Determination, Opinion and Advisory Letters
The Employee Plans Determinations program issues determination letters for individually designed retirement plans and opinion and advisory letters for pre-approved retirement plans. There are many benefits to obtaining a favorable determination, opinion or advisory letter!
Retirement plans may be individually designed plans, drafted to meet the particular needs of an employer, or pre-approved plans (Master and Prototype (M&P) and Volume Submitter (VS) plans).
If the plan meets the form requirements of the Code, the IRS will issue a favorable:
- determination letter for an individually designed plan;
- opinion letter for a M&P plan; or
- advisory letter for a VS plan.
Update a Plan
Retirement plans must be periodically amended to comply with current law. The IRS provides many resources to help you keep your plan up-to-date.
Apply for a Letter
How, when and where to apply for a determination, opinion or advisory letter for a retirement plan.
Check the Status of Your Letter
How to check on the status of a determination, opinion or advisory letter application.
Learn the Scope and Benefit of a Favorable Letter
The extent to which you can rely on a favorable determination, opinion or advisory letter, and factors that may affect the status of your favorable letter.
Additional Resources
- Publication 794, Favorable Determination Letter
- Frequently Asked Questions (FAQs) on determination, opinion or advisory letter issues
- Submission kits for employers who missed the deadline to adopt a pre-approved EGTRRA plan
- Pre-Approved Plan Opinion and Advisory Letters - Revised Procedures – explains that Revenue Procedure 2011-49 supersedes prior procedures (Revenue Procedure 2005-16) and lists some key changes
- Additional Information/Helpful Links
