5305

Traditional Individual Retirement Trust Account

Agency
IRS
Revision
Rev. April 2017
Fillable fields
10
Pages
2
Official source
IRS form page
Checked
October 21, 2026
Fill 5305 online
Page 1 of form 5305

Form 5305: Traditional Individual Retirement Trust Account

Form 5305 is the Traditional Individual Retirement Trust Account agreement under section 408(a). The instructions call it a model trust account agreement that meets the requirements of section 408(a), and say only Articles I through VII have been reviewed by the IRS.

The form is an agreement between two parties: the grantor, the individual who establishes the account, and the trustee. The instructions say a traditional IRA is established after the form is fully executed by both, and that the account is created in the United States for the exclusive benefit of the grantor and his or her beneficiaries.

The form says "Do not file with the Internal Revenue Service." It is kept with your records. The instructions are printed on page 2. You can fill out Form 5305 free in your browser on this page and download the result without an account.

What's on Form 5305

Grantor and trustee details

Name, date of birth and address of the grantor, account number, an amendment checkbox, the trustee's name and address, and the dollar amount the grantor assigns to the trust in cash.

Articles I to III

Article I limits the contributions the trustee accepts, Article II says the grantor's interest is nonforfeitable, and Article III bars life insurance investments and commingling, and limits collectibles to what section 408(m)(3) permits.

Article IV: distributions

Distribution rules under section 408(a)(6), covering the required beginning date, distributions after the grantor's death and the required minimum distribution.

Articles V to VII

Article V covers the information and reports for the IRS, Article VI makes Articles I through III controlling, and Article VII covers amendments.

Article VIII and signatures

Space for any additional provisions, followed by the grantor's, trustee's and witness's signature and date lines.

How to fill out Form 5305

  1. 1

    Grantor details

    Enter the grantor's name, date of birth and address and the account number. Check the amendment box if this form amends an existing agreement.

  2. 2

    Trustee details

    Enter the trustee's name and its address or principal place of business. The form states the trustee has given the grantor the disclosure statement required by Regulations section 1.408-6.

  3. 3

    Amount assigned

    Enter the amount, in words and in dollars, that the grantor assigns to the trust in cash.

  4. 4

    Article VIII

    Add any extra provisions, or draw a line through the space if none are added. The form says added provisions comply with state law and the Internal Revenue Code and may not imply IRS review or pre-approval.

  5. 5

    Sign and date

    The grantor and the trustee sign and date. A witness signs only if a signature must be witnessed. Keep the signed form with your records.

Why fill Form 5305 on indox

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Where it goes and timing

Not filed with the IRS

The instructions say: "Do not file Form 5305 with the IRS. Instead, keep it with your records."

When the IRA exists

The instructions say a traditional IRA is established after the form is fully executed by both the grantor and the trustee.

Timing for a regular contribution

To make a regular contribution for a year, the instructions say the IRA is established no later than the due date (excluding extensions) of the individual's income tax return for that year.

Reports

Under Article V the grantor gives the trustee the information needed for reports, and the trustee submits to the IRS and the grantor the reports the IRS prescribes.

More information

The instructions point to Pub. 590-A and Pub. 590-B for more on IRAs, including the disclosures the trustee gives the grantor.

Who completes Form 5305?

  • The grantor

    The instructions define the grantor as the person who establishes the trust account. The grantor's name, date of birth and address go at the top of the form.

  • The trustee

    The instructions say the trustee is a bank or savings and loan association, as defined in section 408(n), or any person who has the approval of the IRS to act as trustee.

  • A nonworking spouse

    The instructions say Form 5305 may be used to establish the IRA trust for a nonworking spouse, with contributions made to a separate IRA trust account established by that spouse.

  • A witness, only when required

    The form has a witness signature line to use only if the signature of the grantor or the trustee is required to be witnessed.

The grantor and the trustee complete and sign the agreement together. Neither files it with the IRS.

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Questions about Form 5305

Do I send Form 5305 to the IRS?

No. The form says "Do not file with the Internal Revenue Service." The instructions say to keep it with your records.

Who can act as trustee?

The instructions say a bank or savings and loan association, as defined in section 408(n), or any person who has the approval of the IRS to act as trustee.

Did the IRS review the whole agreement?

No. The instructions say only Articles I through VII have been reviewed by the IRS. Article VIII and any that follow hold provisions agreed to by the grantor and trustee.

Can Form 5305 be used for a nonworking spouse?

Yes. The instructions say it may be used to establish the IRA trust for a nonworking spouse, with contributions made to a separate IRA trust account.

What contribution limit does Article I print?

The April 2017 revision says the trustee accepts cash contributions up to $5,500 per year for 2013 through 2017, or $6,500 for individuals who reached age 50, with cost-of-living increases after 2017. Rollovers and certain other contributions are excepted.

What can go in Article VIII?

The instructions give examples such as definitions, investment powers, voting rights, amendment and termination, removal of the trustee, trustee's fees and state law requirements.