IRS Posts Draft Determination Letter Forms

July 6, 2001 ( -The Internal Revenue Service has published draft revisions of determination letter application forms on the Employee Plans Corner section of its Web site.

Draft revisions of Forms 5300, 5307, 5310, 6406 and Schedule Q and their related instructions are now online at These forms are draft versions, and may not be used to file determination letter applications.

The IRS cautions that these forms are considered ‘drafts’ and, as such, remain subject to changes in format and content before final versions are available. However, practitioners can take a sneak peak at the current thinking.

The forms available include:

  • Form 5300 and Instructions – Application for Determination for Employee Benefit Plan
  • Form 5307 and Instructions – Application for Determination for Adopters of Master or Prototype or Volume Submitter Plans
  • Form 5310 and Instructions – Application for Determination for Terminating Plan, which is used by the sponsor of a qualified plan which is terminating, with the exception of multi employer plans covered by Pension Benefit Guaranty Corporation (PBGC) insurance
  • Form 6406 and Instructions – Short Form Application for Determination for Minor Amendment of Employee Benefit Plan, used by adopters of minor amendments for plans with a current determination letter
  • Schedule Q (Form 5300) and Instructions – Elective Determination Requests, which is used in conjunction with Forms 5300, 5307 and 5310 to request determinations for certain coverage and nondiscrimination requirements

The Adobe Acrobat Reader software is required to view, print and search these files.


– Nevin Adams