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

Fill out this form

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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Tax forms

Form 5316 is one of Tax forms that are documents used to report income, deductions, and tax liability to the relevant tax authority. These forms are an essential part of the tax filing process and are used to ensure individuals and businesses comply with tax laws and accurately calculate their tax obligations.

The specific tax forms required can vary depending on factors such as an individual's filing status, sources of income, and the country's tax laws. However, here are some common types of tax forms:

Individual Income Tax Forms: These forms, such as the 1040 series in the United States, are used by individuals to report their income, claim deductions and credits, and calculate their tax liability.

Business Tax Forms: Businesses, including sole proprietorships, partnerships, corporations, and self-employed individuals, may have to file various forms to report their income, expenses, and taxes owed. Examples include Schedule C (Profit or Loss from Business) and Form 1120 (U.S. Corporation Income Tax Return).

Employment Tax Forms: Employers are required to report employee wages and withhold and remit payroll taxes. Forms such as W-2 (Wage and Tax Statement) and 941 (Employer's Quarterly Federal Tax Return) are used for this purpose.

Investment and Retirement Account Forms: These forms are used to report investment income, capital gains, and losses, as well as contributions and distributions from retirement accounts. Examples include Form 1099-DIV (Dividends and Distributions) and Form 5498 (IRA Contribution Information).

Estate and Gift Tax Forms: When a person passes away or makes significant gifts, specific forms such as Form 706 (United States Estate (and Generation-Skipping Transfer) Tax Return) and Form 709 (United States Gift (and Generation-Skipping Transfer) Tax Return) are used to report and calculate any applicable estate or gift taxes.

It is important to note that tax laws and forms can change over time, so individuals and businesses should consult the relevant tax authority or seek professional tax advice to ensure compliance with the current requirements.

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