Rev. Proc. 77-22

Section 1. Purpose

The purpose of this Revenue Procedure is to provide for the use of Form 5307, Short Form Application for Determination for Employee Benefit Plan, by certain employers who are requesting a determination letter as to the qualification of the plan as it relates to the particular employer. Consequently, employers, who adopt either a master or prototype pension, annuity, or profit-sharing plan may request a determination letter with respect to the qualification of the plan under sections 401 or 405 or involving section 403(a) of the Internal Revenue Code of 1954, as amended by the Employee Retirement Income Security Act of 1974 [Pub. L. 93-406, 1974-3 C.B. 1].

Sec. 2. Background and General Information

.01 Rev. Proc. 75-52, 1975-2 C.B. 592, provides procedures whereby District Directors may issue determination letters as to the qualification of a plan of a particular employer, who has adopted a corporate master or prototype plan approved by the National Office as to form. Employers requesting such a determination letter must file Form 5300, Application for Determination for Defined Benefit Plan, and Form 5302, Employee Census, in the case of a defined benefit plan. Employers must file Form 5301, Application for Determination for Defined Contribution Plan, and Form 5302, in the case of a defined contribution plan.

.02 The procedures involving the use of the forms described in subsection .01 above are revised herein so as to require the use of Form 5307, Short Form Application for Determination for Employee Benefit Plan, by employers who adopt either a master or prototype plan.

Sec. 3. Instructions to Employers

.01 Employers who adopt a master or prototype plan must file Form 5307 in order to receive a determination as to the qualification of a plan as it relates to the particular employer. Form 5307 should be filed in accordance with the instructions contained therein.

.02 Form 5307 should be filed in the district in which a single employer's principal place of business is located. For plans of more than one employer, the plan administrator should file Form 5307 with the District Director for the district in which is located the principal place of business of the plan administrator.

.03 An employer adopting any other plan, of a form approved previously by a District Director, may file Form 5307 if the District Director has approved the use of Form 5307 for such plan. .04 Form 5307 may not be used for plans that include a self-employed individual. In addition, Form 5303, Application for Determination for Collectively Bargained Plans, must continue to be filed in the case of collectively-bargained plans.

.05 For a controlled group of corporations (as defined in section 414(b) of the Code), item 16 on Form 5307 must be completed as though the controlled group constitutes a single entity.

Sec. 4. Transitional Rules

.01 District Directors will continue to issue determination letters with respect to applications submitted on Forms 5300 or 5301 by adopting employers, who file such applications within 30 days after the effective date of this Revenue Procedure.

.02 Form 5307 may be filed immediately by adopting employers who wish to receive a determination letter as to the qualification of a plan as it relates to the particular employer. However, commencing with the thirty-first day after the effective date of this procedure, adopting employers must file Form 5307 in order to receive a determination as to the qualification of the employer's plan.

Sec. 5. Effect on Other Documents

The general procedures of Rev. Proc. 75-52 continue to apply except to the extent they are inconsistent with this Revenue Procedure. Rev. Proc. 75-52 is modified.

Sec. 6. Effective Date

This Revenue Procedure is effective June 24, 1977.

¹ Also released as News Release IR-1846, dated June 24, 1977.