5307 question

[Richard Anderson]

On the Form 5307, if line 2 is filled out, does that mean that a 2848 power of attorney is not necessary?

Also, for line 3a, the first 2 check boxes ask for dates. The first check box: "Enter 1 for initial Qualification - Date plan signed..." Do they want the date the restated document is signed or the date the original was signed.

Line 7d asks " Are there any "Other" boxes selected in the adoption agreement?" How should this be answered for a Volume Submitter document? The instructions say not to use N/A.

Thanks

[Blinky the 3-eyed Fish]

You fill out the information in item 2 if the plan sponsor were the person to contact. If you wanted to be the contact, you would still need a POA and would not be able to just fill in your information.

If you have a restated document, then you are requesting a letter after initial qualification and complete item 3(a) - 2 and put the original adoption date.

Answer "no" if you have a VS plan in item 7d.

[Richard Anderson]

The plan was originally effective 1/1/2000; adopted (signed) 10/28/2000. GUST restatement signed 10/7/2002, effective 1/1/2002.

This is the first request for a determination letter for this plan.

On line 3a: We enter 1 for Initial Qualification. For "Date plan signed" what do they want? The date the original document was signed? Or the date the GUST restated document was signed?

I think that they want the date the original was signed, but I'm not sure.

Thanks.

[Blinky the 3-eyed Fish]

I agree that since you did not apply for the determination letter with the first document, it is a request for initial qualification and the original signing date is put.

[Guest rhp]

Since you are presumably still within the GUST remedial amendment period, I would mark 1 for initial qualification with the 10/28/00 date and 2 with the GUST date of 10/7/02. They should include both dates in the determ letter.

[Blinky the 3-eyed Fish]

Rhp, I wouldn't complete the form that way because the instructions clearly say to mark 1 if the IRS has not issued a determination letter for the plan. See here on page 3.

http://www.irs.gov/pub/irs-pdf/i5307.pdf