Jump to content

Form 5310 for DB Termination When Aggregated for testing


Recommended Posts

We have to file form 5310 for the following situation.

  • Employer sponsors a DB and a Profit Sharing 401(k) Plans.
  • Since inception in 2012 plans have been aggregated for testing purposes
  • Employer is terminating the DB plan in 2016 and filing with the IRS for Determination letter (Form 5310)
  • The plans are not safe harbor design and the DB has also non statutory class exclusions.

Here are several questions:

  • Must we answer the the questions on 5310 only for the DB (as if the other plan did not exists?. I do not see any question- excepting if the plan is part of an offset arrangement (which is not)- that leads me to think that I should take into consideration the # of participants, the 401k.m provisions, plan assets, employer contributions, etc. for the profit sharing plan.
  • The form asks , though, if the Employer maintains another qualified plan. But the required statement requires only enough info to identify the plan
  • The form asks if "the top heavy minimum accrual or contributions" have been made. They were made in the profit sharing plan. Should the question on form 5310 be answered YES (even though they were made in another plan?)

Any help greatly appreciated

Thanks in advance

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Create New...