This article covers information about when to file Form 5316 with the IRS in order to request a determination letter proving that a trust is a group trust arrangement that meets the qualifications of Rev. Rul. 81-100.
What is Form 5316?
Form 5316 is used to request a determination letter from the IRS for a trust that meets the qualification requirements of Rev. Rul. 81-100, as modified and clarified by Rev. Rul. 2004-67, and as modified by Rev. Rul. 2011-1. The form should be filed by the sponsor of the group/pooled trust and must include a completed Form 5316, Form 8717, User Fee for Employee Plan Determination Letter Request (or payment through Pay.gov with proof of payment), Form 2848 or Form 8821, copy of the trust’s latest determination letter, and trust instrument and related documents. Submission before July 1, 2023 requires filing to the IRS address indicated and after July 1, 2023 requires submission through Pay.gov. The annual revenue procedure associated with the application can be found in the Internal Revenue Bulletin.
IRS Form 5316 – Who Needs to Fill It Out?
Group/pooled trust sponsors must file IRS Form 5316 in order to request a determination letter from the IRS verifying that their trust meets the qualifications set forth in Rev. Rul. 81-100, as modified and clarified by Rev. Rul. 2004-67 and 2011-1. The form should be filed by the sponsor of the trust and delivered to the appropriate address. Additionally, certain private delivery services may be utilized. Filers must also submit a copy of the trust’s most recent determination letter, the trust instrument, and a completed Form 8717; payment for the user fee must be made before July 1, 2023, either through Pay.gov or by check. The IRS issues an annual revenue procedure setting forth the procedures for issuing determination letters for group trusts; the revenue procedure for 2023 is Rev. Proc. 2023-4.
Step-by-Step: Form 5316 Instructions For Filling Out the Document
To complete and submit Form 5316, group/pooled trust sponsors must first register for an account with Pay.gov. Once in the system, they should enter ‘5316’ in the search box and select the form. The form must be completed and signed by the employer or plan administrator, and all applicable documents, such as a trust instrument and the latest determination letter, must be uploaded as a single PDF file– no more than 15MB. Filing the form before July 1, 2023 will also require a completed Form 8717 and a check for the user fee, but submissions after July 1 will require that the user fee be paid through Pay.gov. All documents should be sent to the Internal Revenue Service at the address indicated, or sent through an applicable Private Delivery Service.
Below, we present a table that will help you understand how to fill out Form 5316.
| Information Required for Form 5316 | Details |
|---|---|
| Pay.gov Registration | Steps to register for Pay.gov |
| Required Attachments | Documents and attachments needed |
| Filing Procedure | How to file the form and documents |
| Trust Instrument | Information about the trust instrument |
Do You Need to File Form 5316 Each Year?
Do You Need to File [FORM] Each Year? Yes, sponsors of group/pooled trust arrangements must file Form 5316 each year with the IRS to request a determination letter necessary for the trust to be recognized as a qualified group trust. Submissions due before July 1, 2023 must be made with a paper Form 8717 and check for the user fee made out to the “United States Treasury.” Submissions due on or after July 1, 2023 must be made through Pay.gov, and the user fee must be paid through the application. The trust document, determination letter, and other relevant documents must also be included.
Official IRS Form 5316
Form 5316 needs to be electronically filed via Pay.gov. You can find the latest version of the form on Pay.gov.
To submit Form 5316, please follow these steps:
- Register for an account on Pay.gov.
- Enter “5316” into the search bar and choose Form 5316.
- Fill out the form.
Sources:
