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Form 5310 - what to file


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We are filing for a determination letter for a plan termination on a pre-approved VS document. The plan has never applied for a determination letter before but has always adopted the document restatements and amendments on a timely basis.

The prior instructions for the Form 5310 clearly stated that if you didn't have a determination letter (DL) then you had to attach all plan documents, amendments since the effective date of the plan.

The new instructions, revised 12/2013, say this under the What to File (#4) "a copy of the opinion or advisory letter for the pre-approved plan, and/or adoption agreement and all required attachments and statements" and (#5): "A copy of all amendments made since the last cumulative list listed on the last DL or plan document, if applicable"

Do we have to send in all documents since inception or only the current document with any amendments adopted after the document restatement.

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