Amending Form 5310

[Guest DASLaw]

A calendar year PS Plan submitted its Form 5310 with a proposed termination date of August 2008. The Plan now wishes to amend its Form 5310 by changing the proposed termination date to December 31, 2008. Does the IRS have a procedure to do this without formally withdrawing the determination letter request?

[Guest Sieve]

I would do one of 2 things:

• Call the IRS inquiry number & see if you can locate the application (after about 90 or 120 days or whatever the confirmation notice says) and then send an amended page for the Form 5310, or
  
• Wait until the IRS asks for more info or documentation (which it undoubtedly will), and send the revised 5310 page at that time with the requested info.
  

Of course, that may change some plan document provisions--e.g., if you amended the plan to cease new participation, etc.--so you'd have to make those changes, too. But, I don't think there's a notice that would have to be changed.

[Guest Kabert]

I agree with Sieve -- I think you definitely should be able to revise the filing without withdrawing it.