL, opinion, or advisory letter; (2)

plan document and/or adoption

agreement; and (3) interim and

discretionary amendments.

Note. For qualified individually

designed plans, interim amendments

only apply if the adoption deadline is

before January 1, 2017. If applicable,

file Form 5310-A, Notice of Plan Merger

or Consolidation, Spinoff, or Transfer of

Plan Assets or Liabilities; Notice of

Qualified Separate Lines of Business,

30 days prior to the merger,

consolidation, or transfer of assets or

liabilities.

Line 7. Check “Yes” and attach an

explanation if the plan has any matter

pending before:

1. The IRS (including the Voluntary

Correction Program),

2. The Department of Labor,

3. The Pension Benefit Guaranty

Corporation (PBGC), or

4. Any court (including bankruptcy

court).

The attachment should include a

contact person's name and telephone

number and agency or court.

Line 8. Section 3001 of the Employee

Retirement Income Security Act

(ERISA) of 1974 requires that applicants

subject to section 410 provide evidence

that each employee who qualifies as an

interested party has been notified of the

filing of the application. If “Yes” is

marked, it means that each employee

has been notified as required by

Regulations section 1.7476-1. If this is a

one-person plan or if this plan isn’t

subject to section 410, a copy of the

notice isn’t required to be attached to

this application. If “No” is marked or this

line is blank, the application will be

returned. Rules defining “interested

parties” and the form of notification are

in Regulations section 1.7476-1. See

Part IIB of Rev. Proc. 2023-4 (updated

annually).

Line 9. Check “Yes”if the plan is a

governmental plan under section

414(d).

Line 10. Check “Yes” if the plan is a

church plan under section 414(e) that

hasn’t made a section 410(d) election.

Line 11. Check “Yes” if the plan

benefits any collectively bargained

employees under Regulations section

1.410(b)-6(d)(2).

Line 12. Check “Yes” if the plan is an

insurance contract plan under section

412(e)(3).

Line 13. Check “Yes” if the plan is a

multiemployer collectively bargained

plan under section 414(f).

Line 14. Check “Yes” if the plan is a

multiple employer plan under section

413(c).

Line 15. If “Yes,” attach a statement

identifying the plan sections that satisfy

the safe harbor (including, if applicable,

permitted disparity requirements) and

specify which of the following

regulations is intended to be satisfied.

• 1.401(a)(4)-2(b)(2) DC plan with

uniform allocation formula.

• 1.401(a)(4)-3(b)(3) unit credit DB

plan.

• 1.401(a)(4)-3(b)(4)(i)(C)(1) unit credit

DB fractional rule plan.

• 1.401(a)(4)-3(b)(4)(i)(C)(2) flat

benefit DB plan.

• 1.401(a)(4)-3(b)(5) insurance

contract plan.

Line 16. Check “Yes” if the plan utilizes

the permitted disparity rules of section

401(l).

Line 17. If “Yes,” attach a statement

providing the plan name, the EIN of the

plan sponsor/employer, the plan type of

the other plan, and a copy of pertinent

provisions from the other plan regarding

the offset.

Line 18. If this is a request for an

individually designed plan that consists

of a DB plan and a qualified cash or

deferred arrangement, submit two

Forms 5300 and two applicable user

fees and provide an attachment with the

plan sponsor/employer EIN and plan

number of the other plan.

Line 19. If the plan has been restated

to change the type of plan under

Regulations section 1.401-1, check

“Yes” and attach a statement explaining

the change.

Line 20. Check “Yes” if this plan is a

pooled employer plan under section

413(e).

Line 21. Check “Yes” if this plan is

requesting a ruling under 401(h).

Line 22. Check “Yes” if this plan is

requesting a ruling under section 420.

Line 23. Enter the number that

corresponds to the 403(b) eligible

employer defined in Regulations section

1.403(b)-2(b)(8).

-4-

Enter 1 if the eligible employer is a

tax-exempt organization under 501(c)

(3) including including but not limited to

a church defined under 3121(w)(3)(A),

or a qualified church-controlled

organization (QCCO) under section

3121(w)(3)(B).

Enter 2 if the eligible employer is a

state, as defined by Regulations section

1.403(b)-2(b)(20), a political subdivision

of a state, or any agency or

instrumentality of a state with respect to

an employee performing services in a

public school, as defined by

Regulations section 1.403(b)-2(b)(14).

Enter 3 if the eligible employer is the

employer of a minister described in

section 414(e)(5)(A), but only with

respect to the minister or a

self-employed minister described in

section 414(e)(5)(A).

Line 24. Check “Yes”if the eligible

employer is a section 501(c)(3)

organization that satisfies the

requirements of section 3121(w)(3)(B).

Line 25. Check “Yes” if the

church-controlled organization is a

non-QCCO as defined in section 414(c)

(2)(B).

Note. A “Yes” answer means the plan

is maintained by a church controlled

tax-exempt organization under 501(c)

(3) that is not a QCCO.

Line 26. Check “Yes” if the plan is a

church plan under section 414(e) that

hasn’t made a section 410(d) election.

Line 27. Check “Yes” if this plan allows

for employee after-tax contributions.

Line 28. Check “Yes” if this plan allows

for elective deferrals.

Line 29. Check “Yes” if this plan offers

matching contributions.

Line 30. Check “Yes” if this plan allows

for non-elective employer contributions

other than matching contributions.

Line 31. Check “Yes” if this plan

sponsor has less than 1,000

employees.

Line 32. Check “Yes” if this plan is