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IR-2022-196, November 7, 2022 ¡ª The Treasury Department and Internal Revenue Service today announced the expansion of one of their programs for approving retirement plans.

Frequently asked questions and answers about enrolled retirement plan agents.

Form 5309 is used by tax credit employee stock ownership plans or by employee stock ownership plans to apply for a determination letter. The plan must be to invest primarily in employer securities. Use this form to apply for a determination letter for an employee stock ownership plan (ESOP) that meets the requirements of Internal Revenue Code section 4975(e)(7).

Form 6088 is used to report the 25 highest participants of a deferred compensation plan. The Internal Revenue Service uses the information on this form to analyze an application for a determination letter on the qualification of the plan upon termination.

Additional resources related to retirement plan document amendments and determination letter requests.

Adopting Employer

Form 5310-A is used by employers to give notice of a plan merger, consolidation, spin-off, transfer of plan assets or liabilities, or qualified separate lines of business. Employers use this form to give notice of a plan merger, consolidation, spin-off, transfer of plan assets or liabilities, or qualified separate lines of business.

This snapshot discusses the requirement that plans submitting an application for a determination letter that claim reliance on a design-based safe harbor must contain a definition of compensation that is nondiscriminatory without the need for annual testing.

Treaty and Transfer Pricing Operations (TTPO) of the Large Business and International (LB&I) division of the IRS released the Transfer Pricing Examination Process (TPEP) for use in transfer pricing examinations. Note: With the issuance of TPEP, the Transfer Pricing Roadmap is retired.

Employee Stock Ownership Plans Determination Letter Application Review Process