Use of Separate Trust in Pre-Approved Plan

[Guest gaham]

We have an individually designed plan that filed an 8905 that we are putting on a pre-approved volume submitter plan. It looks like we will need to use a separate trust agreement which we understand destroys reliance on a pre-approved plan. If this is the only change to the pre-approved plan, can we file a 5307 or do we need to file a 5300? If we file a 5307 and it goes through, do we get the 6 year reliance or are we still on the 5 year reliance for an individually designed plan? Any thoughts would be appreciated.

[Guest Sieve]

I would file on a 5307. The IRS probably will accept, but may not. If they accept on a Form 5307, then you can remain on the 6-year VS cycle. See Rev. Proc. 2007-44, Section 19.05 & .08 (Example 18).