Application for Determination of Employee Stock Ownership Plan

Forms and Documents

Document Name	Status
Form 5309 Application for Determination of Employee Stock Ownership Plan Form	Modified
Summary of Changes.pdf Justification for No Material/Nonsubstantive Change	2010-05-07

IC Document Collections

IC ID	Document Title	Status
17213	Application for Determination of Employee Stock Ownership Plan Form	Modified

ICR Details

OMB Control No: 1545-0284	ICR Reference No: 201005-1545-021
Status: Historical Active	Previous ICR Reference No: 200807-1545-034
Agency/Subagency: TREAS/IRS	Agency Tracking No:
Title: Application for Determination of Employee Stock Ownership Plan
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 06/17/2010
	Date Received in OIRA: 05/27/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2011	10/31/2011	10/31/2011
Responses	2,500	0	462
Time Burden (Hours)	26,975	0	5,300
Cost Burden (Dollars)	0	0	0

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Abstract: Form 5309 is used in conjunction with Form 5300 or Form 5303 when applying for a determination letter as to a deferred compensation plan's qualification status under section 409 or 4975(e)(7) of the Internal Revenue Code. The information is used to determine whether the plan qualifies.

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Authorizing Statute(s): US Code: 26 USC 4975(e)(7) Name of Law: Employee stock ownership plan.
   US Code: 26 USC 409 Name of Law: Qualifications for tax credit empoyee stock ownership plans.
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 22015	04/23/2008
30-day Notice:	Federal Register Citation:	Citation Date:
	73 FR 50667	08/27/2008
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Application for Determination of Employee Stock Ownership Plan	5309	Application of Determination of Employee Stock Ownership Plan

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,500	462	0	0	2,038	0
Annual Time Burden (Hours)	26,975	5,300	0	-1,700	23,375	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Using Information Technology

Short Statement: Form 5309 is used in conjunction with Form 5300 or Form 5303 when applying for a determination letter as to a deferred compensation plan's qualification status under section 409 or 4975(e)(7) of the Internal Revenue Code. All EP Determinations forms including Form 5309, are being standardized so they have the ability to go through the OCR process and captured into a virtual inventory system. This will have a positive effect to the users. These forms will now be fillable with specific guidelines for characters per line. This will assist in the completion of these forms. The result of these changes will result in a total burden decrease of 1,700 hours. Based on updated filing estimates we also increased the estimated number of responses by 2,038 and that resulted in a total burden increase of 23,375 hours.

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Annual Cost to Federal Government: $8,162

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 05/27/2010

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