(Rev. November 2019)

5308

Form

(Rev. November 2019)

Department of the Treasury

Internal Revenue Service

Request for Change in Plan/Trust Year

OMB No. 1545-0201

(Under section 412(d)(1) of the Internal Revenue Code)

▶ Go to www.irs.gov/Form5308 for the latest information.

File in

Duplicate

Please type or print

Before you complete this form, read the instructions to see if your request for a change in plan/trust year qualifies

for automatic approval.

Name of employer (or plan administrator if a multiple employer plan or a multiemployer plan)

Employer identification number

Number, street, and room or suite no. (if a P.O. box, see instructions)

Check one or both:

Change in plan year .

.

.

.

.

.

.

.

.

▶

Change in trust year .

.

.

.

.

.

.

.

.

▶

City or town, state, and ZIP code

1

2

Enter amount of user fee submitted ▶

$

Name of plan and/or trust

3 Plan number (enter each

digit in a separate block) ▶

4

Present plan and/or trust year ends

6

8

The above change will require a return for a short period

7 Telephone number

beginning

,

, ending

,

Date of latest IRS determination letter (or opinion/advisory letter if the plan is a Master or Prototype/Volume Submitter Plan)

9

If this change affects the way deductions are taken for the tax year, please explain.

10

If you do not meet all the requirements for automatic approval for change in plan/trust year listed below, indicate the requirements you

do not meet by checking the appropriate box(es). Explain on an attached statement why you cannot meet the requirement(s). If you

cannot comply with item a, your request for approval will not be granted.

5 Permission is requested to change to a plan and/or trust year ending

a

All actions necessary to implement the change of plan

year, including plan amendment and a resolution of the

Board of Directors, if applicable, have been taken on or

before the last day of the short period.

d

The trust, if any, retains its exempt status for the

short period required to effect the change as well as

for the tax year immediately preceding the short

period.

b

No plan year is longer than 12 months.

e

c

The requested change will not delay the time when the

plan would otherwise have been required to conform to

the requirements of any statute, regulation, or published

position of the IRS.

The trust, if any, has no unrelated business taxable income

under section 511 for the short period.

f

No change of plan year has been made for any of the 4

preceding plan years.

g

Defined benefit plan deductions are taken as described in

section 5 of Rev. Proc. 87-27, 1987-1 C.B. 769.

Under penalties of perjury, I declare that I have examined this application, including any accompanying schedules and statements, and, to the best of my

knowledge and belief, it is true, correct, and complete.

▲

▲ ▲

Sign

Here

Print name

Title

Date

Signature

Do not write in the space below—For IRS Use Only

Approval Action

Disapproval Action

Based solely on the information furnished in this application, the

requested change in the plan and/or trust year indicated above is

approved.

This application cannot be approved for the following reason:

Not timely filed

▲

▲

Employee Plans Technical Manager

Other

Date

Employee Plans Technical Manager

Person to contact ▶

Person to contact ▶

Phone ▶

Symbols ▶

Phone ▶

Symbols ▶

For Privacy Act and Paperwork Reduction Act Notice, see the instructions.

Cat. No. 11834U

Date

Form 5308 (Rev. 11-2019)

Page 2

Form 5308 (Rev. 11-2019)

Instructions

When and Where To File

Section references are to the Internal Revenue Code unless otherwise

noted.

File this form in duplicate at this address on or before the last day of the

end of the short period required to make the change.

Internal Revenue Service

Attn: EP Letter Rulings

TE/GE Stop 31A Team 105

P.O. Box 12192

Covington, KY 41012-0192

Private delivery services (PDSs). PDSs can’t deliver to the address

shown above. If you choose to use a PDS, send Form 5308 to this

address.

Internal Revenue Service

Attn: EP Letter Rulings

7940 Kentucky Drive

TE/GE Stop 31A Team 105

Florence, KY 41042

Go to www.irs.gov/PDS for the current list of designated services.

On each attachment to Form 5308, write “Form 5308” and show the

plan’s or trust’s name, identifying number, address, and date of filing.

Future Developments

For the latest information about developments related to Form 5308 and

its instructions, such as legislation enacted after they were published,

go to www.irs.gov/Form5308.

Purpose of Form

Use this form instead of Form 1128, Application To Adopt, Change, or

Retain a Tax Year, to request approval to change the plan/trust year of

certain employee retirement plans.

Change in funding methods. Do not file Form 5308 to change your

plan’s funding method. See Rev. Proc. 2017-56, 2017-44 I.R.B. 465

(automatic approval for certain changes in funding method for

single-employer plans that are subject to section 430); Rev. Proc.

2017-57, 2017-44 I.R.B. 474 (requests for approval of changes in funding

method); and Rev. Proc. 2000-40, 2000-42 I.R.B. 357 (automatic approval

for certain changes in funding method for multiemployer plans and CSEC

plans).

Who Must File

Except as described below, for any employee retirement plan to which the

minimum funding standards of section 412 apply (such as a defined

benefit plan, money purchase pension plan, or target benefit plan), in order

to change the plan year of the plan, the employer or plan administrator

must file Form 5308 to request approval for the change if automatic

approval for the change does not apply pursuant to Rev. Proc. 87-27.

Any employees’ trust forming a part of a qualified plan (whether or not

the trust is part of a plan subject to section 412) must file Form 5308 to

request approval to change its trust year.

Exceptions. The following plans do not have to file Form 5308 to

request approval to change their plan year.

• Profit-sharing plans.

• Stock bonus plans.

• Insurance contract plans described in section 412(e)(2).

• Governmental plans described in section 414(d).

• Church plans described in section 414(e) that have not made the

election under section 410(d).

• Plans that have not, at any time after September 2, 1974, provided for

employer contributions.

• Certain plans established and maintained by fraternal benefit societies,

orders, or associations (see section 412(e)(2)).

• Certain plans established and maintained by voluntary employee’s

beneficiary associations (see section 412(e)(2)).

Automatic approval. Instead of filing Form 5308, a plan or trust is

granted automatic approval to change its plan/trust year if all the

following requirements are met.

• All actions necessary to implement the change of plan year, including

plan amendment and a resolution of the Board of Directors (if

applicable), have been taken on or before the short period.

• No plan year is longer than 12 months.

• The change will not delay the time when the plan would otherwise

have been required to conform to the requirements of any statute,

regulation, or published position of the IRS.

• The trust, if any, retains its exempt status for the short period required

to effect the change as well as for the tax year immediately preceding

the short period.

• The trust, if any, has no unrelated business taxable income under

section 511 for the short period.

• No change of plan year has been made for any of the 4 preceding plan

years.

• Defined benefit plan deductions are taken as described in section 5 of

Rev. Proc. 87-27.

See Rev. Proc. 87-27 for more information about changing a plan/

trust year.

Address

Include the suite, room, or other unit number after the street address. If

the post office does not deliver mail to the street address and the plan

has a P.O. box, show the box number instead of the street address.

User Fee

All applications must be accompanied by the appropriate user fee.

Applications submitted without the proper user fee will not be

processed and will be returned to the applicant.

To determine the proper user fee, see Rev. Proc. 2019-4, 2019-1

I.R.B. 146, available at www.irs.gov/irb/2019-01_IRB#RP-2019-04, or

the latest annual update.

Information Requested

You must furnish all of the applicable information requested. Otherwise,

your request may not be approved.

Signature

An application for a single employer plan must be signed by the

employer. An application for a plan of more than one employer must be

signed by the plan administrator.

If someone else is filing Form 5308 on behalf of a taxpayer, a power of

attorney must be included specifically authorizing that person to

represent the taxpayer. Form 2848, Power of Attorney and Declaration

of Representative, may be used for this purpose.

Privacy Act and Paperwork Reduction Act Notice

We ask for information on this form to carry out the Internal Revenue laws

of the United States. We need it to ensure you are complying with these

laws, to determine whether you meet the requirements for changing the

plan/trust year, and to process your request. You are not required to

request a change in the plan/trust year; however, if you want to request

such a change, you are required to provide the information requested on

this form. Section 6109 requires you to provide the requested

identification numbers. Failure to provide this information timely and in

accordance with instructions, or providing false information, may delay or

prevent processing your request and may subject you to penalties.

You are not required to provide the information requested on a form

that is subject to the Paperwork Reduction Act unless the form displays a

valid OMB control number. Books or records relating to a form or its

instructions must be retained as long as their contents may become

material in the administration of any Internal Revenue law. Generally, tax

returns and return information are confidential, as required by section

6103. However, section 6103 sometimes permits or requires us to

disclose information. We may give the information to the Department of

Justice for civil and criminal litigation, to the Department of Labor for

administration of ERISA, and to other federal agencies as provided by

law. We may give it to cities, states, the District of Columbia, and U.S.

commonwealths or possessions to administer their tax laws. We may

give it to foreign governments under a tax treaty, and to federal and state

agencies to enforce federal nontax criminal laws and to combat terrorism.

The time needed to complete and file this form will vary depending on

individual circumstances. The estimated average time is 7 hr., 42 min.

If you have comments concerning the accuracy of this time estimate

or suggestions for making this form simpler, we would be happy to hear

from you. You can send us comments from www.irs.gov/

FormComments. Or you can write to the Internal Revenue Service, Tax

Forms and Publications Division, 1111 Constitution Ave. NW, IR-6526,

Washington, DC 20224. Do not send the form to this address. Instead,

see When and Where To File above.