None of the plans are excluded from filing under the exceptions from filing listed above. In this situation all 3 plans must: File a completed Form A. Enter code 4 notice of a transfer of plan assets or liabilities as the reason for filing. Complete all parts of Part I and II of the form.
For Plan A, line 6 of the form will show information regarding Plan B and an attached statement with the line 6 information for Plan C. Plans A, B, and C are being merged. Assets and liabilities from each plan will be merged into Plan D, a new plan that was established for the purpose of effecting the merger. None of the plans are excluded from filing under the exceptions from filing above. In this situation, four separate Forms A must be filed.
Line 6 of the form will show information regarding Plan A and an attached statement with the line 6 information for Plans B and C. File Form A at least 30 days prior to a plan merger or consolidation, spinoff, or transfer of plan assets or liabilities to another plan. If you are filing Form A to notify the IRS that the employer treats itself as operating QSLOBs or the employer is modifying or revoking a previously filed notice, file Form A on or before the notification date for the testing year.
The "notification date" for a testing year is the later of: a October 15 of the year following the testing year, or b the 15th day of the 10th month after the close of the plan year of the plan of the employer that begins earliest in the testing year. There is a penalty for the late filing of a Form A to report a plan merger or consolidation, spinoff, or transfer of plan assets or liabilities.
The form is late if it is not filed at least 30 days before the plan merger or consolidation, spinoff, or transfer of plan assets or liabilities. Box Covington, KY Private delivery services. These private delivery services include only the following. Stamped signatures are not acceptable; see Rev.
In general, the employer or plan administrator must sign the form. For single employer plans the plan administrator and the employer are generally the same person. When the plan administrator is a joint employer - union board or committee - at least one employer representative and one union representative must sign.
A Form A filed with the IRS by a representative on behalf of an employer or plan administrator must be accompanied by: A power of attorney specifically authorizing such representation in this matter you may use Form , Power of Attorney and Declaration of Representative , or A written declaration that the representative is a currently qualified attorney, certified public accountant, enrolled actuary, or is currently enrolled to practice before the IRS include either the enrollment number or the expiration date of the enrollment card and is authorized to represent the employer or plan administrator.
Form A is screened for completeness. Incomplete notices will be returned. Here are some tips to help you complete the form correctly. The notice has formatted fields that will limit the number of characters entered per field.
All data input will need to be entered in Courier size 10 font. Alpha characters should be entered in all capital letters. Enter spaces between any words. Spaces will count as a character. If a number is requested, a number must be entered. For questions regarding this form, call the Employee Plans Customer Service at The IRS may, at its discretion, require additional information or the submission of a Form , Application for Determination for Employee Benefit Plan, when it is deemed necessary.
Line 1 - Reason for filing. Lines 2a and 2b. If the Post Office does not deliver mail to the street address and the plan has a P. Line 2g. Go to the IRS website at www. By telephone - Call For the plan of a group of entities required to be combined under sections b , c , or m , whose sponsor is more than one of the entities required to be combined, enter the EIN of only one of the sponsoring members. Line 3. Either complete the contact's information on this line, or check the box and attach a completed Form or Form Line 4a.
Due to space restrictions, this field is limited to 70 characters, including spaces. Due to this restriction, "Employee" and "Trust" are not necessary in the plan name. Line 4b. The number assigned to a plan must not be changed or used for any other plan.
Lines 5a. The statement must 1 identify the type of transaction involved for example, merger or consolidation, spinoff, or transfer of plan assets or liabilities , and 2 provide information verifying compliance with the requirements of sections a 12 and l. This statement need not be signed by an actuary. Lines 5b. Lines 6a. Must a A form be filed? Share More sharing options Followers 0. Recommended Posts. Guest Phil L Posted May 23, Posted May 23, Any cite would be greatly appreciated.
Link to comment Share on other sites More sharing options Guest Rick Butler Posted May 23, The instructions to A tells you who does not have to file. Guest Phil L Posted May 26, The provisions of the larger plan that allocate assets at the time of termination must provide that, in the event of a spinoff or termination of the plan within 5 years following the merger, plan assets will be allocated first for the benefit of the participants in the other plan s to the extent of their benefits on a termination basis just prior to the merger.
There is a spinoff of a defined benefit plan into two or more defined benefit plans and both of the following conditions are met:. For each plan that results from the spinoff, other than the spunoff plan with the greatest value of plan assets after the spinoff, the value of the assets spun off is not less than the present value of the benefits spun off whether or not vested.
As a result of the second spinoff, Form A must be filed to report both spinoffs. Enter the date of the second spinoff on line 6g. Spinoffs occurring in previous or subsequent plan years are taken into account in determining the percentage of assets spun off if such spinoffs are, in substance, one transaction with the spinoff occurring during the current plan year. Aggregating spinoffs may cause a spinoff, for which a Form A was not initially required to be filed, to become reportable as a result of a subsequent spinoff.
In this case, report the spinoff s on the Form A filed for the subsequent spinoff. Enter the date of the subsequent spinoff on line 6g. Transfer of Plan Assets or Liabilities. A transfer of plan assets or liabilities is considered a combination of separate plan spinoffs and mergers.
The transferor plan in a transfer transaction if the assets transferred satisfy the spinoff conditions in 2 or 4 above. The transferee plan in a transfer transaction if the plan liabilities transferred satisfy the merger conditions in 1 or 3 above. In some situations, the transferor plan may have to file Form A but not the transferee plan, or the transferee plan may have to file but not the transferor plan. Plans A, B, and C are separate plans within the meaning of section l.
None of the plans are excluded from filing under the exceptions from filing listed above. In this situation all 3 plans must:. Plans A, B, and C are being merged. Assets and liabilities from each plan will be merged into Plan D, a new plan that was established for the purpose of effecting the merger. None of the plans are excluded from filing under the exceptions from filing above. In this situation, four separate Forms A must be filed. Line 6 of the form will show information regarding Plan A and an attached statement with the line 6 information for Plans B and C.
File Form A at least 30 days prior to a plan merger or consolidation, spinoff, or transfer of plan assets or liabilities to another plan. If you are filing Form A to notify the IRS that the employer treats itself as operating QSLOBs or the employer is modifying or revoking a previously filed notice, file Form A on or before the notification date for the testing year.
The "notification date" for a testing year is the later of: a October 15 of the year following the testing year, or b the 15th day of the 10th month after the close of the plan year of the plan of the employer that begins earliest in the testing year. There is a penalty for the late filing of a Form A to report a plan merger or consolidation, spinoff, or transfer of plan assets or liabilities. The form is late if it is not filed at least 30 days before the plan merger or consolidation, spinoff, or transfer of plan assets or liabilities.
These private delivery services include only the following. The private delivery service can tell you how to get written proof of the mailing date. Stamped signatures are not acceptable; see Rev. In general, the employer or plan administrator must sign the form. For single employer plans the plan administrator and the employer are generally the same person. When the plan administrator is a joint employer — union board or committee — at least one employer representative and one union representative must sign.
A Form A filed with the IRS by a representative on behalf of an employer or plan administrator must be accompanied by:. A power of attorney specifically authorizing such representation in this matter you may use Form , Power of Attorney and Declaration of Representative , or. A written declaration that the representative is a currently qualified attorney, certified public accountant, enrolled actuary, or is currently enrolled to practice before the IRS include either the enrollment number or the expiration date of the enrollment card and is authorized to represent the employer or plan administrator.
Form A is screened for completeness. Incomplete notices will be returned. Here are some tips to help you complete the form correctly. The IRS may, at its discretion, require additional information or the submission of a Form , Application for Determination for Employee Benefit Plan, when it is deemed necessary.
Enter the appropriate code that describes the reason you are filing Form A. Enter 1 for a notice of qualified separate lines of business.
Enter 2 for a notice of a plan merger or consolidation. Enter 3 for a notice of a plan spinoff. Enter 4 for a notice of a transfer of plan assets or liabilities to another plan. Enter the name and address of the employer or plan sponsor. A plan sponsor means:. In the case of a plan that covers the employees of one employer, the employer;. In the case of a plan sponsored by two or more entities required to be aggregated under sections b , c , or m , one of the members participating in the plan; or.
Include the suite, room, or other unit number after the street address. If the Post Office does not deliver mail to the street address and the plan has a P. Do not use a social security number or the EIN of the trust. Go to the IRS website at www. For the plan of a group of entities required to be combined under sections b , c , or m , whose sponsor is more than one of the entities required to be combined, enter the EIN of only one of the sponsoring members.
The contact person will receive copies of all correspondence as authorized in a Form , or Tax Information Authorization, Form Either complete the contact's information on this line, or check the box and attach a completed Form or Form Enter the name you designated for your plan. Due to space restrictions, this field is limited to 70 characters, including spaces. Due to this restriction, "Employee" and "Trust" are not necessary in the plan name.
Enter the 3-digit number, beginning with "" and continuing in numerical order for each plan you adopt — The number assigned to a plan must not be changed or used for any other plan.
Attach an actuarial statement of valuation showing compliance with section l. The statement must 1 identify the type of transaction involved for example, merger or consolidation, spinoff, or transfer of plan assets or liabilities , and 2 provide information verifying compliance with the requirements of sections a 12 and l. This statement need not be signed by an actuary.
Enter 1 for a profit-sharing plan. Enter 2 for a stock bonus plan. Enter 3 for a money purchase plan. Enter 4 for a target benefit plan. Enter 6 for an ESOP plan. Enter 7 for other and specify the type of plan. Enter the total number of plans, other than the plan named on line 4a, involved in this transaction. Complete lines 6c through 6h for the other plan s involved in the merger or consolidation, spinoff, or transfer of plan assets or liabilities with the plan named on line 4a.
If there is more than one other plan, attach a separate statement showing the information requested for lines 6c through 6h.
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