Form 5308 (Rev. 4-2013)
Page 2
Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
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. 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 (such as 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(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 9/2/74, 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 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.
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.
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. 2013-8, 2013-1
I.R.B. 237, available at www.irs.gov/irb/2013-01_IRB/ar13.html 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.
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 hrs., 54 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 write to the Internal Revenue Service, Tax Products
Coordinating Committee, SE:W:CAR:MP:T:M:S, 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.
