Form 5308 Form 5308 Request for Change in Plan/Trust Year

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I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 5308, PAGE 1 of 2
MARGINS: TOP 13mm (1⁄2 "), CENTER SIDES.
PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 203mm (8")
279mm (11")
PERFORATE: (NONE)
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Date

Form

5308

(Rev. August 2004)

Action

Date

Signature

O.K. to print
Revised proofs
requested

Request for Change in Plan/Trust Year

OMB No. 1545-0201

(Under Section 412(c)(5) of the Internal Revenue Code)

File in
Duplicate

Department of the Treasury
Internal Revenue Service

Please type or print

Before you complete this form, read the instructions on page 2 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)

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

䊳

Change in trust year

䊳

City or town, state and ZIP code

1
2

Enter amount of user fee submitted
Name of plan and/or trust

䊳

$
3 Plan number (Enter each
digit in a separate block.)

䊳

4

Present plan and/or trust year ends

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

6
8

The above change will require a return for a short period
7 Area code and telephone number
(
)
,
, ending
,
beginning
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. (See Rev. Rul. 2002-73, 2002-45 I.R.B. 805)

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.
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 taxable year immediately preceding the
short period.

b
c

No plan year is longer than 12 months.
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.

e

The trust, if any, has no unrelated business taxable income
under section 511 of the Code 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

䊳
䊳

䊳

Print Name

Signature

Title

Date

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:

䊳

䊳

Employee Plans Technical Manager

Date

Not timely filed
Other

Employee Plans Technical Manager

Person to contact 䊳

Person to contact 䊳

Phone 䊳

Phone 䊳

Symbols 䊳

Symbols 䊳

For Paperwork Reduction Act Notice, see back of form.

Cat. No. 11834U

Date

Form

5308

(Rev. 8-2004)

3
I.R.S. SPECIFICATIONS
TO BE REMOVED BEFORE PRINTING
INSTRUCTIONS TO PRINTERS
FORM 5308, PAGE 2 OF 2
MARGINS; TOP 13mm (1/2"), CENTER SIDES. PRINTS: HEAD TO HEAD
PAPER: WHITE WRITING, SUB. 20.
INK: BLACK
FLAT SIZE: 216mm (8-1/2") x 279mm (11")
PERFORATE: None
DO NOT PRINT — DO NOT PRINT — DO NOT PRINT — DO NOT PRINT

Form 5308 (Rev. 8-2004)

Page

Instructions

Address

Section references are to the Internal Revenue Code unless
otherwise noted.

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.

Purpose of Form
Use this form instead of Form 1128 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. 2000-40,
2000-42 I.R.B. 357 (automatic approval for certain changes
in funding method) and Rev. Proc. 2000-41, 2000-42 I.R.B.
371.

Who Must File
Except as described below, any employee retirement plan to
which the minimum funding standards of section 412 apply
(e.g. a defined benefit plan, money purchase pension plan, or
target benefit plan) must file Form 5308 to request approval
to change its plan year.
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(i).
● 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 9/2/74, provided for
employer contributions.
● Certain plans established and maintained by fraternal
benefit societies, orders, or associations (see section
412(h)(6)).
● Certain plans established and maintained by voluntary
employee’s beneficiary associations (see section 412(h)(6)).
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
taxable 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, 1987-1 C.B. 769.
See Rev. Proc. 87-27 for more information about changing
a plan/trust year.

2

When and Where To File
File this form in duplicate with the Internal Revenue Service,
Commissioner, TE/GE, Attention: SE:T:EP:RA, P.O. Box
27063, McPherson Station, Washington, DC 20038, on or
before the last day of the end of the short period required to
make the change.
On each attachment to Form 5308, write “Form 5308” and
show the plan or trust’s name, identifying number, address,
and date of filing.

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. 2004-8,
2004-1 I.R.B. 240 or the current superseding revenue
procedure.

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.

Paperwork Reduction Act Notice
We ask for the information on this form to carry out the
Internal Revenue laws of the United States. You are required
to give us the information. We need it to determine if you
may change your plan or trust year.
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.
The time needed to complete and file this form will vary
depending on individual circumstances. The estimated
average time is 41 minutes.
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 write to the
Internal Revenue Service, Tax Products Coordinating
Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave.,
NW, Washington, DC 20224. Do not send the form to this
address. Instead, see When and Where To File above.

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