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OK online Form 5305-A-SEP: What You Should Know

A plan which meets the requirements of the IRS and the Treasury regulations for establishing a new  plan can still be established using Form 5305-SEP. The IRS Form 5305 is an income tax return and therefore does not have any tax-free rollover of a 401(K) to an SEP-IRA. The IRS Taxpayer Bulletin (TB), October 2008, describes when an IRA is required to be an SEP for IRA purposes. The TAB will give you more information about the  issues arising from IRA rollovers to, and withdrawals from, SEP IRAs. The IRS has published an explanation of what an IRA rollover is for IRA purposes in the publication The IRS Can't Take Your Rollover IRA — IRS Publication 590-B : You need to provide your plan information to determine whether you meet the requirements that the IRS has set up for using an IRA as a 401(K) plan. However, I am not a 401(K) plan, which means I need to use IRS Form 5305-SEP to establish my SEP.

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