Form 5310-- Application for Determination for Terminating Plan;

Instructions for Form 5310
(Rev. December 2013)

Department of the Treasury
Internal Revenue Service

Application for Determination for Terminating Plan
Section references are to the Internal Revenue
Code unless otherwise noted.

Future Developments

For the latest information about
developments related to Form 5310 and
its instructions, such as legislation
enacted after they were published, go to
www.irs.gov/form5310.

What's New

The form and the instructions have
undergone revisions in the format and
the information required. Some of the
revisions were made under
Announcement 2011-82, 2011-52 I.R.B.
1052 which eliminated demonstrations
regarding coverage and
nondiscrimination requirements.
Note. Rev. Proc. 2013-6, 2013-1 I.R.B.
198, available at www.irs.gov/irb/
2013-01_IRB/ar11.html as updated by
Ann. 2013-13, 2013-9 I.R.B. 532,
available at www.irs.gov/irb/
2013-09_IRB/ar11.html and Ann.
2013-15, 2013-11 I.R.B. 652, available
at www.irs.gov/irb/2013-11_IRB/
ar19.html contains the guidance under
which the determination letter (DL)
program is administered. The Rev.
Proc. is updated annually and can be
found in the Internal Revenue Bulletin
(I.R.B.). The application should be filed
under Rev. Proc. 2007-44, 2007-28
I.R.B. 54 available at www.irs.gov/irb/
2007-28_IRB/ar12.html (as revised by
Ann. 2011-82), and Rev. Proc. 2013-6,
as updated.
Review these documents before
completing the application.

Disclosure Request by
Taxpayers

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.

Dec 20, 2013

Public Inspection

Form 5310 is open to public inspection if
there are more than 25 plan
participants. The total number of
participants must be shown on line 4e.
See the instructions for line 4e for a
definition of participant.

General Instructions
Purpose of Form

File Form 5310 to request a DL as to the
qualified status (under section 401(a) or
section 403(a)) of a pension,
profit-sharing, or other deferred
compensation plan upon plan
termination.

Type of Plan

A defined contribution (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 forfeitures of accounts
of other participants that may be
allocated to the participant's account.
A defined benefit (DB) plan is any
plan that is not a DC plan.

Who May File

This form may be filed by any of the
following:
Any plan sponsor or administrator of
any pension, profit-sharing, or other
deferred compensation plan (other than
a multi-employer plan covered under
Pension Benefit Guaranty Corporation
insurance) may file this form to ask the
IRS to make a determination on the
plan's qualification status at the time of
the plan's termination.
Use Form 5300, Application for
Determination for Employee Benefit
Plan, instead of Form 5310 if the plan
sponsor or administrator is filing for a
determination but will continue to
maintain the trust after termination.

Who May Not File

This form may not be filed for:
A multi-employer plan covered by
PBGC insurance.
Cat. No. 49984R

A request on a determination on the
plan's qualification status for a partial
termination.
A member of an affiliated service
group (ASG). A plan sponsor who is not
certain if they are a member of an ASG
should not file Form 5310.
Note. In the above cases, use Form
5300 instead of Form 5310.
An application that is not filed in
connection with the plan termination.
Note. An application is deemed to be
filed in connection with plan termination
if it is filed no later than the later of 1
year from the effective date of
termination or 1 year from the date on
which the action terminating the plan is
adopted. The application cannot be filed
later than 12 months from the date of
distribution of substantially all plan
assets in connection with the
termination of the plan.

Where To File

File Form 5310 at the address indicated
below:
Internal Revenue Service
P.O. Box 12192
Covington, KY 41012-0192
Requests shipped by express mail or
a delivery service should be sent to:
Internal Revenue Service
201 West Rivercenter Blvd.
Attn: Extracting Stop 312
Covington, KY 41011

Private Delivery Services. You can
use certain private delivery services
designated by the IRS to meet the
“timely mailing as timely filing/paying”
rule for tax returns and payments.
These private delivery services include
only the following:
DHL Express (DHL): DHL Same Day
Service.
Federal Express (FedEx): FedEx
Priority Overnight, FedEx Standard
Overnight, FedEx 2Day, FedEx
International Priority, and FedEx
International First.
United Parcel Service (UPS): UPS
Next Day Air, UPS Next Day Air Saver,
UPS 2nd Day Air, UPS 2nd Day Air

A.M., UPS Worldwide Express Plus,
and UPS Worldwide Express.
For the IRS mailing address to use if
you are using a private delivery service,
go to IRS.gov and enter “private delivery
service” in the search box.
The private delivery service can tell
you how to get written proof of the
mailing date.

How To Complete the
Application

The application must be completed and
signed by the employer, plan
administrator, or authorized
representative.
Note. Stamped signatures are not
acceptable.
Incomplete applications may be
returned to the applicant. It is important
that an appropriate response be entered
for each line item unless instructed
otherwise. When completing the
application, pay careful attention to the
following:
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 are not acceptable.
The IRS may require additional
information.
The application has formatted fields
that will limit the number of characters
entered per field.
All data should be entered in Courier
10 point font to expedite processing.
Alpha characters should be entered
in all capital letters.
Enter spaces between any words.
Spaces do count as characters.
All date fields are entered as an eight
digit field (MM/DD/YYYY).
Any attachment should refer to the
form and line item.
Note. Rev. Proc. 2013-6 publishes the
guidance under which the DL program
is administered. It is updated annually
and can be found in the I.R.B.

What To File

All applications must contain an original
signature and be accompanied by the
following:
1. A completed Form 5310.
2. A Form 8717, User Fee for
Employee Plan Determination Letter

Request, and if applicable a check for
the appropriate user fee. Submit a
separate check for each application.
Make checks payable to the “United
States Treasury.”
Note. Payments for sanction fees,
compliance fees, etc. should be
submitted on separate checks.
3. A copy of the plan's last DL, if
applicable.
4. A copy of the opinion or advisory
letter for the pre-approved plan, and/or
adoption agreement and all required
attachments and statements.
5. A copy of all amendments made
since the last cumulative list listed on
the last DL or plan document, if
applicable.
6. A copy of any compliance
statement(s) or closing agreement(s)
regarding this plan made after the last
DL.
7. A statement explaining how the
amendments affect or change this plan
or any other plan maintained by the
employer.
8. Copies of all records of actions
taken to terminate the plan.
9. Form 6088, Distributable Benefits
from Employee Pension Benefit Plans,
for all DB plans or underfunded DC
plans.
Note. A multiple-employer plan must
submit a Form 6088 for each employer
who has adopted the plan.
Note. A terminating plan generally
does not have to be restated. However,
the Service has the discretion to request
copies of any amendments during its
review of a terminating plan. A plan that
terminates after the effective date of a
change in law, but prior to the date that
amendments are otherwise required,
must be amended to comply with the
applicable provisions of law from the
date on which such provisions become
effective with respect to the plan. The
plan must be amended in connection
with the plan termination to comply with
those provisions of law that become
effective with respect to the plan or
before the date of plan termination,
including any amendments made after
the date of termination that were
required in order to obtain a favorable
DL. See also instructions to line 3f.
Note. Do not use staples (except to
attach the check to Form 8717), paper
clips, binders, or sticky notes. Do not
punch holes in the documents.

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See Procedural Requirements
Checklist of this form to ensure that your
package is complete before submitting
it.

Specific Instructions
Line 1. Enter the name, address, and
telephone number of the plan sponsor/
employer.
A plan sponsor means:
In the case of a plan that covers the
employees of one employer, the
employer;
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
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 series
annual return/report is filed for this plan.
Line 1a is limited to 70 characters.
Line 1f. Enter the 9-digit employer
identification number (EIN) assigned to
the plan sponsor/employer. This should
be the same EIN that is used when the
Form 5500 series annual return/report is
filed for this plan. For a multiple
employer plan, the EIN should be the
same EIN that is used by the
participating employer when Form 5500
is filed by the employer.

!

Do not use a social security
number or the EIN of the trust.

CAUTION

Line 1i. Enter the two digits
representing the month the 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,
province/country, and the postal code.
Line 2. The contact person will receive
copies of all correspondence as
authorized in a Form 2848 or Form
8821. Either complete the contact's
information on this line, or mark the box
and attach a completed Form 2848 or
Form 8821.
Lines 2h through 2k. If a foreign
contact, follow the country's practice for
entering the name of the city or town,
province/country, and the postal code.
Line 3b. A VS plan may, but is not
required to contain a provision that
authorizes the VS practitioner to amend

the plan on behalf of employers who
have previously adopted the plan. For
purposes of reliance on the advisory
letter, the practitioner will no longer
have the authority to amend the plan on
behalf of the employer as of the date of
the adoption of an employer
amendment to the plan to incorporate a
type of plan not allowable in the VS
program or as of the date the Service
notifies the practitioner that the plan is
an individually designed plan. See
section 15.03 of Rev. Proc. 2011-49,
2011-44 I.R.B. 608 available at
www.irs.gov/irb/2011-44_IRB/ar08.html.
Line 3c. An individually designed plan
is eligible for the 6-year remedial
amendment cycle (RAC) if the employer
that sponsors the plan and the sponsor
of a preapproved M&P or VS plan
document jointly executed Form 8905,
Certification of Intent To Adopt a
Pre-approved Plan, before the end of
the plan’s 5-year RAC. An individually
designed plan is also eligible for the
6-year cycle under certain other
circumstances set forth in section 17 of
Rev. Proc. 2007-44.
Line 3f. Use the table in this line to list
all the amendments to the plan that
have been adopted during the RAC of
the plan in which the application is
submitted (the “current cycle”), other
than amendments described in the
following paragraph.
Do not list:
any amendment that was adopted
during the current cycle as a condition
of a DL for the preceding cycle (but
include a copy of the amendment with
the application); and/or
any amendment to a pre-approved
plan that was adopted by the sponsor
on behalf of the employer and
considered by the Service in issuing an
opinion or advisory letter for the plan.
Note. If the plan does not have a DL for
the preceding RAC, the plan sponsor
must include with this application filing
copies of interim and discretionary
amendments adopted for the preceding
cycle. See What To File; however, do
not list these amendments in the table in
line 3f.
Column (i). Note each amendment
using an identifying number or name (for
example, Amendment 1, or PPA
Amendment). An amendment may
consist of modifications made to several
plan provisions that are adopted on the
same date. Two or more amendments
with the same adoption date may be
grouped and listed on a single line of the
table. In this case, enter in column (ii)

the effective date of the amendment
with the earliest effective date of any of
the grouped amendments.
Column (ii). Enter the date the
amendment is actually effective under
the plan. For example, if an amendment
is effective on the first day of the first
plan year beginning on or after January
1, 2013, and the plan year of the plan
ends on June 30, the date to be entered
in column (ii) is 07/01/2013.
Column (iii). If the amendment is in
proposed form enter 09/09/9999.
Column (iv) and (v). Mark with an
“X” whether the amendment is an
interim or a discretionary amendment. If
the amendment contains both interim
and discretionary provisions, mark both
columns (iv) and (v) with an “X.”
Column (vi). For each individual
amendment listed, did the pre-approved
plan sponsor have the power to amend
the plan on behalf of the adopting
employer? If “Yes” enter “X” in this
column.
Column (vii). Note the due date of
the employer's tax return, including
extensions, if applicable for the year in
which the amendments were adopted. If
the relevant amendment is discretionary
only, this field should be blank.
Line 3h. Designate the specific tax
return the employer uses to file its
return. For example, Form 1120, 1040,
or Form 990 series (in the case of a
tax-exempt employer). For a tax-exempt
employer, the section 990 series is a
substitute for an income tax return. If no
tax return is filed by the entity (such as a
governmental employer), write “N/A”.
See section 5.06(2) of Rev. Proc.
2007-44 for details.
Line 4a. This field is limited to 70
characters, including spaces. Fill in the
name as it should appear on the DL to
the extent permitted. Keep in mind that
“Employees” and “Trust” are not
necessary in the plan name and will be
left off if space does not permit.
Line 4b. Enter the three-digit plan
number. This should be the same
number that is used when the Form
5500 annual series return/report is filed.
Line 4c. Plan month means the month
in which the plan year ends. Enter the
two-digit month (MM).
Line 4e. 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
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arrangement who are eligible but do not
make elective deferrals,
2. Retirees and other former
employees who have a nonforfeitable
right to benefits under the plan, and
3. The beneficiaries 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 4f and 4g. See Notice 2002-1,
2002-2 I.R.B. 283 (as amplified by
Notice 2003-49, 2003-32 I.R.B. 294 and
Notice 2011-86, 2011-45 I.R.B. 698), for
further details, including how to
determine compensation.
Line 5. Attach copies of records of all
actions taken to terminate the plan,
such as board of directors’ resolutions,
etc.
Line 5a(1). An application is deemed
to be filed in connection with plan
termination if it is filed no later than the
later of (i) 1 year from the effective date
of termination or (ii) 1 year from the date
on which the action terminating the plan
is adopted. However, in no event can
the application be filed later than 12
months from the date of distribution of
substantially all plan assets in
connection with the termination of the
plan.
Line 5b. Assets must be distributed as
soon as administratively feasible after
the date of termination. See Rev. Rul.
89-87, 1989-2 C.B. 81.
Note. Rev. Proc. 2013-6 contains the
guidance under which the DL program
is administered, and is updated
annually. The application should be filed
in accordance with Rev. Proc. 2007-44
(as revised by Ann. 2011-82), and Rev.
Proc. 2013-6, as updated.
Line 5c(1). Mark “No” only if there will
be no reversion of plan assets to the
employer.
Line 5c(3). For the definition of a
qualified replacement plan, see section
4980(d)(2).
Line 6a. 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

pay. Benefits are generally described as
a percentage of final 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
distribution amount equal to the
employee’s hypothetical account
balance. Benefits consist of an
accumulation of hypothetical allocation
credits to an account plus hypothetical
accumulated interest credits on that
account.
Line 6b(2). If the plan’s normal
retirement age is below 62, the
employer (or trustees in the case of
multi-employer plan) must submit a
signed statement that this is a good faith
determination of the typical retirement
age for the industry in which the
covered workforce is employed. See
Regulations 1.401(a)-1. If this is a
governmental plan leave blank.
Line7a(1). If the employer is a member
of a controlled group of corporations,
trades or businesses under common
control, or an ASG, all employees of the
group will be treated as employed by a
single employer for purposes of certain
qualification requirements. Attach a
statement that provides the following in
detail:
1. All members of the controlled
group,
2. The relationship of each member
to the plan sponsor,
3. The type(s) of plan(s) maintained
by each employer, and
4. Plans common to all members.
Line 7a(2). Mark “Yes” if the plan
sponsor is a member of an ASG,
controlled group of corporations or
group of trades or businesses under
common control within the meaning of
section 414(b) or (c); is a foreign entity,
a nonresident alien individual, foreign
corporations, foreign partnerships,
foreign trusts, foreign estates, and any
other person that is not a United States
person. See sections 1473(5) and
7701(a)(30).

Line 7b. If “Yes,” complete only
applicable sections of this form.
Governmental plans under section
414(d) are exempt from certain
qualification requirements and are
deemed to satisfy certain other
qualification requirements under certain
conditions. For example, the
nondiscrimination, minimum
participation rules, top heavy rules, and
minimum funding standards do not
apply to governmental plans. In addition
such plans meet the vesting rules if they
meet the pre-ERISA vesting
requirements.
Line 7c. If a church plan has not made
such an election, complete only the
portions of this form that apply.
A church plan (for which no special
election under section 410(d) has been
made) is ordinarily not subject to various
qualification requirements. Section
provisions that do not apply to a
nonelecting church plan include section
410 (relating to minimum participation
standards), section 411 (relating to
minimum vesting standards), section
412 (relating to minimum funding
standards for pension plans), and
section 4975 (relating to prohibited
transactions). In addition, provisions
relating to joint and survivor annuities,
mergers and consolidations,
assignment or alienation of benefits,
time of benefit commencement, certain
social security increases, withdrawals of
employee contributions, and
distributions after plan termination,
respectively, also do not apply.
Line 7g. If the plan involves a section
401(h) feature, reference the feature in
the cover letter and note that this feature
is part of the termination application.
The cover letter must specifically state
the location of plan provisions that relate
to the section 401(h) feature.
Line 8. Section 3001 of the Employee
Retirement Income Security Act
(ERISA) requires the applicants subject
to section 410 to 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 is not
subject to section 410, a copy of the
notice is not required to be attached to
this application. If "No" is marked or this
line is blank, the application will be
returned.

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Rules defining "interested parties"
and the form of notification are in
Regulations section 1.7476-1.
Line 11i. If “Yes,” attach a separate
statement providing the name, EIN and
plan type of the other plan, and a copy
of pertinent plan provisions from the
related plan regarding the offset.
Line 12. If “Yes,” attach a statement
that provides the following:
1. Name of plans involved,
2. Type of plan,
3. Date of merger, consolidation,
spinoff, or a transfer of plan assets or
liabilities, and
4. Verification that each plan
involved was qualified at the time of the
merger, consolidation, spinoff, or a
transfer of plan assets or liabilities.
Note. Verification includes a copy of a
prior DL, if any, the appropriate opinion
or advisory letter, and adoption
agreement/plan document. Otherwise,
provide a signed and dated copy of the
most recent restatement and any
subsequent amendments.
The plan and amendments submitted
to verify the plan was qualified prior to
the merger, consolidation, spinoff, or a
transfer of plan assets or liabilities are
for information purposes only and will
not be ruled on.
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.
Note. A termination/reestablishment
transaction occurs when an employer
terminates an overfunded DB plan,
receives the excess assets, and then
establishes a new DB plan covering the
active employee.
Line 14. If “adverse business
conditions” is marked as the reason for
termination, attach an explanation
detailing the conditions that require
termination of the plan.
Line 16a. A dropped participant means
any participant who has terminated
employment even if their benefits have
not been distributed.
Enter the number of participants who
separated from vesting service with less
than 100% vesting in their accrued
benefit or account balance. If there is a
20% reduction in participants for any
period, attach an explanation as to why

this would not constitute a partial
termination.
Line 17b. The accrued benefits of a
plan participant may not be reduced on
plan termination. A plan amendment
(including an amendment terminating a
plan) that effectively eliminates or
reduces an early retirement benefit or a
retirement type subsidy for benefits
attributable to pre-amendment service is
treated as reducing the accrued benefit
of a participant if subsequent to
termination the participant could satisfy
the conditions necessary to receive
such benefits. See section 411(d)(6),
Regulations section 1.411(d)-3 and
Rev. Rul. 85-6, 1985-1 C.B. 133.
Line 17c. Regulations section
1.401(a)-20, Q&A-2 provides, in part,
that the requirements of sections 401(a)
(11) and 417 apply to the payments
under annuity contracts, not to the
distributions of annuity contracts.
Line 17e. Answer “Yes” if any plan
assets were contributed in the form of,
or invested in, obligations or property of
the employer (including any entity
related to the employer under section
414(b) or 414(c)).
Line 17g. Section 436 requires the
calculation of the Adjusted Funding
Target Attainment Percentage (AFTAP)
to determine whether the plan is subject
to limits on plan amendments, lump sum
distributions, or benefit accruals. Attach
copies of the AFTAP certification. If the
employer has filed for bankruptcy,
please provide the type and date of the
bankruptcy filing.
Line 17i. All plan liabilities must be
satisfied before assets can revert to the
employer upon termination of the plan.
All liabilities will not be satisfied if the
value of retirement-type subsidies are
not provided participants who, after the
date of the proposed termination, satisfy
certain pre-termination conditions
necessary to receive such benefits. See
section 401(a)(2) and Regulations
section 1.401-2(a)(1). The annuity
contracts purchased must be
guaranteed for each participant.
However, in order to maintain
qualification of a continuing pension
plan, the contracts covering
participants’ accrued benefits in the plan
must not be distributed except in
accordance with Regulations section
1.401-1(b)(1)(i).
Line 17i(2). If the answer to this item is
“Yes,” attach a list that includes the:
1. Name(s) of the plan sponsor(s),
2. Employer or sponsor(s) EIN(s),

3. Administrator's identification
number(s),
4. Plan number(s),
5. An explanation of the
transaction(s) including:
a. The amount(s) of any
reversion(s),
b. The date(s) of termination, and
c. The reason(s) for termination.
Line 17j(1). For this question only,
“single-sum distribution” will mean a
single payment of the value of a
participant's benefits or a series of
payments that do not provide
substantially equal payments (either
alone or in conjunction with other benefit
payments) over the life of the
participant.
Line 17m. Attach a statement for each
plan that includes the following
information:
1. Name of plan,
2. Type of plan,
3. Form of plan (standardized,
non-standardized, VS, or individually
designed),
4. Plan number,
5. Vesting schedule, and
6. Whether the plan has received a
DL or an application for a letter is
pending with IRS.
Line 17n. Applicable DC plans are
required to contain the participant
diversification rights under section
401(a)(35). In general, an applicable DC
plan means any DC plan that holds
publicly traded employer securities. DC
plans are required to have plan
language reflecting the section 401(a)
(35) rights, with exceptions including the
following:
1. The terms of the plan do not
permit any investments in employer
securities.
2. The terms of the plan provide that
the plan may invest in employer
securities, but only if these securities
are held indirectly as part of a broader
fund that is:
a. a regulated investment company
described in section 851(a),
b. a common or collective trust fund
or pooled investment fund maintained
by a bank or trust company supervised
by a State or a Federal agency,
c. a pooled investment fund of an
insurance company that is qualified to
do business in a State, or

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d. an investment fund managed by
an investment manager within the
meaning of section (3)(38) of ERISA for
a multiemployer plan.
3. The terms of the plan state that
the plan is a one-participant retirement
plan as defined in section 401(a)(35)(E)
(iv).
4. The plan is an ESOP, described
in section 4975(e)(7), that does not hold
any amounts subject to sections 401(k)
or (m) and is separate from any other
plan of the employer.
Line 19b. Enter the amount of
forfeitures for each of the plan years on
the chart. If these forfeitures resulted
from a cashout for a year not listed on
line 19, attach a statement indicating the
year of the cashout.
Line 19c. Enter the amount of transfers
and rollovers received from qualified
plans (under section 401(a) and/or
conduit IRAs) for each of the plan years
entered. Submit proof that any rollovers
or asset transfers received were from a
qualified plan or IRA (for example, DL
and timely interim amendments).
Line 21. Complete the statement
showing the estimated fair market value
of the plan assets and liabilities as of the
proposed date of termination or the
latest valuation date.
Include and clearly identify all
liabilities (other than liabilities for benefit
payments due after the date of plan
termination) that are unpaid as of the
proposed termination date or that are
paid or payable from plan assets after
the proposed date of plan termination
under the provisions of the plan.
Liabilities include expenses, fees,
other administrative costs, and benefit
payments due and not paid before the
proposed termination date or latest
valuation date.
Line 21c(4). Include investment
securities issued by a corporate entity at
a stated interest rate repayable on a
particular future date such as most
bonds, debentures, convertible
debentures, commercial paper, and
zero coupon bonds. Do not include debt
securities of governmental units or
municipalities.
Line 21c(7)(A). Include the current
value of real property owned by the plan
which produces income from rentals,
etc. Do not include this property in
line 21e (building equipment, and other
property used in plan operations).

Line 21c(9) and (10). Attach a list of
outstanding loans from the plan. Include
the following information:
1. Signed and dated loan
agreement,
2. Dollar amount of each loan(s),
3. Date of loan,
4. Balance of the loan at the date of
termination,
5. Account balance prior to the date
of the loan,
6. Identify all disqualified persons as
described by section 4975(e), and
7. Amortization, and/or
8. Repayment schedule.
Line 21c(12). Include allocated and
unallocated contracts including
plan-owned life insurance.
Line 21i. “Acquisition indebtedness,”
for debt-financed property other than
real property, means the outstanding
amount of the principal debt incurred:
1. By the organization in acquiring
or improving the property,
2. Before the acquisition or
improvement of the property if the debt
was incurred only to acquire or improve
the property, or
3. After the acquisition or
improvement of the property if the debt

was incurred only to acquire or improve
the property and was reasonably
foreseeable at the time of such
acquisition or improvement. For more
details, see section 514(c).

How To Get Forms,
Publications, and
Assistance
Internet. You can access the IRS
website 24 hours a day, 7 days a week
at IRS.gov to:
Download forms, instructions and
publications, including accessible
versions for people with disabilities.
Order IRS products.
Use the Interactive Tax Assistant
(ITA) to research your tax questions. No
need to wait on the phone or stand in
line. The ITA is available 24 hours a
day, 7 days a week, and provides you
with a variety of tax information related
to general filing topics, deductions,
credits, and income. When you reach
the response screen, you can print the
entire interview and the final response
for your records. New subject areas are
added on a regular basis.
Answers not provided through ITA may
be found in Tax Trails, one of the Tax
Topics on IRS.gov which contain
general individual and business tax
information or by searching the IRS Tax

Map, which includes an international
subject index. You can use the IRS
Tax Map, to search publications and
instructions by topic or keyword. The
IRS Tax Map integrates forms and
publications into one research tool and
provides single-point access to tax law
information by subject. When the user
searches the IRS Tax Map, they will be
provided with links to related content in
existing IRS publications, forms and
instructions, questions and answers,
and Tax Topics.
Sign up to receive local and national
tax news and more by email. Just click
on “subscriptions” above the search box
on IRS.gov and choose from a variety of
options.
By phone and in person. Call
1-800-TAX-FORM (1-800-829-3676) to
order current-year forms, instructions
and publications, and prior-year forms
and instructions (limited to 5 years). You
should receive your order within 10
business days. You can also get most
forms and publications at your local IRS
office.
For questions regarding this form,
call the Employee Plans Customer
Service, toll-free, at 1-877-829-5500.

Privacy and Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue
laws of the United States. Under sections 401, 403, 410, 411, 412, and 414 and their regulations it is our legal right to ask for
this information. Section 6109 requires you to provide your identifying number. You are not required to have your plan's
qualification status determined by the IRS. However, if you want your plan's qualification status determined by the IRS, you are
required to give us the information on this form. We need it to determine your plan's qualification status at the time of the plan's
termination. Your failure to provide all of the information requested may prevent processing of this form. Providing false
information may subject you to penalties. We may disclose this information to the Department of Justice for civil or criminal
litigation, and to cities, states, the District of Columbia, and U.S. commonwealths or possessions for use in the administration of
their tax laws. We may also disclose this information to federal and state agencies to enforce federal nontax criminal laws, or to
federal law enforcement and intelligence agencies to combat terrorism.
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 the forms listed below will vary depending on individual circumstances. The estimated
average times are:
Recordkeeping

Learning about the law or the form

Preparing, copying,
assembling, and
sending the form to
the IRS

Form 5310

64 hr., 5 min.

21 hr., 35 min.

25 hr., 27 min.

Form 6088

6 hr., 24 min.

1 hr., 12 min.

1 hr., 21 min.

If you have any comments concerning the accuracy of these time estimates or suggestions for making these forms simpler,
we would be happy to hear from you. You can send us comments from www.irs.gov/formspubs/. Click on “More Information”
and then on “Comment on Tax Forms and Publications.” Or you can send your comments to Internal Revenue Service, Tax
Forms and Publication Division, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224.
Do not send these forms to this address. Instead, see Where To File.

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