What are the requirements for a governmental plan to invest in a group trust?

A governmental plan is required to be a qualified governmental plan under section 414(d) of the Internal Revenue Code, as in effect on March 20, 2018. The plan must be established or maintained by an eligible governmental employer and meet certain additional requirements related to participation, vesting, and funding. Additionally, a governmental plan is required to adopt a resolution that specifically authorizes the investment of plan assets in a group trust.

What are the reporting requirements for an eligible employer?

An eligible employer making contributions to a group trust must report the amount of its contributions on Form 941, Schedule R, or Form 943, as applicable. The eligible employer must also report the amounts of any distributions made to employees during the year on Form W-2, Box 1.

What are the requirements for a church plan to invest in a group trust?

A church plan is required to be a qualified employer plan under section 401(a) of the Internal Revenue Code, as in effect on March 20, 2018. The plan must be established or maintained by an eligible employer and meet certain additional requirements related to participation, vesting, and funding. Additionally, a church plan is required to adopt a resolution that specifically authorizes the investment of plan assets in a group trust.

What is a group trust retiree benefit plan?

A group trust retiree benefit plan is a trust created or organized in the United States and maintained at all times as a domestic trust in the United States, that holds assets of one or more church plans or governmental plans for purposes of section 401(a)(24) or 414(d), respectively. The group trust instrument must expressly limit participation to group trust retiree benefit plans and prohibit assignment by an adopting plan of any part of its equity or interest in the group trust.

What are the tax consequences of a distribution from a group trust?

A distribution from a group trust is generally not treated as compensation. However, if the distribution is a prohibited transaction under section 4972 or if it results in the plan's disqualification, then the distribution may be subject to taxes and penalties.

What are the tax consequences of an employee's participation in a group trust?

An employee who participates in a group trust is generally not treated as having received additional compensation. However, if the employee withdraws funds from the group trust and that amount is included in the employee's income, then the employee may have to pay income tax on that amount.

What are the tax consequences of an eligible employer's contribution to a group trust?

An eligible employer making contributions to a group trust on behalf of its employees is generally not treated as having made a direct or indirect payment of compensation to the employees. However, the eligible employer must still report wages paid to its employees in its income tax return and payroll tax returns.

Form 5316

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Application for Group or Pooled Trust Ruling

Rev. December 2021

Form 5316, which is required for electronic submission through Pay.gov, can be accessed and downloaded from Pay.gov. More information can be found on irs.gov/Form5316.

Instructions

Form 5316 Instructions - Instructions for Form 5316, Application for Group or Pooled Trust Ruling

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FAQ

What are the requirements for a governmental plan to invest in a group trust?
A governmental plan is required to be a qualified governmental plan under section 414(d) of the Internal Revenue Code, as in effect on March 20, 2018. The plan must be established or maintained by an eligible governmental employer and meet certain additional requirements related to participation, vesting, and funding. Additionally, a governmental plan is required to adopt a resolution that specifically authorizes the investment of plan assets in a group trust.
What are the reporting requirements for an eligible employer?
An eligible employer making contributions to a group trust must report the amount of its contributions on Form 941, Schedule R, or Form 943, as applicable. The eligible employer must also report the amounts of any distributions made to employees during the year on Form W-2, Box 1.
What are the requirements for a church plan to invest in a group trust?
A church plan is required to be a qualified employer plan under section 401(a) of the Internal Revenue Code, as in effect on March 20, 2018. The plan must be established or maintained by an eligible employer and meet certain additional requirements related to participation, vesting, and funding. Additionally, a church plan is required to adopt a resolution that specifically authorizes the investment of plan assets in a group trust.
What is a group trust retiree benefit plan?
A group trust retiree benefit plan is a trust created or organized in the United States and maintained at all times as a domestic trust in the United States, that holds assets of one or more church plans or governmental plans for purposes of section 401(a)(24) or 414(d), respectively. The group trust instrument must expressly limit participation to group trust retiree benefit plans and prohibit assignment by an adopting plan of any part of its equity or interest in the group trust.
What are the tax consequences of a distribution from a group trust?
A distribution from a group trust is generally not treated as compensation. However, if the distribution is a prohibited transaction under section 4972 or if it results in the plan's disqualification, then the distribution may be subject to taxes and penalties.
What are the tax consequences of an employee's participation in a group trust?
An employee who participates in a group trust is generally not treated as having received additional compensation. However, if the employee withdraws funds from the group trust and that amount is included in the employee's income, then the employee may have to pay income tax on that amount.
What are the tax consequences of an eligible employer's contribution to a group trust?
An eligible employer making contributions to a group trust on behalf of its employees is generally not treated as having made a direct or indirect payment of compensation to the employees. However, the eligible employer must still report wages paid to its employees in its income tax return and payroll tax returns.

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Internal Revenue Service (IRS) Forms

Form 5316 is one of the official tax forms used in the United States to report income, claim deductions and credits, calculate tax liability, and fulfill other tax-related obligations. The IRS is the federal agency responsible for administering and enforcing the internal revenue laws in the United States.

Here are some examples of Internal Revenue Service forms:

Form 1040: This is the primary individual income tax return form used by most taxpayers. It is used to report various types of income, claim deductions and credits, calculate tax liability, and determine whether a taxpayer owes additional tax or is entitled to a refund.

Form 1099: There are different variations of Form 1099, such as 1099-MISC, 1099-INT, 1099-DIV, etc. These forms are used to report income received by individuals or businesses from various sources other than employment, such as self-employment income, interest income, dividend income, and rental income.

Form W-2: This form is used by employers to report wages paid to employees and the taxes withheld from their pay. Employees use the information on Form W-2 to complete their individual tax returns.

Form 941: Employers use this form to report employment taxes, including federal income tax withheld, Social Security tax, and Medicare tax, for their employees.

Form 1065: This form is used by partnerships to report their income, deductions, and tax liability. Partnerships themselves do not pay income tax; instead, the partners report their share of partnership income on their individual tax returns.

Form 1120: This is the corporate income tax return form used by C corporations to report their income, deductions, and tax liability.

Form 990: This form is used by tax-exempt organizations, such as nonprofits and charities, to report their financial information, activities, and compliance with tax laws.

Form 8862: This form is used by taxpayers who previously claimed the Earned Income Tax Credit (EITC) but had it disallowed, and now want to claim it again.

These are just a few examples of the numerous IRS forms that exist to fulfill various tax-related obligations. The specific forms required for an individual or business depend on their unique circumstances, income sources, and deductions. It's advisable to consult the official website of the Internal Revenue Service (www.irs.gov) or seek professional tax advice to obtain accurate and up-to-date information regarding the specific IRS forms relevant to your tax situation.

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