Form 5310

[ERISA25]

Question 6 of IRS Form 5310 asks whether the employer/sponsor is part of a controlled group. The 401(k) plan was terminated immediately prior to buyer's stock purchase of sponsor. With respect to Question 6, if you answer that question as of the date of plan termination, the answer is "no," not part of a controlled group, but if you use the date of filing, the employer is part of a controlled group. Can we use the date of termination to determine controlled group status for purposes of Form 5310? Any guidance on this?

[mbozek]

Question 6 of IRS Form 5310 asks whether the employer/sponsor is part of a controlled group. The 401(k) plan was terminated immediately prior to buyer's stock purchase of sponsor. With respect to Question 6, if you answer that question as of the date of plan termination, the answer is "no," not part of a controlled group, but if you use the date of filing, the employer is part of a controlled group. Can we use the date of termination to determine controlled group status for purposes of Form 5310? Any guidance on this?

see Rev Proc 2006-06 for procedures in terminating a plan