Internal Revenue Bulletin 2011-43 (PDF rendition): IRS Notices

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.

Bulletin No. 201
1-43
October 24, 2011
HIGHLIGHTS
OF THIS ISSUE
These synopses are intended only as aids to the reader in
identifying the subject matter covered. They may not be
relied upon as authoritative interpretations.
SPECIAL ANNOUNCEMENT
REG–116284–11, page 598.
Proposed regulations to the user fee regulations under Part
300 of the Code would establish a new user fee for individuals
to take the registered tax return preparer competency exam-
ination and a new user fee for certain persons to be finger-
printed in conjunction with the preparer tax identification num-
ber (PTIN), acceptance agent, and authorized e-file provider
programs.
Notice 2011–80, page 591.
This notice provides guidance to individuals who have or will
obtain a preparer tax identification number (PTIN), including a
provisional PTIN, or who become registered tax return prepar-
ers.
INCOME TAX
Rev. Rul. 2011–23, page 585.
Insurance companies; interest rate tables.Prevailing
state assumed interest rates are provided for the determina-
tion of reserves under section 807 of the Code for contracts
issued in 2010 and 2011. Rev. Rul. 92–19 supplemented in
part.
T.D. 9547, page 580.
Final regulations under section 179C of the Code provide rules
for the election to deduct 50 percent of the cost of any re-
finery property that meets the following requirements: (1) the
property is part of a qualified refinery; (2) the original use of
the property commences with the taxpayer within a specified
time period; (3) the property is placed in service by a speci-
fied date; (4) the property meets certain production capacity
requirements; (5) the property meets all applicable environmen-
tal laws; and (6) the property meets certain construction and
written binding contract requirements. The election is made by
entering the deduction claimed at the appropriate place on a
timely filed return for the taxable year in which the property is
placed in service, and attaching a report to that return.
REG–116284–11, page 598.
Proposed regulations to the user fee regulations under Part
300 of the Code would establish a new user fee for individuals
to take the registered tax return preparer competency exam-
ination and a new user fee for certain persons to be finger-
printed in conjunction with the preparer tax identification num-
ber (PTIN), acceptance agent, and authorized e-file provider
programs.
Notice 2011–80, page 591.
This notice provides guidance to individuals who have or will
obtain a preparer tax identification number (PTIN), including a
provisional PTIN, or who become registered tax return prepar-
ers.
Notice 2011–83, page 593.
This notice provides for the suspension of certain requirements
under section 42 of the Code for certain low-income housing
credit projects in order to provide emergency housing relief
needed as a result of the devastation in Pennsylvania caused by
either Hurricane Irene during the period of August 26, 2011, to
August 30, 2011, or Tropical Storm Lee beginning on Septem-
ber 3, 2011.
(Continued on the next page)
Finding Lists begin on page ii.

EMPLOYEE PLANS
Notice 2011–84, page 595.
Weighted average interest rate update; corporate bond
indices; 30-year Treasury securities; segment rates.
This notice contains updates for the corporate bond weighted
average interest rate for plan years beginning in October
2011; the 24-month average segment rates; the funding
transitional segment rates applicable for October 2011; and
the minimum present value transitional rates for September
2011.
ADMINISTRATIVE
REG–116284–11, page 598.
Proposed regulations to the user fee regulations under Part
300 of the Code would establish a new user fee for individuals
to take the registered tax return preparer competency exam-
ination and a new user fee for certain persons to be finger-
printed in conjunction with the preparer tax identification num-
ber (PTIN), acceptance agent, and authorized e-file provider
programs.
Notice 2011–80, page 591.
This notice provides guidance to individuals who have or will
obtain a preparer tax identification number (PTIN), including a
provisional PTIN, or who become registered tax return prepar-
ers.
October 24, 20112011–43 I.R.B.

The IRS Mission
Provide Americ
a’s taxpayers top-quality service by helping
them understa
nd and meet their tax responsibilities and en-
force the law wi
th integrity and fairness to all.
Introduction
The Internal Revenue Bulletin is the authoritative instrument of
the Commissioner of Internal Revenue for announcing official
rulings and procedures of the Internal Revenue Service and for
publishing Treasury Decisions, Executive Orders, Tax Conven-
tions, legislation, court decisions, and other items of general
interest. It is published weekly and may be obtained from the
Superintendent of Documents on a subscription basis. Bulletin
contents are compiled semiannually into Cumulative Bulletins,
which are sold on a single-copy basis.
It is the policy of the Service to publish in the Bulletin all sub-
stantive rulings necessary to promote a uniform application of
the tax laws, including all rulings that supersede, revoke, mod-
ify, or amend any of those previously published in the Bulletin.
All published rulings apply retroactively unless otherwise indi-
cated. Procedures relating solely to matters of internal man-
agement are not published; however, statements of internal
practices and procedures that affect the rights and duties of
taxpayers are published.
Revenue rulings represent the conclusions of the Service on the
application of the law to the pivotal facts stated in the revenue
ruling. In those based on positions taken in rulings to taxpayers
or technical advice to Service field offices, identifying details
and information of a confidential nature are deleted to prevent
unwarranted invasions of privacy and to comply with statutory
requirements.
Rulings and procedures reported in the Bulletin do not have the
force and effect of Treasury Department Regulations, but they
may be used as precedents. Unpublished rulings will not be
relied on, used, or cited as precedents by Service personnel in
the disposition of other cases. In applying published rulings and
procedures, the effect of subsequent legislation, regulations,
court decisions, rulings, and procedures must be considered,
and Service personnel and others concerned are cautioned
against reaching the same conclusions in other cases unless
the facts and circumstances are substantially the same.
The Bulletin is divided into four parts as follows:
Part I.—19
86 Code.
This part i
ncludes rulings and decisions based on provisions of
the Intern
al Revenue Code of 1986.
Part II.—Treaties and Tax Legislation.
This part is divided into two subparts as follows: Subpart A,
Tax Conventions and Other Related Items, and Subpart B, Leg-
islation and Related Committee Reports.
Part III.—Administrative, Procedural, and Miscellaneous.
To the extent practicable, pertinent cross references to these
subjects are contained in the other Parts and Subparts. Also
included in this part are Bank Secrecy Act Administrative Rul-
ings. Bank Secrecy Act Administrative Rulings are issued by
the Department of the Treasury’s Office of the Assistant Secre-
tary (Enforcement).
Part IV
.—Items of General Interest.
This par
t includes notices of proposed rulemakings, disbar-
ment an
d suspension lists, and announcements.
The last Bulletin for each month includes a cumulative index
for the matters published during the preceding months. These
monthly indexes are cumulated on a semiannual basis, and are
published in the last Bulletin of each semiannual period.
The c
ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate.
For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402.
2011–43 I.R.B.October 24, 2011

October 24, 20112011–43 I.R.B.

Part I. Rulings
and Decisions Under the Internal Revenue Code
of 1986
Section 179.—
Election to
Expense Certa
in Refineries
26 CFR 1.179C–1: Election to expense certain re-
fineries.
T.D. 9547
Election to Expense Certain
Refineries
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final regulations and removal
of temporary regulations.
SUMMARY: This document provides fi-
nal regulations relating to the election to
expense qualified refinery property under
section 179C of the Internal Revenue Code
(Code). These final regulations adopt the
temporary regulations with certain modifi-
cations to reflect changes to the law made
by the Energy Improvement and Extension
Act of 2008.
DATES:Effective Date:These regulations
are effective August 22, 2011.
FOR FURTHER INFORMATION
CONTACT: Philip Tiegerman (202)
622–3110 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Paperwork Reduction Act
The col
lection of information contained
in the
se regulations has been reviewed
and ap
proved by the Office of Manage-
ment a
nd Budget in accordance with
the Pa
perwork Reduction Act of 1995
(44 U.
S.C. 3507(d)) under control number
(154
5–2103). Responses to this collection
of in
formation are mandatory.
An ag
ency may not conduct or sponsor,
and a
person is not required to respond
to, a
collection of information unless the
coll
ection of information displays a valid
OMB c
ontrol number.
Book
s or records relating to a collection
of in
formation must be retained as long
as t
heir contents may become material in
the
administration of any internal revenue
law. Generall
y, tax returns and tax return
information a
re confidential, as required
by 26 U.S.C. 61
03.
Background
Section 179C w
as added to the Code by
section 1323
(a)oftheEnergyPolicyActof
2005, Public
Law 109–58 (119 Stat. 594),
to encourage
the construction of new re-
fineries and
the expansion of existing re-
fineries to e
nhance the nation’s refinery ca-
pacity. Sec
tion 179C(a) allows a taxpayer
to elect to d
educt as an expense 50 percent
of the cost o
f any qualified refinery prop-
erty. The re
maining 50 percent of the tax-
payer’s qu
alifying expenditures generally
are recove
red under section 168 and sec-
tion 179B,
if applicable. All costs properly
capitaliz
ed into qualified refinery property
are inclu
dable in the cost of the qualified
refinery
property.
As origin
ally enacted, section
179C(c)(
1)(B) required that qualified re-
finery pr
operty be placed in service by
ataxpaye
r after August 8, 2005, and
before J
anuary 1, 2012. Under section
179C(c)
(1)(F) as originally enacted, (i)
the cons
truction of the property must
have bee
n subject to a written binding
constru
ction contract entered into be-
fore Ja
nuary 1, 2008, (ii) the property
must ha
ve been placed in service before
Januar
y 1, 2008, or (iii) in the case of
self-c
onstructed property, the construction
of the p
roperty must have begun after
June 14
, 2005, and before January 1, 2008.
Secti
on 179C(d)(1) originally required
that a
qualified refinery be designed to
serve
the primary purpose of processing
liqui
d fuel from crude oil or qualified fuels
(as de
fined in section 45K(c)). Under
sect
ion 179C(e) as originally enacted,
qual
ifiedrefinerypropertymusthave
enab
led the existing qualified refinery to
incr
ease total volume output (determined
with
out regard to asphalt or lube oil) by 5
per
cent or more on an average daily basis
or t
o process qualified fuels (as defined
in s
ection 45K(c)) at a rate that is equal
to o
r greater than 25 percent of the total
thr
oughput of the qualified refinery on an
ave
rage daily basis.
Section 209 of
the Energy Improve-
ment and Exten
sion Act of 2008 (the
“2008 Act”), D
ivision B, Public Law
110–343 (122
Stat. 3765), amended sec-
tion 179C in s
everal respects. The 2008
Act extended
the placed in service date of
section 179C
(c)(1)(B) to January 1, 2014.
In addition
, the 2008 Act amended section
179C(c)(1)
(F) to provide that (i) the con-
struction o
f the property must be subject
to a written
binding construction contract
entered int
o before January 1, 2010, (ii)
the proper
ty must be placed in service be-
fore Janua
ry 1, 2010, or (iii) in the case of
self-cons
tructed property, the construction
of the prop
erty must begin after June 14,
2005, and
before January 1, 2010.
Effective
for property placed in ser-
vice afte
r October 3, 2008, the 2008
Act amend
ed the definition of “qualified
refinery
” under section 179C(d)(1) to in-
clude a re
finery that is designed to serve
the prima
ry purpose of processing liquid
fuel dir
ectly from shale or tar sands, and
expande
d the production capacity require-
ment of s
ection 179C(e)(2) to include
propert
y that enables the existing qualified
refine
ry to process shale or tar sands.
On July 9
, 2008, the Treasury De-
partme
nt and the IRS published in the
Federa
lRegistertemporary regula-
tions (
T.D. 9412, 2008–2 C.B. 687
[73 FR 3
9230]) and a notice of
propos
ed rulemaking (REG–146895–05,
2008–
2 C.B. 700 [73 FR 39270]) by
cross
-reference to temporary regulations.
A publ
ic hearing was scheduled for
Novem
ber 20, 2008. The public hearing
was ca
ncelledonNovember6,2008(73
FR 66
001) because no written comments
or re
quests to speak were received.
The t
emporary regulations and pro-
pose
d regulations are hereby removed and
the f
inal regulations adopt the rules of
the t
emporary and proposed regulations
with
certain revisions, described below, to
refl
ect amendments to the statute made by
the
2008 Act.
2011–43 I.R.B.580October 24, 2011

Explanation of Provisions
Placed in Service and Construction and
Written Binding Contract Requirements
Section1.179C–1T(b)(4)and
§1.179C–1T(b)(7)(i)(A) of the temporary
regulations required that qualified refin-
ery property be placed in service by the
taxpayer after August 8, 2005, and before
January 1, 2012. Section 1.179C–1(b)(4)
and §1.179C–1(b)(7)(i)(A) of the final
regulations provide that the property must
be placed in service after August 8, 2005,
and before January 1, 2014.
Section 1.179C–1T(b)(7)(iii) of the
temporary regulations provided that the
manufacture, construction, or produc-
tion of self-constructed property must
begin before January 1, 2008. Under
§1.179C–1(b)(7)(iii) of the final regula-
tions, the manufacture, construction, or
production of self-constructed property
must begin before January 1, 2010.
Under §1.179C–1T(b)(7)(iii)(C) of
the temporary regulations, a compo-
nent of self-constructed property had
to be acquired or self-constructed be-
fore January 1, 2008, in order to qualify
as qualified refinery property. Section
1.179C–1(b)(7)(iii)(C) of the final regula-
tions provides that the component must be
acquired or self-constructed before Jan-
uary 1, 2010.
Qualified Refinery Property
Section 1.179C–1T(b)(2)(i) of the
temporary regulations provided that a
qualified refinery is any refinery located
in the United States that is designed to
serve the primary purpose of processing
crude oil or qualified fuels. The final reg-
ulations add new §1.179C–1(b)(2)(i)(A)
and new §1.179C–1(b)(2)(i)(B). Section
1.179C–1(b)(2)(i)(A) of the final regula-
tions provides that in the case of property
placed in service after August 8, 2005,
and on or before October 3, 2008, a quali-
fied refinery is any refinery located in the
United States that is designed to serve the
primary purpose of processing liquid fuel
from crude oil or qualified fuels. Section
1.179C–1(b)(2)(i)(B) of the final regula-
tions provides that, in the case of property
placed in service after October 3, 2008,
and before January 1,2014, a qualified re-
finery is any refinery located in the United
States that is designed to serve the primary
purpose of processing liquid fuel from
crude oil, qualified fuels, or directly from
shale or tar sands.
Production Capacity
Section 1.179C–1T(b)(5)(i) of the tem-
porary regulations generally provided that
refinery property is considered to be qual-
ified refinery property if (A) it enables the
existing qualified refinery to increase the
total volume output by at least 5 percent on
an average daily basis; or (B) it enables the
existing qualified refinery to increase the
percentage of total throughput attributable
to processing qualified fuels to a rate that
is at least 25 percent of the total throughput
on an average daily basis. The final regu-
lations, in §1.179C–1(b)(5)(i), modify this
definition to provide generally that refin-
ery property is considered to be qualified
refinery property if (A) it enables the ex-
isting qualified refinery to increase the to-
tal volume output by at least 5 percent on
an average daily basis; (B) in the case of
property placed in service after August 8,
2005, and on or before October 3, 2008,
it enables the existing qualified refinery to
increase the percentage of total throughput
attributable to processing qualified fuels to
a rate that is at least 25 percent of the to-
tal throughput on an average daily basis;
or (C) in the case of property placed in ser-
vice after October 3, 2008, and before Jan-
uary 1, 2014, it enables the existing quali-
fied refinery to increase the percentage of
total throughput attributable to processing
shale, tar sands, or qualified fuels to a rate
that is at least 25 percent of total through-
put on an average daily basis.
Effective/Applicability Date
This section is applicable for taxable
years ending on or after August 22, 2011.
For taxable years ending before August 22,
2011, taxpayers may apply the proposed
regulations published on July 9, 2008, or,
in the alternative, may apply these final
regulations.
Special Analyses
It has been determined that this Trea-
sury decision is not a significant regula-
tory action as defined in Executive Order
12866 as supplemented by Executive Or-
der 13563. The collections of information
in §1.179–1(d)(2), (e)(2), and (f) are re-
quired by section 179C(b), (g), and (h), re-
spectively, and, therefore, are not imposed
by these regulations. Accordingly, they are
not subject to the Regulatory Flexibility
Act. Only the collection of information in
§1.179–1(d)(3), regarding the revocation
of an election under section 179C(a), is im-
posed by these regulations. It is hereby
certified that the collection of information
contained in §1.179–1(d)(3) of the reg-
ulations will not have a significant eco-
nomic impact on a substantial number of
small entities. This certification is based
upon the fact that although most of the 12
taxpayers who potentially could or would
make an election under section 179C(a)
will be small entities, it is expected that
few, if any, of those 12 taxpayers once hav-
ing made the election will choose to revoke
it. Therefore, the collection of informa-
tion will not affect a substantial number of
small entities. The information required to
revoke an election under section 179C(a)
consists entirely of a portion of the infor-
mation required to make the election. Con-
sequently, the economic burden for those
taxpayers who choose to revoke the elec-
tion is minimal in nature and the regula-
tions do not impose any burden in addition
to the burden associated with making the
election. Therefore,a regulatory assess-
ment is not required. It also has been deter-
mined that section 553(b) of the Adminis-
trative Procedure Act (5 U.S.C. chapter 6)
does not apply to these regulations.
Drafting Information
The principal author of these regu-
lations is Philip Tiegerman, Office of
Associate Chief Counsel (Passthroughs
and Special Industries).However,
other personnel from the IRS and
Treasury Department participated in their
development.
*****
Adoption of Amendments to the
Regulations
Accordingly 26, CFR parts 1 and 602
are amended as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority for part 1
continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
October 24, 20115812011–43 I.R.B.

Par. 2. Section 1.179C–1 is added to
read as follows:
§1.179C–1 Election to expense certain
refineries.
(a)Scope and definitions—(1)Scope.
This section provides the rules for deter-
mining the deduction allowable under sec-
tion 179C(a) for the cost of any qualified
refinery property. The provisions of this
section apply only to a taxpayer that elects
to apply section 179C in the manner pre-
scribed under paragraph (d) of this section.
(2)Definitions. For purposes of section
179C and this section, the following defi-
nitions apply:
(i)Applicable environmental lawsare
any applicable federal, state, or local en-
vironmental laws.
(ii)Qualified fuelshas the meaning set
forthinsection45K(c).
(iii)Costis the unadjusted depreciable
basis (as defined in §1.168(b)–1(a)(3), but
without regard to the reduction in basis for
any portion of the basis the taxpayer prop-
erly elects to treat as an expense under sec-
tion 179C and this section) of the property.
(iv)Throughputisavolumetricrate
measuring the flow of crude oil, qualified
fuels, or, in the case of property placed
in service after October 3, 2008, and be-
fore January 1, 2014, shale or tar sands,
processed over a given period of time,
typically referenced on the basis of barrels
per calendar day.
(v)Barrels per calendar dayis the
amount of fuels that a facility can process
under usual operating conditions, ex-
pressed in terms of capacity during a
24-hour period and reduced to account for
down time and other limitations.
(vi)United Stateshas the same mean-
ing as that term is defined in section
7701(a)(9).
(b)Qualified refinery property—(1)In
general. Qualified refinery property is any
property that meets the requirements set
forth in paragraphs (b)(2) through (b)(7) of
this section.
(2)Description of qualified refinery
property—(i)In general. Property that
comprises any portion of a qualified re-
finery may be qualified refinery property.
For purposes of section 179C and this
section, a qualified refinery is any refinery
located in the United States that —
(A) In the case of property placed in ser-
vice after August 8, 2005, and on or before
October 3, 2008, is designed to serve the
primary purpose of processing liquid fuel
from crude oil or qualified fuels; or
(B) In the case of property placed in
service after October 3, 2008, and before
January 1, 2014, is designed to serve the
primary purpose of processing liquid fuel
from crude oil, qualified fuels, or directly
from shale or tar sands.
(ii)Nonqualified refinery property.Re-
finery property is not qualified refinery
property for purposes of this paragraph
(b)(2) if—
(A) The primary purpose of the refinery
property is for use as a topping plant, as-
phalt plant, lube oil facility, crude or prod-
uct terminal, or blending facility; or
(B) The refinery property is built solely
to comply with consent decrees or projects
mandated by Federal, State, or local gov-
ernments.
(3)Original use—(i)In general.For
purposes of the deduction allowable under
section 179C(a), refinery property will
meet the requirements of this paragraph
(b)(3) if the original use of the property
commences with the taxpayer. Except as
provided in paragraph (b)(3)(ii) of this
section, original use means the first use to
which the property is put, whether or not
that use corresponds to the use of the prop-
erty by the taxpayer. Thus, if a taxpayer
incurs capital expenditures to recondition
or rebuild property acquired or owned by
the taxpayer, only the capital expenditures
incurred by the taxpayer to recondition or
rebuild the property acquired or owned
by the taxpayer satisfy the original use
requirement. However, the cost of recon-
ditioned or rebuilt property acquired by a
taxpayer does not satisfy the original use
requirement. Whether property is recon-
ditioned or rebuilt property is a question
of fact. For purposes of this paragraph
(b)(3)(i), acquired or self-constructed
property that contains used parts will be
treated as reconditioned or rebuilt only if
the cost of the used parts is more than 20
percent of the total cost of the property.
(ii)Sale-leaseback. If any new por-
tion of a qualified refinery is originally
placed in service by a person after Au-
gust 8, 2005, and is sold to a taxpayer and
leased back to the person by the taxpayer
within three months after the date the prop-
erty was originally placed in service by the
person, the taxpayer-lessor is considered
the original user of the property.
(4)Placed-in-service date—(i)In gen-
eral. Refinery property will meet the re-
quirements of this paragraph (b)(4) if the
property is placed in service by the tax-
payer after August 8, 2005, and before Jan-
uary 1, 2014.
(ii)Sale-leaseback. If a new portion
of refinery property is originally placed in
service by a person after August 8, 2005,
and is sold to a taxpayer and leased back
to the person by the taxpayer within three
months after the date the property was
originally placed in service by the person,
the property is treated as originally placed
in service by the taxpayer-lessor not earlier
than the date on which the property is used
by the lessee under the leaseback.
(5)Production capacity—(i)In gen-
eral. Refinery property is considered
qualified refinery property if—
(A) It enables the existing qualified re-
finery to increase the total volume output,
determined without regard to asphalt or
lube oil, by at least 5 percent on an aver-
age daily basis;
(B) In the case of property placed in ser-
vice after August 8, 2005, and on or be-
fore October 3, 2008, it enables the exist-
ingqualifiedrefinerytoincreasetheper-
centage of total throughput attributable to
processing qualified fuels to a rate that is
at least 25 percent of total throughput on
an average daily basis; or
(C) In the case of property placed in ser-
vice after October 3, 2008, and before Jan-
uary 1, 2014, it enables the existing quali-
fied refinery to increase the percentage of
total throughput attributable to processing
qualified fuels, shale, or tar sands to a rate
that is at least 25 percent of total through-
put on an average daily basis.
(ii)When production capacity is tested.
The production capacity requirement of
this paragraph (b)(5) is determined as of
the date the property is placed in service by
the taxpayer. Any reasonable method may
be used to determine the appropriate base-
line for measuring capacity increases and
to demonstrate and substantiate that the ca-
pacity of the existing qualified refinery has
been sufficiently increased.
(iii)Multi-stage projects. In the case
of multi-stage projects, a taxpayer must
satisfy the reporting requirements of para-
graph (f)(2) of this section, sufficient to
establish that the production capacity re-
2011–43 I.R.B.582October 24, 2011

quirements of this paragraph (b)(5) will be
met as a result of the taxpayer’s overall
plan.
(6)Applicable environmental laws—(i)
In general. The environmental compli-
ance requirement applies only with respect
to refinery property, or any portion of re-
finery property, that is placed in service
after August 8, 2005. A refinery’s failure
to meet applicable environmental laws
with respect to a portion of the refinery
that was in service prior to August 8, 2005
will not disqualify a taxpayer from making
the election under section 179C(a) with
respect to otherwise qualifying refinery
property.
(ii)Waiver under the Clean Air Act.
Refinery property must comply with the
Clean Air Act, notwithstanding any waiver
received by the taxpayer under that Act.
(7)Construction of property—(i)In
general. Qualified property will meet the
requirements of this paragraph (b)(7) if no
written binding contract for the construc-
tion of the property was in effect before
June 14, 2005, and if—
(A) The construction of the property is
subject to a written binding contract en-
tered into before January 1, 2010;
(B) The property is placed in service
before January 1, 2010; or
(C) In the case of self-constructed prop-
erty, the construction of the property began
after June 14, 2005, and before January 1,
2010.
(ii)Definition of binding contract—(A)
In general. A contract is binding only if it
is enforceable under state law against the
taxpayer or a predecessor, and does not
limit damages to a specified amount (for
example, by use of a liquidated damages
provision). For this purpose, a contractual
provision that limits damages to an amount
equal to at least 5 percent of the total con-
tract price will not be treated as limiting
damages to a specified amount. In deter-
mining whether a contract limits damages,
the fact that there may be little or no dam-
ages because the contract price does not
significantly differ from fair market value
will not be taken into account.
(B)Conditions. A contract is binding
even if subject to a condition, as long as the
condition is not within the control of either
party or the predecessor of either party. A
contract will continue to be binding if the
parties make insubstantial changes in its
terms and conditions, or if any term is to be
determined by a standard beyond the con-
trol of either party. A contract that imposes
significant obligations on the taxpayer or
a predecessor will be treated as binding,
notwithstanding the fact that insubstantial
terms remain to be negotiated by the par-
ties to the contract.
(C)Options.Anoptiontoeitheracquire
or sell property is not a binding contract.
(D)Supply agreements. A binding con-
tract does not include a supply or similar
agreement if the payment amount and de-
sign specification of the property to be pur-
chased have not been specified.
(E)Components. A binding contract to
acquire one or more components of a larger
property will not be treated as a binding
contract to acquire the larger property. If
a binding contract to acquire a compo-
nent does not satisfy the requirements of
this paragraph (b)(7), the component is not
qualified refinery property.
(iii)Self-constructed property—(A)In
general. Except as provided in paragraph
(b)(7)(iii)(B) of this section, if a taxpayer
manufactures, constructs, or produces
property for use by the taxpayer in its
trade or business (or for the production
of income by the taxpayer), the construc-
tion of property rules in this paragraph
(b)(7) are treated as met for qualified
refinery property if the taxpayer begins
manufacturing, constructing, or produc-
ing the property after June 14, 2005,
and before January 1, 2010. Property
that is manufactured, constructed, or
produced for the taxpayer by another
person under a written binding contract
(as defined in paragraph (b)(7)(ii) of this
section) that is entered into prior to the
manufacture, construction, or production
of the property for use by the taxpayer in its
trade or business (or for the production of
income) is considered to be manufactured,
constructed, or produced by the taxpayer.
(B)When construction begins.For
purposes of this paragraph (b)(7)(iii), con-
struction of property generally begins
when physical work of a significant nature
begins. Physical work does not include
preliminary activities such as planning
or designing, securing financing, explor-
ing, or researching.The determination of
when physical work of a significant nature
begins depends on the facts and circum-
stances.
(C)Components of self-constructed
property—(1)Acquired components.Ifa
binding contract (as defined in paragraph
(b)(7)(ii) of this section) to acquire a com-
ponent of self-constructed property is in
effect on or before June 14, 2005, the com-
ponent does not satisfy the requirements
of paragraph (b)(7)(i) of this section, and
is not qualified refinery property. How-
ever, if construction of the self-constructed
property begins after June 14, 2005, the
self-constructed property may be quali-
fied refinery property if it meets all other
requirements of section 179C and this
section (including paragraph (b)(7)(i) of
this section), even though the component
is not qualified refinery property. If the
construction of self-constructed property
begins before June 14, 2005, neither the
self-constructed property nor any com-
ponent related to the self-constructed
property is qualified refinery property.
If the component is acquired before Jan-
uary 1, 2010, but the construction of
the self-constructed property begins af-
ter December 31, 2009, the component
may qualify as qualified refinery property
even if the self-constructed property is not
qualified refinery property.
(2)Self-constructed components.If
the manufacture, construction, or pro-
duction of a component fails to meet
any of the requirements of paragraph
(b)(7)(iii) of this section, the component
is not qualified refinery property. How-
ever, if the manufacture, construction,
or production of a component fails to
meet any of the requirements provided in
paragraph (b)(7)(iii) of this section, but
the construction of the self-constructed
property begins after June 14, 2005, the
self constructed property may qualify as
qualified refinery property if it meets all
other requirements of section 179C and
this section (including paragraph (b)(7)(i)
of this section). If the construction of the
self-constructed property begins before
June 14, 2005, neither the self-constructed
property nor any components related to
the self-constructed property are qualified
refinery property. If the component was
self-constructed before January 1, 2010,
but the construction of the self-constructed
property begins after December 31,
2009, the component may qualify as
qualified refinery property, although the
self-constructed property is not qualified
refinery property.
(c)Computation of expense deduction
for qualified refinery property. In general,
October 24, 20115832011–43 I.R.B.

the allowable deduction under paragraph
(d) of this section for qualified refinery
property is determined by multiplying by
50 percent the cost of the qualified refinery
property paid or incurred by the taxpayer.
(d)Election—(1)In general.Atax-
payer may make an election to deduct as an
expense 50 percent of the cost of any qual-
ified refinery property. A taxpayer making
this election takes the 50 percent deduction
for the taxable year in which the qualified
refinery property is placed in service.
(2)Time and Manner for making elec-
tion—(i)Time for making election.An
election specified in this paragraph (d)
generally must be made not later than the
duedate(includingextensions) for filing
the original Federal income tax return for
the taxable year in which the qualified
refinery property is placed in service by
the taxpayer.
(ii)Manner of making election.The
taxpayer makes an election under section
179C(a) and this paragraph (d) by entering
the amount of the deduction at the appro-
priate place on the taxpayer’s timely filed
original Federal income tax return for the
taxable year in which the qualified refin-
ery property is placed in service, and at-
taching a report as specified in paragraph
(f) of this section to the taxpayer’s timely
filed original federal income tax return for
the taxable year in which the qualified re-
finery property is placed in service.
(3)Revocation of Election—(i)In gen-
eral. An election made under section
179C(a) and this paragraph (d), and any
specification contained in such election,
may not be revoked except with the con-
sent of the Commissioner of Internal
Revenue.
(ii)Revocation prior to the revocation
deadline. A taxpayer is deemed to have
requested, and to have been granted, the
consent of the Commissioner to revoke
an election under section 179C(a) and this
paragraph (d) if the taxpayer revokes the
election before the revocation deadline.
The revocation deadline is 24 months af-
ter the due date (including extensions)
for filing the taxpayer’s Federal income
return for the taxable year for which the
election applies. An election under section
179C(a) and this paragraph (d) is revoked
by attaching a statement to an amended
return for the taxable year for which the
election applies. The statement must spec-
ify the name and address of the refinery for
which the election applies and the amount
deducted on the taxpayer’s original Fed-
eral income tax return for the taxable year
for which the election applies.
(iii)Revocation after the revocation
deadline. An election under section
179C(a) and this paragraph (d) may not be
revoked after the revocation deadline. The
revocation deadline may not be extended
under §301.9100–1.
(iv)Revocation by cooperative tax-
payer. A taxpayer that has made an elec-
tion to allocate the section 179C deduc-
tion to cooperative owners under section
179C(g) and paragraph (e) of this section
may not revoke its election under section
179C(a).
(e)Election to allocate section 179C
deduction to cooperative owners—(1)In
general. If a cooperative taxpayer makes
an election under section 179C(g) and this
paragraph (e), the cooperative taxpayer
may elect to allocate all, some, or none
of the deduction allowable under section
179C(a) for that taxable year to the coop-
erative owner(s). This allocation is equal
to the cooperative owner(s)’ ratable share
of the total amount allocated, determined
on the basis of each cooperative owner’s
ownership interest in the cooperative tax-
payer. For purposes of this section, a
cooperative taxpayer is an organization to
which part I of subchapter T applies, and
in which another organization to which
part I of subchapter T applies (cooperative
owner) directly holds an ownership inter-
est. No deduction shall be allowed under
section 1382 for any amount allocated
under this paragraph (e).
(2)Time and Manner for making elec-
tion—(i)Time for making election.Aco-
operative taxpayer must make the election
under section 179C(g) and this paragraph
(e) by the due date (including extensions)
for filing the cooperative taxpayer’s origi-
nal Federal income tax return for the tax-
able year to which thecooperative tax-
payer’s election under section 179C(a) and
paragraph (d) of this section applies.
(ii)Manner of making election.An
election under this paragraph (e) is made
by attaching to the cooperative taxpayer’s
timely filed Federal income tax return for
the taxable year (including extensions) to
which the cooperative taxpayer’s election
under section 179C(a) and paragraph (d) of
this section applies a statement providing
the following information:
(A) The name and taxpayer identifica-
tion number of the cooperative taxpayer.
(B) The amount of the deduction allow-
able to the cooperative taxpayer for the
taxable year to which the election under
section 179C(a) and paragraph (d) of this
section applies.
(C) The name and taxpayer identifica-
tion number of each cooperative owner to
which the cooperative taxpayer is allocat-
ing all or some of the deduction allowable.
(D) The amount of the allowable deduc-
tion that is allocated to each cooperative
owner listed in paragraph (e)(2)(ii)(C) of
this section.
(3)Written notice to owners. If any por-
tion of the deduction allowable under sec-
tion 179C(a) is allocated to a cooperative
owner, the cooperative taxpayer must no-
tify the cooperative owner of the amount
of the deduction allocated to the cooper-
ative owner in a written notice, and on
Form 1099–PATR, “Taxable Distributions
Received from Cooperatives.” This notice
must be provided on or before the due date
(including extensions) of the cooperative
taxpayer’s original federal income tax re-
turn for the taxable year for which the co-
operative taxpayer’s election under section
179C(a) and paragraph (d) of this section
applies.
(4)Irrevocable Election. A section
179C(g) election, once made, is irrevoca-
ble.
(f)Reporting requirement—(1)In gen-
eral. A taxpayer may not claim a deduc-
tion under section 179C(a) for any taxable
year unless the taxpayer files a report with
the Secretary containing information with
respect to the operation of the taxpayer’s
refineries.
(2)Informationtobeincludedinthe
report. The taxpayer must specify—
(i) The name and address of the refin-
ery;
(ii) Under which production capacity
requirement under section 179C(e) and
paragraph (b)(5)(i)(A), (B), and (C) of this
section the taxpayer’s qualified refinery
qualifies;
(iii) Whether the refinery is qualified re-
finery property under section 179C(d) and
paragraph (b)(2) of this section, sufficient
to establish that the primary purpose of the
refinery is to process liquid fuel from crude
oil, qualified fuels, or directly from shale
or tar sands.
2011–43 I.R.B.584October 24, 2011

(iv) The total cost basis of the qualified
refinery property at issue for the taxpayer’s
current taxable year; and
(v) The depreciation treatment of the
capitalized portion of thequalified refinery
property.
(3)Time and Manner for submitting re-
port—(i)Time for submitting report.The
taxpayer is required to submit the report
specified in this paragraph (f) not later than
the due date (including extensions) of the
taxpayer’s Federal income tax return for
the taxable year in which the qualified re-
finery property is placed in service.
(ii)Manner of submitting report.The
taxpayer must attach the report specified in
this paragraph (f) to the taxpayer’s timely
filed original Federal income tax return for
the taxable year in which the qualified re-
finery property is placed in service.
(g)Effective/applicability date.This
section is applicable for taxable years end-
ing on or after August 22, 2011. For tax-
able years ending before August 22, 2011,
taxpayers may apply the proposed regula-
tions published on July 9, 2008, or, in the
alternative, may apply these final regula-
tions.
§1.179C–1T [Removed]
Par. 3. Section 1.179C–1T is removed.
PART 602—OMB CONTROL
NUMBERS UNDER THE PAPERWORK
REDUCTION ACT
Par. 4. The authority citation for part
602 continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * *
Par. 5. In §602.101, paragraph (b) is
amended by adding the following entry in
numerical order to the table to read as fol-
lows:
§602.101 OMB control numbers.
*****
(b) * * *
CFR part or se
ction where
identified
and described
Current OMB
Control No.
*****
1.179C–1...........................................................
1545–2103
*****
Steven T. Miller,
Deputy Commissioner for
Services and Enforcement.
Approved August 9, 2011.
Emily S. Mc
Mahon,
(Acting) A
ssistant Secretary
of the Trea
sury (Tax Policy).
(Filed by t
he Office of the Federal Register on August 22,
2011, 8:45 a.m., and published in the issue of the Federal
Register for August 23, 2011, 76 F.R. 52556)
Section 807.—Rules for
Certain Reserves
Insurance companies; interest rate
tables.Prevailing state assumed interest
rates are provided for the determination of
reserves under section 807 of the Code for
contracts issued in 2010 and 2011. Rev.
Rul. 92–19 supplemented in part.
Rev. Rul
. 2011–23
For purposes of § 807(d)(4) of the In-
ternal Revenue Code, for taxable years be-
ginning after December 31, 2009, this rul-
ing supplements the schedules of prevail-
ing state assumed interest rates set forth
in Rev. Rul. 92–19, 1992–1 C.B. 227.
This information is to be used by insurance
companies in computing their reserves for
(1) life insurance and supplementary total
and permanent disability benefits, (2) in-
dividual annuities and pure endowments,
and (3) group annuities and pure endow-
ments. As § 807(d)(2)(B) requires that the
interest rate used to compute these reserves
be the greater of (1) the applicable federal
interest rate, or (2) the prevailing state as-
sumed interest rate, the table of applicable
federal interest rates in Rev. Rul. 92–19 is
also supplemented.
Following are supplements to schedules
A, B, C, and D to Part III of Rev. Rul.
92–19, providing prevailing state assumed
interest rates for insurance products with
different features issued in 2010 and 2011,
and a supplement to the table in Part IV of
Rev. Rul. 92–19, providing the applica-
ble federal interest rates under § 807(d) for
2010 and 2011. This ruling does not sup-
plement Parts I and II of Rev. Rul. 92–19.
This is the nineteenth supplement to the
interest rates provided in Rev. Rul. 92–19.
Earlier supplements were published in
Rev. Rul. 93–58, 1993–2 C.B. 241 (inter-
est rates for insurance products issued in
1992 and 1993); Rev. Rul. 94–11, 1994–1
C.B. 196 (1993 and 1994); Rev. Rul.
95–4, 1995–1 C.B. 141 (1994 and 1995);
Rev. Rul. 96–2, 1996–1 C.B. 141 (1995
and 1996); Rev. Rul. 97–2, 1997–1 C.B.
134 (1996 and 1997); Rev. Rul. 98–2,
1998–1 C.B. 259 (1997 and 1998); Rev.
Rul. 99–10, 1999–1 C.B. 671 (1998 and
1999); Rev. Rul. 2000–17, 2000–1 C.B.
842 (1999 and 2000); Rev. Rul. 2001–11,
2001–1 C.B. 780 (2000 and 2001); Rev.
Rul. 2002–12, 2002–1 C.B. 624 (2001 and
2002); Rev. Rul. 2003–24, 2003–1 C.B.
557 (2002 and 2003); Rev. Rul. 2004–14,
2004–1 C.B. 511 (2003 and 2004); Rev.
Rul. 2005–29, 2005–1 C.B. 1080 (2004
and 2005); Rev. Rul. 2006–25, 2006–1
C.B. 882 (2005 and 2006); Rev. Rul.
2007–10, 2007–1 C.B. 660 (2006 and
2007); Rev. Rul. 2008–19, 2008–1 C.B.
669 (2007 and 2008); Rev. Rul. 2009–3,
2009–5 I.R.B. 382 (2008 and 2009); and
Rev. Rul. 2010–7, 2010–8 I.R.B. 417
(2009 and 2010).
October 24, 20115852011–43 I.R.B.

Part III. Prevailing State Assumed Interest Rates — Products Issued in Years After 1982.*
Schedule A
STATUTORY VALUATION INTEREST RATES
BASED ON THE 1980 AMENDMENTS TO THE
N
AICSTANDARDVALUATIONLAW
A. Life insurance valuation:
G
uaranteeDuration(years)
Calendar Year of Issue
2
011
10 or fewer
4.50**
More than 10
but not more than 204.25**
More than 204.00**
Source: Rates calculated from the monthly averages, ending June 30, 2010, of Moody’s Composite Yield on Seasoned Corporate
Bonds.
* The terms used in the schedules in this ruling and in Part IIIof Rev. Rul. 92–19 are those used in the Standard Valuation
Law; the terms are defined in Rev. Rul. 92–19.
** As these rates exceed the applicable federal interest rate for 2011of 3.46 percent, the valuation interest rate to be used for this
product under § 807 is the applicable rate specified in this table.
2011–43 I.R.B.586October 24, 2011

Part III, Schedule B
STATUTORY VALUATION INTEREST RATES
BASED ON THE 1980 AMENDMENTS TO THE
N
AICSTANDARDVALUATIONLAW
B. Single premium immediate annuities and annuity benefits involving life contingencies arising from other annuities with cash
settlement options and from guaranteed interest contracts with cash settlement options:
C
alendarYearofIssueValuationInterestRate
2010
5.25*
Source: Rates calculated from the monthly averages, ending June 30, 2010, of Moody’s Composite Yield on Seasoned Corporate
Bonds (formerly known as Moody’s Corporate Bond Yield Average — Monthly Average Corporates). The terms used in this
schedule are those used in the Standard Valuation Law as defined in Rev. Rul. 92–19.
*As this prevailing state assumed interest exceeds the applicable federal interest rate for 2010 of 3.81 percent, the valuation
interest rate of 5.25 percent is to be used for this product under § 807.
October 24, 20115872011–43 I.R.B.

Part III, Schedule C24 — 2010
STATUTORY VALUATION INTEREST RATES
BASED ON NAIC STANDARD VALUATION LAW
FOR 2010 CALENDAR YEAR BUSINESS
G
OVERNEDBYTHE1980AMENDMENTS
C. Valuation interest rates for other annuities and guaranteed interest contracts that are valued on an issue year basis:
Valuation Interest Rate (%)
For Plan Type
Cash
Settlement
O
ptions?
Future
Interest
G
uarantee?
Guarantee Duration
(
years)ABC
YesYes
5 or fewer5.25*4.75*4.25*
More than 5, but not
more than 10
5.00*4.75*4.25*
More than 10, but not
more than 20
4.75*4.25*4.25*
More than 20
4.25*
4.00*4.00*
YesNo
5 or fewer5.25*4.75*4.50*
More than 5, but not
more than 10
5.25*4.75*4.50*
More than 10, but not
more than 20
5.00*4.50*4.25*
More than 20
4.25*
4.00*4.00*
NoYes or No
5 or fewer5.25*
More than 5, but not
more than 10
5.00*
NOT
APPLICABLE
More than 10, but not
more than 20
4.75*
More than 20
4.25*
Source: Rates calculated from the monthly averages, ending June 30, 2010, of Moody’s Composite Yield on Seasoned Corporate
Bonds.
*As these rates exceed the applicable federal interest rate for 2010of 3.81 percent, the valuation interest rate to be used for this
product under § 807 is the applicable rate specified in the above table.
2011–43 I.R.B.588October 24, 2011

Part III, Schedule D24 — 2010
STATUTORY VALUATION INTEREST RATES
BASED ON NAIC STANDARD VALUATION LAW
FOR 2010 CALENDAR YEAR BUSINESS
G
OVERNEDBYTHE1980AMENDMENTS
D. Valuation interest rates for other annuities and guaranteed interest contracts that are contracts with cash settlement options
and that are valued on a change in fund basis:
Valuation Interest Rate
For Plan Type
Cash
Settlement
O
ptions?
Future
Interest
G
uarantee?
Guarantee Duration
(
years)ABC
YesYes
5 or fewer5.505.254.50
More than 5, but not
more than 10
5.505.254.50
More than 10, but not
more than 20
5.255.004.25
More than 20
4.754.75
4.00*
YesNo
5 or fewer5.755.504.75
More than 5, but not
more than 10
5.505.504.75
More than 10, but not
more than 20
5.255.254.50
More than 20
4.754.754.25*
Source: Rates calculated from the monthly averages, ending June 30, 2010, of Moody’s Composite Yield on Seasoned Corporate
Bonds.
*As the applicable federal interest rate for 2010 of 3.81 percent is less than the prevailing state assumed interest rate, the valuation
interest rate to be used for this product under § 807 is the applicable rate specified in the above table.
October 24, 20115892011–43 I.R.B.

Part IV. Applicable Federal Interest Rates.
TABLE OF
APPLICABLE FEDERAL INTEREST RATES
F
ORPURPOSESOF§807
YearInterestRate
20103.81
20113.46
Sources: Rev. Rul. 2004–106, 2004–2 C.B. 893, for the 2005 rate; Rev. Rul. 2005–77, 2005–2 C.B. 1071, for the 2006 rate;
Rev. Rul. 2006–61, 2006–2 C.B. 1028 for the 2007 rate; Rev. Rul. 2007–70, 2007–2 C.B. 1158 for the 2008 rate; Rev. Rul.
2008–53, 2008–49 I.R.B. 1231 for the 2009 rate; Rev. Rul. 2009–38, 2009–49 I.R.B. 736 for the 2010 rate; and Rev. Rul.
2010–29, 2010–50 I.R.B. 818 for the 2011 rate.
EFFECT ON OTHER REVENUE
RULINGS
Rev. Rul. 92–19 is supplemented by
the addition to Part III of that ruling of pre-
vailing state assumed interest rates under
§ 807 for certain insurance products issued
in 2010 and 2011 and is further supple-
mented by an addition to the table in Part
IV of Rev. Rul. 92–19 listing applicable
federal interest rates. Parts I and II of Rev.
Rul. 92–19 are not affected by this ruling.
DRAFTING INFORMATION
The principal author of this revenue
ruling is Linda K. Boyd of the Office
of Associate Chief Counsel (Financial
Institutions and Products). For further
information regarding this revenue ruling,
contact her at (202) 622–3970 (not a
toll-free call).
2011–43 I.R.B.590October 24, 2011

Part III. Administrative, Procedural, and Miscellaneous
Guidance Regarding Obtaining
and Renewing PTINs
and Continuing Education
Requirements for Registered
Tax Return Preparers
Notice 2011–80
Purpose
This notice provides guidance to indi-
viduals who have or will obtain a preparer
tax identification number (PTIN), includ-
ing a provisional PTIN, or who become
registered tax return preparers. Section 1
of this notice provides guidance regarding
the last date that provisional PTINs may be
obtained, provides that provisional PTINs
must be continually maintained, and clar-
ifies that, beginning in 2012, provisional
PTIN holders must complete continuing
education requirements. Section 2 of this
notice provides guidance regarding PTIN
(including provisional PTIN) renewal,
section 3 provides that certain individuals
must be fingerprinted and pass a suit-
ability check prior to obtaining a PTIN,
and section 4 provides guidance regard-
ing continuing education requirements for
registered tax return preparers.
Background
The Treasury Department and the IRS
are implementing the recommendations
contained in Publication 4832,“Return
Preparer Review.”As part of this imple-
mentation, the Treasury Department and
the IRS have published final regulations
(T.D. 9527, 2011–27 I.R.B. 1 [76 FR
32286]) that include registered tax return
preparers as practitioners under 31 CFR
Part 10 (reprinted as Treasury Department
Circular 230).
In addition, the Treasury Department
and the IRS published final regulations
under section 6109 (T.D. 9501, 2010–46
I.R.B. 651 [75 FR 60309]) providing that
after December 31, 2010, all individuals
who prepare all or substantially all of a
tax return or claim for refund for compen-
sation must have a PTIN that was applied
for and received at the time and in the
manner prescribed by the IRS and must
use that PTIN as their sole identifying
number. The Treasury Department and
the IRS also published final regulations
(T.D. 9503, 2010–47 I.R.B. 706 [75 FR
60316]) requiring individuals to pay a $50
user fee to the IRS, plus any IRS-approved
fee charged by the third-party vendor, to
initially obtain and to annually renew a
PTIN. Under the section 6109 regulations,
only attorneys, certified public accoun-
tants, enrolled agents, registered tax return
preparers, and individuals authorized un-
der § 1.6109–2(h) are eligible to receive a
PTIN.
In section 1 of Notice 2011–6, 2011–3
I.R.B. 315, the IRS identified two addi-
tional groups of individuals who are eligi-
ble under § 1.6109–2(h) to obtain a PTIN:
(1) specified individuals who are super-
vised by the attorney, certified public ac-
countant, enrolled agent, enrolled retire-
ment plan agent, or enrolled actuary who
signs the tax return or claim for refund pre-
pared by the individual and (2) individuals
who certify they do not prepare or assist
in the preparation of all or substantially all
of any tax return or claim for refund cov-
ered by a competency examination (Form
1040 series tax returns and accompanying
schedules until further notice). Section 2
of Notice 2011–6 further provides that in-
dividuals who are not attorneys, certified
public accountants, or enrolled agents may
obtain a provisional PTIN before the date
that the registered tax return preparer com-
petency examination is first offered (initial
test offering date).
For purposes of this notice, individu-
als who obtain a provisional PTIN under
the terms of section 2 of Notice 2011–6
are “provisional PTIN holders.” Individu-
als who obtain a PTIN under section 1 of
Notice 2011–6 are not provisional PTIN
holders.
Section 1: Provisional PTINs
a. Deadline To Obtain a Provisional
PTIN
In Notice 2011–6, the IRS announced
that it did not expect to offer the regis-
tered tax return preparer competency ex-
amination before mid–2011 and, once the
examination was offered, the IRS would
no longer issue provisional PTINs. The
IRS currently does not expect to offer the
competency examination before Fall 2011.
The IRS, therefore, will continue to issue
provisional PTINs until at least April 18,
2012, to allow individuals sufficient time
to prepare for the competency examination
and to prevent disruption of the 2012 fil-
ing season. The IRS will announce the last
date it will issue provisional PTINs in a
news release issued at least 30 days before
that date. The IRS will issue provisional
PTINs until the designated date regardless
of the initial test offering date.
The provisions of section 2 of Notice
2011–6 will continue to apply to provi-
sional PTIN holders regardless of the date
the provisional PTIN is obtained. Thus,
all provisional PTIN holders must comply
with both section 2 of Notice 2011–6 and
the applicable provisions of this notice.
b. Provisional PTINs Must be
Continually Maintained
Individuals who obtain a provisional
PTIN may retain the provisional PTIN un-
til December 31, 2013. Individuals who
have a provisional PTIN during this pe-
riod, however, must annually renew and
continually maintain the provisional PTIN
to retain the ability to prepare tax returns
or claims for refund for compensation un-
til December 31, 2013. If an individual al-
lows the provisional PTIN to expire, the in-
dividual must become a registered tax re-
turn preparer or other authorized individ-
ual under § 1.6109–2 to be eligible to ob-
tain a PTIN and to prepare all or substan-
tially all of a tax return or claim for refund
for compensation. See section 2 of this
notice for the requirement to renew provi-
sional PTINs on a calendar year basis.
c. Continuing Education Requirements
for Provisional PTIN Holders
Section 10.6(d)(4) of Circular 230 re-
quires registered tax return preparers to
renew their status as a registered tax re-
turn preparer as prescribed by the IRS in
forms, instructions, or other appropriate
guidance. As a condition of renewal, sec-
tion 10.6(e) provides that registered tax
return preparers must complete minimum
continuing education requirements. Sec-
tion 2.04 of Notice 2011–6 provides that
tax return preparers who obtain a provi-
sional PTIN before October 1, 2011 are not
October 24, 20115912011–43 I.R.B.

required to complete continuing education
requirements during 2011.
Individuals who obtain a provisional
PTIN in accordance with Notice 2011–6
or this notice are not registered tax re-
turn preparers and may not represent that
they are registered tax return preparers or
have passed the competency examination.
Notice 2011–45, 2011–25 I.R.B. 886.
Nevertheless, the IRS has decided that
these individuals must satisfy the same
minimum continuing education require-
ments that registered tax return preparers
are required to complete. Details regard-
ing these requirements are more fully
discussed in section 4 of this notice.
Provisional PTIN holders who do not
satisfy the minimum continuing education
requirements will not be allowed to renew
their provisional PTIN. Individuals whose
provisional PTINs are not renewed will be
required to pass the registered tax return
preparer competency examination or oth-
erwise become eligible to obtain a PTIN
before preparing all or substantially all of
a tax return or claim for refund for com-
pensation.
Section 2: PTIN Renewed Annually on
a Calendar Year Basis
Section 1.6109–2(e) provides that the
IRS may designate an expiration date for
any PTIN or other prescribed identifying
number. The regulation further provides
that the IRS may prescribe the time and
manner for renewing a PTIN or other pre-
scribed identifying number in forms, in-
structions, or other appropriate guidance.
The IRS has decided that all PTINs
(including provisional PTINs) must be
renewed on a calendar year basis using
the IRS’s online PTIN application avail-
able atwww.irs.govor paper application,
Form W–12,IRS Paid Preparer Tax
Identification Number (PTIN) Application.
Individuals who hold valid PTINs must
renew their PTIN and pay the required
fee (currently $64.25, $50.00 IRS user fee
plus $14.25 vendor fee) after October 15th
and before January 1st each year. PTINs
renewedduringthisperiodwillbevalid
from January 1st through December 31st
of the following calendar year. PTINs
obtained or renewed during a calendar
year will expire on December 31st of that
year.
Individuals obtaining a new PTIN af-
ter October 15th will have the option of
receiving a PTIN for the current calendar
year or the following calendar year. Indi-
viduals who choose to receive a PTIN for
the current calendar year will be required
to renew their PTIN before January 1st to
prepare returns during the following cal-
endar year. Individuals who choose to re-
ceive a PTIN for the following calendar
year may not prepare tax returns for com-
pensation during the remainder of the cur-
rent calendar year. Instead, the PTINs is-
sued to these individuals will be valid for
the following calendar year.
To assist with the transition to
a calendar year renewal period, the
IRS has determined that PTINs is-
sued after September 27, 2010 and
before October 16, 2011 will expire on
December 31, 2011.
Section 3. Certain PTIN Holders
Required to be Fingerprinted
Section 6109(c) provides that “the Sec-
retary is authorized to require such infor-
mation as may be necessary to assign an
identifying number to any person.” Section
1.6109–2(d) provides that a PTIN must
be applied for and received in the time
and manner as may be prescribed by the
IRS in forms, instructions, or other appro-
priate guidance. The IRS has previously
stated that it intends to conduct a suitabil-
ity check on all applicants prior to issuing
a PTIN. As part of the suitability check,
certain PTIN applicants will be required to
be fingerprinted for purposes of perform-
ing a background check. Collected finger-
prints will be processed through the Fed-
eral Bureau of Investigation’s (FBI) iden-
tification records database. Information
obtained through this process will enable
the IRS to better determine if the applicant
should receive a PTIN or have an exist-
ing provisional PTIN revoked. The IRS is
not requiring attorneys, certified public ac-
countants, enrolled agents, enrolled retire-
ment plan agents, and enrolled actuaries to
be fingerprinted at this time.
The Treasury Department and the IRS
are currently establishing procedures to fa-
cilitate the collection and processing of
fingerprints. The IRS is working with
third-party vendors to establish these pro-
cedures. In addition, the Treasury Depart-
ment and the IRS intend to publish regu-
lations proposing to establish a user fee to
be fingerprinted. It isanticipated that the
third-party vendor will also charge a rea-
sonable, IRS-approved fee for its finger-
printing services.
Additionally, under the current pro-
posed regulations any participant in the
PTIN, acceptance agent, or authorized
e-file provider programs who resides and
is employed outside of the United States
will not have to be fingerprinted to par-
ticipate in these programs. Such persons,
however, must complywith all other ele-
ments of the suitability check. In addition,
the Treasury Department and the IRS
continue to study what additional require-
ments should apply to such persons. Any
additional requirements would be set forth
in future guidance.
The IRS will not require individuals to
be fingerprinted prior to obtaining a PTIN
until at least April 18, 2012. The IRS will
announce the last date that an individual
may receive a PTIN (or provisional PTIN)
without first being fingerprinted in a news
release issued at least 30 days before that
date. After this date, individuals not ex-
empted from the fingerprint requirement
must be fingerprinted and pass the back-
ground check prior to obtaining a PTIN
(provisional PTINs will no longer be avail-
able after the date provided in the news re-
lease).
In addition, individuals who obtain a
PTIN (or a provisional PTIN) prior to the
date provided in the news release and who
continually maintain their PTIN will not
be required to be fingerprinted until De-
cember 31, 2013. After December 31,
2013, these individuals must be finger-
printed and pass the background check be-
fore renewing their PTIN unless they were
already fingerprinted or are not required to
be fingerprinted.
Section 4. Continuing Education
Requirements for Registered Tax
Return Preparers
Section 10.6(d)(4) of Circular 230 re-
quires registered tax return preparers to
renew their status as a registered tax re-
turn preparer as prescribed by the IRS in
forms, instructions, or other appropriate
guidance. As a condition of renewal, sec-
tion 10.6(e)(3) of Circular 230 provides
that registered tax return preparers must
complete a minimum of fifteen hours
2011–43 I.R.B.592October 24, 2011

of continuing education credits, includ-
ing two hours of ethics or professional
conduct, three hours of federal tax law
updates, and ten hours of federal tax law
topics during each registration year.
a. Continuing Education Requirements
to be Completed on a Calendar Year
Basis
The IRS has determined that registered
tax return preparers must complete their
continuing education requirements on a
calendar year basis. The IRS will re-
quire registered tax return preparers (and
provisional PTIN holders) to satisfy con-
tinuing education requirements beginning
in 2012. Therefore, except as set forth in
section 4b of this notice, registered tax
return preparers must complete continuing
education requirements as prescribed in
section 10.6(e)(3) of Circular 230 between
January 1st and December 31st of each
year beginning in 2012.
b. Continuing Education Requirements
Prorated for Individuals Who Initially
Become a Registered Tax Return
Preparer During the Registration Year
Continuing education requirements for
individuals who initially become a regis-
tered tax return preparer after January 31st
will be prorated for the initial registration
year. These individuals will be required to
complete one hour of continuing education
credit regarding federal tax law updates or
federal tax law topics for each month or
portion of a month that the individual is a
registered tax return preparer. In addition,
these individuals will be required to com-
plete two hours of ethics credits regardless
of when the individual becomes a regis-
tered tax return preparer. For example, an
individual who initially becomes a regis-
tered tax return preparer on April 20th is
required to complete two hours of ethics
credits plus 9 hours of credits regarding
federal tax law or federal tax law updates.
Except in the case of a waiver under sec-
tion 10.6(i) of Circular 230, continuing ed-
ucation requirements will not be prorated
after the initial application year. Individ-
uals who do not timely renew their PTIN
before December 31st ordinarily will not
qualify for a waiver and must complete all
of the continuing education hours required
in section10.6(e)(3) of Circular 230.
Contact Information
The principal author of this notice
is Emily M. Lesniak of the Office of
Associate Chief Counsel (Procedure
and Administration).For further
information regarding this notice, contact
Emily M. Lesniak at (202) 622–4570 (not
a toll-free call).
Pennsylvania Low-Income
Housing Credit Disaster Relief
Notice 2011–83
The Internal Revenue Service is sus-
pending certain requirements under § 42 of
the Internal Revenue Code for low-income
housing credit projects to provide emer-
gency housing relief needed as a result of
the devastation in Pennsylvania caused by
either Hurricane Irene during the period of
August 26, 2011 to August 30, 2011, or
Tropical Storm Lee beginning on Septem-
ber 3, 2011. This relief is being granted
pursuant to the Service’s authority under
§ 42(n) and § 1.42–13(a) of the Income Tax
Regulations.
BACKGROUND
On September 3, 2011, and
September 12, 2011, the President
declared major disasters for the
Commonwealth of Pennsylvania. The
declarations were made under the Robert
T. Stafford Disaster Relief and Emergency
Assistance Act, 42 U.S.C. 5121et seq.
Subsequently, the Federal Emergency
Management Agency (FEMA) designated
jurisdictions for Individual Assistance.
The Commonwealth of Pennsylvania
has requested that the Service allow
owners of low-income housing credit
projects to provide temporary housing in
vacant units to individuals who resided
in jurisdictions designated for Individual
Assistance in Pennsylvania and who have
been displaced because their residences
were destroyed or damaged as a result of
the devastation caused by Hurricane Irene
or Tropical Storm Lee. Based upon this
request and because of the widespread
damage to housing caused by Hurricane
Irene and Tropical Storm Lee, the Service
has determined that the Pennsylvania
Housing Finance Agency (Agency) may
provide approval to project owners to
provide temporary emergency housing for
displaced individuals in accordance with
this notice.
I. SUSPENSION OF INCOME
LIMITATIONS
The Service has determined that it is
appropriate to temporarily suspend certain
income limitation requirements under § 42
for certain qualified low-income projects.
The suspension will apply to low-income
housing projects approved by the Agency,
in which vacant units are rented to dis-
placed individuals. The Agency will deter-
mine the appropriate period of temporary
housing for each project, not to extend be-
yond October 31, 2012 (temporary hous-
ing period).
II.STATUSOFUNITS
A. Units in the first year of the credit
period
A displaced individual temporarily
occupying a unit during the first year of
the credit period under § 42(f)(1) will be
deemed a qualified low-income tenant
forpurposesofdetermining the project’s
qualified basis under§ 42(c)(1), and for
meeting the project’s 20–50 test or 40–60
test as elected by the project owner under
§ 42(g)(1). After the end of the temporary
housing period established by the Agency
(not to extend beyond October 31, 2012),
a displaced individual will no longer be
deemed a qualified low-income tenant.
B. Vacant units after the first year of the
credit period
During the temporary housing period
established by the Agency, the status of a
vacant unit (that is, market-rate or low-in-
come for purposes of § 42 or never previ-
ously occupied) after the first year of the
credit period that becomes temporarily oc-
cupied by a displaced individual remains
the same as the unit’s status before the
displaced individual moves in. Displaced
individuals temporarily occupying vacant
units will not be treated as low-income
tenants under § 42(i)(3)(A)(ii). However,
even if it houses a displaced individual, a
low-income or market rate unit that was
vacant before the effective date of this no-
tice will continue to be treated as a va-
October 24, 20115932011–43 I.R.B.

cant low-income or market rate unit. Sim-
ilarly, a unit that was never previously oc-
cupied before the effective date of this no-
tice will continue to be treated as a unit
that has never been previously occupied
even if it houses a displaced individual.
Thus, the fact that a vacant unit becomes
occupied by a displaced individual will
not affect the building’s applicable frac-
tion under § 42(c)(1)(B) for purposes of
determining the building’s qualified basis,
nor will it affect the 20–50 test or 40–60
test of § 42(g)(1). If the income of oc-
cupants in low-income units exceeds 140
percent of the applicable income limita-
tion, the temporary occupancy of a unit by
a displaced individualwill not cause ap-
plication of the available unit rule under
§ 42(g)(2)(D)(ii). In addition, the project
owner is not required during the temporary
housingperiodtomakeattemptstorent
to low-income individuals the low-income
units that house displaced individuals.
III. SUSPENSION OF
NON-TRANSIENT REQUIREMENTS
The non-transient use requirement of
§ 42(i)(3)(B)(i) shall not apply to any
unit providing temporary housing to a
displaced individualduring the temporary
housing period determined by the Agency
in accordance with section I of this notice.
IV. OTHER REQUIREMENTS
All other rules and requirements of
§ 42 will continue to apply during the
temporary housing period established
by the Agency. After the end of the
temporary housing period, the appli-
cable income limitations contained in
§ 42(g)(1), the available unit rule un-
der § 42(g)(2)(D)(ii), the nontransient
requirement of § 42(i)(3)(B)(i), and the
requirement to make reasonable attempts
to rent vacant units to low-income individ-
uals shall resume. If a project owner offers
to rent a unit to a displaced individual after
the end of the temporary housing period,
the displaced individual must be certified
under the requirements of § 42(i)(3)(A)(ii)
and § 1.42–5(b) and (c) to be a qualified
low-income tenant. To qualify for the re-
lief in this notice, the project owner must
additionally meet all of the following re-
quirements:
(1) Major Disaster Area
In the case of an individual displaced by
the devastation caused by Hurricane Irene,
the displaced individual must have resided
in a Pennsylvania jurisdiction designated
for Individual Assistance by FEMA as a
result of the devastation in Pennsylvania
caused by Hurricane Irene during the pe-
riod of August 26, 2011, to August 30,
2011.
In the case of an individual displaced
by the devastation caused by Tropical
Storm Lee, the displaced individual must
have resided in a Pennsylvania jurisdic-
tion designated for Individual Assistance
by FEMA as a result of the devastation in
Pennsylvania caused by Tropical Storm
Lee beginning on September 3, 2011.
(2) Approval of the Pennsylvania Hous-
ing Finance Agency
The project owner must obtain approval
from the Agency for the relief described
in this notice. The Agency will determine
the appropriate period of temporary hous-
ing for each project, not to extend beyond
October 31, 2012.
(3) Certificationsand Recordkeeping
To comply with the requirements of
§ 1.42–5, project owners are required to
maintain and certify certain information
concerning each displaced individual tem-
porarily housed in the project, specifically
the following: name, address of damaged
residence, social security number, and a
statement signed under penalties of perjury
by the displaced individual that, because
of damage to the individual’s residence in
a Pennsylvania jurisdiction designated for
Individual Assistance by FEMA as a result
of the devastation caused in Pennsylvania
by Hurricane Irene during the period of
August 26, 2011 to August 30, 2011, or
Tropical Storm Lee beginning on Septem-
ber 3, 2011, as applicable, the individual
requires temporary housing. The owner
must notify the Agency that vacant units
are available for rent to displaced individ-
uals.
The owner must also certify the date the
displaced individual began temporary oc-
cupancy and the date the project will dis-
continue providing temporary housing as
established by the Agency. The certifica-
tions and recordkeeping for displaced in-
dividuals must be maintained as part of
the annual compliance monitoring process
with the Agency.
(4) Rent Restrictions
Rents for the low-income units that
house displaced individuals must not ex-
ceed the existing rent-restricted rates for
the low-income units established under
§ 42(g)(2).
(5) Protection of Existing Tenants
Existing tenants in occupied low-in-
come units cannot be evicted or have their
tenancy terminated as a result of efforts to
provide temporary housing for displaced
individuals.
EFFECTIVE DATES
This notice is effective September 3,
2011 (the date of the President’s ma-
jor disaster declaration) for devastation
caused by Hurricane Irene in Pennsyl-
vania during the period of August 26,
2011 to August 30, 2011. This notice
is effective September 12, 2011 (the
date of the President’s major disaster
declaration) for devastation caused by
Tropical Storm Lee in Pennsylvania
beginning on September 3, 2011.
PAPERWORK REDUCTION ACT
The collection of information contained
in this notice has been reviewed and ap-
proved by the Office of Management and
Budget in accordance with the Paperwork
Reduction Act (44 U.S.C. 3507) under
control number 1545–2218.
An Agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless the
collection of information displays a valid
OMB control number.
The collection of information in this
notice is in the section titled “OTHER
REQUIREMENTS” under “(3) Certifica-
tions and Recordkeeping.” This informa-
tion is required to enable the Service to
verify whether individuals are displaced
as a result of the devastation caused in
Pennsylvania by either Hurricane Irene
during the period of August 26, 2011
to August 30, 2011, or Tropical Storm
Lee beginning on September 3, 2011,
and thus warrant temporary housing in
vacant low-income housing units. The
collection of information is required to
obtain a benefit. The likely respondents
are individuals and businesses.
The estimated total annual recordkeep-
ing burden is 150 hours.
The estimated annual burden per
recordkeeper is approximately 15 minutes.
2011–43 I.R.B.594October 24, 2011

The estimated numberof recordkeepers is
600.
Books or records relating to a collection
of information must be retained as long
as their contents may become material to
the administration of the internal revenue
law. Generally, tax returns and tax return
information are confidential, as required
by 26 U.S.C. 6103.
DRAFTING INFORMATION
The principal author of this notice is
David Selig of the Office of Associate
Chief Counsel (Passthroughs & Special
Industries). For further information
regarding this notice, contact Mr. Selig at
(202) 622–3040 (not a toll-free call).
Update for Weighted Average
Interest Rates, Yield Curves,
and Segment Rates
Notice 2011–84
This notice provides guidance as to the
corporate bond weighted average interest
rate and the permissible range of interest
rates specified under § 412(b)(5)(B)(ii)(II)
of the Internal Revenue Code as in ef-
fect for plan years beginning before 2008.
It also provides guidance on the cor-
porate bond monthly yield curve (and
the corresponding spot segment rates),
and the 24-month average segment rates
under § 430(h)(2). In addition, this no-
tice provides guidance as to the interest
rate on 30-year Treasury securities un-
der § 417(e)(3)(A)(ii)(II) as in effect for
plan years beginning before 2008, the
30-year Treasury weighted average rate
under § 431(c)(6)(E)(ii)(I), and the min-
imum present value segment rates under
§ 417(e)(3)(D) as in effect for plan years
beginning after 2007.
CORPORATE BOND WEIGHTED
AVERAGE INTEREST RATE
Sections412(b)(5)(B)(ii)and
412(l)(7)(C)(i), as amended by the Pen-
sion Funding Equity Act of 2004 and by
the Pension Protection Act of 2006 (PPA),
provide that the interest rates used to cal-
culate current liability and to determine
the required contribution under § 412(l)
for plan years beginning in 2004 through
2007 must be within a permissible range
based on the weighted average of the rates
of interest on amounts invested conser-
vatively in long term investment grade
corporate bonds during the 4-year period
ending on the last day before the beginning
of the plan year.
Notice 2004–34, 2004–1 C.B. 848, pro-
vides guidelines for determining the cor-
porate bond weighted average interest rate
and the resulting permissible range of in-
terest rates used to calculate current liabil-
ity. That notice establishes that the corpo-
rate bond weighted average is based on the
monthly composite corporate bond rate de-
rived from designated corporate bond in-
dices. The methodology for determining
the monthly composite corporate bond rate
as set forth in Notice 2004–34 continues to
apply in determining that rate. See Notice
2006–75, 2006–2 C.B. 366.
The composite corporate bond rate for
September 2011 is 4.82 percent. Pursuant
to Notice 2004–34, the Service has de-
termined this rate as the average of the
monthly yields for the included corporate
bond indices for that month.
The following corporate bond weighted
average interest rate was determined for
plan years beginning in the month shown
below.
For Plan Years
Beginning inPermissible Range
MonthYear
Corporate
Bond Weighted
Average90%to100%
October2011
5.865.285.86
YIELD CURVE AND SEGMENT
RATES
Generally for plan years beginning
after 2007 (except for delayed effective
dates for certain plans under sections 104,
105, and 106 of PPA), § 430 of the Code
specifies the minimum funding require-
ments that apply to single employer plans
pursuant to § 412. Section 430(h)(2) spec-
ifies the interest rates that must be used
to determine a plan’s target normal cost
and funding target. Under this provision,
present value is generally determined us-
ing three 24-month average interest rates
(“segment rates”), each of which applies
to cash flows during specified periods.
However, an election may be made under
§ 430(h)(2)(D)(ii) to use the monthly yield
curve in place of the segment rates. Sec-
tion 430(h)(2)G) set forth a transitional
rule applicable to plan years beginning in
2008 and 2009 under which the segment
rates were blended with the corporate bond
weighted average described above, includ-
ing an election under § 430(h)(2)(G)(iv)
foranemployertousethesegmentrates
without the transitional rule.
Notice 2007–81, 2007–2 C.B. 899,
provides guidelines for determining the
monthly corporate bond yield curve, and
the 24-month average corporate bond seg-
ment rates used to compute the target nor-
mal cost and the funding target. Pursuant
to Notice 2007–81, the monthly corporate
bond yield curve derived from September
2011 data is in Table I at the end of this
notice. The spot first, second, and third
segment rates for the month of September
2011 are, respectively, 1.98, 4.49, and
5.80. The three 24-month average cor-
porate bond segment rates applicable for
October 2011 are as follows:
First
Segment
Second
Segment
Third
Segment
2.03
5.20
6.30
October 24, 20115952011–43 I.R.B.

The transitional rule of § 430(h)(2)(G)
does not apply to plan years beginning af-
ter December 31, 2009. Therefore, for a
plan year beginning after 2009 with a look-
back month to October 2011, the funding
segment rates are the three 24-month aver-
age corporate bond segment rates applica-
ble for October 2011, listed above without
blending for any transitional period.
30-YEAR TREASURY SECURITIES
INTEREST RATES
Section 417(e)(3)(A)(ii)(II) (prior to
amendment by PPA) defines the appli-
cable interest rate, which must be used
for purposes of determining the minimum
present value of a participant’s benefit
under § 417(e)(1) and (2), as the annual
rate of interest on 30-year Treasury se-
curities for the month before the date
of distribution or such other time as the
Secretary may by regulations prescribe.
Section 1.417(e)–1(d)(3) of the Income
Tax Regulations provides that the applica-
bleinterestrateforamonthistheannual
rate of interest on 30-year Treasury secu-
rities as specified by the Commissioner
for that month in revenue rulings, notices
or other guidance published in the Internal
Revenue Bulletin.
The rate of interest on 30-year Treasury
securities for September 2011 is 3.18 per-
cent. The Service has determined this rate
as the average of the daily determinations
of yield on the 30-year Treasury bond ma-
turing in August 2041.
Generally for plan years beginning
after 2007, § 431 specifies the mini-
mum funding requirements that apply to
multiemployer plans pursuant to § 412.
Section 431(c)(6)(B) specifies a minimum
amount for the full-funding limitation
described in section 431(c)(6)(A), based
on the plan’s current liability. Section
431(c)(6)(E)(ii)(I) provides that the inter-
est rate used to calculate current liability
for this purpose must be no more than 5
percent above and no more than 10 percent
below the weighted average of the rates of
interest on 30-year Treasury securities dur-
ing the four-year period ending on the last
day before the beginning of the plan year.
Notice 88–73, 1988–2 C.B. 383, provides
guidelines for determining the weighted
average interest rate. The following rates
were determined for plan years beginning
in the month shown below.
For Plan Years
Beginning inPermissible Range
MonthYear
30–Year
Treasury
Weighted
Average
90%to
105%
October20114.203.784.41
MINIMUM PRESENT VALUE
SEGMENT RATES
Generally for plan years beginning
after December 31, 2007, the applicable
interest rates under § 417(e)(3)(D) are
segment rates computed without regard
to a 24-month average. For plan years
beginning in 2008 through 2011, the ap-
plicable interest rates are the monthly spot
segment rates blended with the applica-
ble rate under § 417(e)(3)(A)(ii)(II) as in
effect for plan years beginning in 2007.
Notice 2007–81 provides guidelines for
determining the minimum present value
segment rates. Pursuant to that notice,
the minimum present value transitional
segment rates determined for September
2011, taking into account the September
2011 30-year Treasury rate of 3.18 stated
above, are as follows:
For Plan Years
Beginning in
First
Segment
Second
Segment
Third
Segment
20102.463.97
4.75
20112.224.23
5.28
20121.984.49
5.80
DRAFTING INFORMATION
The principal author of this notice is
Tony Montanaro of the Employee Plans,
Tax Exempt and Government Entities
Division. Mr. Montanaro may be e-mailed
atRetirementPlanQuestions@irs.gov.
2011–43 I.R.B.596October 24, 2011

Table I
Monthly Yield Curve for September 2011
Derived from September 2011 Data
Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield
0.5
0.61
20.55.2840.55.8660.5
6.06
80.5
6.16
1.0
0.99
21.0
5.31
41.0
5.87
61.06.0681.06.16
1.51.3521.55.3441.55.8861.56.0781.56.16
2.01.6722.0
5.36
42.05.8962.06.0782.06.16
2.5
1.96
22.5
5.39
42.5
5.89
62.5
6.07
82.5
6.16
3.02.2223.0
5.41
43.05.9063.06.0783.06.17
3.5
2.46
23.55.4443.5
5.90
63.5
6.08
83.5
6.17
4.02.6724.0
5.46
44.05.9164.06.0884.06.17
4.52.8624.55.4844.55.9264.56.0884.56.17
5.0
3.04
25.05.5045.0
5.92
65.0
6.09
85.0
6.17
5.5
3.20
25.55.5245.5
5.93
65.5
6.09
85.5
6.17
6.0
3.35
26.0
5.54
46.05.9366.0
6.09
86.06.18
6.5
3.49
26.55.5546.5
5.94
66.5
6.09
86.5
6.18
7.03.6127.0
5.57
47.05.9567.06.1087.06.18
7.53.7327.55.5947.55.9567.56.1087.56.18
8.03.8428.0
5.60
48.05.9668.06.1088.06.18
8.5
3.95
28.55.6248.5
5.96
68.5
6.10
88.5
6.18
9.0
4.05
29.0
5.63
49.0
5.97
69.0
6.11
89.0
6.18
9.54.1429.5
5.64
49.55.9769.56.1189.5
6.19
10.04.2230.0
5.6650.0
5.9870.06.11
90.06.19
10.54.3030.55.6750.55.9870.56.1190.5
6.19
11.04.3831.0
5.6851.0
5.9971.06.1291.06.19
11.54.4531.55.7051.5
5.99
71.5
6.1291.5
6.19
12.0
4.52
32.0
5.7152.0
5.9972.06.12
92.06.19
12.5
4.59
32.55.7252.5
6.00
72.5
6.1292.56.20
13.0
4.65
33.0
5.7353.0
6.0073.06.13
93.0
6.20
13.54.7133.55.7453.56.0173.56.1393.56.20
14.04.7634.0
5.7554.0
6.0174.06.1394.06.84
14.5
4.82
34.55.7654.5
6.02
74.5
6.8194.56.20
15.0
4.87
35.05.7755.0
6.02
75.0
6.1395.06.20
15.5
4.91
35.55.7855.5
6.02
75.5
6.1495.56.20
16.0
4.96
36.05.79
56.0
6.0376.06.14
96.0
6.20
16.55.0036.55.8056.56.0376.56.1496.56.21
17.0
5.04
37.0
5.8157.0
6.0377.06.1497.06.21
17.55.0837.55.8257.5
6.04
77.56.15
97.56.21
18.0
5.12
38.0
5.8358.0
6.0478.0
6.15
98.0
6.21
18.55.1638.55.8358.56.0578.56.15
98.56.21
19.0
5.19
39.0
5.84
59.0
6.05
79.0
6.15
99.0
6.21
19.55.2239.55.8559.56.0579.56.1599.56.21
20.0
5.25
40.0
5.86
60.06.0680.0
6.15
100.06.21
October 24, 20115972011–43 I.R.B.

Part IV. Items o
fGeneralInterest
Notice of Prop
osed
Rulemaking an
dNoticeof
Public Hearin
g
User Fees Rela
ting
to the Regist
ered
Tax Return Pr
eparer
Competency
Examination and
Fingerprin
ting Participants in
the Prepar
er Tax Identification
Number, Ac
ceptance Agent,
and Autho
rized E-File Provider
Programs
REG–1162
84–11
AGENCY:
Internal Revenue Service
(IRS), T
reasury.
ACTION:
Notice of proposed rulemaking
and noti
ce of public hearing.
SUMMARY
: This document contains
propos
ed amendments to the user fee reg-
ulatio
ns. The proposed regulations would
establ
ish a new user fee for individuals
to take
the registered tax return preparer
compet
ency examination and a new user
fee fo
r certain persons to be fingerprinted
in con
junction with the preparer tax iden-
tific
ation number, acceptance agent, and
autho
rized e-file provider programs. The
propo
sed regulations also would redesig-
nate
§300.12, Fee for obtaining a preparer
tax i
dentification number, as §300.13. The
prop
osed regulations affect individuals
who t
ake the registered tax return preparer
comp
etency examination and applicants
and
certain participants in the preparer tax
ide
ntification number, acceptance agent,
or a
uthorized e-file provider programs.
The
charging of user fees is authorized by
the
Independent Offices Appropriations
Ac
t of 1952. This document also provides
no
tice of a public hearing on these pro-
po
sed regulations.
DA
TES: Written or electronic comments
mu
st be received by October 27, 2011.
Ou
tlines of topics to be discussed at the
p
ublic hearing scheduled for October 7,
2
011, at 10 a.m. must be received by Oc-
t
ober 4, 2011.
ADDRESSES: Se
nd submissions to:
CC:PA:LPD:PR
(REG–116284–11), room
5205, Interna
l Revenue Service, PO Box
7604, Ben Fran
klin Station, Washing-
ton, DC 20044.
Submissions may be
hand-delive
red Monday through Friday
between the h
oursof8a.m. and4p.m.
to CC:PA:LPD
:PR (REG–116284–11),
Courier’s De
sk, Internal Revenue
Service, 11
11 Constitution Avenue, NW,
Washington
, DC, or sent electronically
via the Fede
ral eRulemaking Portal
athttp://w
ww.regulations.gov/(IRS
REG–11628
4–11). The public hearing
will be hel
dintheAuditoriumat
the Intern
al Revenue Building, 1111
Constitut
ion Avenue, NW, Washington,
DC.
FOR FURTHE
R INFORMATION
CONTACT:
Concerning the proposed
regulati
ons, Emily M. Lesniak at (202)
622–4570
; concerning cost methodol-
ogy, Eva J
. Williams at (202) 435–5514;
concern
ing submission of comments,
the publ
ic hearing, and/or to be placed
on the bu
ilding access list to attend
the publ
ic hearing, Richard A. Hurst at
Richard
.A.Hurst@irscounsel.treas.govor
(202) 6
22–7180 (not toll-free numbers).
SUPPLE
MENTARY INFORMATION:
Backgr
ound and Explanation of
Provis
ions
In June
2009, the IRS launched a Tax
Return
Preparer Review with the intent
to prop
ose a comprehensive set of recom-
menda
tions that would increase taxpayer
compl
iance and ensure uniform and high
ethic
al standards of conduct for tax re-
turn p
reparers. In December 2009, the
IRS ma
de findings and recommendations
based
upon this review that would increase
over
sight of the federal tax return preparer
comm
unity. The findings and recom-
mend
ations were published in Publication
4832
,“Return Preparer Review”(the Re-
port
), which was published on January 4,
201
0. In part, the Report recommended
reg
istering all tax return preparers with
the
IRS and requiring tax return preparers
who
are not attorneys, certified public
acc
ountants, or enrolled agents to pass a
competency ex
amination before they are
eligible to pr
epare a tax return or claim
for refund. Th
e Treasury Department and
the IRS have pu
blished several documents
implementing
the recommendations in the
Report, thre
e of which are relevant to these
proposed reg
ulations.
First, on Sep
tember 30, 2010, the Trea-
sury Departm
ent and the IRS published fi-
nal regulati
ons under I.R.C. section 6109
(75 FR 60309)
providing that for returns
or claims fo
r refund filed after Decem-
ber 31, 2010
, the identifying number of
a tax return
preparer is the individual’s
preparer ta
x identification number (PTIN)
or such oth
er number prescribed by the
IRS in form
s, instructions, or other appro-
priate gui
dance. The section 6109 final
regulatio
ns require a tax return preparer
who prepar
es all or substantially all of a
tax retur
norclaimforrefundafterDe-
cember 31
, 2010 to have a PTIN. These
regulati
ons further provide that only at-
torneys,
certified public accountants, en-
rolled a
gents, and registered tax return pre-
parers a
re eligible to obtain a PTIN. Sec-
tion 1.6
109–2(h) of the regulations states,
however
, that the IRS can provide excep-
tions to
the §1.6109–2 regulations through
forms,
instructions, or other appropriate
guidan
ce.
Second
, on December 30, 2010, the
Treasu
ry Department and the IRS pub-
lished
Notice 2011–6, 2011–3 I.R.B. 315,
that, i
n part, creates exceptions under
§1.610
9–2(h), allowing two additional
class
es of individuals to obtain a PTIN
(prov
ided all tax compliance and suitabil-
ity ch
ecks are passed) and prepare all or
subst
antially all of a tax return or claim for
refun
d for compensation. Section 2a. of
Noti
ce 2011–6 permits specified individ-
uals
who are supervised by the attorney,
cert
ified public accountant, enrolled agent,
enro
lled retirement plan agent, or enrolled
actu
ary who signs the tax return or claim
for
refund prepared by the individual to
obt
ain a PTIN. These supervised individ-
ual
s may not sign a tax return or claim
for
refund. Section 2b. of Notice 2011–6
pro
vides that individuals who certify that
the
y do not prepare or assist in the prepa-
ra
tion of all or substantially all of any tax
re
turn or claim for refund that is covered
by
a competency examination will be able
2011–43 I.R.B.598October 24, 2011

to obtain a PTIN. This exception recog-
nizes that the initial registered tax return
preparer competency examination will be
limited to individual income tax returns
(Form 1040 series returns and accompa-
nying schedules).
Third, on June 3, 2011, the Treasury
Department and the IRS published final
regulations amending the regulations gov-
erning practice before the IRS (76 FR
32286). These regulations are found in
31 CFR part 10 and have been reprinted
as Treasury Department Circular No.
230 (Circular 230). The amendments to
Circular 230, in part, provide that prac-
tice before the IRS includes preparing
for compensation a tax return, claim for
refund, or other document submitted to
the IRS and include registered tax return
preparers as practitioners under Circular
230. Registered tax return preparers must
demonstrate the necessary qualifications
andcompetencybypassingaminimum
competency examination, completing an-
nual continuing education requirements,
and complying with any other applicable
procedures relating to the application for
registration and renewal of registration
established and published by the IRS. Reg-
istered tax return preparers may prepare
and sign tax returns, claims for refund, and
other documents as provided in forms, in-
structions, or other appropriate guidance.
Registered tax return preparers also may
represent taxpayers before revenue agents,
customer service representatives, or sim-
ilar officers and employees of the IRS
during an examination if the registered tax
return preparer signed the tax return or
claim for refund for the time period under
examination. Registered tax return pre-
pares may not represent taxpayers before
appeals officers, revenue officers, Coun-
sel, or similar officers or employees of the
IRS or the Department of the Treasury.
User Fee to Take the Registered
Tax Return Preparer Competency
Examination
To become a registered tax return pre-
parer, applicants will be required to pass
a competency examination. Proposed
§300.12 establishes a $27 user fee to take
the registered tax return preparer compe-
tency examination. This user fee must
be paid each time the applicant takes the
competency examination and is in addi-
tion to any reasonable fee charged by the
third-party vendor that is approved by the
IRS. Applicants who pass the competency
examination generally will not, however,
be required to re-take the examination in
thefutureyears.
There are costs to the IRS for admin-
istering the registered tax return preparer
competency examination. The user fee to
take the registered tax return preparer com-
petency examination will recover these
costs. These costs include the personnel,
administrative, management, and infor-
mation technology costs to the IRS for
developing and reviewing the competency
examination, overseeing the competency
examination, validating the competency
examination results, and establishing a re-
view procedure for applicants who contest
any portion of the competency examina-
tion. The user fee also recovers the cost to
conduct background checks on employees
of the third-party vendor who are involved
in the administration of the examination.
Individuals who pay the competency
examination user fee and become regis-
tered tax return preparers will receive a
special benefit from the IRS that is not
received by the general public. Passing
the competency examination enables reg-
istered tax return preparers to prepare and
sign Form 1040 series returns (and ac-
companying schedules) for compensation.
Registered tax return preparers also are
able to represent taxpayers before revenue
agents, customer service representatives,
or similar officers and employees of the
IRS during examination if the registered
taxreturnpreparersignedthetaxreturnfor
the period under examination. That repre-
sentation does not include practice before
appeals officers, revenue officers, Coun-
sel, or similar officers or employees of the
IRS or the Department of the Treasury.
Because the competency examination ini-
tially will cover only the Form 1040 se-
ries returns, only attorneys, certified public
accountants, enrolled agents, or registered
tax return preparers will be able to sign a
Form 1040 series return. While tax return
preparers who are supervised will be able
to prepare all or substantially all of a Form
1040 series tax return or claim for refund,
they will not be able to sign the return or
claim for refund and are not able to rep-
resentthetaxpayersbeforetheIRS.Any
individual with a PTIN, however, can pre-
pare and sign a tax return or claim for re-
fund that is not part of the Form 1040 se-
ries.
User Fee to be Fingerprinted as Part
of the PTIN, Acceptance Agent, and
Authorized E-File Provider Programs
The IRS intends to collect fingerprints
as part of the PTIN, acceptance agent, and
authorized e-file provider programs to as-
sist in evaluating the suitability of appli-
cants and participants in these programs.
Individuals who have been or are finger-
printed in conjunction with their partici-
pation in any one of these programs after
June 8, 2009, however, will not have to be
re-fingerprinted to participate in these pro-
grams.
Proposed §300.13 establishes a $33
user fee on individuals who will be fin-
gerprinted in conjunction with their ap-
plication to participate or participation in
these programs. This user fee is in ad-
dition to any reasonable fee charged by
a third-party vendor that is approved by
the IRS. The third-party vendor fee will
cover the costs for obtaining the finger-
prints and transmitting the fingerprints to
the Federal Bureau of Investigation (FBI),
where the fingerprints will be run through
the FBI identification records database.
The IRS fingerprinting user fee recovers
the costs to the IRS to transfer the finger-
prints and the results of the FBI search to
the IRS; perform background checks on
third-party vendor employees; modify the
database used to receive, record, and store
the search results; evaluate the results re-
ceived from the search of the FBI database;
provide internal review of circumstances
when an individual is determined not to
be suitable to participate in a program;
and process appeals by individuals who
are denied the ability to participate in a
program because the individual failed this
suitability check.
Additionally, under the current pro-
posed regulations any participant in the
PTIN, acceptance agent, or authorized
e-file provider programs who resides and
is employed outside of the United States
will not have to be fingerprinted to par-
ticipate in these programs. Such persons,
however, must complywith all other ele-
ments of the suitability check. In addition,
the Treasury Department and the IRS
continue to study what additional require-
ments should apply to such persons. Any
October 24, 20115992011–43 I.R.B.

additional requirements would be set forth
in future guidance.
Individuals who are fingerprinted as
part of their application or participation
in the PTIN, acceptance agent, or autho-
rized e-file provider programs receive a
special benefit that is not received by the
general public. Individuals who partic-
ipate in the PTIN program receive the
special benefit of being able to prepare
all or substantially all of a tax return or
claim for refund for compensation. Indi-
viduals with a PTIN can charge for their
tax preparation services. The regulations
under section 6109 require tax return pre-
parers to have a PTIN if they prepare all or
substantially all of a tax return or claim for
refund for compensation. Passing a suit-
ability check is a prerequisite for receiving
a PTIN. For most PTIN applicants, the
suitability check includes, but is not lim-
ited to, fingerprinting and processing the
fingerprints through the FBI identification
records database. The IRS, however, does
not intend to fingerprint attorneys, certi-
fied public accountants, enrolled agents,
enrolled retirement plan agents, and en-
rolled actuaries who apply for a PTIN at
this time. The Treasury Department and
the IRS specifically request comments
on whether these individuals should be
exempt from the fingerprinting process.
Participants in the acceptance agent
program, which includes certifying accep-
tance agents, also receive a special benefit
from participation in the program. As
provided in Revenue Procedure 2006–10,
2006–1 C.B. 293, acceptance agents fa-
cilitate and expedite the issuance of in-
dividual taxpayer identification numbers
(ITINs) and employeridentification num-
ber (EINs) by verifying the identity and
foreign status of applicants. An individual
who wants to obtain an ITIN must submit
aFormW–7,“Application for IRS Individ-
ual Taxpayer Identification Number,” and
documentation that evidences the individ-
ual’s identity and status as an alien. An
EIN applicant must submit a Form SS–4,
“Application for Employer Identification
Number,” and any required supplementary
statements. Section 301.6109–1(d)(3)(iv)
provides that ITIN and EIN applicants
may submit the application and accom-
panying information directly to the IRS
or may use an acceptance agent. When a
certifying acceptance agent is used to ap-
ply for an ITIN, the ITIN applicant is not
required to submit documentation proving
the applicant’s identity or status as an alien
because the certifying acceptance agent
certifies to these facts. This certification
procedure is not available to EIN appli-
cants. The certification is submitted to the
IRS as part of the ITIN application.
To become an acceptance agent, ap-
plicants must pass a suitability check.
As part of the suitability check, most
applicants will be fingerprinted for pro-
cessing through the FBI identification
records database. Successful applicants
receive the special benefit of being able
to facilitate and expedite ITIN and EIN
applications and verify the applicants’
identity and status as an alien. Certifying
acceptance agents receive the additional
benefit of being able to certify ITIN ap-
plicants’ identity and status as an alien,
which enables ITIN applicants to retain
their identification and foreign status doc-
umentation. Acceptance agents can charge
a fee for their services.
All individuals who apply to become an
acceptance agent and who are required to
be fingerprinted must pay the fingerprint-
ing user fee. As of June 8, 2009, the IRS
began storing the fingerprints of all accep-
tance agent applicantselectronically. Prior
to that time, the fingerprints of acceptance
agent applicants generally were not stored
electronically. Fingerprints that are not
stored electronically deteriorate over time.
The IRS, therefore, may require accep-
tance agents who were fingerprinted prior
to June 8, 2009, and who are currently re-
quired to be fingerprinted, to be re-finger-
printed and pay the associated user fee.
All individuals who apply to become
authorized e-file providers also must pass
a suitability check. As part of the suit-
ability check, most applicants will be
fingerprinted for processing through the
FBI identification records database. The
guidelines for participation in this pro-
gram are in RevenueProcedure 2007–40,
2007–1 C.B. 1488, and numerous publi-
cations that are tailored to specific tax or
information returns. Successful applicants
receive an electronic filing identifica-
tion number (EFIN). Multiple persons
associated with an applicant may use the
same EFIN to electronically file tax and
information returns. Authorized e-file
providers receive the special benefit of
being able to electronically file specified
tax and information returns with the IRS.
Some e-file providers charge a fee for
performing this service.
All individuals who apply to become
an authorized e-file provider and who
are required to be fingerprinted must pay
the fingerprinting user fee. Addition-
ally, similar to the process for acceptance
agents described earlier in this preamble,
authorized e-file providers who were fin-
gerprinted before June 8, 2009, the date
the IRS began digitally storing all finger-
prints, and are required to be fingerprinted,
may be re-fingerprinted and required to
pay the associated user fee.
If the IRS has an individual’s finger-
prints digitally stored due to the individ-
ual’s application to participate or participa-
tion in the PTIN, acceptance agent, or au-
thorized e-file provider programs, the in-
dividual will not have to be fingerprinted
again to participate in one of the other pro-
grams.
The IRS did not charge a user fee for
acceptance agents or authorized e-file
providers to be fingerprinted previously
because an unduly large part of the user
fee would have been the cost of collecting
a user fee. With the addition of many
PTIN applicants as individuals who also
must be fingerprinted (the number of per-
sons being fingerprinted will increase to
approximately 460,000), the cost of col-
lecting the user fee has decreased relative
to the costs associatedwith fingerprinting.
Because the cost of collecting a user fee is
no longer an unduly large part of the user
fee, the IRS has determined that a user fee
is now appropriate and will charge a user
fee to recover the cost of fingerprinting the
applicants and certainparticipants in the
PTIN, acceptance agent, and authorized
e-file provider programs.
The proposed regulations also would
redesignate §300.12, Fee for obtaining
a preparer tax identification number, as
§300.13.
Authority
The charging of user fees is authorized
by the Independent Offices Appropriations
Act (IOAA) of 1952, which is codified at
31 U.S.C. 9701. The IOAA authorizes
agencies to prescribe regulations that es-
tablish charges for services provided by the
agency. The charges must be fair and must
be based on the costs to the government,
the value of the service to the recipient,
2011–43 I.R.B.600October 24, 2011

the public policy or interest served, and
other relevant facts. The IOAA provides
that regulations implementing user fees are
subject to policies prescribed by the Pres-
ident; these policies are currently set forth
in the Office of Management and Bud-
get Circular A–25, 58 FR 38142 (July 15,
1993) (the OMB Circular).
The OMB Circular encourages user
fees for government-provided services
that confer benefits on identifiable re-
cipients over and above those benefits
received by the general public. Under
the OMB Circular, an agency that seeks
to impose a user fee for government-pro-
vided services must calculate the full cost
of providing those services. In general, a
user fee should be set at an amount that
allows the agency to recover the full cost
of providing the special service, unless the
Office of Management and Budget grants
an exception.
Pursuant to the guidelines in the OMB
Circular, the IRS has calculated its cost of
providing services for the registered tax re-
turn preparer competency examination and
for fingerprinting applicants and certain
participants in the PTIN, acceptance agent,
and authorized e-fileprovider programs.
The government will charge the full cost of
administering theseservices and will im-
plement the proposed user fees under the
authority of the IOAA and the OMB Cir-
cular.
Proposed Effective/Applicability Date
The Administrative Procedure Act pro-
vides that substantive rules generally will
not be effective until thirty days after the
final regulations are published in theFed-
eral Register(5 U.S.C. 553(d)). Final
regulations may be effective prior to thirty
days after publication if the publishing
agency finds that there is good cause for
an earlier effective date.
This regulation is part of the IRS’s con-
tinued effort to implement the recommen-
dations in the “Return Preparer Review.”
The recently published amendments to
Circular 230 established registered tax
return preparers as practitioners under
Circular 230 and required that individu-
als must pass a competency examination,
among other requirements, to become a
registered tax return preparer. Before the
competency examination can be offered,
the competency examination user fee must
be in place. As part of the recent amend-
ments to the section 6109 regulations,
the IRS established a requirement to pass
a suitability check prior to obtaining a
PTIN. To fully implement the suitability
check, the regulations establishing a user
fee to be fingerprinted must be finalized so
the IRS can begin fingerprinting required
applicants. Further, the competency ex-
amination and the fingerprinting user fees
must be finalized significantly before the
2012 filing season to enable the IRS to
have these aspects of the new regulatory
program in place for the 2012 filing sea-
son.
Thus, the Treasury Department and the
IRS find that there is good cause for these
regulations to be effective upon the pub-
lication of a Treasury decision adopting
these rules as final regulations in theFed-
eral Register.
Special Analyses
It has been determined that this notice
of proposed rulemaking is not a significant
regulatory action as defined in Executive
Order 12866, as supplemented by Execu-
tive Order 13563.
It has been determined that an ini-
tial regulatory flexibility analysis under
5 U.S.C. 603 is required for this final rule.
The analysis is set forth under the heading,
“Initial Regulatory Flexibility Analysis.”
Pursuant to section 7805(f) of the Code,
this notice of proposed rulemaking has
been submitted to the Chief Counsel for
Advocacy of the Small Business Adminis-
tration for comment on its impact on small
business.
INITIAL REGULATORY FLEXIBILITY
ANALYSIS
When an agency issues a rulemaking
proposal, the Regulatory Flexibility Act
(5 U.S.C. chapter 6) (RFA) requires the
agency “to prepare and make available for
public comment an initial regulatory flex-
ibility analysis” that will “describe the im-
pact of the proposed rule on small enti-
ties.” See 5 U.S.C. 603(a). Section 605 of
the RFA provides an exception to this re-
quirement if the agency certifies that the
proposed rulemaking will not have a sig-
nificant economic impact on a substantial
number of small entities. A small entity
is defined as a small business, small non-
profit organization, or small governmental
jurisdiction. See 5 U.S.C. 601(3) through
(6). The IRS and the Treasury Department
conclude that the proposed rule, if promul-
gated, will have a significant economic im-
pact on a substantial number of small enti-
ties. As a result, an initial regulatory flex-
ibility analysis is required.
Description of the reasons why action by
the agency is being considered
Based upon the finding in the Report,
the IRS and the Treasury Department are
implementing regulatory changes that in-
crease the oversight of the tax return pre-
parer industry. These regulatory changes
include requiring persons who prepare all
or substantially all of a tax return or claim
for refund for compensation to obtain a
PTIN and creating a new category of Cir-
cular 230 practitioner called registered tax
return preparers. Individuals who wish
to become a registered tax return preparer
must pass a competency examination. In-
dividuals who pass the competency exam-
ination and become a registered tax re-
turn preparer will receive a special bene-
fit that the general public does not receive
because a registered tax return preparer is
allowedtoprepareandsignForm1040se-
ries returns (and accompanying schedules)
for compensation. Under the new PTIN
and Circular 230 guidance (including No-
tice 2011–6), only attorneys, certified pub-
lic accountants, enrolled agents, or regis-
tered tax return preparers can prepare and
sign all or substantially all of a Form 1040
series return for compensation. There are
costs to the IRS associated with overseeing
the registered tax return preparer compe-
tency examination and providing the spe-
cial benefits associated with being a regis-
tered tax return preparer. These proposed
regulations implement a user fee for taking
the registered tax return preparer compe-
tency examination to recover these costs.
PTIN holders, acceptance agents, and
e-file providers also receive a special ben-
efit from participation in the PTIN, accep-
tance agent, and authorized e-file provider
programs. PTIN holders receive the spe-
cial benefit of being able to prepare all or
substantially all of a tax return or claim
for refund for compensation. Acceptance
agents receive the special benefit of be-
ing able to facilitate and expedite ITIN and
EIN applications by validating the appli-
cant’s identity and status as a foreign per-
October 24, 20116012011–43 I.R.B.

son. Certifying acceptance agents also re-
ceive the special benefit of being able to
certify an ITIN applicant’s identity and sta-
tus as an alien. Authorized e-file providers
receive the benefit of being able to elec-
tronically file tax and information returns
with the IRS. As a prerequisite for partic-
ipation in these programs, applicants and
certain participants must pass a suitabil-
ity check. As part of the suitability check,
most applicants will be fingerprinted for
processing through the FBI identification
record database. There are costs to the
IRS to administer and review the process-
ing of applicant’s and certain participant’s
fingerprints as part of the suitability check.
These proposed regulations implement a
user fee for certain individuals to be fin-
gerprinted as part of the PTIN, acceptance
agent, or authorized e-file provider pro-
grams to recover these costs.
A succinct statement of the objectives of,
and legal basis for, the proposed rule
Regarding the registered tax return
preparer program, the objective of the
proposed regulations is to recover the
costs to the government associated with
the registered tax return preparer compe-
tency examination. This user fee will be
in addition to any reasonable fee charged
by the third-party vendor that is approved
by the IRS for administering the com-
petency examination. The costs to the
government include the personnel, admin-
istrative, management, and information
technology costs to develop and review
the competency examination, oversee
the competency examination, validate
the competency examination results, and
establish review procedures for persons
who contest the competency examination.
All individuals who are not attorneys,
certified public accountants, or enrolled
agents and want to prepare and sign Form
1040 series tax returns (and accompa-
nying schedules) for compensation will
be required to become a registered tax
return preparer and pass the competency
examination. Individuals who pass the
competency examination and become a
registered tax return preparer will receive
the special benefit of being able to pre-
pareandsignForm1040seriesreturnsfor
compensation. Registered tax return pre-
parers also will receive the benefit of being
able to represent taxpayers before revenue
agents, customer service representatives,
or similar officers and employees of the
IRS during examination if the registered
taxreturnpreparersignedthetaxreturn
for the period under examination. These
regulations recover the costs to the gov-
ernment that are associated with providing
this special benefit.
Regarding the fingerprinting user fee to
participate in the PTIN, acceptance agent,
or authorized e-file provider programs,
the purpose of the user fee is to recover
the costs to the government for providing
the special benefits associated with these
programs. This user fee will be in addition
to any user fee charged by the third-party
vendor, which will be approved by the
IRS, and covers the costs for obtaining the
fingerprints and transmitting the finger-
prints to the FBI. The fingerprinting user
feerecoversthecoststotheIRStotrans-
fer the fingerprints and the results of the
FBI database search to the IRS; perform
background checks on third-party vendor
employees; modify the database used to
receive, record, and store the search re-
sults; evaluate the results received from
the search of the FBI database; provide
internal review of circumstances where
an individual is found not suitable to par-
ticipate in the respective program; and
process appeals by individuals who are
denied the ability to participate in their re-
spective program because the individuals
failed the suitability check. Individuals
who participate in the PTIN program re-
ceive the special benefit of being able to
prepare all or substantially all of a tax
return or claim for refund for compensa-
tion. Individuals who participate in the
acceptance agent program receive the spe-
cial benefit of being able to facilitate and
expedite the issuance of ITINs and EINs
by verifying the applicant’s identity and
status as an alien; certifying acceptance
agents receive the additional benefit of
being able to certify an ITIN applicant’s
identity and status as an alien. Persons
who participate in the authorized e-file
provider program receive the special ben-
efit of being able to electronically file tax
and information returns.
The legal basis for establishing a user
fee is contained in section 9701 of title 31.
A description of and, where feasible, an
estimate of the number of small entities to
which the proposed rule will apply
The proposed regulations affect all in-
dividuals who want to become registered
tax return preparers under the new over-
sight rules in Circular 230. Only indi-
viduals, not businesses, can practice be-
fore the IRS or become a registered tax
return preparer. Thus, the economic im-
pact of these regulations on any small en-
tity generally will be a result of applicants
owning a small business or a small en-
tity employing applicants. The NAICS
code that relates to taxpreparation services
(NAICS code 541213) is the appropriate
code for the registered tax return preparer
program. Entities identified as tax prepa-
ration services are considered small un-
der the Small Business Administration size
standards (13 CFR 121.201) if their annual
revenue is less than $7 million. The IRS
estimates that approximately 350,000 in-
dividuals will become registered tax return
preparers. The IRS estimates that approx-
imately 70 to 80 percent of the individuals
who apply to become registered tax return
preparers are operating as or employed by
small entities.
The proposed regulations affect certain
individuals who have or want to obtain
a PTIN. Only individuals, not businesses,
can obtain a PTIN. Thus, the economic im-
pact of these regulations on any small en-
tity generally will be a result of an indi-
vidual tax return preparer who is required
to obtain a PTIN owning a small business
or a small business otherwise employing
an individual tax return preparer who is
required to apply for or renew a PTIN to
prepare all or substantially all of a tax re-
turn or claim for refund. The appropri-
ate NAICS codes for applicants or partici-
pants in the PTIN program who will have
to be fingerprinted relates to tax prepara-
tion services (NAICS code 541213). The
IRS estimates that approximately 450,000
individuals who receive a PTIN will be re-
quired to pay the fingerprinting user fee.
Entities identified as tax preparation ser-
vices and offices of lawyers are considered
small under the Small Business Adminis-
tration size standards if their annual rev-
enue is less than $7 million. The IRS es-
timates that approximately 70 to 80 per-
cent of the individuals required to be fin-
2011–43 I.R.B.602October 24, 2011

gerprinted are operating as or employed by
small entities.
The proposed regulations also affect in-
dividuals who are or want to become an ac-
ceptance agent. Only an individual can be-
come an acceptance agent; thus, the regu-
lations will economically impact any small
entity that is owned by or employs an ac-
ceptance agent. The NAICS code that re-
lates to tax preparation services (NAICS
code 541213) is the appropriate code for
the acceptance agent program. Entities
identified as tax preparation services are
considered small under the Small Business
Administration size standards if their an-
nual revenue is less than $7 million. The
IRS estimates that 3,500 individuals who
are not required to obtain a PTIN will
be fingerprinted as part of the acceptance
agent program. The IRS estimates that 80
to 90 percent of acceptance agents are op-
erating as or employed by small entities.
Finally, the proposed regulations will
affect any person that is an authorized
e-file provider or applies to become an
authorized e-file provider. Small busi-
nesses can be authorized e-file providers.
The NAICS code that relates to autho-
rized e-file providersisdataprocessing,
hosting, and related services (NAICS code
518210). Entities identified as data pro-
cessing, hosting, and related services are
considered small under the Small Business
Administration size standards if their an-
nual revenue is less than $25 million. The
IRS projects that 6,500 persons who are
not required to obtain a PTIN will be fin-
gerprinted as part of the authorized e-file
provider program. The IRS estimates that
99 percent of authorized e-file providers
are operating as small businesses.
A description of the projected reporting,
recordkeeping, and other compliance
requirements of the proposed rule,
including an estimate of the classes of
small entities that will be subject to the
requirement and the type of professional
skills necessary for preparation of the
report or record
No reporting or recordkeeping require-
ments are projected to be associated with
this proposed regulation.
An identification, to the extent practicable,
of all relevant Federal rules which may
duplicate, overlap, or conflict with the
proposed rule
The IRS is not aware of any federal
rules that duplicate, overlap, or conflict
with the proposed rule.
A description of any significant
alternatives to the proposed rule, which
accomplish the stated objectives of
applicable statutes and which minimize
any significant economic impact of the
proposed rule on small entities
TheIOAAauthorizesthechargingof
user fees for agency services, subject to
policies designated by the President. The
OMB Circular implements presidential
policies regarding user fees and encour-
ages user fees when a government agency
provides a special benefit to a member of
the public. As Congress has not appro-
priated funds to the registered tax return
preparer, PTIN, acceptance agent, or au-
thorized e-file provider programs, there
are no viable alternatives to the imposition
of user fees.
While the IRS previously did not charge
a user fee to recover its costs in conjunc-
tion with the fingerprinting of applicants
to the acceptance agent and authorized
e-file programs, the number of applicants
in these programs was small enough that
the cost of collecting a user fee to finger-
print applicants in these programs would
represent an unduly large portion of the
user fee. The addition of the PTIN appli-
cants as a group of individuals who also
are required to be fingerprinted increased
the number of persons required to be
fingerprinted to approximately 460,000.
Because the population of individuals to
be fingerprinted substantially increased,
the cost of collecting a user fee for finger-
printing acceptance agents and authorized
e-file providers is no longer an unduly
large portion of the user fee.
Comments and Public Hearing
Before these proposed regulations are
adopted as final regulations, consideration
will be given to any written (a signed origi-
nal and eight (8) copies) or electronic com-
ments that are submitted timely to the IRS.
The IRS and the Treasury Department re-
quest comments on the clarity of the pro-
posed regulations and how they can be
made easier to understand. All comments
will be available for public inspection and
copying.
A public hearing has been scheduled
for October 7, 2011 beginning at 10:00 am
in the IRS Auditorium, Internal Revenue
Building, 1111 Constitution Avenue,
NW, Washington, DC. Due to building
security procedures, visitors must enter
at the Constitution Avenue entrance. All
visitors must present photo identification
to enter the building. Because of access
restrictions, visitors will not be admitted
beyond the immediateentrance area more
than 30 minutes before the hearing starts.
For information about having your name
placed on the building access list to attend
the hearing, see the “FOR FURTHER
INFORMATION CONTACT”section of
this preamble.
The rules of 26 CFR 601.601(a)(3) ap-
ply to the hearing. Persons who wish to
present oral comments at the hearing must
submit written or electronic comments and
an outline of the topics to be discussed and
the time to be devoted to each topic by
October 4, 2011. A period of 10 minutes
will be allocated to each person for mak-
ing comments.
An agenda showing the scheduling of
the speakers will be prepared after the
deadline for receivingoutlines has passed.
Copies of the agenda will be available free
of charge at the hearing.
Drafting Information
The principal author of these regula-
tions is Emily M. Lesniak, Office of the
Associate Chief Counsel (Procedure and
Administration).
*****
Proposed Amendments to the
Regulations
Accordingly, 26 CFR Part 300 is pro-
posed to be amended as follows:
Part 300 — USER FEES
Paragraph 1. The authority citation for
part 300 continues to read in part as fol-
lows:
Authority: 31 U.S.C. 9701.
Par. 2. Section 300.0 is amended by:
1. Redesignating paragraph (b)(12) as
paragraph (b)(13).
October 24, 20116032011–43 I.R.B.

2. Adding new paragraph (b)(12).
3. Adding paragraph (b)(14).
The additions and revisions read as fol-
lows:
§300.0 User fees; in general.
*****
(b) * * *
(12) Taking the registered tax return
preparer examination.
***
(14) Fingerprinting to apply for, or par-
ticipate, in the preparer tax identification
number, authorized e-file provider, or ac-
ceptance agent programs.
§300.12[Redesignated as §300.13]
Par. 3. Redesignate §300.12 as
§300.13.
Par. 4. Adding new §300.12 to read as
follows:
§300.12 Registered tax return preparer
competency examination fee.
(a)Applicability. This section applies
to the competency examination to become
a registered tax return preparer pursuant to
31 CFR 10.4(c).
(b)Fee. The fee for taking the regis-
tered tax return preparer competency ex-
amination is $27, which is the government
cost for overseeing the examination and
does not include any fees charged by the
administrator of the examination.
(c)Person liable for the fee. The person
liable for the competency examination fee
is the applicant taking the examination.
(d)Effective/applicability date.This
section is applicable on the date the final
regulations are published in theFederal
Register.
Par. 5. Section 300.14 is added to read
as follows:
§300.14 Fingerprinting fee to participate
in the preparer tax identification number,
acceptance agent, or authorized e-file
provider programs.
(a)Applicability. This section ap-
plies to applicants and participants in
the preparer tax identification number,
acceptance agent, and authorized e-file
provider programs who are required to be
fingerprinted as prescribed by forms, in-
structions, or other appropriate guidance.
This section does not apply, however, to
individuals who reside and are employed
outside of the United States.
(b)Fee. The fee to be fingerprinted is
$33, which is the cost to the government
for processing the fingerprints and does
not include any fees charged by the vendor.
(c)Personliableforthefee. The person
liable for the fingerprinting fee is the per-
son being fingerprinted.
(d)Effective/applicability date.This
section is applicable on the date the final
regulations are published in theFederal
Register.
Steven T. Miller,
Deputy Commissioner for
Services and Enforcement.
(Filed by the Office of the Federal Register on September 21,
2011, 11:15 a.m., and published in the issue of the Federal
Register for September 26, 2011, 76 F.R. 59329)
2011–43 I.R.B.604October 24, 2011

Definition of Terms
Revenue rulings and revenue procedures
(hereinafter referred to as “rulings”) that
have an effect on previous rulings use the
following defined terms to describe the ef-
fect:
Amplifieddescribes a situation where
no change is being made in a prior pub-
lished position, but the prior position is be-
ingextendedtoapplytoavariationofthe
fact situation set forth therein. Thus, if
an earlier ruling held that a principle ap-
plied to A, and the new ruling holds that the
same principle also applies to B, the earlier
ruling is amplified. (Compare withmodi-
fied,below).
Clarifiedis used in those instances
where the language in a prior ruling is be-
ing made clear because the language has
caused, or may cause, some confusion.
It is not used where a position in a prior
ruling is being changed.
Distinguisheddescribes a situation
where a ruling mentions a previously pub-
lished ruling and points out an essential
difference between them.
Modifiedis used where the substance
of a previously published position is being
changed. Thus, if a prior ruling held that a
principle applied to A but not to B, and the
new ruling holds that it applies to both A
and B, the prior ruling is modified because
it corrects a published position. (Compare
withamplifiedandclarified, above).
Obsoleteddescribes a previously pub-
lished ruling that is not considered deter-
minative with respect to future transac-
tions. This term is most commonly used in
a ruling that lists previously published rul-
ings that are obsoleted because of changes
in laws or regulations. A ruling may also
be obsoleted because the substance has
been included in regulations subsequently
adopted.
Revokeddescribes situations where the
position in the previously published ruling
is not correct and the correct position is
beingstatedinanewruling.
Supersededdescribes a situation where
the new ruling does nothing more than re-
state the substance and situation of a previ-
ously published ruling (or rulings). Thus,
the term is used to republish under the
1986 Code and regulations the same po-
sition published under the 1939 Code and
regulations. The term is also used when
it is desired to republish in a single rul-
ing a series of situations, names, etc., that
were previously published over a period of
time in separate rulings. If the new rul-
ing does more than restate the substance
of a prior ruling, a combination of terms
is used. For example,modifiedandsu-
persededdescribes a situation where the
substance of a previously published ruling
is being changed in part and is continued
without change in part and it is desired to
restate the valid portion of the previously
published ruling in a new ruling that is self
contained. In this case, the previously pub-
lished ruling is first modified and then, as
modified, is superseded.
Supplementedis used in situations in
which a list, such as a list of the names of
countries, is published in a ruling and that
list is expanded by adding further names in
subsequent rulings. After the original rul-
ing has been supplemented several times, a
new ruling may be published that includes
the list in the original ruling and the ad-
ditions, and supersedes all prior rulings in
the series.
Suspendedis used in rare situations to
show that the previous published rulings
will not be applied pending some future
action such as the issuance of new or
amended regulations, the outcome of cases
in litigation, or the outcome of a Service
study.
Abbreviations
The fol
lowing abbreviations in current use
and for
merly used will appear in material
publis
hedintheBulletin.
A—Individual.
Acq.—A
cquiescence.
B—Individual.
BE—Beneficiary.
BK—Bank
.
B.T.A.—Board of Tax Appeals.
C—Individual.
C.B.—Cu
mulative Bulletin.
CFR—Code of Federal Regulations.
CI—City.
COOP—Coo
perative.
Ct.D.—Court Decision.
CY—County.
D—Decede
nt.
DC—Dummy Corporation.
DE—Donee.
Del. Order
—Delegation Order.
DISC—Domestic International Sales Corporation.
DR—Donor.
E—Estate.
EE—Employee.
E.O.—Executive Order.
ER—Emp
loyer.
ERISA—Employee Retirement Income Security Act.
EX—Executor.
F—Fiduc
iary.
FC—Foreign Country.
FICA—Federal Insurance Contributions Act.
FISC—Fo
reign International Sales Company.
FPH—Foreign Personal Holding Company.
F.R.—Federal Register.
FUTA—Fed
eral Unemployment Tax Act.
FX—Foreign corporation.
G.C.M.—Chief Counsel’s Memorandum.
GE—Grante
e.
GP—General Partner.
GR—Grantor.
IC—Insura
nce Company.
I.R.B.—Internal Revenue Bulletin.
LE—Lessee.
LP—Limited
Partner.
LR—Lessor.
M—Minor.
Nonacq.—No
nacquiescence.
O—Organization.
P—Parent Corporation.
PHC—Persona
l Holding Company.
PO—Possession of the U.S.
PR—Partner.
PRS—Pa
rtnership.
PTE—Prohibited Transaction Exemption.
Pub. L.—Public Law.
REIT—Re
al Estate Investment Trust.
Rev. Proc.—Revenue Procedure.
Rev. Rul.—Revenue Ruling.
S—Subsi
diary.
S.P.R.—Statement of Procedural Rules.
Stat.—Statutes at Large.
T—Target
Corporation.
T.C.—Tax Court.
T.D.—Treasury Decision.
TFE—Trans
feree.
TFR—Transferor.
T.I.R.—Technical Information Release.
TP—Taxpay
er.
TR—Trust.
TT—Trustee.
U.S.C.—Uni
ted States Code.
X—Corporation.
Y—Corporation.
Z—Corporat
ion.
October 24, 2011i2011–43 I.R.B.

Numerical Finding List
1
Bulletins 2011–27 through 2011–43
Announcements:
2011-37, 2011-27 I.R.B.37
2011-38, 2011-28 I.R.B.45
2011-39, 2011-28 I.R.B.46
2011-40, 2011-29 I.R.B.56
2011-41, 2011-28 I.R.B.47
2011-42, 2011-32 I.R.B.138
2011-43, 2011-35 I.R.B.198
2011-44, 2011-33 I.R.B.164
2011-45, 2011-34 I.R.B.178
2011-46, 2011-34 I.R.B.178
2011-47, 2011-34 I.R.B.178
2011-48, 2011-36 I.R.B.227
2011-49, 2011-36 I.R.B.228
2011-50, 2011-38 I.R.B.409
2011-51, 2011-38 I.R.B.409
2011-52, 2011-38 I.R.B.409
2011-53, 2011-38 I.R.B.409
2011-54, 2011-38 I.R.B.409
2011-55, 2011-38 I.R.B.409
2011-56, 2011-38 I.R.B.409
2011-57, 2011-38 I.R.B.409
2011-58, 2011-38 I.R.B.410
2011-59, 2011-37 I.R.B.335
2011-61, 2011-39 I.R.B.453
2011-62, 2011-40 I.R.B.483
2011-63, 2011-41 I.R.B.503
2011-64, 2011-41 I.R.B.503
Notices:
2011-47, 2011-27 I.R.B.34
2011-50, 2011-27 I.R.B.35
2011-51, 2011-27 I.R.B.36
2011-52, 2011-30 I.R.B.60
2011-53, 2011-32 I.R.B.124
2011-54, 2011-29 I.R.B.53
2011-55, 2011-29 I.R.B.53
2011-56, 2011-29 I.R.B.54
2011-57, 2011-31 I.R.B.84
2011-58, 2011-31 I.R.B.85
2011-59, 2011-31 I.R.B.86
2011-60, 2011-31 I.R.B.90
2011-61, 2011-31 I.R.B.91
2011-62, 2011-32 I.R.B.126
2011-63, 2011-34 I.R.B.172
2011-64, 2011-37 I.R.B.231
2011-65, 2011-34 I.R.B.173
2011-66, 2011-35 I.R.B.184
2011-67, 2011-34 I.R.B.174
2011-68, 2011-36 I.R.B.205
2011-69, 2011-39 I.R.B.445
2011-70, 2011-32 I.R.B.135
Notices— Continued:
2011-71, 2011-37 I.R.B.233
2011-72, 2011-38 I.R.B.407
2011-73, 2011-40 I.R.B.474
2011-74, 2011-41 I.R.B.496
2011-75, 2011-40 I.R.B.475
2011-76, 2011-40 I.R.B.479
2011-78, 2011-41 I.R.B.497
2011-79, 2011-41 I.R.B.498
2011-80, 2011-43 I.R.B.591
2011-81, 2011-42 I.R.B.513
2011-82, 2011-42 I.R.B.516
2011-83, 2011-43 I.R.B.593
2011-84, 2011-43 I.R.B.595
Proposed Regulations:
REG-128224-06, 2011-42 I.R.B.533
REG-137128-08, 2011-28 I.R.B.43
REG-112805-10, 2011-40 I.R.B.482
REG-120391-10, 2011-39 I.R.B.451
REG-125592-10, 2011-32 I.R.B.137
REG-131491-10, 2011-36 I.R.B.208
REG-140038-10, 2011-42 I.R.B.537
REG-109006-11, 2011-37 I.R.B.334
REG-101352-11, 2011-30 I.R.B.75
REG-111283-11, 2011-42 I.R.B.573
REG-116284-11, 2011-43 I.R.B.598
REG-118809-11, 2011-33 I.R.B.162
REG-122813-11, 2011-35 I.R.B.197
REG-126519-11, 2011-39 I.R.B.452
Revenue Procedures:
2011-38, 2011-30 I.R.B.66
2011-39, 2011-30 I.R.B.68
2011-40, 2011-37 I.R.B.235
2011-41, 2011-35 I.R.B.188
2011-42, 2011-37 I.R.B.318
2011-43, 2011-37 I.R.B.326
2011-44, 2011-39 I.R.B.446
2011-45, 2011-39 I.R.B.449
2011-46, 2011-42 I.R.B.518
2011-47, 2011-42 I.R.B.520
2011-48, 2011-42 I.R.B.527
Revenue Rulings:
2011-14, 2011-27 I.R.B.31
2011-15, 2011-30 I.R.B.57
2011-16, 2011-32 I.R.B.93
2011-17, 2011-33 I.R.B.160
2011-18, 2011-39 I.R.B.428
2011-19, 2011-36 I.R.B.199
2011-20, 2011-36 I.R.B.202
2011-21, 2011-40 I.R.B.458
2011-22, 2011-41 I.R.B.489
2011-23, 2011-43 I.R.B.585
2011-24, 2011-41 I.R.B.485
Treasury Decisions:
9527, 2011-27 I.R.B.1
9528, 2011-28 I.R.B.38
9529, 2011-30 I.R.B.57
9530, 2011-31 I.R.B.77
9531, 2011-31 I.R.B.79
9532, 2011-32 I.R.B.95
9533, 2011-33 I.R.B.139
9534, 2011-33 I.R.B.144
9535, 2011-39 I.R.B.415
9536, 2011-39 I.R.B.426
9537, 2011-35 I.R.B.181
9538, 2011-37 I.R.B.229
9539, 2011-35 I.R.B.179
9540, 2011-38 I.R.B.341
9541, 2011-39 I.R.B.438
9542, 2011-39 I.R.B.411
9543, 2011-40 I.R.B.470
9544, 2011-40 I.R.B.458
9545, 2011-41 I.R.B.490
9546, 2011-42 I.R.B.505
9547, 2011-43 I.R.B.580
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2011–1 through 2011–26 is in Internal Revenue Bulletin
2011–26, dated June 27, 2011.
2011–43 I.R.B.iiOctober 24, 2011

Finding List of Current Actions on
Previously Published Items
1
Bulletins 2011–27 through 2011–43
Announcements:
2007-47
Updated and superseded by
Ann. 2011-59, 2011-37 I.R.B.335
Notices:
2006-101
Amplified and superseded by
Notice 2011-64, 2011-37 I.R.B.231
2007-93
Obsoleted by
T.D. 9545, 2011-41 I.R.B.490
2010-23
Modified and supplemented by
Notice 2011-54, 2011-29 I.R.B.53
2010-81
Amended and supplemented by
Notice 2011-63, 2011-34 I.R.B.172
2010-88
Modified by
Ann. 2011-40, 2011-29 I.R.B.56
Proposed Regulations:
REG-118761-09
Hearing scheduled by
Ann. 2011-38, 2011-28 I.R.B.45
REG-151687-10
Hearing scheduled by
Ann. 2011-48, 2011-36 I.R.B.227
Revenue Procedures:
72-36
Amplified and modified by
Rev. Proc. 2011-42, 2011-37 I.R.B.318
2004-29
Amplified and modified by
Rev. Proc. 2011-42, 2011-37 I.R.B.318
2006-56
Modified and amplified by
Rev. Proc. 2011-46, 2011-42 I.R.B.518
2007-35
Amplified and modified by
Rev. Proc. 2011-42, 2011-37 I.R.B.318
2008-24
Modified and superseded by
Rev. Proc. 2011-38, 2011-30 I.R.B.66
2008-32
Superseded by
Rev. Proc. 2011-39, 2011-30 I.R.B.68
Revenue Procedures— Continued:
2010-39
Amplified, modified, and superseded by
Rev. Proc. 2011-47, 2011-42 I.R.B.520
2011-4
Modified by
Rev. Proc. 2011-44, 2011-39 I.R.B.446
2011-14
Modified by
Rev. Proc. 2011-43, 2011-37 I.R.B.326
2011-35
Amplified and modified by
Rev. Proc. 2011-42, 2011-37 I.R.B.318
Revenue Rulings:
58-225
Obsoleted by
Rev. Rul. 2011-15, 2011-30 I.R.B.57
92-19
Supplemented in part by
Rev. Rul. 2011-23, 2011-43 I.R.B.585
Treasury Decisions:
9527
Corrected by
Ann. 2011-49, 2011-36 I.R.B.228
1
A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2011–1 through 2011–26 is in Internal Revenue Bulletin 2011–26, dated June 27, 2011.
October 24, 2011iii2011–43 I.R.B.

2011–43 I.R.B.October 24, 2011

October 24, 20112011–43 I.R.B.

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