us-irs-revenue-procedures-irb-2011-37-pdf•Internal Revenue Bulletin 2011-37 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2011-37 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2011-37-pdfInternal Revenue Bulletin 2011-37 (PDF rendition): IRS Revenue ProceduresGuidance
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Bulletin No. 201 1-37 September 12, 20 11 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. INCOME TAX T.D. 9538, page 229. REG–109006–11, page 334. Final, temporary, and proposed regulations under section 1001 of the Code explain when the transfer or assignment of certain derivative contracts does not result in a realization event for the nonassigning counterparty to the contract. A public hearing on the proposed regulations is scheduled for October 27, 2011. Notice 2011–64, page 231. Pursuant to section 1(h)(11) of the Code, a dividend paid to an individual shareholder from a domestic corporation or a “quali- fied foreign corporation” is subject to tax at the reduced rates applicable to certain capital gains. A qualified foreign corpora- tion includes certain foreign corporations that are eligible for benefits of a comprehensive income tax treaty with the United States that the Secretary determines is satisfactory for pur- poses of this provision and that includes an exchange of infor- mation provision. This notice updates the list of U.S. income tax treaties that meet these requirements to reflect two new in- come tax treaties that have entered into force since the list was last updated in Notice 2006–101, 2006–2 C.B. 930. This no- tice also clarifies the requirements for treatment as a qualified foreign corporation. Notice 2006–101 amplified and super- seded. Notice 2011–71, page 233. This notice provides guidance under section 6050W of the Code regarding the documentation and reporting obligations of payment settlement entities (PSEs) that are United States pay- ors making payment outside the U.S. to an offshore account. Rev. Proc. 2011–43, page 326. This procedure provides a safe harbor method of accounting that taxpayers may use to determine whether expenditures to maintain, replace, or improve electric transmission and distri- bution property must be capitalized under section 263(a) of the Code. The procedure also provides procedures for obtaining automatic consent to change to the safe harbor method of ac- counting. Rev. Proc. 2011–14 modified. EMPLOYEE PLANS Announcement 2011–59, page 335. Nonbank trustees; section 1.408–2(e) of the regulations. This announcement contains a list of entities approved to act as nonbank trustees and nonbank custodians within the mean- ing of section 1.408–2(e) of the regulations. In addition, the announcement contains instructions on how errors in the list may be corrected. Announcement 2007–47 updated and su- perseded. ADMINISTRATIVE Rev. Proc. 2011–40, page 235. This procedure contains updates and changes to Publication 1220,Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935 and W-2G Electronically(revised 8–2011). Rev. Proc. 2010–26 superseded. Rev. Proc. 2011–42, page 318. This procedure provides taxpayers with guidance regarding the use and evaluation of statistical samples and sampling estimates. Rev. Procs. 72–36, 2004–29, 2007–35 and 2011–35 amplified and modified. Finding Lists begin on page ii. 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. September 12, 20112011–37 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 263.— Capital Expenditures A safe harbor method of accounting is provided for determining whether expenditures to maintain, re- place, or improve electric transmission and distribu- tion property must be capitalized under section 263(a) of the Internal Revenue Code. The revenue proce- dure also explains how a taxpayer may obtain auto- matic consent from the Commissioner of the Internal Revenue to change to the safe harbor method of ac- counting. See Rev. Proc. 2011-43, page 326. Section 1001.—Determi- nation of Amount of and Recognition of Gain or Loss 26 CFR 1.1001–4: Modifications of certain deriva- tive contracts. T.D. 9538 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Modifications of Certain Derivative Contracts AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regula- tions. SUMMARY: This document contains fi- nal and temporary regulations that address when a transfer or assignment of certain derivative contracts does not result in an exchange to the nonassigning counterparty for purposes of §1.1001–1(a). The text of these temporary regulations also serves as the text of the proposed regulations (REG–109006–11) set forth in this issue of the Bulletin. DATES:Effective Date:These regulations are effective on July 22, 2011. Applicability Date:For the date of ap- plicability, see §1.1001–4T(d). FOR F URTHER INFORMATION CONT ACT: Andrea M. Hoffenson, (202) 622– 3920 (not a toll-free number). SUPPLEMENTAR Y INFORMATION: Background Section 1001 o f the Internal Revenue Code (Code) pr ovides rules for the compu- tation and rec ognition of gain or loss from asaleorothe r disposition of property. For purposes of s ection 1001, §1.1001–1(a) of the Income Ta x Regulations generally pro- vides that ga in or loss is realized upon an exchange of p roperty for other property differing m aterially either in kind or in ex- tent. As a ge neral matter, the assignment of a notiona l principal contract is treated as a taxable disposition to a nonassign- ing counte rparty if the resulting contract differs ma terially either in kind or in ex- tent. SeeC ottage Savings Association v. Commissio ner, 499 U.S. 554, 566 (1991) [1991–2 C .B. 34, 38] (“Under [the Court’s] interpre tation of [section] 1001(a), an ex- change of property gives rise to a realiza- tion even tsolongastheexchangedprop- erties ar e ‘materially different’—that is, so long as t hey embody legally distinct enti- tlement s.”). Section 1.1001–4(a) provides, however , that the substitution of a new party on a notional principal contract is not trea ted as a deemed exchange of the contra ct by the nonassigning party for pur- poses o f §1.1001–1(a) if two conditions are sat isfied: the assignment is between dealer s in notional principal contracts and the ter ms of the contract permit the substi- tutio n. Many no tional principal contracts per- mit as signment of the contract only with the co nsent of the nonassigning counter- party . There has been some uncertainty as to w hether a contract that requires the conse nt of the nonassigning counterparty as a c ondition to assignment will satisfy the s econd requirement of §1.1001–4(a) as de scribed in the previous paragraph. In addi tion, commenters have suggested that the s cope of §1.1001–4 is too narrow be- cau se it only applies to notional principal con tracts. The need to amend §1.1001–4 has been increased by the Dodd-Frank Wal l Street Reform and Consumer Pro- tec tion Act, Public Law 111–203 (124 Sta t 1376 (2010)) (Dodd-Frank), which in so me cases will necessitate the movement of entire book s of derivative contracts. In particular , there is a concern that the assignment of derivative contracts may create a taxa ble event for the nonassigning counterpart ies to the assigned contracts. The IRS and th e Treasury Depart- ment agree th at §1.1001–4 should be amended and e xpanded to include deriva- tive contrac ts other than notional principal contracts. These temporary regulations replace the current, final regulations of §1.1001–4. Explanatio nofProvisions These tempo rary regulations provide that there i s no exchange to the nonas- signing cou nterparty for purposes of §1.1001–1 (a) solely because a dealer or a clearing house transfers or assigns a derivativ e contract to another dealer or clearingh ouse, provided that the transfer or assignme nt is permitted by the terms of the contract . The derivative contracts to which these reg ulations apply are those described in sectio ns 475(c)(2)(D), 475(c)(2)(E), 475(c)( 2)(F), 475(e)(2)(B), 475(e)(2)(C), or 475(e )(2)(D), or §1.446–3(c)(1). In additio n, these temporary regulations pro- vide tha t transfers or assignments are permitt ed by the terms of the contract when co nsent of the nonassigning counter- party i s required as well as those transfers or assi gnments that do not require con- sent. I f consideration passes between the assign or and assignee in connection with the tra nsfer or assignment, the consider- ation will not affect the treatment of the nonas signing counterparty for purposes of §1.10 01–4. If any consideration is paid to or r eceived by the nonassigning coun- terpa rty, however, the payment or receipt of th e consideration is analyzed under the g eneral principles of section 1001 to dete rmine its effect on the nonassigning coun terparty. In addition, any changes to th e terms of the contract are analyzed und er the general principles of section 100 1 to determine whether there has been asa le or disposition of the contract by the par ties. 2011–37 I.R.B.229September 12, 2011 Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in Executive Order 12866. Therefore, a regulatory assessment is not required. It has also been determined that section 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulations do not impose a collection of information on small entities, the Regu- latory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advo- cacy of the Small Business Administration for comment on their impact on small busi- nesses. Drafting Information The principal author of these regula- tions is Andrea M. Hoffenson, Office of Associate Chief Counsel (Financial Insti- tutions and Products). However, other personnel from the IRS and the Treasury Department participated in their develop- ment. ***** Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.1001–4 is revised to read as follows: §1.1001–4 Modifications of certain derivative contracts. (a) through (d) [Reserved]. For further guidance, see §1.1001–4T(a) through (d). Par. 3. Section 1.1001–4T is added to read as follows: §1.1001–4T Modifications of certain derivative contracts (temporary). (a)Certain assignments. For purposes of §1.1001–1(a), the transfer or assign- ment of a derivative contract is not treated by the nonassigning counterparty as a deemed exchange of the original contract for a modified contractthat differs materi- ally either in kind or in extent if— (1) Both the party transferring or as- signing its rights and obligations under the derivative contract and the party to which the rights and obligations are transferred or assigned are either adealer or a clearing- house; (2) The terms of the derivative contract permit the transfer or assignment of the contract, whether or not the consent of the nonassigning counterparty is required for the transfer or assignment to be effective; and (3) The terms of the derivative contract are not otherwise modified in a manner that results in a taxable exchange under section 1001. (b)Definitions.(1)Dealer. For pur- posesofthissection,adealeris a taxpayer who meets the definition of a dealer in se- curities in section 475(c)(1) or is a dealer in commodities derivative contracts. (2)Clearinghouse. For purposes of this section, aclearinghouseis a derivatives clearing organization (as such term is de- finedinsection1aoftheCommodityEx- change Act (7 U.S.C. 1a)) or a clearing agency (as such term is defined in section 3 of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a))) that is registered, or exempt from registration, under each re- spective Act. (3)Derivative contract. For purposes of this section, aderivative contractis a contract described in— (i) Section 475(c)(2)(D), 475(c)(2)(E), or 475(c)(2)(F) without regard to the last sentence of section 475(c)(2) referencing section 1256; (ii) Section 475(e)(2)(B), 475(e)(2)(C), or 475(e)(2)(D); or (iii) Section 1.446–3(c)(1). (c)Consideration for the assignment. Any consideration for the transfer or as- signment that passes between the party transferring or assigning its rights and obli- gations under the contract and the party to which the rights and obligations are trans- ferred or assigned will not affect the treat- ment of the nonassigning counterparty for purposes of this section. (d)Effective/applicability date.This section applies to transfers or assignments of derivative contracts on or after July 22, 2011. (e)Expiration date. The applicability of this section expires on or before July 21, 2014. Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved July 15, 2011. Emily S. McMahon, Assistant Secretary of theTreasury(TaxPolicy). (Filed by the Office of the Federal Register on July 21, 2011, 8:45 a.m., and published in the issue of the Federal Register for July 22, 2011, 76 F.R. 43892) September 12, 20112302011–37 I.R.B. Part III. Administrative, Procedural, and Miscellaneous United States Income Tax Treaties That Meet the Requirements of Section 1(h)(11)(C)(i)(II) Notice 2011–64 1. SUMMARY The Jobs and Growth Tax Relief Rec- onciliation Act of 2003 (P.L. 108–27, 117 Stat. 752) (the “2003 Act”) was enacted on May 28, 2003. Subject to certain limitations, the 2003 Act gener- ally provides that a dividend paid to an individual shareholder from either a do- mestic corporation or a “qualified foreign corporation” is subject to tax at the re- duced rates applicable to certain capital gains. A qualified foreign corporation includes certain foreign corporations that are eligible for benefits of a comprehen- sive income tax treaty with the United States that the Secretary determines is satisfactory for purposes of this provision and that includes an exchange of infor- mation provision. On October 20, 2003, the Service published Notice 2003–69, 2003–2 C.B. 851, which contains a list of the U.S. income tax treaties that met these requirements at that time. The list was updated by Notice 2006–101, 2006–2 C.B. 930, published on November 20, 2006. This notice updates the list to reflect two new income tax treaties that have entered into force since the publication of Notice 2006–101. In addition, this notice clarifies the requirements for treatment as a qualified foreign corporation. 2. ANALYSIS Section 1(h)(1) of the Internal Revenue Code (the “Code”) generally provides that a taxpayer’s “net capital gain” for any tax- able year will be subject to a maximum tax rate of 15 percent (or 5 percent in the case of certain taxpayers). The 2003 Act added section 1(h)(11), which provides that net capital gain for purposes of section 1(h) means net capital gain (determined with- out regard to section 1(h)(11)) increased by “qualified dividend income.” Quali- fied dividend income means dividends received during the taxable year from domestic corporations and “qualified for- eign corporations.” Section 1(h)(11)(B)(i). Subject to certain exceptions, a qualified foreign corporation is any foreign corpo- ration that is either (i) incorporated in a possession of the United States, or (ii) eligible for benefits of a comprehensive income tax treaty with the United States that the Secretary determines is satisfac- tory for purposes of this provision and that includes an exchange of informa- tion program (the “treaty test”). Section 1(h)(11)(C)(i). A foreign corporation that does not sat- isfy either of these two tests is treated as a qualified foreign corporation with respect toanydividendpaidbysuchcorporationif the stock with respect to which such divi- dend is paid is readily tradable on an es- tablished securities market in the United States. Section 1(h)(11)(C)(ii).SeeNotice 2003–71, 2003–2 C.B. 922, for the defini- tion, for taxable years beginning on or after January 1, 2003, of “readily tradable on an established securities market in the United States.” A qualified foreign corporation does not include any foreign corporation that for the taxable year of the corporation in which the dividend was paid, or the pre- ceding taxable year, is a passive foreign investment company (as defined in sec- tion 1297). Section 1(h)(11)(C)(iii). A dividend from a qualified foreign corpo- ration is also subject to the other limita- tionsinsection1(h)(11). Forexample,a shareholder receiving a dividend from a qualified foreign corporation must satisfy the holding period requirements of section 1(h)(11)(B)(iii). The appendix to this notice sets forth the current list of U.S. income tax treaties that meet the requirements of section 1(h)(11)(C)(i)(II). The list has been up- dated to include two treaties that entered into force after the publication of Notice 2006–101: the treaty with Bulgaria (which entered into force on December 15, 2008) and the treaty with Malta (which entered into force on November 23, 2010). Three U.S. income tax treaties do not meet the requirements of sec- tion 1(h)(11)(C)(i)(II). They are the U.S.-U.S.S.R. income tax treaty (which was signed on June 20, 1973, and cur- rently applies to certain former Soviet Re- publics), and the tax treaties with Bermuda and the Netherlands Antilles. Treasury and the IRS intend to continue to update this list, as appropriate. Situa- tions that may result in changes to the list include the entry into force of new income tax treaties and the amendment or rene- gotiation of existing tax treaties. Further, Treasury and the IRS continue to study the operation of each of our income tax treaties, including the implications of any change in the domestic laws of the treaty partner, to ensure that the treaty accom- plishes its intended objectives and contin- ues to be satisfactory for purposes of this provision. 3. OTHER REQUIREMENTS In order to be treated as a qualified for- eign corporation under the treaty test, a foreign corporation must be eligible for benefits of one of the U.S. income tax treaties listed in the Appendix. Accord- ingly, the foreign corporation must be a resident within the meaning of such term under the relevant treaty and must satisfy any other requirements of that treaty, in- cluding the requirements under any appli- cable limitation on benefits provision. For purposes of determining whether it satis- fies these requirements, a foreign corpora- tion is treated as though it were claiming treaty benefits, even if it does not derive income from sources within the United States.SeeH.R. Conf. Rep. No. 108–126, at 42 (2003) (stating that a company will be treated as eligible for treaty benefits if it “would qualify” for benefits under the treaty). 4. EFFECTIVE DATE This notice is effective with respect to Bulgaria for dividends paid on or after De- cember 15, 2008. This notice is effective with respect to Malta for dividends paid on or after November 23, 2010. This notice is effective with respect to Bangladesh for dividends paid on or after August 7, 2006. This notice is effective with respect to Barbados for dividends paid on or after December 20, 2004. This notice is effective with respect to Sri Lanka for dividends paid on or after 2011–37 I.R.B.231September 12, 2011 July 12, 2004. This notice is effective with respect to all other U.S. income tax treaties listed in the Appendix for taxable years beginning after December 31, 2002. 5. EFFECT ON OTHER DOCUMENTS Notice 2006–101 is amplified and su- perseded. 6. CONTACT INFORMATION The principal author of this notice is Rosy L. Lor of the Office of Associate Chief Counsel (International). For further information regarding this notice, contact Ms. Lor at (202) 622–3880 (not a toll-free call). September 12, 20112322011–37 I.R.B. APPENDIX U.S. INCOME TAX TREATIES SATISFYING THE REQUIREMENTS OF SECTION 1(h)(11)(C)(i)(II) AustraliaGermanyLuxembourgSouth Africa AustriaGreeceMaltaSpain BangladeshHungaryMexicoSri Lanka BulgariaIcelandMoroccoSweden BarbadosIndiaNetherlandsSwitzerland BelgiumIndonesiaNew ZealandThailand CanadaIrelandNorwayTrinidad and Tobago ChinaIsraelPakistanTunisia CyprusItalyPhilippinesTurkey Czech RepublicJamaicaPolandUkraine DenmarkJapanPortugalUnited Kingdom EgyptKazakhstanRomaniaVenezuela EstoniaKoreaRussian Federation FinlandLatviaSlovak Republic FranceLithuaniaSlovenia Documentation Requirements Under Section 6050W for U.S. Payors Making Payment Outside the United States to an Offshore Account Notice 2011–71 PURPOSE This notice provides interim guid- ance to payment settlement entities (as defined in §1.6050W–1(a)(4)(i)) (PSEs) that are United States payors or United States middlemen (each as defined in §1.6049–5(c)(5)) (U.S. payors) regarding the circumstances under which such a PSE must obtain, review, and maintain docu- mentation to establish that a participating payee is a foreign person for purposes of section 6050W. The Treasury Department and the Internal Revenue Service (IRS) intend to amend the regulations under section 6050W to reflect the guidance provided in this notice. PSEs may rely on the interim guidance in this notice until the regulations are amended. BACKGROUND Section 6050W was added by section 3091 of the Housing Assistance Tax Act of 2008, Div. C of Pub. L. No. 110–289, 122 Stat. 2653 (the Act) and requires infor- mation returns to be made by certain pay- ors with respect to payments made in set- tlement of payment card transactions and third party payment network transactions. Section 6050W(d)(1)(B) provides that, ex- cept as provided by the Secretary in regu- lations or other guidance, the termpartic- ipating payeedoes not include any person with a foreign address. The final regula- tions prescribe the circumstances in which a PSE is required to report payments made to a participating payee that has a foreign address. Specifically, the final regulations provide that a PSE that is not a U.S. payor is not required to report payments made to a participating payee that does not have a U.S. address as long as the PSE nei- ther knows nor has reason to know that the payee is a United States person (U.S. person). If the participating payee has any U.S. address, such a PSE may treat the par- ticipating payee as a foreign person only if the PSE has in its files documentation upon which the PSE may rely to treat the payment as made to a foreign person in ac- cordance with §1.1441–1(e)(1)(ii). The final regulations also provide that a PSE that is a U.S. payor is not required to report payments to payees with a for- eign address as long as, prior to payment, the payee has provided the payor with documentation upon which the payor may rely to treat the payment as made to a foreign person in accordance with §1.1441–1(e)(1)(ii). In addition, the final regulations pro- vide a presumption under which a PSE that is a U.S. payor making a payment out- side the United States (within the meaning of §1.6049–5(e)) to an offshore account (as defined in §1.6049–5(c)(1)) need not report payments to a participating payee with only a foreign address if the name of the participating payee indicates that it is a foreignper secorporation listed in §301.7701–2(b)(8)(i) (a foreignper secor- poration) and the PSE neither knows nor has reason to know that the participating payee is a U.S. person. The final reg- ulations also provide a grace period af- ter account opening to collect documen- tation by applying the grace period rules of §1.6049–5(d)(2)(ii) if the participating payee has only a foreign address. The final regulations apply to returns for calendar years beginning after Decem- ber 31, 2010. The final regulations also provide a transition rule, which provides that for payments made pursuant to con- tractual obligations entered into before January 1, 2011, a PSE that is a U.S. payor is not required to report payments made to a participating payee with a foreign address as long as the U.S. payor neither knows nor has reason to know that the payee is a U.S. person. For this purpose, a renewal of such a contractual obligation will not result in a new contractual obliga- tion unless there is a material modification of the contractual obligation. DISCUSSION Treasury and the IRS have received comments citing administrative burdens associated with implementing the final regulations and requesting that, in light of those administrative burdens, the fi- nal regulations be amended so that PSEs that are U.S. payors operating outside the United States would be required to collect 2011–37 I.R.B.233September 12, 2011 documentation to determine the U.S. or non-U.S. status of a participating payee only if certain indicia of U.S. status are present. In response to these comments, the Treasury Department and the IRS intend to amend the regulations under section 6050W to provide that a PSE that is a U.S. payor will only be required to make the return of information required under §1.6050W–1(a)(1) with respect to a pay- ment made outside the United States to an offshore account if any of the follow- ing applies: (i) there is a U.S. address associated with the participating payee (whether a residence address or correspon- dence address); (ii) the PSE has standing instructions to direct the payment to a bank account maintained in the United States; (iii) the participating payee sub- mits for payment in U.S. dollars; or (iv) the PSE knows or has reason to know that the participating payee is a U.S. per- son. A PSE will not be required to make the return of information required under §1.6050W–1(a)(1) with respect to a pay- ment made outside the United States to an offshore account in the circumstances described in the preceding sentence if the PSE obtains from the participating payee a Form W–8 or documentary evidence establishing the payee’s non-U.S. status and the PSE does not know that the payee is a U.S. person. For this purpose, Forms W–8 (or the substitute forms described below) and documentary evidence: (i) must be collected by the PSE by the later of January 1, 2012, or the date that is 90 days after the date on which the PSE enters into the contractual obligations with the participating payee; and (ii) in the case of a Form W–8 (or substitute form described below), may be relied upon only when the requirements of §1.1441–7(b)(5)(i)(A) or (B), and (ii), are satisfied, or, in the case of documentary evidence, may be relied upon only when the requirements of §1.1441–7(b)(7) and –7(b)(8)(ii) and (iii) are satisfied. In the case of a pay- ment to a foreign payee of income that is effectively connected with the conduct of a trade or business in the United States, the appropriate withholding certificate is a Form W–8ECI. For all other payments, the appropriate withholding certificate is a Form W–8BEN. The special rule in the final regulations for a participating payee that has a name that indicates it is a foreignper secorpora- tion will be retained. That is, a PSE that is a U.S. payor will not be required to make the return of information required under §1.6050W–1(a)(1) with respect to a pay- ment made outside the United States to an offshore account to a participating payee with only a foreign address if the name of the participating payee indicates that it is an entity listed as aper secorporation un- der §301.7701–2(b)(8)(i) unless the PSE knows or has reason to know that the payee is a U.S. person. Treasury and the IRS also intend to amend the regulations to clarify that a PSE that is not a U.S. payor, and that has reason to know, but not actual knowledge, that a participating payee is a U.S. person, will not be required to make the return of infor- mation required under §1.6050W–1(a)(1) if the PSE obtains from the payee a Form W–8 that satisfies the requirements of §1.1441–7(b)(5)(i)(A) or (B), and (ii), or documentary evidence that satisfies the requirements of §1.1441–7(b)(7) and –7(b)(8)(ii) and (iii). Treasury and the IRS also intend to modify the regulations to allow a PSE to accept a substitute form in lieu of a Form W–8BEN in order for a participating payee to certify its non-U.S. status. Such sub- stitute form will be acceptable provided that it contains the payee’s name, country of incorporation (when applicable), type of entity, residence and mailing address (if different from residence address), the certification of the payee’s non-U.S. sta- tus made under penalties of perjury and, in the case of a participating payee that is an entity, the capacity of the individ- ual providing the certification of behalf of the payee. In lieu of the certification and penalties-of-perjury statement con- tained on the Form W–8BEN, a substitute form may contain the following statement: “Under penalties of perjury, I declare that the payee providing this certification is not a United States person (i.e., a citizen or resident of the United States as determined for U.S. federal tax purposes, a corpora- tion or partnership created or organized in the United States or under the law of the United States or of any State, any estate that would be subject to U.S. federal in- come tax on income from sources without the United States which is not effectively connected with the conduct of a trade or business within the United States, or any trust if a court within the United States is able to exercise primary supervision over the administration of the trust and one or more United States persons have the au- thority to control all substantial decisions of the trust), that the income to which this certification relates is not effectively connected with the conduct of a trade or business in the United States, and that the undersigned has examined the informa- tion on this form and to the best of my knowledge and belief it is true, correct, and complete. Furthermore, I authorize this form to be provided to any person that has control, receipt, or custody of the pay- ment to which I am entitled or any person that can disburse or make the payments to which I am entitled.” Treasury and the IRS have also received comments questioning whether, for pur- poses of determining whether the require- ments of §1.1441–1(e)(1)(ii) are satisfied, a PSE may rely on documentary evidence that is more than three years old. Section 1.1441–1(e)(1)(ii)(A)(2) provides that, if a payment is made outside the United States to an offshore account, the withholding agent can rely on documentary evidence described in §1.1441–6(c)(3) or (4), or §1.6049–5(c)(1). Section 1.6049–5(c)(1) provides that a payor may rely on docu- mentary evidence sufficient to establish the identity of the payee and the status of that person as a foreign person (including, but not limited to, documentary evidence described in §1.1441–6(c)(3) or (4)). Sec- tion 1.6049–5(c)(1) does not require that, at the time of collection, the documentary evidence be less than three years old. Un- der §1.1441–1(e)(4)(ii)(A) (cross-refer- enced by §1.6049–5(c)(2)), documentary evidence described in §1.6049–5(c)(1) re- mains valid until the earlier of the last day of the third calendar year following the year in which the documentary evidence is provided to the withholding agent or the day that a change in circumstances occurs that makes any information on the documentary evidence incorrect. Until the amendments to the final reg- ulations described in this notice are pub- lished, PSEs may rely on the guidance pro- vided in this notice. DRAFTING INFORMATION The principal author of this notice is Danielle Nishida of theOffice of Associate September 12, 20112342011–37 I.R.B. Chief Counsel (International). For further information regarding this notice, please contact John Sweeney at (202) 622–3840 (not a toll-free call). Use this Revenue Procedure to prepare Tax Year2011and prior year information returns for submission to Internal Revenue Service (IRS) using electronic filing. Caution to filers: Please read this publication carefully. Persons or businesses required to file information returns electronically may be subject to penalties for failure to file or include correct information if the instructionsin this Revenue Procedure are not followed. IMPORTANT NOTES: The IRS internet connection for filing information returns electronically is h ttp://fire.irs.gov.The Filing Information Returns Electronically (FIRE) system will be down from 6 p.m. ET Dec. 16, 2011, through Jan. 03, 2012 for yearly updates. In addition, the FIRE system may be down everyWednesday from 2:00 a.m. to 5:00 a.m. ET for programming updates. The FIRE system will not be available for submissions during these times. The FIRE system does not provide fill-in forms for filing information returns. The Form 4419 is subject to review before the approval to transmit electronically is granted and may require additional documentation at the request of the IRS.If a determination is made concerning the validity of the documents transmitted electronically, IRS has the authority torevoketheTransmitterControlCode(TCC)andterminatethereleaseofthefiles. Rev. Proc. 2011–40 TABLE OF CONTENTS Part A. General SEC. 1. PURPOSE................................................................................................. 237 SEC. 2. NATURE OF CHANGES—CURRENT YEAR (TAX YEAR2011).................................................. 238 SEC. 3. WHERE TO FILE AND HOW TO CONTACT THE IRS, INFORMATION RETURNS BRANCH (IRB).................. 239 SEC. 4. FILING REQUIREMENTS.................................................................................. 240 SEC. 5. VENDOR LIST............................................................................................. 241 SEC. 6. FORM 4419, APPLICATION FOR FILING INFORMATION RETURNS ELECTRONICALLY (FIRE) ................................................................................................ 241 SEC. 7. RETENTION REQUIREMENTS AND DUE DATES............................................................. 242 SEC. 8. CORRECTED RETURNS.................................................................................... 243 SEC. 9. EFFECT ON PAPER RETURNS AND STATEMENTS TO RECIPIENTS........................................... 247 SEC. 10. COMBINED FEDERAL/STATE FILING PROGRAM........................................................... 247 SEC. 11. PENALTIES ASSOCIATED WITH INFORMATION RETURNS.................................................. 249 SEC. 12. STATE ABBREVIATIONS.................................................................................. 249 2011–37 I.R.B.235September 12, 2011 Part B. Electronic Filing Specifications SEC. 1. GENERAL................................................................................................. 250 SEC. 2. ELECTRONIC FILING APPROVAL PROCEDURE............................................................. 251 SEC. 3. TEST FILES............................................................................................... 251 SEC. 4. ELECTRONIC SUBMISSIONS............................................................................... 252 SEC. 5. PIN REQUIREMENTS...................................................................................... 252 SEC. 6. ELECTRONIC FILING SPECIFICATIONS.................................................................... 252 SEC. 7. CONNECTING TO THE FIRE SYSTEM....................................................................... 253 SEC. 8. COMMON PROBLEMS AND QUESTIONS.................................................................... 255 Part C. Record Format Specification and Record Layouts SEC. 1. FILE LAYOUT DIAGRAM................................................................................... 257 SEC. 2. GENERAL................................................................................................. 257 SEC. 3. TRANSMITTER “T” RECORD — GENERAL FIELD DESCRIPTIONS............................................ 257 SEC. 4. TRANSMITTER “T” RECORD — RECORD LAYOUT.......................................................... 260 SEC. 5. PAYER “A” RECORD — GENERAL FIELD DESCRIPTIONS.................................................... 261 SEC. 6. PAYER “A” RECORD — RECORD LAYOUT.................................................................. 272 SEC. 7. PAYEE “B” RECORD — GENERAL FIELD DESCRIPTIONS AND RECORD LAYOUTS............................ 272 (1)Payee“B”Record—RecordLayoutPositions544–750forForm1097-BTC...................................... 279 (2)Payee“B”Record—RecordLayoutPositions544–750forForm1098........................................... 281 (3)Payee“B”Record—RecordLayoutPositions544–750forForm1098-C......................................... 281 (4)Payee“B”Record—RecordLayoutPositions544–750forForm1098-E......................................... 282 (5)Payee“B”Record—RecordLayoutPositions544–750forForm1098-T......................................... 283 (6)Payee“B”Record—RecordLayoutPositions544–750forForm1099-A......................................... 284 (7)Payee“B”Record—RecordLayoutPositions544–750forForm1099-B......................................... 285 (8)Payee“B”Record—RecordLayoutPositions544–750forForm1099-C......................................... 286 (9)Payee“B”Record—RecordLayoutPositions544–750forForm1099-CAP...................................... 287 (10)Payee“B”Record—RecordLayoutPositions544–750forForm1099-DIV ...................................... 288 (11)Payee“B”Record—RecordLayoutPositions544–750forForm1099-G......................................... 289 (12)Payee“B”Record—RecordLayoutPositions544–750forForm1099-H......................................... 290 (13)Payee“B”Record—RecordLayoutPositions544–750forForm1099-INT....................................... 290 (14) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-K......................................... 291 (15)Payee“B”Record—RecordLayoutPositions544–750forForm1099-LTC ...................................... 292 (16)Payee“B”Record—RecordLayoutPositions544–750forForm1099-MISC..................................... 294 (17)Payee“B”Record—RecordLayoutPositions544–750forForm1099-OID ...................................... 295 (18)Payee“B”Record—RecordLayoutPositions544–750forForm1099-PATR..................................... 296 (19)Payee“B”Record—RecordLayoutPositions544–750forForm1099-Q......................................... 296 (20)Payee“B”Record—RecordLayoutPositions544–750forForm1099-R......................................... 297 (21)Payee“B”Record—RecordLayoutPositions544–750forForm1099-S......................................... 301 (22)Payee“B”Record—RecordLayoutPositions544–750forForm1099-SA........................................ 302 (23)Payee“B”Record—RecordLayoutPositions544–750forForm3921........................................... 303 (24)Payee“B”Record—RecordLayoutPositions544–750forForm3922........................................... 304 (25)Payee“B”Record—RecordLayoutPositions544–750forForm5498........................................... 304 (26)Payee“B”Record—RecordLayoutPositions544–750forForm5498-ESA...................................... 306 (27)Payee“B”Record—RecordLayoutPositions544–750forForm5498-SA........................................ 306 (28)Payee“B”Record—RecordLayoutPositions544–750forForm8935........................................... 307 (29)Payee“B”Record—RecordLayoutPositions544–750forFormW-2G.......................................... 308 September 12, 20112362011–37 I.R.B. SEC. 8. END OF PAYER “C” RECORD — GENERAL FIELD DESCRIPTIONS AND RECORD LAYOUT..................... 309 SEC. 9. STATE TOTALS “K” RECORD — GENERAL FIELD DESCRIPTIONS AND RECORD LAYOUT..................... 311 SEC. 10. END OF TRANSMISSION “F” RECORD —GENERAL FIELD DESCRIPTIONS AND RECORD LAYOUT ............................................................................................. 313 Part D. Extensions of Time and Waivers SEC. 1. GENERAL — EXTENSIONS................................................................................. 314 SEC. 2. SPECIFICATIONS FOR FILING EXTENSIONS OF TIME ELECTRONICALLY.................................... 315 SEC. 3. RECORD LAYOUT – EXTENSION OF TIME.................................................................. 315 SEC. 4. EXTENSION OF TIME FOR RECIPIENT COPIES OF INFORMATION RETURNS................................. 316 SEC. 5 FORM 8508, REQUEST FOR WAIVER FROM FILING INFORMATION RETURNS ELECTRONICALLY ................................................................................... 317 Part A. General Revenue Procedures are generally revised annually to reflect legislative and form changes. Comments concerning this Revenue Procedure, or suggestions for making it more helpful, can be addressed to: Internal Revenue Service Attn: Information Returns Branch 230 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 Sec. 1. Purpose .01The purpose of this Revenue Procedure is to provide the specifications for filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G with IRS electronically through the IRS FIRE system. This Revenue Procedure must be used for the preparation of Tax Year2011information returns and information returns for tax years prior to2011filedbeginning January 1, 2012. Specifications for filing the following forms are contained in this Revenue Procedure. (1)Form 1097-BTC, Bond Tax Credit (2)Form 1098, Mortgage Interest Statement (3)Form 1098-C, Contributions of Motor Vehicles, Boats, and Airplanes (4)Form 1098-E, Student Loan Interest Statement (5)Form 1098-T, Tuition Statement (6)Form 1099-A, Acquisition or Abandonment of Secured Property (7)Form 1099-B, Proceeds From Broker and Barter Exchange Transactions (8)Form 1099-C, Cancellation of Debt (9)Form 1099-CAP, Changes in Corporate Control and Capital Structure (10)Form 1099-DIV, Dividends and Distributions (11)Form 1099-G, Certain Government Payments (12)Form 1099-H, Health Coverage Tax Credit (HCTC) Advance Payments (13)Form 1099-INT, Interest Income (14)Form 1099-K, Merchant Card and Third Party Network Payments (15)Form 1099-LTC, Long-Term Care and Accelerated Death Benefits (16)Form 1099-MISC, Miscellaneous Income (17)Form 1099-OID, Original Issue Discount (18)Form 1099-PATR, Taxable Distributions Received From Cooperatives (19)Form 1099-Q, Payments from Qualified Education Programs (Under Sections 529 & 530) (20)Form 1099-R, Distributions from Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. (21)Form 1099-S, Proceeds From Real Estate Transactions (22)Form 1099-SA, Distributions from an HSA, Archer MSA, or Medicare Advantage MSA (23)Form 3921, Exercise of a Qualified Incentive Stock Option under Section 422(b) (24)Form 3922, Transfer of Stock Acquired Through an Employee Stock Purchase Plan under Section 423(b) (25)Form 5498, IRA Contribution Information 2011–37 I.R.B.237September 12, 2011 (26)Form 5498-ESA, Coverdell ESAContribution Information (27)Form 5498-SA, HSA, Archer MSA, or Medicare Advantage MSA Information (28)Form 8935, Airline Payments Report (29)Form W-2G, Certain Gambling Winnings .02All data received at IRS/IRB for processing will be given the same protection as individual income tax returns (Form 1040). IRS/IRB will process the data and determine if the records areformatted and coded according to this Revenue Procedure. .03Specifications for filing Forms W-2, Wageand Tax Statements, electronically areonlyavailable from the Social Security Administration (SSA). Filers can call 1–800–772–6270 to obtain thetelephone number of the SSA Employer Service Liaison Officer for their area. .04IRS/IRB doesnotprocess Forms W-2. Paperorelectronic filing of Forms W-2 must be sent to SSA. IRS/IRB does, however, process waiver requests (Form 8508) and extension of time to file requests (Form 8809) for Forms W-2 as well as requests for an extension of time to provide the employee copies of Forms W-2. .05Generally, the box numbers on the paper forms correspond with the amount codes used to file electronically; however, if discrepancies occur, the instructions in this Revenue Procedure must be followed when filing electronically. .06This Revenue Procedure also provides the requirements and specifications for electronic filing under the Combined Fed- eral/State Filing Program. .07The following Revenue Procedures and publications provide moredetailed filing procedures for certain information returns: (a)2011 General Instructions for Certain Information Returnsand the individual form instructions. (b)Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 3921, 3922, 5498, 8935, W-2G, and 1042-S. (c)Publication 1239, Specifications for Filing Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, Electronically. (d)Publication 1187, Specifications for Filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically. (e)Publication 4810, Specifications for Filing Form 8955-SSA, Annual Registration Statement of Identifying Separated Par- ticipants With Deferred Vested Benefits, Electronically. .08This Revenue Procedure supersedes Rev. Proc. 2010–26 published as Publication 1220 (Rev. 08/2010), Specifications for Filing Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, 8935 and W-2G Electronically. Sec. 2. Nature of Changes—Current Year (Tax Year 2011) .01In this publication, all pertinent changes for Tax Year2011are emphasized by the use ofitalics. Portions of text that require special attention are in boldface text. Filers are always encouraged to read the publication in its entirety. a. General (1)Penalties associated with Information Return filing have increased significantly. Please seePart A, Sec.11.02 for specific information. (2)New Form 1099-K, Merchant Card and Third Party Network Payments, has been added. b. Programming Changes (1)For all Forms, Payment Year, Field Positions 2–5, for the Transmitter “T” Record, Payer “A” Record and Payee “B” Record must be updated with the four-digit reporting year(2010 to 2011), unless reporting prior year data. (2)In the Payer “A” Record, the Amount Codes field was expanded 2 positions. The field is now sixteen positions 28–43. (3)For Form 1098-T Payee “B” Record, Half-time Student Indicator and Graduate Student Indicator are nowRequiredfields. (4)For Form 1099-B Payer “A” Record, added Amount Code A, Cost or other basis, and Amount Code B, Wash sale loss disallowed. (5)For Form 1099-B, Payee “B” Record, deleted Number of shares exchanged, positions 608–615, and Class of stock ex- changed, positions 616–625. Added Non-covered security indicator in position 545. Allowable characters are 1 for Non- covered security and blank. Added Type of gain or loss indicator in position 546. Allowable characters are 1 for Short term, 2 for Long term and blank. Added Date of Acquisition, positions 608–615. (6)New Form 1099-K, Merchant Card and Third Party Network Payments, In the Payer “A” Record added: —field positions 26–27, Type of Return, added new code MC —field positions 28–43 added Amount Codes: 1 Gross amount of merchant card/third party network payments 5 January payments September 12, 20112382011–37 I.R.B. 6 February payments 7 March payments 8 April payments 9 May payments AJunepayments B July payments C August payments D September payments E October payments F November payments G December payments In the Payee “B” Record added: Type of Filer Indicator, position 547 Payment Settlement Entity’s Name, positions 565–604 Merchant Category Code, positions 605–608 (7)Form 1097-BTC has numerous changes. In the Payer “A” Record, Amount Code 3 changed to Other Allowance Date Credit. In the Payee “B” Record, many Indicator Fields had descriptionchanges. The following fields were added: Other Allowance Identification Number, March AllowanceIdentification Number, June Allowance Identification Number, September Al- lowance Identification Number, December Allowance Identification Number. The following fields were deleted: Bond issue date, CUSIP number, Maturity Date, Bond Code, Bond Issuer’s identification number, and Bond issuer’s name. (8)For Form 1099-R, Payer “A” Record, added Amount Code B, Amount Allocable to IRR within 5 years. In the Payee “B” Record field positions 545–546, deleted distribution code D, Excess contributions plus earnings/excess deferrals taxable in 2008. Sec. 3. Where to File and How to Contact the IRS, Information Returns Branch (IRB) .01All information returns filed through the FIRE system are processed at IRS/IRB. General inquiries concerning the filing of information returns should be sent to the following address: Internal Revenue Service Information Returns Branch 230 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .02All requests for an extension of time to file information returns with IRS/IRB filed on Form 8809 or requests for an extension to provide recipient copies, and requests for undue hardship waivers filed on Form 8508 should be sent to the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .03The telephone numbers and web addresses for questionsabout specifications for electronic submissions are: Information Returns Branch 1–866–455–7438 Outside the U.S. 1–304–263–8700 1–304–579–4827 — TDD (Telecommunication Device for the Deaf) Fax Machine Within the U.S. — 1–877–477–0572 Outside the U.S. — 304–579–4105 Electronic Filing — FIRE System Production URL — http://fire.irs.gov Test URL — h ttp://fire.test.irs.gov 2011–37 I.R.B.239September 12, 2011 Information Returns Branch TO OBTAIN FORMS: By phone — 1–800–TAX-FORM (1–800–829–3676) I RS.gov— Online Ordering for Information Returns and Employer Returns http://www.irs.gov/businesses/page/0,,id=23108,00.html Note: Because paper forms are scanned during processing, filers cannot use Form 1096 and Copy A of Forms 1097, 1098, 1099, 3921, 3922, or 5498 printed from the IRS website to file with the IRS. .04The2011 General Instructions for Certain Information Returnsare included in Publication 1220 for the convenience of filers. Form 1096 is used to transmit Copy A of paper Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G to the IRS. If filing paper returns, follow the mailing instructionson Form 1096 and submit the paper returns to the appropriate IRS Service Center. .05Make requests for paper Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, and W-2G, by calling the IRS at 1–800–TAX–FORM (1–800–829–3676) or ordering online from the IRS website at I RS.gov. .06Questions pertaining to electronic filing of Forms W-2 must be directed to the Social Security Administration (SSA). Filers can call 1–800–772–6270 to obtain the telephone number of theSSA Employer Service Liaison Officer for their area. .07Payersshould notcontact IRS/IRB if they have received a penalty notice and need additional information or are requesting an abatement of the penalty. A penalty notice contains an IRS representative’s name and/or telephone number for contact purposes; or thepayermaybeinstructedtorespondinwritingtotheaddressprovided. IRS/IRB does not issue penalty notices and does not have the authority to abate penalties. For penalty information, refer to the Penalties section of the2011 General Instructions for Certain Information Returns. .08A taxpayer or authorized representative may request a copy of a taxreturn, including Form W-2 filed with a return, by submitting Form 4506, Request for Copy of Tax Return, to IRS. This form may be obtained by calling1–800–TAX–FORM (1–800–829–3676). For questions regarding this form, call 1–800–829–1040. .09Electronic Products and Services Support, Information ReturnsBranch (IRB), answers electronic, paper filing, and tax law questions from the payer community relating to the correct preparation and filing of information returns (Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, 8027, 8935 and W-2G). IRB also answers questions about the electronic filing of Forms 1042-S, 8027, and 8955-SSA. In addition, IRB answers questions about tax law and paper filing instructions for Forms W-2 and W–3. Inquiries per- taining to Notices CP2100 and 972CG, backup withholding, and reasonable cause requirements due to missing and incorrect taxpayer identification numbers (TINs) are also addressed by IRB. Assistance is available year-round to payers, transmitters, and employers nationwide, Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern Time (ET), by calling1–866–455–7438. IRB also offers an e-mail address for transmitters and electronic filers of information returns. The address ism ccirp@irs.gov. When sending e-mails concerning specific file information, include the company nameand the electronic filename or Transmitter Control Code. Pleasedo notsubmit TINs or attachments, because electronic mail is not secure and the information may be compromised. The Telecommuni- cations Device for the Deaf(TDD)toll number is1–304–579–4827. Call as soon as questions arise to avoid the busy filing seasons at the end of January, February, and March. Recipients of information returns (payees) should continue to contact 1–800–829–1040 with any questions on how to report the information returns data on their individual tax returns. .10IRB assistors cannot advise filers where to send state copies of paper forms. Filers must contact the Tax Department in the state where the recipient resides to obtain thecorrect address and filing requirements. .11Form 4419, Application for Filing Information Returns Electronically (FIRE), Form 8809, Application for Extension of Time to File Information Returns, and Form 8508, Request for Waiver From Filing Information ReturnsElectronically, may be faxed to IRS/IRB at1–877–477–0572. Sec. 4. Filing Requirements .01The regulations under section 6011(e)(2)(A) of the Internal Revenue Code provide that any person, including a corporation, partnership, individual, estate, and trust, who is required to file 250or more information returns must file such returns electronically. The 250* or more requirement applies separately for each typeof return and separately to each type of corrected return. *Even though filers may submit up to 249 information returns onpaper, IRS encourages filers to transmit those information returns electronically. .02All filing requirements that follow apply individually to each reporting entity as defined by its separate Taxpayer Identification Number (TIN). For example, if a corporation with several branches or locations uses thesameEIN,thecorporationmustaggregate the total volume of returns to be filed for that EIN and apply the filing requirements toeach type of return accordingly. .03The following requirements apply separately to both originals and corrections filed electronically: September 12, 20112402011–37 I.R.B. 1097-BTC 1098 1098-C 1098-E 1098-T 1099-A 1099-B 1099-C 1099-CAP 1099-DIV 1099-G 1099-H 1099-INT 1099-K 1099-LTC 1099-MISC 1099-OID 1099-PATR 1099-Q 1099-R 1099-S 1099-SA 3921 3922 5498 5498-ESA 5498-SA W-2G 250ormoreofanyof these forms requires electronic filing with IRS. These are stand-alone documents and are not to be aggregated for purposes of determining the 250 threshold. For example, if a payer must file 100 Forms 1099-B and 300 Forms 1099-INT, Forms 1099-B need not be filed electronically since they do not meet the threshold of 250. However, Forms 1099-INT must be filed electronically since they meet the threshold of 250. .04The above requirements do not apply if the payer establishes undue hardship (See Part D, Sec. 5). Sec. 5. Vendor List .01IRS/IRB prepares a publication of vendors who support electronic filing. Publication 1582, Information Returns Vendor List, contains the names of service bureaus that will produce or submit files for electronic filing. It also contains the names of vendors who provide software packages for payers who wish to produce electronic files on their owncomputer systems. This list is compiled as a courtesy and in no way implies IRS/IRB approval or endorsement. .02If filers engage a service bureau to prepare files on their behalf, the filers must not also report this data, as it will create a duplicate filing situation which may cause penalty notices to be generated. .03The Vendor List, Publication 1582, is updated periodically. The most recent revision is available on the IRS website atI RS.gov. For an additional list of software providers, log on toI RS.govandgototheBusiness e-file Providerslink. .04A vendor, who offers a software package, or has the capability to electronically file information returns for customers, and who would like to be included in Publication 1582 must submit a letter or e-mail to IRS/IRB. The request should include: (a)Company name (b)Address (include city, state, and ZIP code) (c)Telephone and FAX number (include area code) (d)E-mail address (e)Contact person (f)Website (g)Type(s) of service provided (e.g., service bureau and/or software) (h)Method of filing (only electronic filing is acceptable) (i)Type(s) of return(s) Sec. 6. Form 4419, Application for Filing Information Returns Electronically (FIRE) .01Transmitters are required to submit Form 4419, Application forFiling Information Returns Electronically (FIRE), to request authorization to file information returns with IRS/IRB. A single Form 4419 should be filed no matter how many types of returns the transmitter will be submitting electronically. For example, ifa transmitter plans to file Forms 1099-INT, one Form 4419 should be submitted. If, at a later date, another type of form (Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935 and W-2G) will be filed, the transmitter should not submit a new Form 4419. Form 4419 is subject to review before approval to transmit electronically is 2011–37 I.R.B.241September 12, 2011 granted. IRS may require additional documentation. If a determination is made concerning the validity of the documents transmitted electronically, IRS has the authority to revoke the Transmitter Control Code (TCC) and terminate the release of the files. Note: An additional Form 4419 is required for filing each of thefollowing types of returns: Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, and Form 8955-SSA, Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits. See the back of Form 4419 for detailed instructions. .02Electronically filed returns may not be submitted to IRS/IRB until the application has been approved. Please read the instruc- tions on the back of Form 4419 carefully. Form 4419 is included in Publication 1220 for the filer’s use. This form may be photocopied. Additional forms may be obtained by calling1–800–TAX–FORM (1–800–829–3676). The form is also available on the IRS website atI RS.gov. .03Upon approval, a five-character alpha/numeric Transmitter Control Code (TCC) will be assigned and included in an approval letter. The TCCmustbe coded in the Transmitter “T” Record. IRS/IRB uses the TCC to identify payers/transmitters and to track files through the processing system. .04IRS/IRB encourages transmitters who file for multiple payers to submit one application and to use the assigned TCC for all payers. While not encouraged, multiple TCCs can be issued to payers with multiple TINs. Transmitters cannot use more than one TCC in a file. Each TCC must be reported in separate transmissions. .05If a payer’s files are prepared by a service bureau, the payer may not need to submit an application to obtain a TCC. Some service bureaus will produce files, code their own TCC in the file, and send it to IRS/IRB for the payer. Other service bureaus will prepare the file and return the file to the payer for submission toIRS/IRB. These service bureaus may require the payer to obtain a TCC, which is coded in the Transmitter “T” Record. Payers should contact their service bureau for further information. .06Form 4419 may be submitted anytime during the year; however, it must be submitted to IRS/IRB at least 30 days before the due date of the return(s) for current year processing. This allows IRS/IRB the time necessary to process and respond to applications. Form4419maybefaxedtoIRS/IRBat877–477–0572. In the event that computer equipment or software is not compatible with IRS/IRB, a waiver may be requested to file returns on paper documents (See Part D, Sec. 5). .07Once a transmitter is approved to file electronically, it is not necessary to reapplyunless: (a)The payer has discontinued filing electronically for two consecutive years. The payer’s TCC may have been reassigned by IRS/IRB. Payers who know that the assigned TCC will no longer be used are requested to notify IRS/IRB so these numbers may be reassigned. (b)The payer’s files were transmitted in the past by a service bureau using the service bureau’s TCC, but now the payer has computer equipment compatible with that of IRS/IRB and wishes to prepare the files. The payer must request a TCC by filing Form 4419. .08In accordance with Regulations section 1.6041–7(b), payments by separate departments of a health carecarrier to providers of medical and health care services may be reported on separate returns filed electronically. In this case, the headquarters will be considered the transmitter, and the individual departments of thecompany filing reports will be considered payers. A single Form 4419 covering all departments filing electronically should be submitted. One TCC should be used for all departments. .09Copies of Publication 1220 can be obtained by downloading from the IRS website atI RS.gov. .10Ifanyof the information (name, EIN, or address) on Form 4419 changes, notify IRS/IRB in writing by fax or mail to update the IRS/IRB database. Include the TCC in all correspondence. .11Approval to file does not imply endorsement by IRS/IRB of any computer software or of the quality of tax preparation services provided by a service bureau or software vendor. Sec. 7. Retention Requirements and Due Dates .01 Payers should retain a copy of the information returns filed with IRS or have the ability to reconstruct the data for at least 3 years from the reporting due date, except: (a)Retain for four years all information returns when backup withholding is imposed. (b)Retain a copy of Form 1099-C, Cancellation of Debt, or have the ability to reconstruct the data required to be included on the return, for at least 4 years from the date such return is required to be filed. .02Filing of information returns is on a calendar year basis, except for Forms 5498 and 5498-ESA, which are used to report amounts contributed during or after the calendar year (but no later than April 15). The following due dates apply: September 12, 20112422011–37 I.R.B. Due Dates Forms 1097-BTC, 1098, 1099, 3921, 3922, and W-2GRecipient Copy — January 31 (*see exceptions below) IRS Paper Filing — February 28 IRS Electronic Filing — March 31 *February 15, for Forms 1099-B and 1099-S *February 15, for Forms 1099-MISC if substitute payments are reported in box 8 or gross proceeds paid to an attorney are reported in box 14. If no such payments are reported, January 31, remains the due date for furnishing Copy B to recipients. Forms 5498*, 5498-SA and 5498-ESA Forms 5498 and 5498-SA Form 5498-ESA ParticipantCopy—May31* IRSCopy—May31 Participant Copy — April 30 *Participant copy of Form 5498 to furnish FMV/RMD information — January 31 Form 8935 IRS Copy — Due 90 days from date of payment Note: If any due date falls on a Saturday, Sunday, or legal holiday, the return or statement is considered timely if filed or furnished on the next day that is not a Saturday, Sunday, or legal holiday. Sec. 8. Corrected Returns •Acorrectionis an information return submitted by the transmitter to correct an information return that was previously submit- ted to and successfully processed by IRS/IRB, but contained erroneous information. •While IRS/IRB encourages electronic filingof corrections, filers may file up to 249 paper corrections even though the originals were filed electronically. •DO NOT SEND THE ENTIRE ORIGINAL FILE AGAIN.Only correct the information returns that were erroneous. •Be sure to use the same payee account number that was used onthe original submission. The account number is used to match a correction record to the original information return. •Before creating a correction file, review the correction guidelines chart carefully. •Information returns omitted from the original filemust notbe coded as corrections. Submit these returns under a separate Payer “A” Record asoriginal returns. .01The electronic filing requirement of information returns of 250 or more applies separately to both original and corrected returns. E X A M P L E If a payer has 100 Forms 1099-A to be corrected, they can be filed on paper because they fall under the 250 threshold. However, if the payer has 300 Forms 1099-B to be corrected, they must be filed electronically because they meet the 250 threshold. If for some reasona payer cannot file the 300 corrections electronically, to avoid penalties, a request for a waiver must be submitted before filing on paper. If a waiver is approved for original documents, any corrections for the same type of return will be covered under that waiver. 2011–37 I.R.B.243September 12, 2011 .02Corrections should be filed as soon as possible. Corrections filed after August 1 may be subject to the maximum penalty of $100 per return. Corrections filed by August 1 may be subject to a lesser penalty. (For information on penalties, refer to the Penalties section of the2011 General Instructions for Certain Information Returns. However, if payers discover errors after August 1, they should file corrections, as a prompt correction is a factor considered in determining whetherthe intentional disregard penalty should be assessed or whether a waiver of the penalty for reasonable cause may be granted. All fields must be completed with the correct information, not just the data fields needing correction. Submit corrections only for the returns filed in error, not the entire file. Furnish corrected statements to recipients as soon as possible. Note: Do NOT resubmit the entire original file as corrections. This will result in duplicatefiling and erroneous notices may be sent to payees. Submit only those returns which require correction. .03There are numerous types of errors, and in some cases, more than one transaction may be required to correct the initial error. If the original return was filed as an aggregate, thefiler must consider this infiling corrected returns. .04The payee’s account number should be included on all correction records. This is especially important when more than one information return of the same type is reported for a payee. The account number is used by IRS to determine which information return is being corrected. It is vital that each information return reported for a payee have a unique account number. See Part C, Sec. 6, Payer’s Account Number For Payee. .05Corrected returns may be included on the sametransmission as original returns; however, separate “A” Records are required. If filers discover that certain information returns were omitted on the original file, they must not code these documents as corrections. The file must be coded and submitted as original. .06If a payer realizes duplicate reportinghas occurred, IRS/IRB should be contactedimmediatelyfor instructions on how to avoid notices. The standard correction process will not resolve duplicate reporting. .07If a payer discovers errors that affect a large number of payees, in addition to sending IRS the corrected returns and notifying the payees, the IRS/IRB underreporter section should becontacted at 1–866–455–7438 for additional requirements. .08Prior year data, original and corrected, must be filed according to the requirements of this Revenue Procedure. When submit- ting prior year data, use the record format for the current year. Eachtax year must be electronically filed in separate transmissions. However, use the actual year designation of the data in field positions 2–5 of the “T”, “A”, and “B” Records. Field position 6, Prior Year Data Indicator, in the Transmitter “T” Record must contain a “P.” A separate transmission must be made for each tax year. .09In general, filers should submit corrections for returns filed within the last three calendar years (four years if backup withholding under section 3406 of the Code was imposed andalso for Form 1099-C, Cancellation of Debt). .10All paper returns, whether original or corrected, must be filed with the appropriate service center.IRS/IRB does not process paper returns. .11If a payer discovers an error(s) in reporting thepayer (not recipient)name and/or TIN, write a letter to IRS/IRB (See Part A, Sec. 3) containing the following information: (a)Name and address of payer (b)Type of error (please include the incorrect payer name/TIN that was reported) (c)Tax year (d)Payer TIN (e)TCC (f)Type of return (g)Number of payees (h)Filing method, paper or electronic (i)Was Federal income tax withheld? .12The “B” Record provides a 20-position field for a unique Payer’s Account Number for payees. The account number is required if there are multiple accounts for a recipient for whom more than one information return of the same type is being filed. This number will identify the appropriate incorrect return ifmore than one return is filed for a particular payee.Do not enter a TIN in this field. A payer’s account number for the payee may be a checking account number, savings account number, serial number, or any other number assigned to the payee by the payer that will distinguish the specific account. This number must appear on the initial return and on the corrected return for IRS to identify and process the correction properly. .13The record sequence for filing correctionsisthesameasfororiginalreturns. .14Review the chart that follows. Errors normally fall under oneof the two categories listed. Next to each type of error is a list of instructions on how to file the corrected return. September 12, 20112442011–37 I.R.B. Guidelines for Filing Corrected Returns Electronically One transaction is required to make the following corrections properly. (See Note 4.) Error Made on the Original ReturnHow To File the Corrected Return ERRORTYPE1CORRECTION 1. Original return was filed with one or more of the following errors: A. Prepare a new file. The first record on the file will be the Transmitter “T” Record. B.Make a separate “A” Record for each type of return and each payer being reported. Payer information in the “A” Record must be the same as it was in the original submission. C. The Payee “B” Records must show the correct record information as well as a Corrected Return Indicator Code of “G” in field position 6. D.Corrected returns using“G” coded “B” Records may be on the same file as those returns submitted without the “G” coded “B” Records; however,separate “A” Records are required. E.Prepare a separate “C” Record for each type of return and each payer being reported. (a)Incorrect payment amount codes in the Payer “A” Record (b)Incorrect payment amounts in the Payee “B” Record (c)Incorrect code in the distribution code field in the Payee “B” Record (d)Incorrect payee indicator(See Note 1.) (e)Return should not have been filed Note 1: Payee indicators are non-money amount indicator fields located in the specific form record layouts of the Payee “B” Record between field positions 544–748. Note 2: To correct a TIN, and/or payee name follow the instructions under Error Type 2. F.ThelastrecordonthefilemustbetheEndof Transmission “F” Record. File layoutonestep corrections Transmitter “T” Record Payer “A” Record “G” coded Payee “B” Record “G” coded Payee “B” Record End of Payer “C” Record End of Transmission “F” Record 2011–37 I.R.B.245September 12, 2011 Guidelines for Filing Corrected Returns Electronically (Continued) Two (2) separate transactions are required to make the following corrections properly. Follow the directions for both Transactions 1 and 2. (See Note 4.) DO NOT use the two step correction process to correct money amounts. Error Made on the Original ReturnHow To File the Corrected Return ERRORTYPE2CORRECTION 1. Original return was filed with one or more of the following errors: Transaction 1:Identify incorrect returns. A. Prepare a new file. The first record on the file will be the Transmitter “T” Record. B.Make a separate “A” Record for each type of return and each payer being reported. The information in the “A” Record will beexactlythe same as it was in the original submission.(See Note 3.) (a)No payee TIN (SSN, EIN, ITIN, QI-EIN) (b)Incorrect payee TIN (c)Incorrect payee name (d)Wrong type of return indicator Note 3: The Record Sequence Number will be different since this is a counter number and is unique to each file. For Form 1099-R corrections, if the corrected amounts are zeros, certain indicators will not be used. C. The Payee “B” Records must containexactly the sameinformation as submitted previously,except, insert a Corrected Return Indicator Code of “G” in field position 6 of the “B” Records, and enter “0” (zeros) in all payment amounts.(See Note 3.) D.Corrected returns using“G” coded “B” Records may be on the same file as those returns submitted with a“C”code;however, separate “A” Records are required. E.Prepare a separate “C” Record for each type of return and each payer being reported. F.Continue with Transaction 2 to complete the correction. Transaction 2:Report the correct information. A. Make a separate “A” Record for each type of return and each payer being reported. B.The Payee “B” Records must show the correct information as well as a Corrected Return Indicator Code of “C” in field position 6. Corrected returns submitted to IRS/IRB using “C” coded “B” Records may be on the same file as those returns submitted with “G” codes;however, separate “A” Records are required. C. Prepare a separate “C” Record for each type of return and each payer being reported. D.ThelastrecordonthefilemustbetheEndof Transmission “F” Record. Note 4: See the2011 General Instructions for Certain Information Returnsfor additional information on regulations affecting corrections and related penalties. September 12, 20112462011–37 I.R.B. File layouttwostep corrections Transmitter “T” Record Payer “A” Record “G” coded Payee “B” Record “G” coded Payee “B” Record End of Payer “C” Record Payer “A” Record “C” coded Payee “B” Record “C” coded Payee “B” Record End of Payer “C” Record End of Transmission “F” Record Note 5: If a filer is reporting “G” coded, “C” coded, and/or “Non-coded” (original) returns on the same file, each category must be re ported under separate “A” Records. Sec. 9. Effect on Paper Returns and Statements to Recipients .01Electronic reporting of information returns eliminates the need to submit paper documents to the IRS.CAUTION: Do not send Copy A of the paper forms to IRS/IRB for any forms filed electronically.This may result in duplicate filing and erroneous notices could be generated. .02Payers are responsible for providing statements to the payees as outlined in the2011 General Instructions for Certain Informa- tion Returns. Refer to those instructions for filing information returns on paper with the IRS and furnishing statements to recipients. .03Statements to recipients should be clear and legible. If the official IRS form is not used, the filer must adhere to the specifications and guidelines in Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, 8935, W-2G and 1042-S. Sec. 10. Combined Federal/State Filing Program •Through the Combined Federal/State Filing (CF/SF) Program, IRS/IRB will forward original andcorrected information returns filed electronically to participating states for approved filers. •For approval, the filer must submit a test file coded for this program. See Part B, Sec. 3, Test Files. .01The Combined Federal/State Filing(CF/SF)Programwasestablishedtosimplifyinformation returns filing for payers. IRS/IRB will forward this information to participating states free of charge for approved filers. Separate reporting to those states is not required. The following information returns may be filed under the Combined Federal/State Filing Program: Form 1099-DIVDividends and Distributions Form 1099-GCertain Government Payments Form 1099-INTInterest Income Form 1099-MISCMiscellaneous Income Form 1099-OIDOriginal Issue Discount Form 1099-PATRTaxable Distributions Received From Cooperatives Form 1099-RDistributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Form 5498 IRA Contribution Information .02To request approval to participate, an electronic test file coded for this programmustbe submitted to IRS/IRB between Novem- ber 1, 2011, andFebruary 15, 2012. .03If the test file is coded for the Combined Federal/State Filing Program and is acceptable, anapproval letter will be sent. .04A test file is only required for the first year a filer applies to participate in the program. However, it is highly recommended that a test file be submitted every year. Each record, both in the test and the actual data file, must conform to the current Revenue Procedure. 2011–37 I.R.B.247September 12, 2011 .05Within two days after a file has been submitted, a filer will be notified via e-mail as to the acceptability of the file if a valid e-mail address was provided on the “Verify Your Filing Information” screen. If using e-mail filtering software, configure software to accept e-mail fromf ire@irs.govandirs.e-helpmail@irs.gov. If the file is bad, the filer must return tohttp://fire.test.irs.govto determine what errors are in the file by clicking on CHECK FILE STATUS. If the test file was unacceptable a new test file can be transmitted no later than February 15, 2012. .06Only code the records for participating states. .07If a payee has a reporting requirement for more than one state,separate “B” Records must be created for each state. Payers must prorate the amounts to determine what should be reported to each state. Donotreport the total amount to each state. This is duplicate reporting. .08Some participating states require separate notification that thepayer is filing in this manner. IRS/IRB acts as a forwarding agent only. It is the payer’s responsibility to contact the appropriate states for further information. .09All corrections properly coded for the Combined Federal/State Filing Program will be forwarded to the participating states. Only send corrections which affect the federal reporting or affect federal and state reporting. Errors which apply only to a state filing requirement should be sent directly to the state. .10 Participating states and corresponding valid state codes are listed in Table1 of this section. The appropriate state code must be entered for those documents that meet the state filing requirements, do not use state abbreviations. .11Each state’s filing requirements are subject to change by the state. It is the payer’s responsibility to contact the participating states to verify their criteria. .12Upon submission of the actual files, the transmitter must be sure of the following: (a)All records are coded exactly as required by this Revenue Procedure. (b)A State Total “K” Record(s) for each state(s)being reported follows the “C” Record. (c)Payment amount totals and the valid participating statecode are included in the State Totals “K” Record(s). (d)The last “K” Record is followed by an “A” Record or an End of Transmission “F” Record (if this is the last record of the entire file). Table 1. Participating States and Their Codes * StateCodeStateCodeStateCode Alabama01Indiana18Nebraska31 Arizona04Iowa19NewJersey34 Arkansas 05 Kansas20New Mexico 35 California06Louisiana22North Carolina37 Colorado07Maine23North Dakota38 Connecticut08Maryland24Ohio39 Delaware10Massachusetts 25 South Carolina 45 District of Columbia11Minnesota27Utah49 Georgia13Mississippi28Virginia 51 Hawaii 15 Missouri29Wisconsin 55 Idaho16Montana30 * The codes listed above are correct for the IRS Combined Federal/State Filing Program and may not correspond to the state codes of other agencies or programs. Sample File Layout for Combined Federal/State Filer Transmitter “T” Record Payer “A” Record coded with 1 in position 26 Payee “B” Record with statecode24 in positions 747–748 Payee “B” Record with statecode06 in positions 747–748 Payee “B” Record, no state code End of Payer “C” Record September 12, 20112482011–37 I.R.B. State Total “K” Record for “B” records coded 24. “K” record coded 15 in positions 747–748. State Total “K” Record for “B” records coded 06. “K” record coded 06 in positions 747–748. End of Transmission “F” Record Sec. 11. Penalties Associated With Information Returns .01The following penalties generally apply to the person requiredto file information returns. The penalties apply to electronic filers as well as to paper filers. .02 Failure to File Correct Information Returns by the Due Date (Section 6721).If you fail to file a correct information return by the due date and you cannot show reasonable cause, you may be subject to a penalty. The penalty applies if you fail to file timely, you fail to include all information required to be shown on a return, or you include incorrect information on a return. The penalty also applies if you file on paper when you were required to file electronically, you report an incorrect TIN or fail to report a TIN, or you fail to file paper forms that are machine readable. The amount of the penalty is based on when you file the correct information return. The penalty is: •$30per information return if you correctly file within 30 days of the due date of the return (See Part A, Sec. 7 .02); maximum penalty $250,000 per year ($75,000 for small businesses). •$60per information return if you correctly file more than 30 days after the due date but by August 1; maximum penalty $500,000 per year ($200,000 for small businesses). •$100per information return if you file after August 1 or you do not file required information returns; maximum penalty $1.5 million per year ($500,000 for small businesses). .03A late filing penalty may be assessed for areplacement file which is not transmitted by the required date. See Part B, Sec. 4.06, for more information on replacement files. .04 Intentional disregard of filing requirements.If failure to file a correct information return is due to intentional disregard of the filing or correct information requirements, the penalty isat least $250 per information return with no maximum penalty. .05 Failure to Furnish Correct Payee Statements (Section 6722).For information regarding penalties which may apply to failure to furnish correct payee statements, see the2011 General Instructions for Certain Information Returns. Sec. 12. State Abbreviations .01The following state and U.S. territory abbreviations are to be used when developing the state code portion of address fields. This table provides state and territory abbreviations only, and does not represent those states participating in the Combined Federal/State Filing Program. 2011–37 I.R.B.249September 12, 2011 StateCodeStateCodeStateCode AlabamaALKentuckyKYNo. Mariana IslandsMP AlaskaAKLouisianaLAOhioOH American SamoaASMaineMEOklahomaOK ArizonaAZMarshall IslandsMHOregonOR ArkansasARMarylandMDPennsylvaniaPA CaliforniaCAMassachusettsMAPuerto RicoPR ColoradoCOMichiganMIRhode IslandRI ConnecticutCTMinnesotaMNSouth Caroli na SC DelawareDEMississippiMSSouth DakotaSD District of ColumbiaDCMissouriMOTennesseeTN Federated States of Micronesia FMMontanaMTTexasTX FloridaFLNebraskaNEUtahUT GeorgiaGANevadaNVVermontVT GuamGUNew Hampsh ire NHVirginiaVA HawaiiHINew JerseyNJ(U.S.) Virgin IslandsVI IdahoIDNew MexicoNMWashingtonWA IllinoisILNew YorkNYWest VirginiaWV IndianaINNorth CarolinaNCWisconsinWI IowaIANorth DakotaNDWyomingWY KansasKS .02Filers must adhere to the city, state, and ZIP Code format for U.S. addresses in the “B” Record. This also includes American Samoa, Federated States of Micronesia, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and the U. S. Virgin Islands. .03For foreign country addresses, filers may use a 51 position free format which should include city, province or state, postal code, and name of country in this order. This is allowable only if a “1” (one) appears in the Foreign Country Indicator, Field Position 247, of the “B” Record. .04When reporting APO/FPO addresses, use the following format: EXAMPLE: Payee NamePVT Willard J. Doe Mailing AddressCompany F, PSC Box 100 167 Infantry REGT Payee CityAPO (or FPO) Payee StateAE, AA, or AP* Payee ZIP Code098010100 *AE is the designation for ZIP Codes beginning with 090–098, AA for ZIP 340, and AP for ZIP Codes 962–966. Part B. Electronic Filing Specifications Note 1: The FIRE system DOES NOT provide fill-in forms, except for Form 8809, Application for Extension of Time to File Information Returns. Filers must program files according to theRecord Layout Specifications contained in this publication. For a list of software providers, log on to I RS.govandgototheApprovedIRSe-fileforBusinessProviderslink. Also, see Part A, Sec. 5.03. Note 2: The FIRE system may be down every Wednesday from2:00 a.m. to 5:00 a.m.ET for programming updates and for two weeks at the end of the year for yearly updates. The FIRE system will not be available for submissions during these times. Sec. 1. General .01Electronic filing of Forms 1097, 1098, 1099, 3921, 3922, 5498, andW-2G information returns, originals, corrections, and replacements is the method of filingfor payers who meet the 250 returns filing requirement. Payers who are under the filing threshold September 12, 20112502011–37 I.R.B. requirement are encouraged to file electronically. Form 8935, Airline Payments Report, originals, corrections, and replacements may also be filed electronically. .02All electronic filing of information returns are received at IRS/IRB via the FIRE (Filing Information Returns Electronically) system. To connect to the FIRE system, point the browser tohttp://fire.irs.gov. The system is designed to support the electronic filing of information returns only. .03The electronic filing of information returns is not affiliated with any other IRS electronic filing programs. Filers must obtain separate approval to participate in each program. Only inquiries concerning electronic filing of information returns should be directed to IRS/IRB. .04Files submitted to IRS/IRB electronicallymust be in standard ASCII code. Do not send paper forms with the same information as electronically submitted files.This creates duplicate reportingresulting in penalty notices. .05See Part C, Record Format Specifications and Record Layouts, for the proper record format. .06Form 8809, Application for Extension of Time to File Information Returns, is available as a fill-in form via the FIRE system. Filers that do not already have a User ID and password should refer to Section 7. At the Main Menu, click “Extension of Time Request” and then click “Fill-in Extension Form”. This optionis only used to request an automatic 30-day extension and must be completed by the due date of the return for each payer requesting an extension. Filersshould print the approval page for their records. Refer to Part D for additional details. Sec. 2. Electronic Filing Approval Procedure .01Filers must obtain a Transmitter Control Code (TCC) prior to submitting files electronically. Refer to Part A, Sec. 6, for information on how to obtain a TCC. .02Once a TCC is obtained, electronic filers must create their own User ID, password and PIN (Personal Identification Number). See Part B, Sec. 5, for more information about PIN requirements. .03If a filer is submitting files for more than one TCC, it is notnecessary to create a separate User ID and password for each TCC. .04For all passwords, it is the user’s responsibility to rememberthe password and not allow the password to be compromised. Passwords are user created at first logon and must be eight alpha/numeric characters containing at least one uppercase, one lowercase, and one numeric. Filers who forget their password or PIN, can call1–866–455–7438for assistance.The FIRE system requires users to change passwords every 90 days or at the first logon attempt after that time period.Users can change passwords at any time from the Main Menu.The previous 24 passwords cannot be used. Sec. 3. Test Files .01Filers are not required to submit a test file; however, the submission of a test file is encouraged for all new electronic filers to test hardware and software. If filers wish to submit an electronic test file for Tax Year2011(returns to be filed in2012), it must be submitted to IRS/IRB no earlier thanNovember 1,2011, and no later thanFebruary 15,2012.To connect to theFIRE Test System, point the browser to h ttp://fire.test.irs.gov. .02IRS/IRB encourages first time electronic filers to submit a test. Test files are required for filers wishing to participate in the Combined Federal/State Filing Program. See Part A, Sec. 10, for further information about the Combined Federal/State Filing Pro- gram. .03The test filemustconsist of a sample of each type of record: (a)Transmitter “T” Record (all fields marked required must include transmitter information) (b)Payer “A” Record (c)Multiple Payee “B” Records(at least eleven “B” Records per each “A” Record) (d)End of Payer “C” Record (e)State Totals “K” Record, if participating in the Combined Federal/State Filing Program (f)End of Transmission “F” Record (See Part C for record formats.) .04Use the Test Indicator “T” in Field Position 28 of the “T” Record to show this is a test file. .05IRS/IRB will check the file to ensure it meets the specifications ofthis Revenue Procedure. For current filers, sending a test file will provide the opportunity to ensure software reflects any programming changes. .06Filers who encounter problems while transmitting the electronic test file can contact IRS/IRBat 866–455–7438for assistance. .07Within two days after a file has been submitted, filers will be notified via e-mail as to the acceptability of the file, if a valid e-mail address was provided on the “Verify Your Filing Information” screen. If using e-mail filtering software, configure software to accept e-mail fromf ire@irs.govandirs.e-helpmail@irs.gov.If the file is bad, the filer must return to http://fire.test.irs.govto determine what errors are in the file by clicking on CHECK FILE STATUS.If the results indicate: (a) “Good, Federal Reporting”– The test file is good for federal reporting only. (b) “Good, Federal/State Reporting”– The file is good for the Combined Federal and State Filing Program (see Part A, Section 10, for further details). (c) “Bad”– The test file contains errors. Click on the filename for a list of the errors. 2011–37 I.R.B.251September 12, 2011 (d) “Not Yet Processed”— The file has been received, but results are not available. Please check back in a few days. Sec. 4. Electronic Submissions .01Electronically filed information may be submitted to IRS/IRB 24 hours a day, seven days a week. Technical assistance is available Monday through Friday between 8:30 a.m. and 4:30 p.m. ET by calling1–866–455–7438. .02TheFIRE system will be down from 6 p.m. ET December 16, 2011, through January 3, 2012. ThisallowsIRS/IRBto make yearly updates to reflect current yearchanges. In addition, the FIRE system may be down every Wednesday from 2:00 a.m. to 5:00 a.m. ET for programming updates. .03A file may not exceed 2.5 million records. When sending files larger than 10,000 records electronically, data compression is encouraged. WinZip and PKZIP are the only acceptable compression packages. IRS/IRB cannot accept self-extracting zip files or compressed files containing multiple files. The time required to transmit information returns electronically will vary depending upon the type of connection to the internet and if data compression is used.The time required to transmit a file can be reduced up to 95 percent by using compression.If you are having trouble transmitting files with a scripting process, please contact IRS/IRB at 1–866–455–7438for assistance. .04The FIRE system can accept multiple files for the same type of returnproviding duplicate data is nottransmitted. For example, if a company has several branches issuing Forms 1099-INT, it is not necessary to consolidate all the forms into one transmission. Each file may be sent separately,providing duplicate data is not transmitted. .05Transmitters may create files using self assigned filename(s). Files submitted electronicallywill be assigned a new unique filename by the FIRE system. The filename assigned by the FIRE system will consist of the submission type, the filer’s TCC and a four-digit sequence number. The sequence number will be incremental for every file sent. For example, if this is the first original file for the calendar year and the TCC is 44444, the IRS assigned filename would be ORIG.44444.0001.Record the filename.This information will be needed by IRS/IRB to identify the file, if assistance is required. .06If a file submitted timely is bad, the filer will have up to 60 days from the day the file was transmitted to submit an acceptable replacementfile. If an acceptable replacement file isnot received within 60 days, the payer could be subject to late filing penalties. This only applies to files originally submitted electronically. .07The following definitions have been provided to help distinguish between a correction and a replacement: •Acorrectionis an information return submitted by the transmitter to correct an information return that was previously submit- ted to and processed by IRS/IRB, but contained erroneous information.(See Note.) Note:Corrections should only be made torecords that have been submitted incorrectly, not the entire file.. •Areplacementis an information return file sent by the filer because the CHECK FILE STATUS option on the FIRE system indicated the original/correction file wasbad. After the necessary changes have been made, the file must be transmitted through the FIRE system.(See Note.) Note: Filers should never transmit anything to IRS/IRB as a “Replacement” file unless the CHECK FILE STATUS option on the FIRE system indicates a previous file is bad. Sec. 5. PIN Requirements .01The user will be prompted to create a PIN consisting of ten (10) numeric characterswhenestablishinganinitialUserIDname and password. .02The PIN is required each time an ORI GINAL, CORRECTION, or REPLACEMENT file is sent electronically and is permission to release the file. It is not needed fo r a TEST file. Authorized agents may enter their PIN; however, the payer is responsible for the accuracy of the returns. The payer wil l be liable for penalties for failure to comply with filing requirements. If there is a problem with a PIN, filers should call1–866–455– 7438for assistance. .03If the file is good, it is released for mainline processing after ten (10) calendar days from receipt. Contact IRB at 1–866–455–7438within this ten (10) day period if there is a reason the file should not be released for further processing. If the file is bad, follow normal replacement proc edures. Sec. 6. Electronic Filing Specifications .01The FIRE system is designed exclusively for the filing of Forms 1042-S, 1097, 1098, 1099, 3921, 3922, 5498, 8027, 8935, 8955-SSA and W-2G. .02A transmitter must have a TCC (see Part A,Sec. 6) before a file can be transmitted. .03Within two days of file submission, a filer will be notified via e-mail asto the acceptability of the file, if a valid e-mail address was provided on the “Verify Your Filing Information” screen. If using e-mail filtering software, configure software to accept e-mail September 12, 20112522011–37 I.R.B. fromfire@irs.govandirs.e-helpmail@irs.gov.Ifthefileisbad,thefilermustreturntohttp://fire.irs.gov(or http://fire.test.irs.govif a test file) to determine what errors are in the file by clicking on CHECK FILE STATUS. Sec. 7. Connecting to the FIRE system .01Have the TCC and TIN available before connecting. .02Turn off pop-up blocking software before transmitting files. .03Make sure the browser supports the security standards listed below. .04Set the browser to receive “cookies.” Cookies are used to preserve the User ID status. .05Point the browser toh ttp://fire.irs.govto connect to the FIRE systemor http://fire.test.irs.govto connect to the FIRE test system (Nov 1 through Feb. 15). .06FIRE Internet Security Technical Standards are: HTTP 1.1 Specification(h ttp://www.w3.org/Protocols/rfc2616/rfc2616.txt) SSL 3.0 or TLS 1.0. SSL and TLS are implemented using SHA and RSA 1024 bits during the asymmetric handshake. SSL 3.0 Specifications TLS 1.0 Specifications The filer can use one of the following encryption algorithms, listed in order of priority, using SSL or TLS: AES 256-bit (FIPS–197) AES 128-bit (FIPS–197) TDES 168-bit (FIPS–46–3) F irsttimeconnectiontotheFIREsystem(If there has been a previous logon, skip to “Subsequent Connections to the FIRE system.”) —Click“Create New Account” —Fill out the registration form and click“Submit” —CreateUser ID —Create and verifypassword(The password is user created and must be eight alpha/numeric characters, containing at least one uppercase, one lowercase, one numeric and cannot contain the User ID.The FIRE system requires passwords to be changed every 90 days or at the first logon attempt after 90 days. The previous 24 passwords cannot be used.) —Click“Create” —If the message“Account Created” is received,click“OK” —Create and verify the 10-digit self-assigned PIN (Personal Identification Number). —Click“Submit” —If the message“Your PIN has been successfully created!” is received,click“OK” —Read the bulletin(s) and/or“Click here to continue” S ubsequentconnectionstotheFIRESystem —Click“Log On” —Enter theUser ID —Enter thePassword(the password is case sensitive). —Read the bulletin(s) and/or“Click here to continue”. U ploadingafiletotheFIRESystem At the Menu Options: —Click“Se nd Information Returns” —Enter theTCC —Enter th eTIN —Click“Submit” 2011–37 I.R.B.253September 12, 2011 Uploadingafile totheFIRESystem The system will d isplay the company name, address, city, state, ZIP code, telephone number, contact and e-ma il address. This information will be used to e-mail the transmitter regarding the transmission. U pdate as appropriate and/or click“Accept”. Note: Please provide an accurate e-mail address for the correct person to receive the e-mail and to avoid having the e-mail returned to IRS/IRB as undeliverable. If SPAM filtering software is being used, configure it to allow an e-mail fromf ire@irs.govand i rs.e-helpmail@irs.gov. —Click one of the following: Original File Replacement File Correction F ile Test File(This option will only be available from November 1 through February 15 at h ttp://fire.test.irs.gov.) —Enter the ten-digit PIN (If sending a test file, there is no prompt for this.) —Click“Submit” —Click“Browse”to locate the file and open it —Click“U pload” When the upload is complete, the screen will display the total bytes received and the IRS assigned filename for the file.IF THIS INFORMATION IS NOT DISPLAYED ON THE SCREEN, IRS/IRB MAY NOT HAVE RECEIVED THE FILE.To verify, go to the “CHECK FILE STATUS” option on the Main Menu.Ifthe filename is displayed, the count is equal to “0,” and the results indicate “not yet processed,” IRB received the file. If the filename is not displayed, send the file again. If there are more files to upload for that TCC: —Click“File Another?”otherwise, —Click“Main Menu” It is th e filer’s responsibility to check the acceptability of submitted files. If an e-mail is not received within two business days o r an e-mail is received and it indicates the file is bad,log back into the FIRE system and click on “CHECK FILE STATU S” to view the results of the file(s). CheckingtheFILESTATUS If the correct e-mail address was provided on the “Verify Your Filing Information” screen when the file was sent, an e-mail will be sent regarding the FILE STATUS. If the results in the e-mail indicate “Good, not Released” and the “Count of Payees” is correct, the filer is finished with this file. If the e-mail indicates any other results, follow the instructions below. At the Main Menu: —Cli ck“Check File Status” —Enter theTCC —En ter theTIN —Click“Search” If the results onh ttp://fire.irs.govindicate: “Good, Not Released”– If the “Count of Payees” is correct, the filer is finished with this file. The file will automatically be released after ten calendar days unless the filer contacts IRB within this timeframe. “Good, Released”– The file has been releasedto our mainline processing. “Bad”– The file has errors. Click on the filename to view the error message(s), fix the errors, and resubmit the file timely as a“replacement”. September 12, 20112542011–37 I.R.B. “Not yet processed”– The file has been received, but results are not available. Please check back in a few days. —When finished ,click“Log Out” —Click“Close Web Browser” Sec. 8. Common Problems and Questions IRS/IRB encourages filers to verify the format and content ofeach type of record to ensure theaccuracy of the data. This may eliminate the need for IRS/IRB to request replacement files. This may be important for those payers who have either had their files prepared by a service bureau or who have purchased software packages. Filers who engage a service bureau to transmit files on their behalf should be careful not to report duplicate data, which may generate penalty notices. This section lists some of the problems most frequently encountered with electronic files submitted to IRS/IRB. These problems may result in IRS/IRB requesting replacement files. 1. Discrepancy between IRS/IRB Totals and Totals in Payer “C” Records. The “C” Record is a summary record for a type of return for a given payer. IRS compares the totalnumber of payees and payment amounts in the “B” Records with totals in the “C” Records. The two totals must agree. Do NOT enter negative amounts except when reporting Forms 1099-B or 1099-Q. Money amounts must be numeric and right-justified. Unused positions must be zero(0)filled.Donotuseblanksinmoneyamountfields. 2. Missing Correction Indicator in Payee “B” Record. When a file is submitted as a correction file, there must be acorrection indicator, “G” or “C” in position 6 of the Payee “B” record. See Part A, Sec. 8. 3. Incorrect TIN in Payer “A” Record. The Payer’s TIN reported in positions 12–20 of the “A” Record must be a nine-digit number.(Do Not Enter Hyphens.)The TIN and the First Payer Name Line provided in the “A” Record must correspond. 4. Incorrect Tax Year in the Transmitter “T” Record, Payer “A” Record, and the Payee “B” Records. The tax year in the transmitter, payer, and payee records must reflect the tax year of the information return being reported. For prior tax year dat a, there must be a “P” in position 6 of the Transmitter “T” Record. This position must be blank for current year data. 5. Incorrect use of Test Indicator. When sending a test file, position 28 of the Transmitter “T” Record must contain a “T”, otherwise the position should be blank filled. Do not populate this field with a “T” if sending an original, replacement, or correction file. 6. Incorrect Format for TINs in the Payee “B” Record. TINs entered in positions 12–20 of the Payee “B” records must consist of nine numeric characters only.(Do Not Enter Hyphens.) Incorrect formatting of TINs may result in a penalty. 7. Distrib ution Codes for Form 1099-R reported incorrectly. For Form 1099-R, there must be valid Distribution Code(s) in positions 545–546 of the Payee “B” Record. For valid codes (and combinations), refer to the chart in Part C. If only one distribution code is required, it must be entered in position 545 and position 546 must be blank. A blank in position 545 is not acceptable. 8. The Payment Amount Fields in the “B” Record Do Not Correspond to the Amount Codes in the “A” Record. The Amount Codes used in the “A” RecordMUSTcorrespond with the payment amount fields used in the “B” Records. The amount codes must be left-justified and in ascending order.Unused positions must be blank filled. For Example: If the “B” Records show payment amounts in Payment Amount fields 2, 4, and 7, then the “A” Record must correspond with 2, 4, and 7 in the Amount Code field. 2011–37 I.R.B.255September 12, 2011 NON-FORMATERRORS 1. SPAM filters are not set to receive e-mail fromfire@irs.govandirs.e-helpmail@irs.gov. To receive e-ma ils concerning files, processing results, reminders,and notices, set the SPAM filter to receive e-mail from f ire@irs.gova ndi rs.e-helpmail@irs.gov. 2. Incorrect e-mail address provided. When the “Verify Your Filing Information” screen is displayed,make sure the correct e-mail address is listed. If not, please update with the correct e-mail address. 3. Transmitter does not check the FIRE system to determine why the file is bad. Generally, the results of a file transfer are posted to the FIRE system within two business days. If the correct e-mail address was provided on the “Verify Your Filing Information” screen when the file was sent, an e-mail will be sent regarding the FILE STATUS. If the results in the e-mail indicate “Good, Not Released” and the “Count of Payees” is correct, the filer is finished with this file. If any other results are received, follow the instructions in the “Check File Status” option. If the file contains errors, get an online listing of the errors. If the file is good,but the file should not be processed, contact IRS/IRB within ten calendar days of the transmission of the file. 4. Incorrect file is not replaced timely. If a file is bad, fix the file, and resubmit timely as a replacement. 5. Transmitter sends an original file that is good, and then sends a correction file for the entire file even though there are only a few changes. The correction file, containing the proper coding, should only contain the records needing correction, not the entire file. Improper submission can result in duplicate reporting of payee information. 6. Transmitt er sends a file and “CHECK FILE STATUS” indicates that the file is good, but the transmitter wants to send another file containing the same information. Once a file has been transmitted, a replacement file cannot be sent unless the “CHECKFILE STATUS” indicates the file is bad (one to two business days after the file was transmitted). If a file should not be processed, contact IRS/IRB at1–866–455–7438 within ten calendar days to see if this is a possibility. 7. Transmitter compresses several files into one. Only compre ss one file at a time. For example, if there are ten uncompressed files to send, compress each file separately and send ten sep arate compressed files. 8. File is formatted as EBCDIC. All files submitted electronicallymust be in standard ASCII code. 9. Transmitter has one TCC, but is filing for multiple companies. Which TIN should be used when logging into the FIRE system to send a file? When sending the file electronically, enter the TIN of the company assigned to the TCC. The uploaded file must contain the TINs of the businesses (payers) that made payments that aresubject to reporting on information returns. The payer TIN is the information that will be passed forward. 10. Transmitter sent the wrong file. What should be done? Call IRS/IRB at1–866–455–7438. IRB may be able to stop the file before it has been processed. September 12, 20112562011–37 I.R.B. Part C. Record Format Specification and Record Layouts Sec. 1. File Layout Diagram Sec. 2. General .01The specifications contained in this part of the Revenue Procedure define the required formation and contents of the records to be included in the electronic files. .02A provision is made in the “B” Records for entries which are optional. If the field is not used, enter blanks to maintain a fixed record length of 750 positions. Each field descriptionexplains the intended use of specific field positions. Sec. 3. Transmitter “T” Record — General Field Descriptions .01The Transmitter “T” Record identifies the entity transmitting the electronic file and contains information which is critical if it is necessary for IRS/IRB to contact the filer. .02The Transmitter “T” Record is the first record on each file and is followed by a Payer “A” Record. A file format diagram is located at the beginning of Part C. A replacement file will be requested by IRS/IRB if the “T” Record is not present. .03For all fields marked“Required,”the transmitter must provide the information described under Description and Remarks. For those fields not marked“Required,”a transmitter must allow for the field but may be instructed to enter blanks or zeros in the indicated field positions and for the indicated length. .04All records must be a fixed length of 750 positions. .05All alpha characters entered in the “T” Record must be upper-case, except e-mail addresses which may be case sensitive.Do notuse punctuation in the name and address fields. 2011–37 I.R.B.257September 12, 2011 Record Name: Transmitter “T” Record Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter “T.” 2–5 Payment Year4 Required..Enter“2011.” If reporting prior year data report the year which applies (2010, 2009, etc.) and set the Prior Year Data Indicator in field position 6. 6Prior Year Data Indicator 1 Required.Enter “P”onlyif reporting prior year data; otherwise, enter blank. Do not enter a “P” if the tax year is2011. 7–15 Transmitter’s TIN9 Required.Enter the transmitter’s nine-digit Taxpayer Identification Number (TIN). 16–20Transmitter Control Code 5Required.Enter the five-character alpha/numeric Transmitter Control Code (TCC) assigned by IRS/IRB. A TCC must be obtained to file data with this program. 21–27Blank7Enter blanks. 28Test File Indicator 1 Required for test files only.Enter a “T” if this is a test file; otherwise, enter a blank. 29Foreign Entity Indicator 1Enter a “1” (one) if the transmitter is a foreign entity. If the transmitter is not a foreign entity, enter a blank. 30–69Transmitter Name40 Required.Enter the name of the transmitter in the manner in which it is used in normal business. Left-justify information and fill unused positions with blanks. 70–109Transmitter Name (Continuation) 40 Required.Enter any additional information that may be part of the name. Left-justify information and fill unused positions with blanks. 110–149Company Name40 Required.Enter the name of the company associated with the address where correspondence should be sent. 150–189 Company Name (Continuation) 40Enter any additional information that may be part of the name of the company where correspondence should be sent. 190–229Company Mailing Address 40 Required.Enter the mailing address where correspondence should be sent. Note: Any correspondence relating to problem electronic files will be sent to this address. For U.S. addresses, the payer city, state, and ZIP Code must be reported as a 40, 2, and 9-position field, respectively.Filers must adhere to the correct format for the payer city, state, and ZIP Code. For foreign addresses, filers may use the payer city, state, and ZIP Code asa continuous 51-position field. Enter information inthefollowingorder:city,provinceorstate,postalcode,and the name of the country. When reporting a foreign address, the Foreign Entity Indicator in position 29 must contain a “1” (one). 230–269Company City 40 Required.Enter the city, town, or post office where correspondence should be sent. 270–271Company State 2 Required.Enter the valid U.S. Postal Service state abbreviation. Refer to the chart for valid state codes in Part A, Sec. 12. 272–280Company ZIP Code 9 Required.Enter the valid nine-digit ZIP Code assigned by the U.S. Postal Service. If only the first five-digits are known, left-justify and fill unused positions with blanks. 281–295 Blank 15 Enter blanks. 296–303Total Number of Payees 8Enter the total number of Payee “B” Records reported in the file. Right-justify information and fill unused positions with zeros. 304–343Contact Name40 Required.Enter the name of the person to be contacted if IRS/IRB encounters problems with the file or transmission. September 12, 20112582011–37 I.R.B. Record Name: Transmitter“T” Record (Continued) Field Position Field Title Length Description and Remarks 344–358 Contact Telephone Number & Extension 15Required.Enter the telephone number of the person to contact regarding electronic files. Omit hyphens. If no extension is available, left-justify information and fill unused positions with blanks. For example, the IRS/IRB Customer Service Section telephone number of866–455–7438with an extension of52345would be866455743852345. 359–408 Contact E-mail Address 50Required if available.Enter the e-mail address of the person to contact regarding electronic files. Left-justify the information. If no e-mail address is available, enter blanks. 409–499Blank91Enter blanks. 500–507 Record Sequence Number 8 Required.Enter the number of the record asit appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and thefile can have only one “T” Record. Each record, thereafter, must be incremental by one in ascending numerical sequence, i.e.,2,3,4,etc.Right-justifynumberswithleadingzerosinthefield.For example, the “T” Record sequencenumber would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the final record of the file, the “F” Record. 508–517 Blank10Enter blanks. 518 Vendor Indicator1 Required.Enter the appropriate code from the table below to indicate if the software used to produce this file was provided by a vendor or produced in-house. Indicator Usage VThe software was purchased from a vendor or other source. IThe software was produced by in-house programmers. Note: In-house programmer is defined as an employee ora hired contract programmer. If the software is produced in-house, the following Vendor information fields are not required. 519–558 Vendor Name40 Required.Enter the name of the company from whom the software was purchased. 559–598 Vendor Mailing Address 40 Required.Enter the mailing address. ForU.S.addresses, the vendor city, state, and ZIP Code must be reported as a 40, 2, and 9-position field, respectively.Filers must adhere to the correct format for the payer city, state, and ZIP Code. For foreign addresses, filers may use the payer city, state, and ZIP Code asa continuous 51-position field. Enter information in the following order: city, province or state, postal code, and the name of the country. 599–638 Vendor City40 Required.Enter the city, town, or post office. 639–640Vendor State2 Required.Enter the valid U.S. Postal Service state abbreviation. Refer to the chart of valid state codes in Part A, Sec. 12. 641–649Vendor ZIP Code9 Required.Enter the valid nine-digit ZIP Code assigned by the U.S. Postal Service. If only the first five-digits are known, left-justify and fill unused positions with blanks. 650–689 Vendor Contact Name40 Required.Enter the name of the person to be contacted concerning any software questions. 2011–37 I.R.B.259September 12, 2011 Record Name: Transmitter“T” Record (Continued) Field Position Field Title Length Description and Remarks 690–704Vendor Contact Phone Number & Extension 15Required.Enter the telephone number of the person to contact concerning software questions. Omit hyphens. If no extension is available, left-justify and fill unused positions with blanks. 705–739 Blank 35 Enter Blanks. 740Vendor Foreign Entity Indicator 1Enter a “1” (one) if the vendor is a foreign entity. Otherwise, enter a blank. 741–748Blank8Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed characters (CR/LF). Sec. 4. Transmitter “T” Record — Record Layout Record Type Payment Year Prior Year Data Indicator Transmitter’s TIN Transmitter Control Code Blank 1 2–5 6 7–15 16–2021–27 Test File Indicator Foreign Entity Indicator Transmitter Name Transmitter Name (Continuation) Company Name Company Name (Continuation) 282930–6970–109110–149 150–189 Company Mailing Address Company City Company State Company ZIP Code BlankTotal Number of Payees Contact Name 190–229230–269270–271272–280 281–295 296–303304–343 Contact Phone Number & Extension Contact e-mail Address BlankRecord Sequence Number BlankVendor Indicator 344–358359–408 409–499 500–507508–517518 Vendor Name Vendor Mailing Address Vendor City Vendor State Vendor ZIP Code Vendor Contact Name 519–558559–598599–638 639–640641–649 650–689 September 12, 20112602011–37 I.R.B. Vendor Contact Phone Number & Extension BlankVendor Foreign Entity Indicator BlankBlank or CR/LF 690–704 705–739 740741–748 749–750 Sec. 5. Payer “A” Record — General Field Descriptions .01The Payer “A” Record identifies the person making payments, a recipient of mortgage or student loan interest payments, an educational institution, a broker, a person reporting a real estate transaction, a barter exchange, a creditor, a trustee or issuer of any IRA or MSA plan, and a lender who acquires an interest in secured property or who has a reason to know that the property has been abandoned. The payer will be held responsible for the completeness, accuracy, andtimely submission of electronic files. .02The second record on the file must be an “A” Record. A transmitter may include Payee “B” Records for more than one payer in a file. However, each group of “B” Records must be precededby an “A” Record and followed by an End of Payer “C” Record. A single file may contain different types of returns but the types of returnsmust notbe intermingled. A separate “A” Record is required for each payer and each type of return being reported. .03The number of “A” Records depends on the number of payers and the different types of returns being reported. Do not submit separate “A” Records for each payment amount being reported. For example, if a payer is filing Form 1099-DIV to report Amount Codes 1, 2, and 3, all three amount codes should be reported under one “A” Record, not three separate “A” Records. .04The maximum number of “A” Records allowed on a file is 99,000. .05All records must be a fixed length of 750 positions. .06All alpha characters entered inthe “A” Record must be upper case. .07For all fields marked“Required,”the transmitter must provide the information described under Description and Remarks. For those fields not marked“Required,”a transmitter must allow for the field, but may be instructed to enter blanks or zeros in the indicated field position(s)and for the indicated length. Record Name: Payer “A” Record Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter an “A.” 2–5 Payment Year4 Required.Enter “2011.” If reporting prior year data report the year which applies (2010, 2009, etc.). 6Combined Federal/State Filer 1 Required for the Combined Federal/State Filing Program.Enter“1”(one)if approved or submitting a test to participate in the Combined Federal/State Filing Program; otherwise, enter a blank. Note 1: If the Payer “A” Record is coded for the Combined Federal/State Filing Program, there must be coding in the Payee “B” Records and the State Totals “K” Records. Note 2: If “1” (one) is entered in this field position, be sure tocode the Payee “B” Records with the appropriate state code. Refer to Part A, Sec. 10, for further information.Review the table carefully as some states have dropped out of the program. 7–11Blank 5 Enter blanks. 12–20Payer’s Taxpayer Identification Number (TIN) 9 Required.Enter the valid nine-digit Taxpayer Identification Number assigned to the payer.Do not enter blanks, hyphens, or alpha characters.All zeros, ones, twos, etc., will have the effect of an incorrect TIN. Note: For foreign entities that are not required to have a TIN, this field must be blank. However, the Foreign Entity Indicator, position 52 of the “A”Record, must be set to “1” (one). 2011–37 I.R.B.261September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks 21–24Payer Name Control 4The Payer Name Control can be obtained only from the mail label on the Package 1096 that is mailed to most payers eachDecember. If a Package 1096 has not been received, determine the name control using the following simple rules or leave the field blank. For a business, use the first four significant characters of the business name. Disregard the word “the” when it is the first word of the name, unless there are only two words in the name. A hyphen (-) and an ampersand (&) are the only acceptable special characters. Names of less than four (4) characters should be left-justified, filling the unused positions with blanks. 25 Last Filing Indicator 1Enter a “1” (one) if this is thelast yearthis payer name and TIN will file information returns electronically or on paper; otherwise, enter a blank. 26–27Type of Return2 Required.Enter the appropriate code from the table below. Left-justify information and fill unused positions with blanks. TypeofReturnCode 1097-BTCBT 10983 1098-CX 1098-E2 1098-T8 1099-A4 1099-BB 1099-C 5 1099-CAPP 1099-DIV1 1099-GF 1099-HJ 1099-INT6 1099-KMC 1099-LTCT 1099-M ISC A 1099-OIDD 1099-PATR7 1099-QQ 1099-R9 1099-SS 109 9-SA M 3921N 3922Z 5498 L 54 98-ESA V 5498-SA K 8935 U W-2GW 28-43Amount Codes (See Note.) 16Required.Enter the appropriate amount code(s) for the type of return being reported. In most cases, the box numbers on paper information returns correspond with the amount codes used to file electronically. However, if discrepancies occur, this Revenue Procedure governs for filing electronically. Enter the amount codes in ascending sequence; numeric characters followedbyalphas.Left-justify information and fill unused positions with blanks. Note: A type of return and an amount code must be present in every Payer “A” Record even if no money amounts are being reported. For a detailed explanation of the information to be reported in each amount code, refer to the appropriate paper instructions for each form. September 12, 20112622011–37 I.R.B. Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks Amount CodesForm 1097-BTC— Bond Tax Credit For Reporting Bond Tax Credit on Form 1097-BTC: AmountCodeAmountType 3Other Allowance Date Credit 4 March 15, 2011 Allowance Date Credit 5June 15, 2011 Allowance Date Credit 6 September 15, 2011 Allowance Date Credit 7 December 15, 2011 Allowance Date Credit Amount CodesForm 1098—Mortgage Interest Statement For Reporting Mortgage Interest Received From Payers/Borrowers (Payer of Record) on Form 1098: A mountCodeAmountType 1Mortgage interest received from payer(s)/borrower(s) 2Points paid on purchase of principal residence 3Refund (or cre dit) of overpaid interest 4Mortgage Insurance Premiums 5 Blank (Filer’s use) Amount CodesForm 1098-C— Contributions of Motor Vehicles, Boats, and Airplanes For Reporting Gross Proceeds From Sales on Form 1098-C: A mountCodeAmountType 4Gross proceeds from sales 6Value of goods or services in exchange for vehicle Amount CodeForm 1098-E—Student Loan Interest For Reporting Interest on Student Loans on Form 1098-E: A mountCodeAmountType 1Student loan interest received by lender Amount CodesForm 1098-T— Tuition Statement For Reporting Tuition Payments on Form 1098-T: A mountCodeAmountType 1Payments received forqualified tuition and related expenses 2Amounts billed for qualified tuition and related expenses 3Adjustments made for prior year 4Scholarships or grants 5 Adjustmentstoscholarshipsorgrantsfor a prior year 7Reimbu rsements or refunds of qualified tuitio n and related expenses from an insura nce contract 2011–37 I.R.B.263September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks Note 1: For Amount Codes 1 and 2 enter either payments received OR amounts billed. Do Not report both. Note 2: Amount Codes 3 and 5 are assumed to be negative. It is not necessary to code with an over punch or dash to indicate a negative reporting. Amount CodesForm 1099-A— Acquisition or Abandonment of Secured Property For Reporting the Acquisition or Abandonment of Secured Property on Form 1099-A: A mountCodeAmountType 2Balance of prin cipal outstanding 4Fair market value of property For Reporting Payments on Form 1099-B: Amount CodesForm 1099-B— Proceeds From Broker and Barter Exchange TransactionsA mountCodeAmountType 2Stocks, bonds, etc. (For forward contracts, See Note 1.) 3Bartering(D o not report negative amounts.) 4Federal income tax withheld (backup withholding) (Do not report negative amounts.) 6 Profit (or loss) realized in2011(See Note 2.) 7Unrealized profit (or loss) on open contracts -12/31/2010(See Note 2.) 8Unrealize d profit (or loss) on open contracts -12/31/2 011(See Note 2.) 9 Aggregate profit (or loss)(See Note 2.) ACost or other basis BWash sale loss disallowed Note 1: The payment amount field associated with Amount Code 2 may be used to report a loss from a closing transaction on a forward contract. Refer to the “B” Record – General Field Descriptions and Record Layouts, Payment Amount Fields, for instructions on reporting negative amounts. Note 2: Payment Amount Fields 6, 7, 8, and 9 are to be used for the reporting of regulatedfutures or foreign currency contracts. For Reporting Payments on Form 1099-C: Amount CodesForm 1099-C— Cancellation of Debt A mountCodeAmountType 2Amount of debt canceled 3Interes t, if included in Amount Code 2 7 Fair market value of property(See Note.) Note: Use Amount Code 7 only if a combined Form 1099-A and 1099-C is being filed. For Reporting Payments on Form 1099-CAP: Amount CodeForm 1099-CAP— Changes in Corporate Control and Capital StructureA mountCodeAmountType 2Aggregate amount received September 12, 20112642011–37 I.R.B. Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks For Reporting Payments on Form 1099-DIV: Amount CodesForm 1099-DIV— Dividends and Distributions A mountCodeAmountType 1Total ordinary dividends 2Qualified dividends 3Total capital gain distribution 6 Unrecaptured Section1250gain 7Section 1202 gain 8Collectibles (28%) rate gain 9Nondividend distributions AFederal income tax withheld BInvestment expenses CForeign tax paid DCash liquidation distributions ENon-cash l iquidation distributions For Report ing Payments on Form 1099-G: Amount CodesForm 1099-G— Certain Government Payments A mountCodeAmountType 1Unemployment compensation 2State or local income tax refunds, credits, or offsets 4Federal income tax withheld (backup withholding or voluntary withholding on unemployment compensation or Commodity Credit Corporation Loans, or certain crop disaster payments) 5 Alternative Trade Adjustment Assistance (ATAA) Payments 6Taxable grants 7Agriculture payments 9Market Gain For Reporting Payments on Form 1099-H: Amount CodesForm 1099-H— Health Coverage Tax Credit (HCTC) Advance PaymentsA mountCodeAmountType 1Gross amount of health insurance advance payments 2Amount of advance payment for January 3Amount of advance payment for February 4Amoun t of advance payment for March 5 Amount of advance payment for April 6Amount of advance payment for May 7Amoun t of advance payment for June 8Amount of advance payment for July 9Amount of advance payment for August AAmou nt of advance payment for September BAmount of advance payment for October CAmount of advance payment for November DAmo unt of advance payment for December 2011–37 I.R.B.265September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks For Reporting Payments on Form 1099-INT: Amount CodesForm 1099-INT— Interest Income A mountCodeAmountType 1Interest income not included in Amount Code 3 2Early withdrawal penalty 3Interest on U.S. Savings Bonds and Treasury obligations 4Federal income tax withheld (backup withholding) 5 Investment expenses 6Foreigntaxpa id 8Tax-exempt interest 9Specified Private Activity Bond Interest Amount Codes Form 1099-K — Merchant Card and Third Party Network PaymentsA mountCodeAmountType 1Gross amount of merchant card/third party network payments 5January payments 6 February payments 7March payments 8April payments 9May payments AJune payments BJuly payments CAugust payments DSeptember payments EOctober payments FNovember payments GDecember payments Amount Codes Form 1099-LTC— Long-Term C are and Accelerated Death Benefits For Reporting Payments on Form 1099-LTC: A mountCodeAmountType 1Gross long-term care benefits paid 2Accelerated death benefits paid September 12, 20112662011–37 I.R.B. Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks For Reporting Payments on Form 1099-MISC: Amount CodesForm 1099-MISC— Miscellaneous Income (See Note 1.)A mountCodeAmountType 1Rents 2 Royalties(See Note 2.) 3Other income 4Federal income tax withheld (backup withholding or withholding on Indian gaming profits) 5 Fishing boat proceeds 6Medical and health care payments 7Nonemployee compensation 8Substitute payments in lieu of dividends or interest ACrop insurance proceeds BExcess golden parachute payments CGross proceeds paid to an attorney in connection with legal services DSection 409A Deferrals ESection 409A Income Note 1: If only reporting a direct sales indicator (see “B” record field position 547), use Type of Return “A” in Field Positions 26–27, and Amount Code 1 in Field Position 28of the Payer “A” Record. All payment amount fields in the Payee “B” Record will contain zeros. Note 2: Do not report timber royalties under a “pay-as-cut” contract; these must be reported on Form 1099-S. Amount CodesForm 1099-OID— Original Issue Discount For Reporting Payments on Form 1099-OID: A mountCodeAmountType 1Original issue discount for2011 2Otherpe riodic interest 3Early withdrawal penalty 4Federal income tax withheld (backup withholding) 6Original issue discount on U.S. Treasury Obligations 7Investment expenses For Reporting Payments on Form 1099-PATR: Amount CodesForm 1099-PATR— Taxable Distributions Received From CooperativesA mountCodeAmountType 1Patronage dividends 2Nonpatronage distributions 3Per -unit retain allocations 4Federal income tax withheld (backup withholding) 5 Redemption of nonqualified notices and retain allocations 6Deduction for qualified production activities income 2011–37 I.R.B.267September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks Pass-Through Credits 7Investment credit 8Work opportunity credit 9Patron’s alternative minimum tax (AMT) adjustment AForfiler’sus e for pass-through credits and deductions For Reporting Payments on a Form 1099-Q: Amount CodesForm 1099-Q— Payments From Qualified Education Programs (Under Sections 529 and 530)A mountCodeAmountType 1Gross distribution 2Earnings 3Basis For Reporting Payments on Form 1099-R: A mountCodeAmountType 1Gross distribution 2 Taxable amo unt(See Note 1.) 3Capital gain (included in Amount Code 2) 4Federal in come tax withheld 5 Employee contributions or insurance premiums 6Net unrealized appreciation in employer’s securities 8Other 9Total employee contributions Amount Code sForm 1099-R— Distributi ons From Pensions, Annuities, Retirement or Profit–Sharing Plans, IRAs, Insurance C ontracts, etc. ATraditional IRA/SEP/SIMPLE distribution or Roth conversion(See Note 2.) BAmount allocable to IRR within 5 years Note 1: If the taxable amount cannot be determined, enter a “1” (one) in position 547 of the “B” Record. Payment Amount 2 must contain zeros. Note 2: For Form 1099-R, report the Roth conversion or total amount distributed from an IRA, SEP, or SIMPLE in Payment Amount Field A (IRA/SEP/SIMPLE distribution orRoth conversion) of the Payee “B” Record, and generally, the same amount in Payment Amount Field 1 (Gross Distribution). The IRA/SEP/SIMPLE indicator should be set to “1” (one) in Field Position 548 of the Payee “B” Record. For Reporting Payments on Form 1099-S: Amoun tCodesForm 1099-S— Proceeds From R eal Estate Transactions A moun tCode Amoun tType 2 Gross proceeds(See Note.) 5 Buyer’s part of real estate tax Note: Include payments of timber royalties made under a “pay-as-cut” contract, reportable under IRC section 6050N. If timber royalties are being reported, enter “TIMBER” in thedescription field of the “B” Record. If lump-sum timber payments are being reported, enter “LUMP-SUM TIMBER PAYMENT” in the description field of the “B” record. September 12, 20112682011–37 I.R.B. Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks For Reporting Distributions on Form 1099-SA: Amount CodesForm 1099-SA— Distributions From an HSA, Archer MSA, or Medicare Advantage MSAA mountCodeAmountType 1Gross distribution 2Earnings on excess contributions 4Fair market value of the account on date of death Amount CodesForm 3921—Exerciseof a Qualified Incentive Stock Option Under Section 422(b) For Reporting Information on Form 3921: A mountCodeAmountType 3Exercise price per share 4Fair market value of share on exercise date Amount CodesForm 3922—Transfer of Stock Acquired Through an Employee Stock Purchase Plan Under Section 423(b) For Reporting Information on Form 3922: A mountCodeAmountType 3Fair market value per share on grant date 4Fair market value on exercise date 5 Exercise price per share 8Exercise price per share determined as if the option was exercised on the date the option was granted For Reporting Information on Form 5498:Amount CodesForm 5498—IRA Contribution A mountCodeAmountType 1IRA contributions (other than amounts in Amount Codes 2, 3, 4, 8, 9, and A)(See Notes 1 and 2.) 2Rollover contributions 3Roth conversion amount 4Recharacte rized contributions 5 Fair market value of account 6Life insurance cost included in Amount Code 1 8SEP contributions 9SIMPLEco ntributions ARoth IRA contributions BRMD amount CPostponed Contribution DRepayments Note 1: If reporting IRA contributions for a participant in a military operation, see the2011 Instructions for Forms 1099-R and 5498. Note 2: Also include employee contributions to an IRA under a SEP plan but not salary reduction contributions. D O NOTincludeEMPLOYERcontributions;these are included in Amount Code 8. 2011–37 I.R.B.269September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks For Reporting Information on Form 5498-ESA:Amount CodesForm 5498-ESA— Coverdell ESA Contribution Information A mountCodeAmountType 1Coverdell ESA contributions 2Rollover contributions For Reporting I nformation on Form 5498-SA: Amount CodesFo rm 5498-SA—HSA, Archer MSA, or M edicare Advantage MSA Informatio n A mountCodeAmountType 1Employeeorsel f-employed person’s Archer MSA cont ributions made in2011 and2012for20 11 2Total contributions made in2011(See the 2011Instructions.) 3Total HSA/MSA contributions made in 2012for 2011 4 Rollover contributions(See Note.) 5 Fair market value of HSA, Archer MSA or Medicare Advantage MSA Note:ThisistheamountofanyrollovermadetothisMSAin2011after a distribution from another MSA. For detailed information on reporting, see the2011 Instructions for Forms 1099-SA and 5498-SA. Amount CodesForm 8935—Airline Payments Report For Reporting Information on Form 8935: A mountCodeAmountType 1Total amount reported 2First year of reported payments 3Second year of reported payments 4Third year of reported payments 5 Fourth year of reported payments 6Fifth year of reported payments Amount CodesW-2G— Certain Gambling Winnings For Reporting Payments on Form W-2G: A mountCodeAmountType 1Grosswinnings 2Federal income tax withheld 7Winnings from identical wagers 44–51Blank8Enter blanks. 52 Foreign Entity Indicator 1Enter a “1” (one) if the payer is a foreign entity and income is paid by the foreign entity to a U.S. resident. Otherwise, enter a blank. 53–92 First Payer Name Line 40 Required.E nter the name of the payer whose TIN appears in positions 12–20 of the “A” Record. Any extraneous information must be deleted. Left-justify information and fill un used positions with blanks. (Filers should not enter a transfer agent’s name in thi s field. Any transfer agent’s name should appear in the Second Payer Name Line F ield.) September 12, 20112702011–37 I.R.B. Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks 93–132Second Payer Name Line 40 If the Transfer (or Paying) Agent Indicator (position 133) contains a “1” (one), this field must contain the name of the transfer (or paying) agent. If the indicator contains a “0” (zero), this field may contain either a continuation of the First Payer Name Line or blanks. Left-justify information and fill unused positions with blanks. 133Transfer Agent Indicator 1 Required.Identifies the entity in the Second Payer Name Line Field. CodeMeaning 1The entity in the Second Payer Name Line Field is the transfer (or paying) agent. 0 (zero)The entity shown isnotthe transfer (or paying) agent (i.e., the Second Payer Name Line Field contains either a continuation of the First Payer Name Line Field or blanks). 134–173Payer Shipping Address 40 Required.If the Transfer Agent Indicator in position 133 is a “1” (one), enter the shipping address of the transfer (or paying) agent. Otherwise, enter theactual shipping address of the payer. The street address should include number, street, apartment or suite number, or PO Box if mail is not delivered to a street address. Left-justify information, and fill unused positions with blanks. For U.S. addresses, the payer city, state, and ZIP Code must be reported as a 40, 2, and 9-position field, respectively.Filers must adhere to the correct format for the payer city, state, and ZIP Code. For foreign addresses, filers may use the payer city, state, and ZIP Code asa continuous 51-position field. Enter information in the following order: city, province or state, postal code, and the name of the country. When reporting a foreign address, the Foreign Entity Indicator in position 52 must contain a “1” (one). 174–213Payer City40 Required.If the Transfer Agent Indicator in position 133 is a “1” (one), enter the city, town, or post office of the transfer agent. Otherwise, enter the city, town, or post office of the payer. Left-justify information and fill unused positions with blanks. Do not enter state and ZIP Code information in this field. 214–215 Payer State2 Required.Enter the valid U.S. Postal Service state abbreviations. Refer to the chart of valid state abbreviations in Part A, Sec.12. 216–224Payer ZIP Code 9 Required.Enter the valid nine-digit ZIP Code assigned by the U.S. Postal Service. If only the first five-digits are known, left-justify information and fill the unused positions with blanks. For foreign countries, alpha characters are acceptable as long as the filer has entered a “1” (one) in the Foreign Entity Indicator, located in Field Position 52 of the “A” Record. 225–239 Payer’s Telephone Number & Extension 15 Enter the payer’s telephone number and extension. Omit hyphens. Left-justify information and fill unused positions with blanks. 240–499Blank260Enter blanks. 500–507 Record Sequence Number 8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and the file can have only one “T” Record. Each record, thereafter, must be incremental by one in ascending numerical sequence, i.e., 2, 3, 4, etc. Right-justify numbers with leading zerosin the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the finalrecord of the file, the “F” Record. 508–748 Blank241Enter blanks. 2011–37 I.R.B.271September 12, 2011 Record Name: Payer “A” Record (Continued) Field Position Field Title Length Description and Remarks 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Sec.6.Payer“A”Record—RecordLayouts Record Type Payment Year Combined Federal/State Filer BlankPayer TIN Payer Name Control Last Filing Indicator 1 2–5 67–1112–2021–24 25 Type of Return Amount Codes BlankForeign Entity Indicator First Payer Name Line 26–2728–43 44–515253–92 Second Payer Name Line Transfer Agent Indicator Payer Shipping Address Payer City Payer State Payer ZIP Code 93–132133134–173174–213 214–215 216–224 Payer’s Telephone Number and Extension BlankRecord Sequence Number BlankBlank or CR/LF 225–239 240–499 500–507508–748749–750 Sec. 7. Payee “B” Record — General Field Descriptions and Record Layouts .01The “B” Record contains the payment information from the information returns. The record layout for field positions 1 through 543 is the same for all types of returns. Field positions 544 through 750 vary for each type of return toaccommodate special fields for individual forms. In the “B” Record, the filermustallow for allsixteenPayment Amount Fields.For those fields not used, enter “0” (zeros). .02The following specifications include a field in the payee records called “NameControl” in which the first four characters of the payee’s surname are to be entered by the filer: (a)If filers are unable to determine the first four characters of the surname, the Name Control Field may be left blank. Com- pliance with the following will facilitate IRS computer programs in identifying the correct name control: (1)The surname of the payee whose TIN is shown in the “B” Recordshould always appear first. If, however, the records have been developed using the first name first, the filer must leave a blank space between the first and last names. (2)In the case of multiple payees, the surname of the payee whose TIN (SSN, EIN, ITIN, or ATIN) is shown in the “B” Record must be present in the First Payee Name Line. Surnames of any other payees may be entered in the Second Payee Name Line. .03For all fields marked“Required,”the transmitter must provide the information described under “Description and Remarks”. For those fields not marked“Required,”the transmitter must allow for the field, but may be instructed to enter blanks or zeros in the indicated field position(s)and for the indicated length. .04All records must be a fixed length of 750 positions. September 12, 20112722011–37 I.R.B. .05A field is also provided in these specifications for Special DataEntries. This field may be used torecord information required by state or local governments, or for the personal use of the filer. IRS does not use the data provided in the Special Data Entries Field; therefore, the IRS program does not check the content or format ofthe data entered in this field. Itis the filer’s option to use the Special Data Entry Field. .06Following the Special Data Entries Field in the “B” Record, payment fields have been allocatedfor State Income Tax Withheld and Local Income Tax Withheld. These fields are for the convenience of filers. The information will not be used by IRS/IRB. .07Those payers participating in the Combined Federal/State Filing Program must adhere to all of the specifications in Part A, Sec. 10, to participate in this program. .08All alpha characters in the “B” Record must be uppercase. .09 Do notuse decimal points (.) to indicate dollars and cents. Payment Amount Fields must be all numeric characters. Record Name: Payee “B” Record Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter “B”. 2–5 Payment Year4 Required.Enter “2011.” If reporting prior year data, report the year which applies (2010, 2009, etc.). 6Corrected Return Indicator (See Note.) 1 Required for corrections only.Indicates a corrected return. Enter the appropriate code from the following table. CodeDefinition GIf this is a one-transactioncorrectionorthefirstof a two-transaction correction CIf this is the second transaction of a two-transaction correction BlankIf this is not a return being submitted to correct information already processed by IRS Note: C, G, and non-coded records must be reported using separate Payer “A” Records. Refer to Part A, Sec. 8, for specific instructions on how to file corrected returns. 7–10Name Control4If determinable, enter the first four characters of the surname of the person whose TIN is being reported in positions 12-20 of the “B” Record; otherwise,enter blanks. This is usually the payee. If the name that corresponds to the TIN is not included in the first or sec- ond payee name line and the correctname control is not provided, a backup withholding notice may be generated for the record. Sur- names of less than four characters should be left-justified, filling the unused positions with blanks. Special characters and embedded blanks should be removed. In the case of a business, other than a sole proprietorship, use the first four significant characters of the business name. Disregard the word “the” when it is the first word of the name, unless there are only two words in the name. A hyphen (-) and an ampersand (&) are the only acceptable special characters. Surname prefixes are considered, e.g., for Van Elm, the name control would be VANE. For a sole proprietorship, use the name of the owner to create the name control and report the owner’s name in positions 248–287, First Payee Name Line. Note: Embedded blanks, extraneous words, titles, and special characters (i.e., Mr., Mrs., Dr., period [.], apostrophe [’]) should be removed from the Payee Name Lines. A hyphen (-) and an ampersand (&) are the only acceptable special characters. 2011–37 I.R.B.273September 12, 2011 Record Name: Payee “B” Record (Continued) Field Position Field Title Length Description and Remarks The following examples may be helpful to filers in developing the Name Control: Name NameControl Individuals: JaneB rownBROW John A.L eeLEE* James P.E n,Sr.EN* JohnO ’Neil ONEI MaryV anBurenVANB JuanD eJesusDEJE Gloria A.E l-RoyEL-R Mr. JohnS mith SMIT JoeM cCarthy MCCA PedroT orres-Lopes**TORR MariaL opez Moreno**LOPE Binh ToL aLA* Nhat ThiP hamPHAM Corporations: TheF irstNationalBank FIRS T heHideawayTHEH A &BCafe A&BC 1 1THStre et Inc. 11TH Sole Proprietor: MarkH emlock DBA The Sunshine Club HEML MarkD ’A llesandro DALL Partnership: RobertA spen and Bess Willow ASPE HaroldF ir,BruceElm, and Joyce Spruce et al Ptr FIR* Estate: FrankW hiteEstate WHIT Estat eofSheilaB lue BLUE Trusts and Fiduciaries: D ais y Corporation Employee Bene fit Trust DAIS Trust FBO The C herryblossom Society CHER Exempt Organizations: L aborer’s Union, AFL-CIOLABO S t. Bernard’s Methodist Chu rch Bldg. Fund STBE * Name Controls of less than four significant characters must be left-justified and blank-filled. **For Hispanic names, when two last names are shown for an individual, derive the name control from the first last name. September 12, 20112742011–37 I.R.B. Record Name: Payee “B” Record (Continued) Field Position Field Title Length Description and Remarks 11Type of TIN1This field is used to identify the Taxpayer Identification Number (TIN) in positions 12–20 as eitheran Employer Identification Num- ber (EIN), a Social Security Number (SSN), an Individual Taxpayer Identification Number (ITIN) or an Adoption Taxpayer Identification Number (ATIN). Enter the appropriate code from the following table: CodeTypeofTINTypeofAccount 1EINA business, organization, some sole proprietors, or other entity 2SSNAn individual, including some sole proprietors 2ITINAn individual required to have a taxpayer identification number, but who is not eligible to obtain an SSN 2ATINAn adopted individual prior to the assignment of a social security number BlankN/AIf the type of TIN is not deter- minable, enter a blank. 12–20Payee’s Taxpayer Identification Number (TIN) 9 Required.Enter the nine-digit Taxpayer Identification Number of the payee (SSN, ITIN, ATIN, or EIN). If an identification number has been applied for but not received, enter blanks.Do not enter hyphens or alpha characters.All zeros, ones, twos, etc., will have the effect of an incorrect TIN. If the TIN is not available, enter blanks. Note: If filer is required to report payments made through Foreign Intermediaries and Foreign Flow-Through Entities on Form 1099, see the2011 General Instructions for Certain Information Returnsfor reporting instructions. 21–40Payer’s Account Number For Payee 20 Required if submitting more than one information return of the same type for the same payee.Enter any number assigned by the payer to the payee that can be used by the IRS to distinguish between information returns. This number must be unique for each informa- tion return of the same type for the same payee. If a payee has more than one reporting of the same document type, it is vital that each re- porting have a unique account number. For example, if a payer has 3 separate pension distributionsfor the same payee and 3 separate Forms 1099-R are filed, 3 separate unique account numbers are re- quired. A payee’s account number may be given a unique sequencing number, such as 01, 02 or A, B, etc., to differentiate each reported in- formation return. Do not use the payee’s TIN since this will not make each record unique. This information is critical when corrections are filed. This number will be provided with the backup withholding no- tification and may be helpful in identifying the branch or subsidiary reporting the transaction. Theaccount number can be any combina- tion of alpha, numeric, or special characters. If fewer than twenty characters are used, filers may either left or right-justify, filling the remaining positions with blanks. 41–44Payer’s Office Code 4Enter the office code of the payer; otherwise, enter blanks. For payers with multiple locations, this field may be used to identify the location of the office submitting the information returns. This code will also appear on backup withholding notices. 2011–37 I.R.B.275September 12, 2011 Record Name: Payee “B” Record (Continued) Field Position Field Title Length Description and Remarks 45–54 Blank10Enter blanks. Payment Amount Fields (Must be numeric) Required. Filers should allow for all payment amounts. For those not used, enter zeros.Each payment field must contain 12 numeric characters. Each payment amount must contain U.S. dollars and cents. The right-most two positions represent cents in the pay- ment amount fields.Do not enter dollar signs, commas, decimal points, or negative payments, except those items that reflect a loss on Form 1099-B or 1099-Q.Positive and negative amounts are in- dicated by placing a “+” (plus) or “-” (minus) sign in the left-most position of the payment amount field. A negative over punch in the unit’s position may be used, instead of a minus sign, to indicate a negative amount. If a plus sign, minus sign, or negative over punch is not used, the number is assumed to be positive. Negative over punch cannot be used in PC created files. Payment amounts must be right-justified and unused positions must be zero filled. 55–66 Payment Amount 1* 12The amount reported in this field represents payments for Amount Code 1 in the “A” Record. 67–78Payment Amount 2* 12The amount reported in this field represents payments for Amount Code 2 in the “A” Record. 79–90Payment Amount 3* 12The amount reported in this field represents payments for Amount Code 3 in the “A” Record. 91–102Payment Amount 4* 12The amount reported in this field represents payments for Amount Code 4 in the “A” Record. 103–114 Payment Amount 5* 12The amount reported in this field represents payments for Amount Code 5 in the “A” Record. 115–126 Payment Amount 6* 12The amount reported in this field represents payments for Amount Code 6 in the “A” Record. 127–138 Payment Amount 7* 12The amount reported in this field represents payments for Amount Code 7 in the “A” Record. 139–150 Payment Amount 8* 12The amount reported in this field represents payments for Amount Code 8 in the “A” Record. 151–162 Payment Amount 9* 12The amount reported in this field represents payments for Amount Code 9 in the “A” Record. 163–174 Payment Amount A* 12The amount reported in this field represents payments for Amount Code A in the “A” Record. 175–186 Payment Amount B* 12The amount reported in this field represents payments for Amount Code B in the “A” Record. 187–198 Payment Amount C* 12The amount reported in this field represents payments for Amount Code C in the “A” Record. 199–210 Payment Amount D* 12The amount reported in this field represents payments for Amount Code D in the “A” Record. 211–222 Payment Amount E* 12The amount reported in this field represents payments for Amount Code E in the “A” Record. 223–234 Payment Amount F* 12The amount reported in this field represents payments for Amount Code F in the “A” Record. September 12, 20112762011–37 I.R.B. Record Name: Payee “B” Record (Continued) Field Position Field Title Length Description and Remarks 235–246 Payment Amount G*12The amount reported in this field represents payments for Amount Code G in the “A” Record. *If there are discrepancies between the payment amount fields and the boxes on the paper forms, the instructions in this Revenue Procedure must be followed for electronic filing. 247Foreign Country Indicator 1 If the address of the payee is in a foreign country, enter a “1” (one) in this field; otherwise, enter blank. When filers use this in- dicator, they may use a free format for the payee city, state, and ZIP Code. Enter information in the following order: city, province or state, postal code, and the name of the country. Address information must not appear in the First or Second Payee Name Lines. 248–287 First Payee Name Line 40 Required.Enter the name of the payee (preferably surname first) whose Taxpayer Identification Number (TIN) was provided in posi- tions 12–20 of the Payee “B” Record. Left-justify information and fill unused positions with blanks. If more space is required for the name, use the Second Payee Name Line Field. If reporting information for a sole proprietor, the individual’s name must always be present on theFirstPayeeNameLine.Theuseofthebusinessnameisoptional in the Second Payee Name Line Field. End the First Payee Name Line with a full word. Extraneouswords, titles, and special charac- ters (i.e., Mr., Mrs., Dr., period, apostrophe) should be removed from the Payee Name Lines. A hyphen (-) and an ampersand (&) are the only acceptable special characters for First and Second Payee Name Lines. Note: If a filer is required to report payments made throughForeign Intermediaries and Foreign Flow-Through Entities on Form 1099, see the2011 General Instruction for Certain Information Returns. 288–327 Second Payee Name Line 40If there are multiple payees (e.g., partners, joint owners, or spouses), use this field for those names not associated with the TIN provided in positions 12–20 of the “B” Record, or if not enough space was provided in the First Payee Name Line, continue the name in this field.Do not enter address information.It is important that filers provide as much payee information toIRS/IRB as possible to identify the payee associated with the TIN. Left-justify information and fill unused positions with blanks.See the Note above under the First Payee Name Line. 328–367 Blank40Enter blanks. 368–407 Payee Mailing Address 40 Required.Enter the mailing address of the payee. The street address should include number, street, apartment or suite number, or PO Box if mail is not delivered to a street address. This field must not contain any data other than the payee’s mailing address. 408–447 Blank40Enter blanks. 448–487 Payee City40 Required.Enter the city, town or post office. Left-justify informa- tion and fill unused positions with blanks. Enter APO or FPO if ap- plicable. Do not enter state and ZIP Code information in this field. 488–489 Payee State2 Required.Enter the valid U.S. Postal Service state abbreviations for states or the appropriate postal identifier (AA, AE, or AP) described in Part A, Sec. 12. 2011–37 I.R.B.277September 12, 2011 Record Name: Payee “B” Record (Continued) Field Position Field Title Length Description and Remarks 490–498 Payee ZIP Code 9 Required.Enter the valid ZIP Code (nine or five-digit) assigned by the U.S. Postal Service. If only the first five-digits are known, left-justify and fill the unused positions with blanks. For foreign countries, alpha characters are acceptable as long as the filer has en- tered a “1” (one) in the Foreign Country Indicator, located in position 247 of the “B” Record. 499Blank1Enter blank. 500–507 Record Sequence Number 8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and the file can have only one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence,i.e.,2,3,4,etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the final record of the file, the “F” Record. 508–543 Blank36Enter blanks. Standard Payee “B” Record Format For All Types of Returns, Positions 1–543 Record Type Payment Year Corrected Return Indicator Name Control Type of TIN Payee’s TIN Payer’s Account Number For Payee 1 2–5 67–101112–2021–40 Payer’s Office Code BlankPayment Amount 1 Payment Amount 2 Payment Amount 3 Payment Amount 4 Payment Amount 5 41–44 45–5455–66 67–7879–9091–102103–114 Payment Amount 6 Payment Amount 7 Payment Amount 8 Payment Amount 9 Payment Amount A Payment Amount B 115–126 127–138 139–150151–162 163–174 175–186 Payment Amount C Payment Amount D Payment Amount E Payment Amount F Payment Amount G Foreign Country Indicator First Payee Name Line 187–198199–210211–222223–234 235–246 247248–287 September 12, 20112782011–37 I.R.B. Second Payee Name Line BlankPayee Mailing AddressBlankPayee City 288–327328–367368–407408–447448–487 Payee State Payee ZIP Code BlankRecord Sequence Number Blank 488–489490–498499 500–507508–543 The following sections define the field positions for the different types of returns in the Payee “B” Record (positions 544–750): (1) Form 1097-BTC (2) Form 1098 (3) Form 1098-C (4) Form 1098-E (5) Form 1098-T (6) Form 1099-A (7) Form 1099-B (8) Form 1099-C (9) Form 1099-CAP (10) Form 1099-DIV* (11) Form 1099-G* (12) Form 1099-H (13) Form 1099-INT* (14)Form 1099-K (15) Form 1099-LTC (16)Form 1099-MISC* (17) Form 1099-OID* (18) Form 1099-PATR* (19) Form 1099-Q (20) Form 1099-R* (21) Form 1099-S (22) Form 1099-SA (23) Form 3921 (24) Form 3922 (25) Form 5498* (26) Form 5498-ESA (27) Form 5498-SA (28) Form W-2G (29) Form 5498* (30) Form 5498-ESA (31) Form 5498-SA (32) Form 8935 (33) Form W-2G * These forms may be filed through the Combined Federal/State Filing Program. IRS/IRB will forward these records to participating states for filers who have been approved for theprogram. See Part A, Sec. 10, for information about the program, including specific codesfor the record layouts. (1) Payee “B” Record — Record LayoutPositions 544–750 for Form 1097-BTC Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 2011–37 I.R.B.279September 12, 2011 (1) Payee “B” Record — Record Layout Positions 544–750 for Form 1097-BTC (Continued) Field Position Field Title Length Description and Remarks 547 Issuer Indicator1 Required.Enter the appropriate indicator from the table below: Indicator Usage 1Issuer of bond or its agent filing initial2011Form 1097-BTC for credit being reported 2An entity that received a2011Form 1097-BTC for credit being reported 548–555 Blanks8Enter blanks. 556–563 Other Allowance Date8Enter other allowance date formatted as YYYYMMDD. Otherwise, enter blanks. 564–576 Other Allowance Identification Number 13Enter the unique identification number assigned to the bond. This can be an alpha/numeric identifier such as the CUSIP number. Right-justify information and fill unused positions with blanks. 577–589 March Allowance Identification Number 13Enter the unique identification number assigned to the bond. This can be an alpha/numeric identifier such as the CUSIP number. Right-justify information and fill unused positions with blanks. 590–602 June Allowance Identification Number 13Enter the unique identification number assigned to the bond. This can be an alpha/numeric identifier such as the CUSIP number. Right-justify informaion and fill unused positions with blanks. 603–615 September Allowance Identification Number 13Enter the unique identification number assigned to the bond. This can be an alpha/numeric identifier such as the CUSIP number. Right-justify information and fill unused positions with blanks. 616–628 December Allowance Identification Number 13Enter the unique identification number assigned to the bond. This can be an alpha/numeric identifier such as the CUSIP number. Right-justify information and fill unused positions with blanks. 629–662 Blank33Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record Layout Positions 544–750 for Form 1097-BTC BlankIssuer IndicatorBlankOther Allowance Date Other Allowance Identification Number March Allowance Identification Number 544–546547 548–555 556–563564–576577–589 June Allowance Identification Number September Allowance Identification Number December Allowance Identification Number BlankSpecial Data Entries BlankBlank or CR/LF 590–602603–615 616–628 629–662 663–722723–748 749–750 September 12, 20112802011–37 I.R.B. (2) Payee “B” Record — Record LayoutPositions 544–750 for Form 1098 Field Position Field Title Length Description and Remarks 544–662 Blank119Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record LayoutPositions 544–750 for Form 1098 BlankSpecial Data EntriesBlankBlank or CR/LF 544–662 663–722723–748 749–750 (3) Payee “B” Record — Record Layout Positions 544–750 for Form 1098-C Field Position Field Title Length Description and Remarks 544–545 Blank2Enter blanks. 546 Transaction Indicator1Enter “1” (one) if the amount reported in Payment Amount Field 4 is an arm’s length transaction to an unrelated party. Otherwise, enter a blank. 547 Transfer After Improvements Indicator 1Enter “1” (one) if the vehicle will not be transferred for money, other property, or services before completion of material improvements or significant intervening use. Otherwise, enter a blank. 548 Transfer Below Fair Market Value Indicator 1Enter “1” (one) if the vehicle is transferred to a needy individual for significantly below fair market value. Otherwise, enter a blank. 549–587 Make, Model, Year39Enter the make, model and year of the vehicle. Left-justify informa- tion and fill unused positions with blanks. 588–612 Vehicle or Other Identification Number 25 Enter the vehicle or other identification number of the donated vehi- cle. Left-justify information and fill unused positions with blanks. 613–651 Vehicle Description39Enter a description of material improvements or significant interven- ing use and duration of use. Left-justify information and fill unused positions with blanks. 652–659 Date of Contribution8Enter the date the contribution was made to an organization, in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105). Do not enter hyphens or slashes. 660Donee Indicator1Enter the appropriate indicator from the following table to report if the donee of the vehicle provides goods or services in exchange for the vehicle. Indicator Usage 1Donee provided goods or services 2Donee did not provide goods or services 2011–37 I.R.B.281September 12, 2011 (3) Payee “B” Record — Record Layout Positions 544–750 for Form 1098-C (Continued) Field Position Field Title Length Description and Remarks 661Intangible Religious Benefits Indicator 1Enter a “1” (one) if only intangible religious benefits were provided in exchange for the vehicle; otherwise, enter blanks. 662 Deduction $500 or Less Indicator 1Enter a “1” (one) if under the law the donor cannot claim a deduction of more than $500 for the vehicle; otherwise, enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723–730 Date of Sale8 Enter the date of sale, in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes. 731–746 Goods and Services16Enter a description of any goodsand services received for the vehi- cle; otherwise, enter blanks. Left-justify information and fill unused positions with blanks. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record Layout Positions 544–750 for Form 1098-C BlankTransaction Indicator Transfer After Improvements Indicator Transfer Below Fair Market Value Indicator Make, Model, Year Vehicle or Other Identification Number Vehicle Description 544–545546547548549–587588–612613–651 Date of Contribution Donee Indicator Intangible Religious Benefits Indicator Deduction $500 or Less Indicator Special Data Entries Date of Sale Goods and Services Blank 652–659 660661662663–722723–730731–746747–748 Blank or CR/LF 749–750 (4) Payee “B” Record — Record Layout Positions 544–750 for Form 1098-E Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Origination Fees/Capitalized Interest Indicator 1Enter “1” (one) if the amount reported in Payment Amount Field 1 does notinclude loan origination fees and/or capitalized interest. Otherwise, enter a blank. 548–662 Blank 115 Enter blanks. September 12, 20112822011–37 I.R.B. (4) Payee “B” Record — Record Layout Positions 544–750 for Form 1098-E (Continued) Field Position Field Title Length Description and Remarks 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record Layout Positions 544–750 for Form 1098-E BlankOrigination Fees/Capitalized Interest Indicator BlankSpecial Data Entries BlankBlank or CR/LF 544–546547548–662 663–722723–748 749–750 (5) Payee “B” Record — Record Layout Positions 544–750 for Form 1098-T Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Half-time Student Indicator1 Required.Enter “1” (one) if the student was at least a half-time student during any academic period that began in2011.Otherwise, enter a blank. 548 Graduate Student Indicator1 Required.Enter “1” (one) if the student is enrolled exclusively in a graduate level program. Otherwise, enter a blank. 549 Academic Period Indicator1Enter “1” (one)if the amount in Payment Amount Field 1 or Payment Amount Field 2 includes amounts for an academic period beginning January through March2011. Otherwise, enter a blank. 550 Method of Reporting 2010 Amounts Indicator 1 Required.Enter “1” (one) if the method of reporting has changed from the previous year. Otherwise, enter a blank. 551–662 Blank112Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record Layout Positions 544–750 for Form 1098-T BlankHalf-time Student Indicator Graduate Student Indicator Academic Period Indicator Method of Reporting 2010Amounts Indicator 544–546547548549550 2011–37 I.R.B.283September 12, 2011 BlankSpecial Data EntriesBlankBlank or CR/LF 551–662 663–722723–748 749–750 (6) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-A Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Personal Liability Indicator1Enter the appropriate indicator from the table below: IndicatorUsage 1Borrower was personally liable for repayment of the debt. BlankBorrower was not personally liable for repayment of the debt. 548–555 Date of Lender’s Acquisition or Knowledge of Abandonment 8Enter the acquisition date of thesecured property or the date the lender first knew or had reason to know the property was abandoned, in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes. 556–594 Description of Property39Enter a brief description of the property. For real property, enter the address, or, if the address does not sufficiently identify the property, enter the section, lot and block. For personal property, enter the type, make and model (e.g., Car-1999 Buick Regal or Office Equipment). Enter “CCC” for crops forfeited on Commodity Credit Corporation loans. If fewer than 39 positions are required, left-justify information and fill unused positions with blanks. 595–662 Blank68Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks, or carriage return/line feed (CR/LF) characters. Payee “B” Record – Record Layout Positions 544–750 for Form 1099-A BlankPersonal Liability Indicator Date of Lender’s Acquisition or Knowledge of Abandonment Description of PropertyBlank 544–546547548–555556–594595–662 Special Data EntriesBlankBlank or CR/LF 663–722723–748 749–750 September 12, 20112842011–37 I.R.B. (7) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-B Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545Non-covered Security Indicator1Enter a “1” (one) for a non-covered security; otherwise, enter a blank. 546 Type of Gain or Loss Indicator1Enter the appropriate indicator from the following table, to identify the amount reported in Amount Code 2; otherwise, enter a blank. Indicator Usage 1Shortterm 2Long term 547 Gross Proceeds Indicator1Enter the appropriateindicator from the following table, to identify the amount reported in Amount Code 2; otherwise, enter a blank. Indicator Usage 1Gross proceeds 2Gross proceeds less commissions and options premiums 548–555 Date of Sale or Exchange8For broker transactions, enter the trade date of the transaction. For barter exchanges, enter the date when cash, property, a credit, or scrip is actually or constructively received in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105). Enter blanks if this is an aggregate transaction.Do not enter hyphens or slashes. 556–568 CUSIP Number13For broker transactions only, enter the CUSIP (Committee on Uniform Security Identification Procedures)numberoftheitem reported for Amount Code 2 (stocks, bonds, etc.). Enter blanks if this is an aggregate transaction.Enter“0s”(zeros)ifthenumberis not available. Right-justify information and fill unused positions with blanks. 569–607 Description39For broker transactions, enter a brief description of the disposition item (e.g., 100 shares of XYZ Corp). For regulated futures and forward contracts, enter “RFC” or other appropriate description. For bartering transactions, show the services or property provided. If fewer than 39 characters are required, left-justify information and fill unused positions with blanks. 608–615 Date of Acquisition8Enter the date of acquisition in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105). Enter blanks if this is an aggregate transaction.Do not enter hyphens or slashes. 616–625 Blank10Enter blanks. 626Recipient Indicator1Enter a “1” (one) if recipient is unable to claim a loss on their tax return. Otherwise, enter a blank. 627–662 Blank36Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks.(See Note.) 2011–37 I.R.B.285September 12, 2011 (7) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-B (Continued) Field Position Field Title Length Description and Remarks 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries Field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Note: Report the Corporation’s Name, Address, City, State, and ZIP in the Special Data Entry field. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-B Second TIN Notice (Optional) Non-covered Security Indicator Type of Gain or Loss Indicator Gross Proceeds Indicator Date of Sale or Exchange CUSIP Number DescriptionDate of Acquisition 544 545 546547548–555556–568569–607608–615 BlankRecipient Indicator BlankSpecial Data Entries State Income Tax Withheld Local Income Tax Withheld BlankBlank or CR/LF 616–625 626627–662663–722723–734 735–746 747–748 749–750 (8) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-C Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Bankruptcy Indicator1Enter “1” (one) to indicate the debt was discharged in bankruptcy, if known. Otherwise, enter a blank. 548–555 Date Canceled8Enter the date the debt was canceled in the format of YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes. 556–594 Debt Description39Enter a description of the origin of the debt, such as student loan, mortgage, or credit card expenditure. If a combined Form 1099-C and 1099-A is being filed, also enter a description of the property. 595 Personal Liability Indicator1Enter “1” (one) if the borrower is personally liable for repayment or leave blank if not personally liable for repayment. 596–662 Blank67Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. September 12, 20112862011–37 I.R.B. (8) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-C (Continued) Field Position Field Title Length Description and Remarks 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-C BlankBankruptcy Indicator Date CanceledDebt Description Personal Liability Indicator Blank 544–546547548–555556–594595596–662 Special Data EntriesBlankBlank or CR/LF 663–722723–748 749–750 (9) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-CAP Field Position Field Title Length Description and Remarks 544–547 Blank4Enter blanks. 548–555 Date of Sale or Exchange8Enter the date the stock was exchanged for cash, stock in the successor corporation, or otherproperty received in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes. 556–607 Blank 52 Enter blanks. 608–615 Number of Shares Exchanged8Enter the numberof shares of the corporation’s stock which were exchanged in the transaction. Report whole numbers only. Right-justify information and fill unused positions with zeros. 616–625 Classes of Stock Exchanged10Enter the class ofstock that was exchanged. Left- justify the information and fill unused positions with blanks. 626–662 Blank37Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-CAP BlankDate of Sale or Exchange BlankNumber of Shares Exchanged Classes of Stock Exchanged 544–547548–555556–607608–615616–625 2011–37 I.R.B.287September 12, 2011 BlankSpecial Data EntriesBlankBlank or CR/LF 626–662663–722723–748 749–750 (10) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-DIV Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545–546 Blank2Enter blanks. 547–586 Foreign Country or U.S. Possession 40Enter the name of the foreign country or U.S. possession to which the withheld foreign tax (Amount Code C) applies. Otherwise, enter blanks. 587–662 Blank76Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries Field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-DIV Second TIN Notice (Optional) BlankForeign Country or U.S. Possession BlankSpecial Data Entries 544545–546547–586587–662 663–722 State Income Tax WithheldLocal Income Tax Withheld Combined Federal/State CodeBlank or CR/LF 723–734 735–746 747–748 749–750 September 12, 20112882011–37 I.R.B. (11) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-G Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Trade or Business Indicator1Enter “1” (one) toindicate the state or local income tax refund, credit, or offset (Amount Code 2) is attributable to income tax that applies exclusively to income from a trade or business. Indicator Usage 1Income tax refund applies exclusively to a trade or business. BlankIncome tax refundis a general tax refund. 548–551 Tax Year of Refund4Enter the tax year for which the refund, credit, or offset (Amount Code 2) was issued.The tax year must reflect the tax year for which the refund was made, not the tax year of Form 1099-G. The tax year must be in the four-position format of YYYY (e.g., 2010).The valid range of years for the refund is2001 through 2010. Note: This data is not considered prior year data since it is required to be reported in the current tax year. Do NOT enter “P” in field position 6 of theTransmitter “T” Record. 552–662 Blank111Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. You may enter your routing and transit number (RTN) here. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries Field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-G BlankTrade or Business Indicator Tax Year of RefundBlankSpecial Data Entries State Income Tax Withheld 544–546547548–551552–662 663–722723–734 2011–37 I.R.B.289September 12, 2011 Local Income Tax WithheldCombined Federal/State CodeBlank or CR/LF 735–746 747–748 749–750 (12) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-H Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547–548 Number of Months Eligible2 Required.Enter the total number of months the recipient is eligible for health insurance advance payments. Right-justify information and fill unused positions with blanks. 549–662 Blank114Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-H BlankNumber of Months Eligible BlankSpecial Data Entries BlankBlank or CR/LF 544–546547–548549–662 663–722723–748 749–750 (13) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-INT Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545–546 Blank2Enter blanks. 547–586 Foreign Country or U.S. Possession 40Enter the name of the foreign country or U.S. possession to which the withheld foreign tax (Amount Code 6) applies. Otherwise, enter blanks. 587–599 CUSIP Number13Enter CUSIP Number. If the tax-exempt interest is reported in the aggregate for multiple bonds or accounts, enter: VARIOUS. Right-justify information and fill unused positions with blanks. 600–662 Blank63Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. You may enter your routing and transit number (RTN) here. If this field is not utilized, enter blanks. September 12, 20112902011–37 I.R.B. (13) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-INT (Continued) Field Position Field Title Length Description and Remarks 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec.10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-INT Second TIN Notice (Optional) BlankForeign Country or U.S. Possession CUSIP NumberBlankSpecial Data Entries 544545–546547–586587- 599 600–662663–722 State Income Tax WithheldLocal Income Tax Withheld Combined Federal/State CodeBlank or CR/LF 723–734 735–746 747–748 749–750 (14) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-K Field Position Field TitleLength Description and Remarks 544–546 Blank3Enter blanks. 547Type of Filer Indicator1 Required.Enter the appropriate indicator from the following table; otherwise, enter blanks. Indicator Usage 1Payment Settlement Entity (PSE) 2Electronic Payment Facilitator (EPF) 3Third Party Payer (TPP) 548–564 Blank17Enter blanks. 565–604 Payment Settlement Entity’s Name 40Enter the payment settlement entity’s name if different from the filers name; otherwise, enter blanks. Left-justify information, and fill unused positions with blanks. 2011–37 I.R.B.291September 12, 2011 (14) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-K (Continued) Field Position Field TitleLength Description and Remarks 605–608 Merchant Category Code(MCC) 4 Required.Enter the Merchant Category Code(MCC) Right-justify and zero fill. Each MCC must be filled with four numeric characters. Codes can be found in Rev. Proc. 2004–43. If no code is provided, zero fill. 609–748 Blank140Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-K BlankType of Filer Indicator BlankPayment Settlement Entity’s Name Merchant Category Code BlankBlank or CR/LF 544–546 547 548–564565–604605–608609–748 749–750 (15) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-LTC Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Type of Payment Indicator1Enter the appropriateindicator from the following table; otherwise, enter blanks. Indicator Usage 1Per diem 2Reimbursed amount 548–556 Social Security Number of Insured 9 Required.Enter the Social Security Number of the insured. 557–596 Name of Insured40 Required.Enter the name of the insured. 597–636 Address of Insured40 Required.Enter the address of the insured. The street address should include number, street, apartment or suite number (or PO Box if mail is not delivered to street address). Left-justify information and fill unused positions with blanks. This fieldmust notcontain any data other than the payee’s address. ForU.S.addresses, the payee city, state, and ZIP Code must be reported as a 40, 2, and 9-position field, respectively.Filers must adhere to the correct format for the insured’s city, state, and ZIP Code. For foreign addresses, filers may use the insured’s city, state, and ZIP Codeas a continuous 51-positionfield. Enter information inthefollowingorder:city,provinceorstate,postalcode,and the name of the country. When reporting a foreign address, the Foreign Country Indicator in position 247 must contain a “1” (one). 637–676 City of Insured40 Required.Enter the city, town, or post office. Left-justify and fill unused positions with blanks. Enter APO or FPO, if applicable. Do not enter state and ZIP Code information in this field. 677–678 State of Insured2 Required.Enter the valid U.S. Postal Service state abbreviations for states or the appropriate postal identifier (AA, AE, or AP) described in Part A, Sec. 12. September 12, 20112922011–37 I.R.B. (15) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-LTC (Continued) Field Position Field Title Length Description and Remarks 679–687 ZIP Code of Insured9 Required.Enter the valid nine-digit ZIP Code assigned by the U.S. Postal Service. If only the first five-digits are known, left-justify information and fill the unused positions with blanks. For foreign countries, alpha characters areacceptable as long as the filer has entered a “1” (one) in the Foreign Country Indicator, located in position 247 of the “B” Record. 688Status of Illness Indicator (Optional) 1Enter the appropriate code from the table below to indicate the status of the illness of the insured; otherwise, enter blank. Indicator Usage 1Chronically ill 2Terminally ill 689–696 Date Certified (Optional)8Enter the latest date of a doctor’scertification of the status of the insured’s illness. The format of the date is YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes. 697Qualified Contract Indicator (Optional) 1Enter a “1” (one) if benefits werefrom a qualified long-term care insurance contract; otherwise, enter a blank. 698–722 Blank 25 Enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. Right-justify information and fill unused positions with zeros. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified information and fill unused positions with zeros. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-LTC BlankType of Payment Indicator SSN of Insured Name of Insured Address of Insured City of Insured State of Insured ZIP Code of Insured 544–546547548–556557–596597–636 637–676677–678679–687 Status of Illness Indicator (Optional) Date Certified (Optional) Qualified Contract Indicator (Optional) BlankState Income Tax Withheld Local Income Tax Withheld BlankBlank or CR/LF 688689–696697698–722723–734 735–746 747–748 749–750 2011–37 I.R.B.293September 12, 2011 (16) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-MISC Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545–546 Blank2Enter blanks. 547Direct Sales Indicator(See Note.) 1 Enter a “1” (one) to indicate sales of $5,000 or more of consumer products to a person on a buy-sell, deposit-commission, or any other commission basis for resale anywhere other than in a permanent retail establishment. Otherwise, enter a blank. Note: If reporting a direct sales indicatoronly, use Type of Return “A” in Field Positions 26- 27, and Amount Code 1 in Field Position 28 of the Payer “A” Record. All payment amount fields in the Payee “B” Record will contain zeros. 548–662 Blank 115 Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not used, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-MISC Second TIN Notice (Optional) BlankDirect Sales Indicator BlankSpecial Data Entries State Income Tax Withheld Local Income Tax Withheld 544545–546547548–662 663–722723–734 735–746 Combined Federal/State CodeBlank or CR/LF 747–748 749–750 September 12, 20112942011–37 I.R.B. (17) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-OID Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545–546 Blank2Enter blanks. 547–585 Description39 Required.Enter the CUSIP number, if any. If there is no CUSIP number, enter the abbreviation for the stock exchange and issuer, the coupon rate, and year (must be 4-digit year)ofmaturity(e.g., NYSE XYZ 12/2011). Show the name of the issuer if other than the payer. If fewer than 39 characters are required, left-justify information and fill unused positions with blanks. 586–662 Blank77Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table l. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-OID Second TIN Notice (Optional) BlankDescriptionBlankSpecial Data Entries State Income Tax Withheld 544545–546547–585586–662 663–722723–734 Local Income Tax WithheldCombined Federal/State CodeBlank or CR/LF 735–746 747–748 749–750 2011–37 I.R.B.295September 12, 2011 (18) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-PATR Field Position Field Title Length Description and Remarks 544 Second TIN Notice (Optional)1Enter “2” (two) to indicate notification by IRS twice within three calendar years that the payee provided an incorrect name and/or TIN combination; otherwise, enter a blank. 545–662 Blank118Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Combined Federal/ State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 For Form 1099-PATR Second TIN Notice (Optional) BlankSpecial Data Entries State Income Tax Withheld Local Income Tax Withheld Combined Federal/State Code Blank or CR/LF 544545–662 663–722723–734 735–746 747–748 749–750 (19) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-Q Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Trustee to Trustee Transfer Indicator 1 Required.Enter a “1” (one) if reporting atrustee to trustee transfer; otherwise, enter a blank. 548 Type of Tuition Payment1 Required.Enter the appropriate code from the table below to indicate the type of tuition payment; otherwise, leave blank. Indicator Usage 1Private program payment 2State program payment 3Coverdell ESA contribution September 12, 20112962011–37 I.R.B. (19) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-Q (Continued) Field Position Field Title Length Description and Remarks 549 Designated Beneficiary1 Required.Enter a “1” (one) if the recipient is not the designated beneficiary; otherwise, enter a blank. 550–662 Blank113Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-Q BlankTrustee to Trustee Transfer Indicator Type of Tuition Payment Designated Beneficiary BlankSpecial Data Entries BlankBlank or CR/LF 544–546547548549550–662 663–722723–748 749–750 (20) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-R Field Position Field Title Length Description and Remarks 544 Blank1Enter blank. 545–546 Distribution Code (For a detailed explanation of distribution codes, see the2011 Instructions for Forms 1099-R and 5498.) Seethechartattheendofthis record layout for a diagram of valid combinations of Distribution Codes. 2 Required.Enter at least one distribution code from the table below. More than one code may apply. If only one code is necessary, it must be entered in position 545 and position 546 will be blank. When using Code P for an IRA distribution under section 408(d)(4) of the Internal Revenue Code, the filer may also enter Code 1, 2, 4, B or J if applicable. Only three numeric combinations are acceptable, Codes 8 and 1, 8 and 2, and 8 and 4, on one return. These three combinations can be used only if both codes apply to the distribution being reported. If more than one numeric code is applicable to different parts of a distribution, report two separate “B” Records. Distribution Codes 3, 5, 9, E, F, N, Q, R, S and T cannot be used with any other codes. Distribution Code G may be used with Distribution Code 4 only if applicable. CodeCategory 1*Early distribution, no known exception (in most cases, under age 59½) 2*Early distribution, exception applies (under age 59½) 3*Disability 4*Death 5 *Prohibited transaction 2011–37 I.R.B.297September 12, 2011 (20) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks CodeCategory 6 Section 1035 exchange (a tax-free exchange of life insurance, annuity, qualified long-term care insurance, or endowment contracts) 7*Normal distribution 8*Excess contributions plus earnings/excess deferrals (and/or earnings) taxable in2011 9Cost of current life insurance protection (premiums paid by a trustee or custodian for current insurance protection) AMay be eligible for 10-year tax option BDesignated Roth account distribution EDistribution under Employee Plans Compliance Resolution System (EPCRS) FCharitable gift annuity GDirect rollover and rollover contribution HDirect rollover of distribution from a designated Roth account to a Roth IRA JEarly distribution from a Roth IRA. (This code may be used with Code 8 or P.) LLoans treated as deemed distributions under section 72(p) NRecharacterized IRA contribution made for2011 P*Excess contributions plus earnings/excess deferrals taxable in2010 QQualified distribution from a Roth IRA. (Distribution from a Roth IRA when the 5- year holding period has been met, and the recipient has reached 59½, has died, or is disabled.) RRecharacterized IRA contribution made for2010 (See Note.) S*EarlydistributionfromaSIMPLEIRAinfirst2 years, no known exception TRoth IRA distribution, exception applies because participant has reached 59½, died or is disabled, but it is unknown if the 5-year period has been met. UDistribution from ESOP under Section 404(k). WCharges or payments for purchasing qualified long-term care insurance contracts under combined arrangements. *If reporting a traditional IRA, SEP, or SIMPLE distribution or a Roth conversion, use the IRA/SEP/SIMPLE Indicator of “1” (one) in position 548 of the Payee “B” Record. Note: The trustee of the first IRA must report the recharacterization as a distribution on Form 1099-R (and the original contribution and its character on Form 5498). September 12, 20112982011–37 I.R.B. (20) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks 547 Taxable Amount Not Determined Indicator 1Enter “1” (one) only if the taxable amount of the payment entered for Payment Amount Field 1 (Gross distribution) of the “B” Record cannot be computed; otherwise, enter a blank. (If the Taxable Amount Not Determined Indicator is used, enter “0s” [zeros] in Payment Amount Field 2 of the Payee “B” Record.) Please make every effort to compute the taxable amount. 548 IRA/SEP/SIMPLE Indicator1Enter “1” (one) for a traditional IRA, SEP, or SIMPLE distribution or Roth conversion; otherwise, enter a blank.(See Note.)If the IRA/SEP/SIMPLE Indicator is used, enter the amount of the Roth conversion or distribution in Payment Amount Field A of the Payee “B” Record.Do not use the indicator for a distribution from a Roth or for an IRA recharacterization. Note: For Form 1099-R, generally, report the Roth conversion or total amount distributed from a traditional IRA, SEP, or SIMPLE in Payment Amount Field A (traditional IRA/SEP/SIMPLE distribution or Roth conversion), as well as Payment Amount Field 1 (Gross Distribution) of the “B” Record. Refer to the2011 Instructions for Forms 1099-R and 5498forexceptions(Box2ainstructions). 549Total Distribution Indicator(See Note.) 1Enter a “1” (one) only if the payment shown for Distribution Amount Code 1 is a total distribution that closed out the account; otherwise, enter a blank. Note: A total distribution is one or more distributions within one tax year in which the entire balance of the account is distributed. Any distribution that does not meet this definition is not a total distribution. 550–551 Percentage of Total Distribution2Use this field when reporting a total distribution to more than one person, such as when a participant is deceased and a payer distributes to two or more beneficiaries. Therefore, if the percentage is 100, leave this field blank. If the percentage is a fraction, round off to the nearest whole number (for example, 10.4 percent will be 10 percent; 10.5 percent will be 11 percent). Enter the percentage received by the person whose TIN is included in positions 12–20 of the “B” Record. This field must be right-justified, and unused positions must be zero-filled. If not applicable, enter blanks. Filers are not required to enter this information for any IRA distribution or for direct rollovers. 552–555 First Year of Designated Roth Contribution 4Enter the first year a designated Roth contribution was made in YYYY format. If the date is unavailable, enter blanks. 556–662 Blank107Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Local income tax withheld is for the convenience of filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 2011–37 I.R.B.299September 12, 2011 (20) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-R BlankDistribution Code Taxable Amount Not Determined Indicator IRA/SEP/ SIMPLE Indicator Total Distribution Indicator Percentage of Total Distribution 544545–546547548549550–551 September 12, 20113002011–37 I.R.B. First Year of Designated Roth Contribution BlankSpecial Data Entries State Income Tax Withheld Local Income Tax Withheld Combined Federal/State Code Blank or CR/LF 552–555556–662 663–722723–734 735–746 747–748 749–750 (21) Payee “B” Record — Record Layout Positions 544–750 for Form 1099-S Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Property or Services Indicator1 Required.Enter “1” (one) if the transferor received or will receive property (other than cash and consideration treated as cash in computing gross proceeds) or services as part of the consideration for the property transferred. Otherwise, enter a blank. 548–555 Date of Closing8 Required.Enter the closing date in the format YYYYMMDD (e.g., January 5, 2011 would be 20110105).Do not enter hyphens or slashes. 556–594 Address or Legal Description39 Required.Enter the address of the property transferred (including city, state, and ZIP Code). If the address does not sufficiently identify the property, also enter alegal description, such as section, lot, and block. For timber royalties, enter “TIMBER.” If fewer than 39 positions are required, left-justify information and fill unused positions with blanks. 595–662 Blank68Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 1099-S BlankProperty or Services Indicator Date of ClosingAddress or Legal Description BlankSpecial Data Entries 544–546547548–555556–594595–662 663–722 2011–37 I.R.B.301September 12, 2011 State Income Tax WithheldLocal Income Tax WithheldBlankBlank or CR/LF 723–734 735–746 747–748 749–750 (22) Payee “B” — Record Layout Positions 544–750 for Form 1099-SA Field Position Field Title Length Description and Remarks 544 Blank1Enter blank. 545 Distribution Code1 Required.Enter the applicable code from the table below to indicate the type of payment. CodeCategory 1Normal distribution 2Excess contribution 3Disability 4Death distribution otherthan code 6 (This includes distributions to a spouse, nonspouse, or estate beneficiary in the year of death and to an estate after the year of death.) 5 Prohibited transaction 6 Death distributionafter the year of deathto a nonspouse beneficiary. (Do not use for a distribution to an estate.) 546 Blank1Enter a blank. 547 Medicare Advantage MSA Indicator 1Enter “1” (one) if distributions are from a Medicare Advantage MSA. Otherwise, enter a blank. 548 HSA Indicator1Enter “1” (one) if distributions are from a HSA.Otherwise, enter a blank. 549 Archer MSA Indicator1Enter “1” (one) if distributions are from an Archer MSA. Otherwise, enter a blank. 550–662 Blank113Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting statetax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Localincome tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. September 12, 20113022011–37 I.R.B. Payee “B” Record - Record Layout Positions 544 -750 for Form 1099-SA BlankDistribution Code BlankMedicare Advantage MSA Indicator HSA Indicator Archer MSA Indicator BlankSpecial Data Entries 544545546547548549550–662 663–722 State Income Tax WithheldLocal Income Tax WithheldBlankBlank or CR/LF 723–734 735–746 747–748 749–750 (23) Payee “B” Record — Record Layout Positions 544–750 for Form 3921 Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547–554 Date Option Granted8Enter the date the option was granted as YYYYMMDD (e.g. January 5, 2011, would be 20110105). Otherwise, enter blanks. 555–562 Date Option Exercised8Enter the date the option was exercised as YYYYMMDD (e.g. January 5, 2011, would be 20110105). Otherwise, enter blanks. 563–570 Number of Shares Transferred8Enter the number of shares transferred. Report whole numbers only, using standard rounding rules as necessary. Right-justify information and fill unused positions with zeros. Otherwise, enter blanks. 571–574 Blank4Enter blanks. 575–614 If Other Than Transferor Information 40Enter other than transferor information, left-justify and fill unused positions with blanks. Otherwise, enter blanks. 615–662 Blank48Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 3921 BlankDate Option Granted Date Option ExercisedNumber of Shares Transferred Blank 544–546547–554555–562563–570571–574 If Other Than Transferor Information BlankSpecial Data EntriesBlankBlank or CR/LF 575–614615–662 663–722723–748 749–750 2011–37 I.R.B.303September 12, 2011 (24) Payee “B” Record — Record Layout Positions 544–750 for Form 3922 Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547–554 Date Option Granted to Transferor 8Enter the date the option was granted to the transferor as YYYYMMDD (e.g.January 5, 2011 as 20110105). Otherwise, enter blanks. 555–562 Date Option Exercised by Transferor 8Enter the date the option was exercised by the transferor as YYYYMMDD (e.g.January 5, 2011, as 20110105). Otherwise, enter blanks. 563–570 Number of Shares Transferred8Enter the number of shares transferred. Report whole numbers only, using standard rounding rules as necessary. Right-justify information and fill unused positions with blanks. Otherwise, enter blanks. 571–578 Date Legal Title Transferred by Transferor 8Enter the date the legal title was transferred by the transferor as YYYYMMDD (e.g.January 5, 2011 as 20110105). Otherwise, enter blanks. 579–662 Blank84Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 3922 BlankDate Option Granted to Transferor Date Option Exercised by Transferor Number of Shares Transferred Date Legal Title Transferred by Transferor 544–546547–554555–562563–570571–578 BlankSpecial Data Entry FieldsBlankBlank or CR/LF 579–662 663–722723–748 749–750 (25) Payee “B” Record — Record Layout Positions 544–750 for Form 5498 Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547IRAIndicator (Individual RetirementAccount) 1 Required, if applicable.Enter “1” (one) if reporting a rollover (Amount Code 2) or Fair Market Value (Amount Code 5) for an IRA. Otherwise, enter a blank. 548SEPIndicator (Simplified EmployeePension) 1 Required, if applicable.Enter “1” (one) if reporting a rollover (Amount Code 2) or Fair Market Value (Amount Code 5) for a SEP. Otherwise, enter a blank. September 12, 20113042011–37 I.R.B. (25) Payee “B” Record — Record Layout Positions 544–750 for Form 5498 (Continued) Field Position Field Title Length Description and Remarks 549SIMPLEIndicator (Savings IncentiveMatchPlan for Employees) 1 Required, if applicable.Enter “1” (one) if reporting a rollover (AmountCode2)orFairMarketValue(AmountCode5)fora SIMPLE. Otherwise, enter a blank. 550Roth IRAIndicator 1 Required, if applicable.Enter “1” (one) if reporting a rollover (Amount Code 2) or Fair Market Value (Amount Code 5) for a Roth IRA. Otherwise, enter a blank. 551 RMD Indicator1 Required.Enter “1” (one) if reporting RMD for 2012. Otherwise, enter a blank. 552–555 Year of Postponed Contribution4Enter the year in YYYY format. Otherwise, enter blanks. 556–557 Postponed Contribution Code2 Required.Enter the two-digit alpha Postponed Contribution Code from the table below. Otherwise, enter blanks. CodeCategory AFAllied Force JEJoint Endeavor EFEnduring Freedom IFIraqi Freedom FDFederally Designated Disaster Area 558–559 Repayment Code2 Required.Enter the two character alpha Repayment Code. Otherwise, enter blanks. CodeCategory QRQualified Reservist Distribution DDFederally Designated Disaster Distribution 560–561 Blank2Enter blanks. 562–569 RMD Date8Enter the date by which the RMD amount must be distributed to avoid the 50% excise tax. Format the date as YYYYMMDD (e.g. January 5, 2012 as 20120105). Otherwise, enter blanks. 570–662 Blank93Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–746 Blank24Enter blanks. 747–748 Combined Federal/State Code2If this payee record is to be forwarded to a state agency as part of the Combined Federal/State Filing Program, enter the valid state code from Part A, Sec. 10, Table 1. For those payers or states not participating in this program, enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. 2011–37 I.R.B.305September 12, 2011 Payee “B” Record - Record Layout Positions 544–750 for Form 5498 BlankIRA IndicatorSEP IndicatorSIMPLE Indicator Roth IRA Indicator RMD Indicator 544–546547548549550551 Year of Postponed Contribution Postponed Contribution Code Repayment CodeBlankRMD Date 552–555556–557558–559560–561562–569 BlankSpecial Data EntriesBlankCombined Federal/State Code Blank or CR/LF 570–662 663–722723–746747–748 749–750 (26) Payee “B” Record — Record Layout Positions 544–750 for Form 5498-ESA Field Position Field Title Length Description and Remarks 544–662 Blank119Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 5498-ESA BlankSpecial Data EntriesBlankBlank or CR/LF 544–662 663–722723–748 749–750 (27) Payee “B” Record — Record Layout Positions 544–750 for Form 5498-SA Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Medicare Advantage MSA Indicator 1Enter “1” (one) for a Medicare Advantage MSA. Otherwise, enter ablank. 548 HSA Indicator1Enter “1” (one) for an HSA. Otherwise, enter a blank. 549 Archer MSA Indicator1Enter “1” (one) foran Archer MSA. Otherwise, enter a blank. 550–662 Blank113Enter blanks. September 12, 20113062011–37 I.R.B. (27) Payee “B” Record — Record Layout Positions 544–750 for Form 5498-SA (Continued) Field Position Field Title Length Description and Remarks 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544–750 for Form 5498-SA BlankMedicare Advantage MSA Indicator HSA Indicator Archer MSA Indicator BlankSpecial Data Entries BlankBlank or CR/LF 544–546547548549550–662 663–722723–748 749–750 (28) Payee “B” Record — Record Layout Positions 544–750 for Form 8935 Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547–550 Year of First Payment4Enter the year of the first payment as YYYY. Otherwise, enter blanks. 551–554 Year of Second Payment4Enter the year of the second payment as YYYY. Otherwise, enter blanks. 555–558 Year of Third Payment4Enter the year of the third payment as YYYY. Otherwise, enter blanks. 559–562 Year of Fourth Payment4Enter the year of the fourth payment as YYYY. Otherwise, enter blanks. 563–566 Year of Fifth Payment4Enter the year of the fifth payment as YYYY. Otherwise, enter blanks. 567–662 Blank96Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–748 Blank26Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. 2011–37 I.R.B.307September 12, 2011 Payee “B” Record - Record Layout Positions 544–750 for Form 8935 BlankYear of First PaymentYear of Second Payment Year of Third Payment Year of Fourth Payment 544–546547–550551–554555–558559–562 Year of Fifth PaymentBlankSpecial Data EntriesBlankBlank or CR/LF 563–566567–662 663–722723–748 749–750 (29) Payee “B” Record — Record Layout Positions 544–750 for Form W-2G Field Position Field Title Length Description and Remarks 544–546 Blank3Enter blanks. 547 Type of Wager Code1 Required.Enter the applicable type of wager code from the table below. CodeCategory 1Horse race track (or off-track betting of a horse track nature) 2Dog race track (or off-track betting of a dog track nature) 3Jai-alai 4State-conducted lottery 5 Keno 6Bingo 7Slot machines 8Poker Winnings 9Any other type of gambling winnings 548–555 Date Won8 Required.Enter the date of the winning transaction in the format YYYYMMDD (e.g., January 5, 2011, would be 20110105).Do not enter hyphens or slashes.This is not the date the money was paid, if paid after the date of the race (or game). 556–570 Transaction 15Required.For state-conducted lotteries, enter the ticket or other identifying number. For keno, bingo, and slot machines, enter the ticket or card number (and color, if applicable), machine serial number, or any other information that will help identify the winning transaction. For all others, enter blanks. 571–575 Race 5 If applicable, enter the race (or game) relating to the winning ticket; otherwise, enter blanks. 576–580 Cashier 5 If applicable, enter the initials or number of the cashier making the winning payment; otherwise, enter blanks. 581–585 Window 5 If applicable, enter the window number or location of the person paying the winning payment; otherwise, enter blanks. 586–600 First ID 15 For other than state lotteries, enter the first identification number of the person receiving the winning payment; otherwise, enter blanks. September 12, 20113082011–37 I.R.B. (29) Payee “B” Record — Record Layout Positions 544–750 for Form W-2G (Continued) Field Position Field Title Length Description and Remarks 601–615 Second ID 15 For other than state lotteries, enter the second identification number of the person receiving the winnings; otherwise, enter blanks. 616–662 Blank47Enter blanks. 663–722 Special Data Entries60This portion of the “B” Record may be used to record information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723–734 State Income Tax Withheld12State income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries field. 735–746 Local Income Tax Withheld12Local income tax withheld is for the convenience of the filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747–748 Blank2Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record — Record Layout Positions 544–750 for Form W-2G BlankType of Wager Code Date WonTransactionRaceCashierWindowFirst ID 544–546547548–555556–570571–575576–580581–585586–600 Second IDBlankSpecial Data Entries State Income Tax Withheld Local Income Tax Withheld BlankBlank or CR/LF 601–615 616–662663–722723–734 735–746 747–748 749–750 Sec. 8. End of Payer “C” Record — General Field Descriptions and Record Layout .01The “C” Record consists of the total number of payees and the totals of the payment amount fields filed for each payer and/or particular type of return. The “C” Record must follow thelast “B” Record for each type of return for each payer. .02For each “A” Record and group of “B” Records on the file, there must be a corresponding “C” Record. .03The End of Payer “C” Record is a fixed length of 750 positions. The control fields are each eighteen positions in length. Record Name: End of Payer “C” Record Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter “C.” 2–9Number of Payees8 Required.Enter the total number of “B” Records covered by the preceding “A” Record. Right-justify information and fill unused positions with zeros. 2011–37 I.R.B.309September 12, 2011 Record Name: End of Payer “C” Record (Continued) Field Position Field Title Length Description and Remarks 10–15 Blank6Enter blanks. 16–33Control Total 118 34–51 Control Total 218 52–69 Control Total 318 70–87Control Total 418 88–105Control Total 5 18 106–123 Control Total 618 124–141 Control Total 718 142–159 Control Total 818 160–177 Control Total 918 178–195 Control Total A18 196–213 Control Total B18 214–231 Control Total C18 232–249 Control Total D18 250–267 Control Total E18 268–285 Control Total F18 286–303 Control Total G18 Required.Accumulate totals of any payment amount fields in the “B” Records into the appropriate control total fields of the “C” Record.Control totals must be right-justified and unused control total fields zero-filled.All control total fields are eighteen positions in length. Each payment amount must contain U.S. dollars and cents. The right-most two positions represent cents in the payment amount fields.Do not enter dollar signs,commas, decimal points, or negative payments, except those items that reflect a loss on Form 1099-B or 1099-Q.Positive and negative amounts are indicated by placing a “+” (plus) or“-” (minus) signin the left-most position of the payment amount field. 304–499 Blank196Enter blanks. 500–507 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and the file can have only one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence,i.e.,2,3,4,etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the final record ofthe file, the “F” Record. 508–748 Blank241Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. End of Payer “C” Record — Record Layout Record Type Number of Payees BlankControl Total 1 Control Total 2 Control Total 3 Control Total 4 Control Total 5 Control Total 6 12–9 10–15 16–33 34–5152–69 70–87 88–105 106–123 September 12, 20113102011–37 I.R.B. Control Total 7 Control Total 8 Control Total 9 Control Total A Control Total B Control Total C Control Total D Control Total E Control Total F 124–141 142–159 160–177 178–195 196–213214–231232–249 250–267268–285 Control Total G BlankRecord Sequence Number BlankBlank or CR/LF 286–303304–499 500–507508–748749–750 Sec. 9. State Totals “K” Record — GeneralField Descriptions and Record Layout .01The State Totals “K” Record is a summary for a given payer and agiven state in the Combined Federal/State Filing Program, used only when state-reporting approval has been granted. .02The “K” Record will contain the total number of payees and thetotal of the payment amount fields filed by a given payer for a given state. The “K” Record(s) must be written after the “C” Record for the related “A”Record. A file format diagram is located at the beginning of Part C. .03The “K” Record is a fixed length of 750 positions. The control total fields are each eighteen positions in length. .04In developing the “K” Record, for example, if a payer usedAmount Codes 1, 3, and 6 in the “A” Record, the totals from the “B” Records coded for this statewould appear in Control Totals 1, 3, and 6 of the “K” Record. .05There must be a separate “K” Record foreach statebeing reported. .06Refer to Part A, Sec. 10, for the requirements and conditions thatmustbe met to file via this program. Record Name: State Totals “K” Record — RecordLayout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter “K.” 2–9Number of Payees8 Required.Enter the total number of “B” Records being coded for this state. Right-justify information and fill unused positions with zeros. 10–15 Blank6Enter blanks. 16–33Control Total 118 34–51 Control Total 218 52–69 Control Total 318 70–87Control Total 418 88–105Control Total 5 18 106–123 Control Total 618 124–141 Control Total 718 142–159 Control Total 818 160–177 Control Total 918 178–195 Control Total A18 196–213 Control Total B18 214–231 Control Total C18 232–249 Control Total D18 Required.Accumulate totals of any payment amount fields in the “B” Records for each state being reported into the appropriate control total fields of the appropriate “K” Record. Each payment amount must contain U.S. dollarsand cents. The right-most two positions represent cents in the payment amount fields.Control totals must be right-justified and unused control total fields zero-filled.All control total fields are eighteen positions in length. 2011–37 I.R.B.311September 12, 2011 Record Name: State Totals “K” Record — RecordLayout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 (Continued) Field Position Field Title Length Description and Remarks 250–267 Control Total E18 268–285 Control Total F18 286–303 Control Total G18 304–499 Blank196Enter blanks. 500–507 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and the file can have only one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence,i.e.,2,3,4,etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the final record ofthe file, the “F” Record. 508–706 Blank199Enter blanks. 707–724 State Income Tax Withheld Total 18State income tax withheld total is for the convenience of filers. Aggregate totals of thestate income tax withheld field in the Payee “B” Records; otherwise, enter blanks. 725–742 Local Income Tax Withheld Total 18Local income tax withheld total is for the convenience of filers. Aggregate totals of the local income tax withheld field in the Payee “B” Records; otherwise, enter blanks. 743–746 Blank4Enter blanks. 747–748 Combined Federal/State Code2 Required.Enter the code assigned to the state which is to receive the information. (Refer to Part A, Sec. 10, Table l.) 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. State Totals “K” Record — Record Layout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 Record Type Number of Payees BlankControl Total 1 Control Total 2 Control Total 3 Control Total 4 Control Total 5 Control Total 6 12–9 10–15 16–33 34–5152–69 70–87 88–105 106–123 Control Total 7 Control Total 8 Control Total 9 Control Total A Control Total B Control Total C Control Total D Control Total E Control Total F 124–141 142–159 160–177 178–195 196–213214–231232–249 250–267268–285 September 12, 20113122011–37 I.R.B. Control Total G BlankRecord Sequence Number BlanksState Income Tax Withheld Total Local Income Tax Withheld Total BlankCom- bined Fed- eral/State Code Blank or CR/LF 286–303304–499 500–507508–706 707–724 725–742 743–746747–748 749–750 Sec. 10. End of Transmission “F” Record — General Field Descriptions and Record Layout .01The End of Transmission “F” Record is a summary ofthe number of payers/payees in the entire file. .02The “F” Record is a fixed record length of 750 positions. .03This record must be written after the last “C” Record (or last “K” Record, when applicable) of the entire file. Record Name: End of Transmission “F” Record Field Position Field Title Length Description and Remarks 1Record Type1 Required.Enter “F.” 2–9Number of “A” Records8Enter the total number of Payer “A” Records in the entire file. Right-justify information and fill unused positions with zeros or enter all zeros. 10–30Zero21Enter zeros. 31–49Blank19Enter blanks. 50–57 Total Number of Payees8Enter the total number of Payee “B” Records reported in the file. Right-justify information and fill unused positions with zeros. If this total was entered in the “T” Record, this field may be blank filled. 58–499 Blank442Enter blanks. 500–507 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and the file can have only one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence,i.e.,2,3,4,etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “A” Record would be “00000002,” the first “B” Record, “00000003,” the second “B” Record, “00000004” and so on until the final record ofthe file, the “F” Record. 508–748 Blank241Enter blanks. 749–750 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. End of Transmission “F” Record — Record Layout Record Type Number of “A” Records ZeroBlankTotal Number of Payees BlankRecord Sequence Number BlankBlank or CR/LF 12-910-3031-49 50–5758–499500–507508–748749–750 2011–37 I.R.B.313September 12, 2011 Part D. Extensions of Time and Waivers Sec. 1. General — Extensions .01An extension of time to file may be requested for Forms 1042-S, 1097, 1098, 1099, 3921, 3922, 5498, 8027 and W-2G. Note: IRS encourages the payer/transmitter community to utilize the online fill-in form in lieu of the paper Form 8809. Re- quests for more than one payer must be filed through the Filing Information Returns Electronically (FIRE) system using the Fill-in option. No TCC required. .02The Fill-in Form 8809 may be completed online via the FIRE System. (See Part B, Sec. 7, for instructions on connecting to the FIRE System.) At the Main Menu, click “Extension of Time Request” and then click “Fill-in Extension Form”. This option is only used to request an automatic 30-day extension. Extension requests completed online via the FIRE System receive an instant response if completed properly and timely. If you are requesting an additional extension, you must submit a paper Form 8809. Requests for an additional extension of time to file information returns are not automatically granted. Requests for additional time are granted only in cases of extreme hardship or catastrophic event. The IRS will only send a letter of explanation approving or denying your additional extension request. (Refer to .11 of this Section.) .03A paper Form 8809, Application for Extension of Time to FileInformation Returns, may be submitted to IRS/IRB at the address listed below. This form may be used to request an extension of time to file information returns submitted on paper. A sig- nature is not required when requesting an automatic 30-day extension. Form 8809 may be obtained by calling 1–800–TAX–Form (1–800–829–3676). The form is also available at w ww.irs.gov. These requests must be sent using the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 Note: Due to the large volume of mail received by IRS/IRB and the time factor involved in processing Extension of Time (EOT) requests, it is imperative that the attention line be present on all envelopes or packages containing Form 8809. .04Requests for extensions of time to file postmarked by the United States Postal Service on or before the due date of the returns, and delivered by United States mail to IRS/IRB after the due date, are treated as timely under the "timely mailing as timely filing" rule. A similar rule applies to designated private delivery services (PDSs). Notice 97–26, 1997–17 I.R.B. 6, provides rules for determining the date that is treated as the postmark date.For items delivered by a non-designated Private Delivery Service (PDS), the actual date of receipt by IRS/IRB will be used as the filing date. For items delivered by a designated PDS, butthrough a type of service not designated in Notice 2004–83, 2004–52 I.R.B. 1030 the actual date of receipt by IRS/IRB will be used as the filing date. The timely mailing rule also applies to furnishing statements to recipients and participants. .05To be considered, an extension request must be postmarked, transmitted or completed online by the due date of the returns; otherwise, the request will be denied. (See Part A, Sec. 7, for duedates.) If requesting an extension of time to file several types of forms, use one Form 8809; however, Form 8809 or an extension file must be submitted no later than the earliest due date. For example, if requesting an extension of time to file both Forms 1099-INT and 5498, submit Form 8809 on or before February 28. .06Assoonasitisapparentthat a 30-day extension of time to file is needed, an extension request should be submitted. IRS/IRB does not begin processing extension requests until January. It may take up to 30 days for IRS/IRB to respond to a paper extension request.Extensions completed online via the FIRE System receive instant results. .07Under certain circumstances, a request for an extension of time may be denied. When a denial letter is received, any additional or necessary information must be resubmitted within 20 calendar days. .08Requesting an extension of time for multiple payers should be done by completing the online fill-in form via the FIRE System. A separate Form 8809 must be completed online for each payer. .09Transmitters requesting an extension of time via an electronic file (see Sec. 3 for the record layout) will receive the file status results online. .10If an extension request is approved, the approval notification should be kept on file. DO NOT send the approval notification or copy of the approval notification to IRS/IRB or to the service center where the paper returns are filed. .11If an additional extension of time is needed, a Form 8809 and/orextension file must be sent by the initial extended due date. Check line 3 on the form to indicate that an additional extension is being requested. Failure to properly complete andsignForm 8809 may cause delays in processing the request or result in a denial.Carefully read and follow the instructions on the back of Form 8809. A second 30-day extension will be approved only in cases of extreme hardship or catastrophic event. Be sure to include the reason an additional extension is needed.If requesting a second 30-day extension of time, submit the information return files as soon as prepared. Do not wait for IRS/IRB’s response to your second extension request. September 12, 20113142011–37 I.R.B. Sec. 2. Specifications for Filing Extensions of Time Electronically .01The specifications in Sec.3 include the required 200-byte recordlayout for requesting extensions of time submitted in an elec- tronic file. The instructions for the information that is to be entered in the record are also included.Filers are advised to read this section in its entirety to ensure proper filing. .02If a filer does not have an IRS/IRB assigned Transmitter Control Code (TCC), Form 4419, Application for Filing Information Returns Electronically (FIRE)mustbe submitted to obtain a TCC. This numbermustbe used to submit extension requests in an electronic file. (See Part A, Sec. 6.) .03If requesting an additional extension oftime, a signed Form 8809 must be faxed to IRB the same day as the transmission. Be sure to include the reasonan additional extension is needed and a signature. .04Do not submit tax year 2011 extension requests filed electronically beforeJanuary 4, 2012. Sec. 3. Record Layout – Extension of Time .01Positions 6 through 188 of the following record should contain information about thepayerfor whom the extension of time to file is being requested. Do not enter transmitter information in these fields.OnlyoneTCCmaybepresentinafile. Record Layout for Extension of Time Field Position Field Title Length Description and Remarks 1–5 Transmitter Control Code 5Required.Enter the five-character alpha/numeric Transmitter Control Code (TCC) issued by IRS. Only one TCC per file is acceptable. 6–14Payer TIN9 Required.Enter the valid nine-digit EIN/SSN assigned to the payer.Do not enter blanks, hyphens or alpha characters.All zeros, ones, twos, etc., will have the effect of an incorrect TIN. For foreign entities that are not requiredtohaveaTIN,thisfieldmay be blank; however, the Foreign Entity Indicator, position 187,must be set to “X.” 15–54 Payer Name40 Required.. Enter the name of the payer whose TIN appears in positions 6–14. Left-justify information and fill unused positions with blanks. 55–94 Second Payer Name40 Required.. If additional space is needed, this field may be used to continue name line information (e.g.,c/oFirstNationalBank); otherwise, enter blanks. 95–134 Payer Address40 Required.Enter the payer’s address. The street address should include the number, street, apartment, or suite number (or PO Box if mail is not delivered to a street address). 135–174 Payer City40 Required.Enter the payer’s city, town, or post office. 175–176 Payer State2 Required.Enter the payer’s valid U.S. Postal Service state abbreviation. (Refer to Part A, Sec. 12.) 177–185 Payer ZIP Code9 Required.Enter the payer’s ZIP Code. If using a five-digit ZIP Code, left-justify information and fill unused positions with blanks. 2011–37 I.R.B.315September 12, 2011 Record Layout for Extension of Time (Continued) Field Position Field Title Length Description and Remarks 186 Document Indicator(See Note.) 1 Required.From the table below, enter the appropriate document code that indicates the form for which an extension of time is being requested CodeDocument 1W-2 21097-BTC, 1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-DIV, 1099-G, 1099-H, 1099-INT,1099-K, 1099-LTC, 1099-MISC, 1099-OID, 1099-PATR, 1099-Q, 1099-R, 1099-S, 1099-SA, 3921, 3922, or W-2G 3 5498 41042-S 5 8027 6 5498-SA 7 5498-ESA Note: Do not enter any other values in this field. Submit a separate record for each document. For example, when requesting an extension for Form 1099-INT and Form 5498 for the same payer, submit one record with “2” coded in this field and another record with “3” coded in this field. When requesting an extension for Form 1099-DIV and Form 1099-MISC for the same payer, submit one record with “2” coded in this field. 187Foreign Entity Indicator1Enter “X” if the payer is a foreign entity. 188Recipient Request Indicator1Enter “X” if the extension request is to furnish statements to the recipients of the information returns. Note: A separate file is required for this type of extension request. A file must either contain all blanks or all Xs in this field. 189–198 Blank10Enter blanks. 199–200 Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Extension of Time Record Layout Transmitter Control Code Payer TIN Payer Name Second Payer Name Payer Address Payer City Payer State 1–5 6–14 15–5455–9495–134135–174175–176 Payer ZIP Code Document Indicator Foreign Entity Indicator Recipient Request Indicator BlankBlank or CR/LF 177–185 186187188189–198199–200 Sec. 4. Extension of Time for Recipient Copies of Information Returns .01Request anextension of time to furnish the statements to recipientsof Forms 1097, 1098 series, 1099 series, 3921, 3922, 5498 series, W-2G, W-2 series, and 1042-S by submitting a letter to IRS/IRB at the address listed in Part D, Sec.1.09. The letter should contain the following information: (a)Payer name September 12, 20113162011–37 I.R.B. (b)TIN (c)Address (d)Type of return (e)Specify that the extension request isto provide statements to recipients (f)Reason for delay (g)Signature of payer or duly authorized person .02Requests for an extension of time to furnish statements to recipients of Forms 1097, 1098 series, 1099 series, 3921, 3922, 5498 series, W-2G, W-2 series, and 1042-S are not automatically approved. Ifapproved, an extension will allow amaximumof 30 additional days from the due date. The request must be postmarked no later than the date the statements are due to the recipients. .03Generally, only the payer may sign the letter requesting the extension for recipient copies. If a transmitter has a contractual agreement with a payer to submit extension requests on the payer’s behalf, the transmitter should state so in the letter requesting the extension. .04Requests for extensions of time to file recipient copies for more than 10 payers arerequiredto be submitted electronically. (See Sec.3, for the record layout.). When requesting extensions of time for recipient copies, a signed letter must be faxed to IRB by thetransmitterthesamedayasthetransmission.Besuretoinclude the reason an extension for the recipient copies is needed. .05Transmitters submitting an extension of time for recipient copies via an electronic file should not submit a list of payer names and TINs with the letter since this information is included in the electronic file. .06 The online fill-in Form 8809 extension option cannot be used to request an extension to furnish statements to recipients. Sec.5Form8508,RequestforWaiverFromFiling Information Returns Electronically .01If a payer is required to file electronically but fails to do so and does not have an approved waiver on record, the payer will be subject to a penalty of $100 per return in excess of 250. (Forpenalty information, refer to the Penalty Section of the2011 General Instructions for Certain Information Returns. .02If payers are required to file original or corrected returns electronically, but such filing would create an undue hardship, they may request a waiver from these filing requirements by submittingForm 8508, Request for Waiver from Filing Information Returns Electronically, to IRS/IRB. Form 8508 can be obtained on the IRS website at IRS.gov or by calling 1–800–829–3676. .03Although a payer may submit as many as 249 corrections on paper, IRS/IRB encourages electronic filing. Once the 250 thresh- old has been met, filers are required to submit any returns in excess of 250 electronically. If a waiver for original documents is approved, any corrections for the same type of returns will be covered under that waiver. .04Generally, only the payer may sign Form 8508. A transmitter may sign if given power-of-attorney; however, a letter signed by the payer stating this fact must be attached to Form 8508. .05A transmitter must submit a separate Form 8508 for each payer. Do not submit a list of payers. .06All information requested on Form 8508 must be provided to IRS/IRB for the request to be processed. .07The waiver, if approved, will provide exemption from the electronic filing requirement for the current tax year only. Payers may not apply for a waiver for more than one tax year at a time. .08Form 8508 may be photocopied or computer-generated as long as itcontains all the information requested on the original form. .09Filers are encouraged to submit Form 8508 to IRS/IRB at least 45 days before the due date of the returns. IRS/IRB does not process waiver requests until January. Waiver requests received prior to January are processed on a first come, first serve basis. .10All waiver requests must be sent to the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .11 File Form 8508 for the W-2 seriesof forms with IRS/IRB, not SSA. .12Waivers are evaluated on a case-by-case basis and are approved ordenied based on criteria set forth in the regulations under section 6011(e) of the Internal Revenue Code. The transmitter must allow a minimum of 30 days for IRS/IRB to respond to a waiver request. .13If a waiver request is approved, keep the approval letter on file.Do notsend a copy of the approved waiver to the service center where the paper returns are filed. .14An approved waiver only applies to the requirement for filing information returns electronically. The payer must still timely file information returns with the appropriate service center on the official IRS paper forms or an acceptable substitute form. 2011–37 I.R.B.317September 12, 2011 26 CFR 601.105: Examination of returns and claims for refund, credit or abatement; determination of cor- rect tax liability. (Also: Part I, § 6001.) Rev. Proc. 2011–42 SECTION 1. PURPOSE This revenue procedure provides tax- payers with guidance regarding the use and evaluation of statistical samples and sam- pling estimates. SECTION 2. BACKGROUND The use of statistical sampling is provided in several items of published guidance. See, for example, Rev. Proc. 2011–35, 2011–25 I.R.B. 890 (provides safe harbor methodologies to determine basis in stock acquired in transfer ba- sis transactions); Rev. Proc. 2004–29, 2004–1 C.B. 918 (provides the statistical sampling methodology that a taxpayer may use in establishing the amount of substantiated meal and entertainment ex- penses that are excepted from the 50% deduction disallowance under section 274(n)(1)); Rev. Proc. 2007–35, 2007–1 C.B. 1349 (addresses when statistical sam- pling may be used for purposes of section 199 (income attributable to domestic pro- duction activities)); and Rev. Proc. 72–36, 1972–2 C.B. 771 (sets forth statistical sampling guidelines for determining the redemption rate of trading stamps). If statistical sampling is determined to be appropriate under prior published guid- ance or under this revenue procedure, a taxpayer may use only the statistical sam- pling procedures set forth in this revenue procedure. Thus, any published guidance in effect prior to the effective date of this revenue procedure that permits statistical sampling is modified and amplified by this revenue procedure. SECTION 3. SCOPE When permitted by the Service, tax- payers may use statistical sampling proce- dures to support items on their income tax returns. The Service will use the criteria set forth in Section 4 of this revenue pro- cedure in determining whether to accept a statistical sampling estimate as adequate substantiation for a return position. Statis- tical samples that fail to meet these criteria will be rejected. SECTION 4. APPLICATION .01In general. When permitted by the Service, a taxpayer may use statistical sampling in establishing, with respect to its income tax liability, items on its return by following the procedures provided in Ap- pendixA(SamplingPlanStandards),Ap- pendix B (Sampling Documentation Stan- dards) and Appendix C (Technical Formu- las) of this revenue procedure. .02Evaluation of a probability sample: Two-step method. (1)Appropriateness. The appropriate- ness of using a probability sample, to ei- ther support or be primary evidence of a tax amount, is a facts and circumstances determination. Factors to be used in de- termining whether a probability sample is appropriate include, but are not limited to, the following: the time required to analyze large volumes of data; the cost of analyzing data; and the other books and records that may independently exist or have greater probative value. Proba- bility samples generally will not be con- sidered appropriate if evidence is readily available from another source that can be demonstrated to provide a more accurate answer,oriftheuseofsamplingdoesnot conform to applicable financial accounting standards (e.g., Generally Accepted Ac- counting Principles (GAAP)). (2)Validity of the final estimate. Sec- ond, taxpayers must determine whether the final estimate represents a valid estimate. In general, a final estimate will be consid- ered valid (without regard to audit adjust- ment(s)) provided that all of the following conditions are met. (a)Documentation. Taxpayers must maintain all of the proper documentation to support the statistical application, sam- ple unit findings, and all aspects of the sample plan. Proper supportive documen- tation generally includes all of the infor- mation contained in Appendix A and Ap- pendix B of this revenue procedure. (b)Known chance of selection.Thees- timate must be based on a probability (i.e., statistical) sample,in which each sampling unit in the population has a known (non- zero) chance of selection, using either a simple random sampling method or strat- ified random sampling method. (c)Taxpayer uses the least advanta- geous 95% one-sided confidence limit. The estimate must be computed at the least advantageous 95% one-sided confidence limit. The “least advantageous” confi- dence limit is either the upper or lower limit that results in the least benefit to the taxpayer. If the relative precision for a sampling plan, as described in section 4.03(4) of this revenue procedure, does not exceed 10%, the point estimate may be used in place of the least advantageous 95% one-sided confidence limit. When the relative precision is less than 15% and greater than 10%, the estimate will be computed as an amount between the least advantageous 95% one-sided confidence limit and the point estimate determined as follows: Estimate = Point Estimate - (Relative Precision - .10)/.05 * (Point Estimate - Least Advantageous 95% One-Sided Confidence Limit) Although many methods exist to estimate population values from the sample data, only the following estimators will be con- sidered for acceptance: (i) Variable esti- mators permitted include the Mean (also known as the direct projection method); (ii) Difference (using“paired variables”); (iii) (combined) Ratio (using a variable of interest and a “correlated” variable); and (iv) (combined) Regression (using a vari- able of interest and a “correlated” vari- able). The first variable used for the differ- ence, ratio and regression estimators must be the variable used in the mean estimator. The second variable used for the differ- ence, ratio, and regression estimators must be a variable that can be paired with the first variable and should be related to the first variable. To be accepted by the Service as a method to estimate population values from the sample data, taxpayers who choose to use methods (iii) or (iv) described above must first demonstrate that the statistical bias inherent in those methods is negligi- ble. See section 4.03(3) of this revenue procedure. The formulas for these esti- mators are provided in Appendix C and assume sampling without replacement. Attribute estimators permitted include (combined) proportion or total count. .03Variable Sampling Plans. (1)Use estimate with smallest overall standard of error. Of all the final estimates determined as qualifying, the estimate with September 12, 20113182011–37 I.R.B. the smallest overall standard of error, as an absolute value, will generally be used (i.e., the size of the estimate is irrelevant in the determination of the value to be reported). Situations may exist when only a single estimator may be appropriate for the plan objective. In those specialized situations, the relevant estimator may be evaluated without consideration of other methods. (2)Calculation of confidence lim- its. Confidence limits are calculated by adding and subtracting the precision of the estimate from the point estimate when precision is determined by multiplying the standard error by (i) the 95% one-sided confidence coefficient based on the Stu- dent’s t-distribution with the appropriate degrees of freedom, or (ii) 1.645 (i.e.,the normal distribution), assuming the sam- ple size is at least 100 in each non–100% stratum. (3)Demonstration of statistical bias. For either the (combined) Ratio or Re- gression methods (as described in section 4.02(2)(c)), in order to demonstrate that lit- tle statistical bias exists, the following ap- plies after excluding all strata tested on a 100% basis (i.e., the entire population of a stratum is selected for evaluation): (i) the total sample size of all strata must be at least 100 units; (ii) each stratum for which a population estimate is made should con- tain at least 30 sample units; (iii) the co- efficient of variation of the paired vari- able must be 15% or less; (iv) the coef- ficient of variation of the primary vari- able of interest, represented by either the corrected value or the difference between the reported and corrected values in com- mon accounting situations, must be 15% or less; and (v) for only the (combined) Ra- tio method, the reported values of the units must be of the same sign. Definitional for- mulas for the paired variable (described in (iii) above), and the corrected value and the difference between the reported and corrected values (each described in (iv) above) are provided in Appendix C (Tech- nical Formulas). (4)Calculating the relative precision for each estimator. The relative preci- sion for each estimator is commonly calcu- lated by dividing the precision at the 95% one-sided confidence limit (sometimes re- ferred to as sampling error) of the estimate by the estimator. When an estimate may be calculated using either a corrected value or difference perspective, as in the case of Ratio and Regression methods, or solely a corrected value perspective as in the case of a Mean method, the test will be applied on the basis of a difference perspective. In these cases the numerator of the calcula- tion is the sampling error of the adjustment and the denominator the point estimate of the adjustment. (5)Specialized situations. For special- ized situations, the 10% test that applies to the particular sampling objective must be appropriate for the plan, and adjusted ac- cordingly to reflect an acceptable level of precision. Additional modifications may be necessary for other unique types of sam- pling plans. (6)Exclusion of certain items for pur- poses of the 10% relative precision test. For the purpose of the 10% relative preci- sion test, any stratum, when the sampling units or the process of evaluating the sam- pling units are different from those in other strata, must be excluded in calculating the relative precision. .04Attribute Sampling Plans (1)Determining confidence limits. When using simple random samples, the confidence limits are determined using the Hypergeometric, Poisson, or Binomial distribution. If the proportion being esti- mated is between 30% and 70%, then the normal distribution approximation may be used in lieu of one of the above distri- butions. For stratified random samples, when at least two strata are sampled (i.e., not 100% samples), the confidence lim- its must be determined using the normal distribution approximation. If stratified random samples are not used, then con- fidence limits will be determined using the Hypergeometric, Poisson, or Binomial distribution. (2)Calculating the relative precision. For the normal distribution approximation, the precision is calculated by multiplying the standard error by (i) the 95% one-sided confidence coefficient based on the Stu- dent’s t-distribution with the appropriate degrees of freedom, or (ii) 1.645 (i.e.,the normal distribution), assuming the sample size is at least 100 in each non–100% stra- tum. (3)Point estimate. One of the follow- ing two tests must be achieved for the use of the point estimate from an attribute sam- pling plan. A relative precision of 10% or less must be achieved on the point estimate (i.e., the estimated proportion, p) and on its complement (i.e., 1 - p). A simple random sample size of at least 300 must be used to determine the point estimate, when the sample size of 300 excludes dummy and null sampling units. .05Limitations. (1) The Service’s allowance of a tax- payer’s estimate does not correspondingly require acceptance by the Service of the taxpayer’s use of an estimate for the de- termination of associated adjustments, al- location, or subdivision of the findings for other purposes. (2) This revenue procedure only ad- dresses the statistical requirements that must be met for a probability sample to meet preliminary acceptance. It is not intended to further require acceptance of individual sample unit determinations. Valuation or attribute determinations re- main subject to independent verification along with other non-statistical issues such as missing sampling items. Likewise, the statistical procedures followed may be examined and adjusted if the procedures are found to be in error. Any fatal error in statistical methodology that renders the probability sample invalid will preclude the use of any statistical estimate based on the sample and will only allow for con- sideration of the sample findings on an actual basis. When a probability sample is determined to be not appropriate and is raised as an issue, the examining agent may pursue a more accurate determination or allow the findings of units examined on an actual basis. The computational validity of the estimator should still be considered and addressed along with other alternative issues in un-agreed cases. (3) This revenue procedure does not preclude the Service from raising or pursu- ing any income, employment, or other tax issues identified in the review of a statisti- cal sample. (4) It is recognized that existing indus- try practices and specific taxpayers may be using techniques that are not covered by this revenue procedure. If a taxpayer em- ployed a probability sample or method not covered by this revenue procedure, then the estimate may be referred to a Statisti- cal Sampling Coordinator for resolution or issue development. (5) This revenue procedure does not re- lieve taxpayers of their responsibility to maintain any documentation required by section 6001, other sections, or subsec- 2011–37 I.R.B.319September 12, 2011 tions that have specific documentation re- quirements for the entire population. Is- sues regarding documentation or support mayberaisedasappropriate. (6) This revenue procedure does not su- persede any specific rules for substantia- tion, such as those under section 274(d). SECTION 5. EFFECT ON OTHER DOCUMENTS This revenue procedure modifies and amplifies Rev. Proc.2007–35, Rev. Proc. 2011–35, Rev. Proc. 2004–29, and Rev. Proc. 72–36. SECTION 6. EFFECTIVE DATE This revenue procedure is effective for taxable years ending on or after August 19, 2011. With respect to the use of statisti- cal sampling by a taxpayer for a taxable year ending before August 19, 2011, for which the applicable period of limitations has not expired, the Service will permit, but will not require, application of this rev- enue procedure. SECTION 7. PAPERWORK REDUCTION ACT The collection of information con- tained in this revenue procedure has been reviewed and approved by the Office of Management and Budget (OMB) in accor- dance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–0123. 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 revenue procedure is in Appendix B. This information is required to ensure compli- ance with the statistical sampling method- ology contained in this revenue procedure. The information will be used to evaluate compliance with the procedures described in this revenue procedure. The collection of information is mandatory. The likely recordkeepers are businesses or other for- profit institutions. The estimated total annual recordkeep- ing burden is 2400 hours. The estimated annual burden per recordkeeper is 8 hours. The estimated number of recordkeepers is 300. Books or records relating to a collection of information must be retained as long as their contents may be material in the ad- ministration of any internal revenue law. Generally tax returns and tax return infor- mation are confidential, as required by sec- tion 6103. DRAFTING INFORMATION The principal author of this revenue procedure is Amanda F. Dunlap of the Office of Associate Chief Counsel (Pro- cedure & Administration). For further information regarding this revenue proce- dure, contact Amanda F. Dunlap at (202) 622–4910 (not a toll-free call). For further information regarding Appendices A, B or C, or any substantivestatistical sampling questions, contact Gerald Goguen of the Large Business and International Division at (415) 837–6510, or Michael J. Curley of the Large Business and International Division at (630) 699–6020. September 12, 20113202011–37 I.R.B. APPENDIX A Sampling Plan Standards Taxpayers are required to have a written sampling plan prior to the execution of a sample. The plan must include the following items: (1) The objective of the plan including a description of what value is being estimated and for which tax year(s) the estimate is applicable; (2) Population definition and reconciliation of the population to the tax return; (3) Definition of the sampling frame; (4) Definition of the sampling unit; (5) Source of the random numbers, the starting point or seed, and the method used in selecting them; (6) Sample size, along with supporting factors in the determination; (7) Methodusedtoassociaterandom numbers to the frame; (8) Steps to be taken to insure that the serialization of the frame is carried out independent of the drawing of random numbers; (9) Steps to be taken in evaluating the sampling unit; and (10) The appraisal method(s) to be used in appraising the sample. 2011–37 I.R.B.321September 12, 2011 APPENDIX B Sampling Documentation Standards Sample Execution Documentation Taxpayers must retain adequate documentation to support the statistical application, sample unit findings, and all aspects of the sample plan and execution. The execution ofthe sample must be documented and include information for each of the following: (1) The seed or starting point of the random numbers; (2) The pairing of random numbers to the frame along with supporting information to retrace the process; (3) List of the sampling units selected and the results of the evaluation of each unit; (4) Supporting documentation such as notes, invoices, purchase orders, project descriptions, etc., which support the conclusion reached about each sample item; (5) The calculation of the projected estimate(s) to the population, including the computation of the standard error of the estimate(s); (6) A statement as to any slips or blemishes in the execution of the sampling procedure and any pertinent decision rules; and (7) Computation of all associated adjustments. (An example of an associated adjustment would be the amount of depreciation allowable based on a probabilitydetermination of an amount capitalized). September 12, 20113222011–37 I.R.B. APPENDIX C Technical Formulas UNSTRATIFIED (SIMPLE RANDOM SAMPLE) MEAN ESTIMATOR STRATIFIED MEAN ESTIMATOR Sample Mean of Audited Amounts Estimate of Total Audited Amount Estimated Standard Deviation of the Audited Amount Estimated Standard Error of the Total Audited Amount Achieved Precision of the Total Audited Amount UNSTRATIFIED (SIMPLE RANDOM SAMPLE) DIFFERENCE ESTIMATOR STRATIFIED DIFFERENCE ESTIMATOR Estimate of Total Difference Estimate of Total Audited Amount Estimated Standard Deviation of the Difference Amount 2011–37 I.R.B.323September 12, 2011 UNSTRATIFIED (SIMPLE RANDOM SAMPLE) DIFFERENCE ESTIMATOR STRATIFIED DIFFERENCE ESTIMATOR Estimated Standard Error of the Difference Amount Achieved Precision of the Difference Amount UNSTRATIFIED (SIMPLE RANDOM SAMPLE) RATIO ESTIMATOR STRATIFIED COMBINED RATIO ESTIMATOR Estimated Ratio of Audited Amount to Recorded Amount Estimate of Total Audited Amount Estimated Standard Deviation of the Ratio Estimated Standard Deviation of the Ratio in i th Stratum Estimated Standard Error of the Ratio Amounts Achieved Precision of the Ratio Amounts September 12, 20113242011–37 I.R.B. UNSTRATIFIED (SIMPLE RANDOM SAMPLE) REGRESSION ESTIMATOR STRATIFIED COMBINED REGRESSION ESTIMATOR Estimated Regression Coefficient Estimate of Total Audited Amount Estimated Standard Deviation of the Regression Amounts Estimated Covariance between the Audited and Recorded Amounts in i th Stratum Estimated Standard Deviation between the Audited and Recorded Amounts in i th Stratum Estimated Standard Error of the Audited and Recorded Amounts Achieved Precision of the Audited and Recorded Amounts 2011–37 I.R.B.325September 12, 2011 Definition of Symbols TERMDEFINITION nSampleSize NPopulation Size xThe value of the sampling unit that is being used as the primary variable of interest. In audit sampling, this would be the audited (or revised) value of the transaction. yThe value of the sampling unit that is being used as the “paired” variable that is related to the variable of interest. In audit sampling, this would be the reported (or original) value of the transaction. dThe value of the sampling unit that is the difference between “paired” variable (y) and the variable of interest (x). That is, d = x - y. In audit sampling, this would be the difference (or the change) of each transaction’s value. XThe total value of the primary variable of interest. In audit sampling, this would be the estimated total audited value of the population. Typically, this value is not known for the entire population and is estimated based on the statistical sample selected. YThe total value of the variable that is paired with variable of interest. In audit sampling, this would be the total reported value of the population. Typically, this value is known for the entire population and may be estimated based on the statistical sample selected. DThe total value of the difference between the “paired” variable and the variable of interest. In audit sampling, this would be the estimated total difference of the population. Typically, this value is not known for the entire population and is estimated based on the statistical sample selected. U R The confidence coefficient which is based on either the Student’s t-distribution or the normal distribution. For example, a 95% one-sided confidence coefficient based on the normal distribution is 1.645. This term is often referred to as the t-value and the z-value. 26 CFR 1.263(a)–1: Capital expenditures; in gen- eral. (Also: §§ 162 and 446.) Rev. Proc. 2011–43 SE CTION 1. PURPOSE This revenue procedure provides a safe harbor method of accounting that taxpay- ers may use to determine whether expendi- tures to maintain, replace, or improve elec- tric transmission and distribution property must be capitalized under § 263(a) of the Internal Revenue Code. This revenue pro- cedure also provides procedures for ob- taining automatic consent to change to the safe harbor method of accounting. SECTION 2. BACKGROUND .01 Taxpayers that transmit and distrib- ute electricity incur significant expendi- tures to maintain, replace, and improve transmission and distribution property. Whether these expenditures are deductible as repairs under § 162 or must be capi- talized as improvements under § 263(a) depends on whether the expenditures ma- terially increase thevalue of the property or substantially prolong its useful life.See § 1.162–4 of the Income Tax Regulations. Applying capitalization principles to elec- tric transmission and distribution property can be particularly difficult, largely be- cause the property consists of a network of interconnected items such as poles, con- ductor, and transformers. Taxpayers and the Internal Revenue Service often do not agree on which items within this network constitute discrete units of property and whether the replacement of a particular item materially increases the value or sub- stantially prolongs the useful life of a unit of property. .02 To minimize disputes regarding the deductibility or capitalization of expen- ditures to maintain, replace, or improve transmission and distribution property, this revenue procedure provides a “transmis- sionanddistributionpropertysafeharbor method of accounting” for determining the amount of expenditures required to be capitalized under § 263(a). This revenue procedure classifies transmission and dis- tribution property as either linear property (for example, conductor, poles) or non-lin- ear property (for example, transformers, customer electric meters). For linear prop- erty, this revenue procedure defines the appropriate units of property and provides a simplified method of determining when the cost of replacing a portion of a unit of linear property must be capitalized. For non-linear property, this revenue pro- cedure defines the appropriate units of property but does not provide a simplified method of determining when the cost of replacing a portion of a unit of non-linear property must be capitalized. Taxpayers must follow the principles of § 263(a) to determine whether the replacement of a portion of a non-linear unit of property is deductible or capitalizable. This revenue procedure also identifies certain expen- ditures that areper setreated as capital expenditures. .03 A taxpayer’s method for determin- ing whether an expenditure is deductible September 12, 20113262011–37 I.R.B. or is capitalizable is a method of ac- counting under § 446. Section 446(e) and § 1.446–1(c) require taxpayers to secure the consent of the Commissioner before changing a method of accounting for federal income tax purposes. Section 1.446–1(e)(3)(ii) authorizes the Commis- sioner to prescribe administrative proce- dures setting forth the limitations, terms, and conditions necessary to permit a tax- payer to obtain consent to change a method of accounting. SECTION 3. SCOPE This revenue procedure applies to a tax- payer that— (1) has a depreciable interest in elec- tric transmission or distribution property (as described in section 4 of this revenue procedure) used primarily to transport, de- liver, or sell electricity; and (2) applies the transmission and dis- tribution property safe harbor method of accounting provided in this revenue pro- cedure to all of its electric transmission and distribution property as defined in this revenue procedure. The determination of whether a taxpayer is within the scope of this revenue procedure is made by each member of a consolidated group, by a part- nership, or by an S corporation. SECTION 4. DEFINITIONS The following definitions apply solely for purposes of this revenue procedure: .01Linear property. “Linear property” means all electric transmission and dis- tribution property except non-linear prop- erty. .02Non-linear property. “Non-linear property” means all electric transmission and distribution property that is substa- tion property, storage battery property, line transformers, customer electric meters (in- cluding smart electric meters), or property installed on a customer’s premises. .03Electric transmission and distribu- tion property. “Electric transmission and distribution property” means real and per- sonal property that is used to conduct and control electricity at any point between an electric generating station and the lo- cation of consumption of the electricity by the customer. The electric generating station is not included in this definition. Examples include wires (conductor), tow- ers, poles, structures and fittings mounted on towers and poles, electrical interrupters (such as circuit breakers, fuses, and other switches), transformers, capacitors, instru- mentation, security structures, and pads on which equipment is mounted. In addition and solely for the purposes of this revenue procedure, electric transmission and dis- tribution property includes (a) street light- ing and (b) traffic and similar signal sys- tems. Electric transmission and distribu- tion property does not include personal or real property, such as a corporate office building, not directly used to conduct and control electricity. .04Substation property. “Substation property” means transformers and devices (such as fuses, breakers, other switches, insulators, fencing, walls, and enclosures or other structures) that are installed at an electrical substation,i.e., a subsidiary sta- tion of an electricity generation, transmis- sion, and distribution system where volt- age is transformed from high to low, or the reverse, using transformers. .05Storage battery property.“Storage battery property” means one or more in- terconnected batteries and the devices that connect the batteries to other transmission and distribution property. .06Line transformer.“Linetrans- former” means the electrical device that causes an interim or final reduction of the voltage of electricity to the voltage at which the electricity is delivered to one or more customers. Line transformers are typically located on a pole when overhead serviceisprovidedorinaboxorvault when underground service is provided. A transformer located at a substation is not a line transformer. .07Customer electric meter.“Cus- tomer electric meter” means the device that measures the amount of electricity delivered to a customer. In addition to tra- ditional electric meters, this term includes smart electric meters, advanced electric meters that enable two-way communica- tion between the electric meter and the central system for monitoring and billing purposes. .08Propertyinstalledonacustomer’s premises. “Property installed on a cus- tomer’s premises” means the devices, such as electrical usage controls on appli- ances, which are owned by the taxpayer but installed on property owned by the taxpayer’s customer (excluding customer electric meters). .09Circuit. “Circuit” means the linear property: (1) betweena generating station and the initial substation; (2) between any two substations; or (3) between the final substation (the last substation before the line transformer) and the customer’s elec- tric meter. .10Blanket work order procedure. “Blanket work order procedure” means a procedure under which a taxpayer charges multiple replacements over a specific pe- riod of time to a single work order. SECTION 5. TRANSMISSION AND DISTRIBUTION PROPERTY SAFE HARBOR METHOD OF ACCOUNTING .01In general. A taxpayer using the transmission and distribution property safe harbor method provided by this rev- enue procedure must determine its units of transmission and distribution property as provided in section 5.02 of this revenue procedure. For each replacement of a portion of a unit of linear property, the tax- payer must determine whether more than 10 percent of the unit of linear property is replaced. If more than 10 percent of the unit of linear propertyis replaced, the cost of the replacement must be capitalized. If 10 percent or less of the unit of property is replaced, the cost of the replacement is not required to be capitalized under § 263(a). In general, individual replacements within a circuit are not aggregated in determining the percentage of a unit of linear prop- erty replaced. But see section 5.04 of this revenue procedure for situations where aggregation is required. The safe harbor method described in this section 5 pro- vides the exclusive means for taxpayers using the transmission and distribution property safe harbor method to determine whether an expenditure for linear property is deductible or must be capitalized. .02Units of property. (1)Units of linear property.Forpur- poses of this revenue procedure, the “unit of linear property” is determined on a cir- cuit-by-circuit basis; each circuit contains the following eight units of linear property: (a) All conductor and any associated de- vices, whether overhead or underground, used to conduct electricity (not includ- ing customer service lines and substation 2011–37 I.R.B.327September 12, 2011 property) constitute a single unit of linear property. (b) All towers and poles and all struc- tures and fittings mounted on towers and poles (“fully-dressedpoles”) (not includ- ing the line transformers) constitute a sin- gle unit of linear property. (c) All underground conduit constitutes a single unit of linear property. (d) All boxes and vaults, and structures and fittings mounted in boxes or vaults (not including the line transformers) con- stitute a single unit of linear property. (e) All the customer service drops (the conductor and any associated devices run- ning from a utility pole or underground box or vault to a customer’s building or other premises) constitute a single unit of linear property. (f) All the street lighting constitutes a single unit of linear property. (g) All the traffic and similar signal sys- tems constitute a single unit of linear prop- erty. (h) All the smart grid property (as de- fined in § 168(i)(19)(B)) not located at a substation (including access points, relays, and e-bridges, but excluding smart electric meters) constitutes a single unit of linear property. (2)Unitsofnon-linearproperty.For purposes of this revenue procedure, the following are the units of property for non- linear property: (a) Each transformer at a substation constitutes a single unit of non-linear property. (b) All fencing, walls, enclosures, other structures surrounding each substation or supporting the substation electrical devices (excluding enclosures or build- ings suitable for occupation), and land improvements that are not properly capi- talized to land constitute a single unit of non-linear property. (c) Each set of installed storage battery property constitutes a single unit of non- linear property. (d) All smart grid property, as defined in § 168(i)(19)(B), located at each substa- tion constitutes a single unit of non-linear property. (e) All other electrical devices at each substation, such as fuses, breakers, other switches, regulators, insulators, meters, and the pad on which the equipment is installed constitute a single unit of non-lin- ear property. (f) Each line transformer constitutes a single unit of non-linear property. (g) Each customer electric meter (in- cluding each smart electric meter) consti- tutes a single unit of non-linear property. (h) All other property installed on each customer’s premises (i.e.,all installations on a single premises) constitutes a single unit of non-linear property. .03Determining the percentage of a unit of linear property replaced. (1)In general. The percentage of a unit of linear property replaced is determined based on the number of items (or other denominating factor) existing in a unit of property at the beginning of a taxable year as follows: (a) For conductor and associated de- vices used to conduct electricity (not in- cluding customer service lines), the num- ber of feet of conductor replaced is divided by the number of feet of conductor in the unit of property (forexample, if 100 feet of conductor is replaced in a circuit that con- tains 2,000 feet of conductor, the percent- age of the conductor replaced is 5 percent [100 / 2,000 = .05]). (b) For poles and towers, the number of poles and towers replaced is divided by the number of poles and towers in the unit of property. (c) For underground conduit, the num- ber of feet of conduit replaced is divided by the number of feet of conduit in the unit of property. (d) For boxes and vaults, the number of boxes and vaults replaced is divided by the number of boxes and vaults in the unit of property. (e) For customer service drops, the number of customer service drops replaced is divided by the number of customer ser- vice drops in the unit of property. (f) For street lighting, the number of street lights replaced is divided by the number of street lights in the unit of prop- erty. (g) For traffic and similar signal sys- tems, the number of traffic and similar sig- nals replaced is divided by the number of traffic and similar signals in the unit of property. (h) For smart grid property as defined in §168(i)(19)(B), butexcluding smart elec- tric meters as defined in § 168(i)(18)(B), the historical cost of smart grid devices re- placed is divided by the historical cost of the smart grid unit of property. (2)Per se capital expenditures ex- cluded. For purposes of determining whether more than 10 percent of a unit of linear property is replaced, replacements that are required to be capitalized under section 5.06 of this revenue procedure are excluded (i.e., per secapital expenditures are not included in either the numerator or the denominator of the ratio used to deter- mine the percentage of a unit of property replaced). (3)Transition rule. For the first three taxable years ending on or after Decem- ber 31, 2010, a taxpayer using the trans- missionanddistributionpropertysafehar- bor method provided by this revenue pro- cedure may determine the percentage of a unit of linear property replaced on the ba- sis of an average circuit within a county. .04Aggregation requirement. (1)Aggregation rule.For purposes of determining whether more than 10 percent of the unit of linear property is replaced, a taxpayer must aggregate multiple replace- ments within a circuit if— (a) the replacements are initiated at the same time; (b) the replacements are required by the occurrence of a single event; or (c) a regulatory commission decision authorizes the replacements as part of an identified program aimed at a specific pur- pose. (2)Initiated at the same time.Spe- cific multiple replacements are initiated at the same time by any action that provides the final approval for the physical con- duct of the replacements. In general, such final approval includes the issuance of a work order under the taxpayer’s operating procedures that authorizes workers to per- form the replacements. However, work or- ders that authorize a replacement before the need for the replacement is identified by the taxpayer, such as a blanket work or- der, do not constitute final approval for the physical conduct of the replacement. .05Special rules for blanket work or- ders. (1)Allocation of costs among circuits. A taxpayer that uses a blanket work order procedure may use the following simplify- ing assumptions for purposes of determin- ing whether more than 10 percent of the unit of linear property in a circuit is re- placed: (a) A taxpayer that replaces property in multiple circuits and charges the replace- September 12, 20113282011–37 I.R.B. ments to a single blanket work order may allocate the replacements among the mul- tiple circuits either (1) on apro-ratabasis (equally among the circuits) or (2) propor- tionately based on the length of each cir- cuit. (b) A taxpayer whose blanket work order procedure uses a standard cost ac- counting system may determine the num- ber of replacements charged to a blanket work order by dividing the total cost of replacements charged to the blanket work order by the applicable standard cost. (c) A taxpayer whose blanket work order system accumulates the dollars ex- pended under the blanket work order, but not the quantity of replacements, may de- termine the percentage of a unit of linear property replaced bydividing the total dollar amount charged to the blanket work order for replacements to the linear unit of property over a fixed period of time by the total replacement cost of the whole unit of linear property. The fixed period of time used for the calculation cannot exceed one year. (2)Blanket work order de minimis rule. A taxpayer that adheres to a policy that limits per-event charges under a blanket work order procedure to replacements of property costing $50,000 or less is not re- quired to capitalize the costs of linear prop- erty replacements charged to the blanket work order. .06Per se capital expenditures.Thefol- lowing expenditures must be capitalized, notwithstanding any other provision of this revenue procedure: (1) The costs of replacing overhead conductor with underground conductor within a circuit, regardless of the per- centage of conductor inthe circuit that is replaced. (2) The costs of property necessary to add one or more new customers. (3) The costs of property that materi- ally increases rated capacity (i) in a unit of property or (ii) to one or more customers. (4) The costs of property that extends an existing circuit. .07CLADR percentage repair al- lowance exclusion.An eligible taxpayer that changes its treatment of transmission and distribution property expenditures to adopt the safe harbor method described in this revenue procedure may not elect the Class Life Asset Depreciation Range System (ADR) repair allowance under § 1.167(a)–11(d)(2) in any taxable year that the taxpayer uses the safe harbor method permitted under this revenue pro- cedure. In addition, for any taxable year in which the § 1.167(a)–11(d)(2) repair allowance election was made, the safe harbor method described in section 5.01 of this revenue procedure may not be applied to change the taxpayer’s treat- ment of property to which the taxpayer elected to apply the repair allowance under § 1.167(a)–11(d)(2). .08Statistical sampling. By following the sampling procedures provided in Rev. Proc. 2011–42, taxpayers adopting the safe harbor method of accounting pro- vided in this revenue procedure may use statistical sampling to determine whether costs to maintain, replace, and improve transmission and distribution property are deductible as repairs under § 162 or must be capitalized as improvements un- der § 263(a). Sampling methodologies not described in Rev. Proc. 2011–42 are not permitted under the transmission and distribution property safe harbor method of accounting. SECTION 6. EXAMPLES The following examples illustrate the application of this revenue procedure. In each example, it is assumed thatX, the tax- payer, files its federal income tax return on a calendar year basis and uses the transmis- sionanddistributionpropertysafeharbor method of accounting provided by this rev- enue procedure. Example 1.OnJuly20ofYear1,Xreceived au- thorization from its regulatory commission to replace a number of defective poles in CircuitA, which con- sists of 2,000 poles in total. On July 21 of Year 1, Xapproves the replacement of and replaces three of the defective poles. On July 22 of Year 1,Xapproves the replacement of and replaces two additional defec- tive poles. Although final approval of the July 21 and July 22 replacements occurred on different days, the replacements are aggregated because the replacement of all five poles was required by a single event, the July 20 authorization.X’s cost of replacing the five poles is currently deductiblebecause the replacement of five poles represents 0.25 percent of the poles in CircuitA, which is 10 percent or less of the poles in the circuit. Example 2. In addition to the facts provided in Example 1, in response to a regulatory commission decision rendered in a prior year to replace utility poles with fungus damage, between November 1 of Year 1 and January 21 of Year 2,Xreplaces 500 poles in CircuitA.Xauthorized the replacement of the 500 poles through the issuance of two work orders: one that authorized the replacements made in Year 1 and another that authorized the replacements made in Year 2. The replacements are aggregated, however, because the replacement of all 500 poles was required by the regulatory commission decision.X’s costs of replacing the 500 poles are capital expenditures be- cause the replacement of 500 poles represents 25 per- cent of the poles in CircuitA, which is more than 10 percent of the poles in the circuit. Example 3. In addition to the facts provided in Examples 1 and 2, during a routine inspection of Cir- cuitA,Xdetermined that 50 poles were unstable.X replaces the 50 unstable poles on December 15 of Year 1. The pole replacement project was authorized by managers on the day the work crews were assigned and the poles were replaced.X’s costs of replacing the 50 poles are currently deductible because the replace- ment of 50 poles represents 2.5 percent of the poles in the circuit, which is 10 percent or less of the poles in the circuit. Example 4. In addition to the facts provided in Examples 1–3, CircuitAcontains five miles (26,400 feet) of overhead conductor. During Year 1,Xiniti- ates two separate projects: one to replace 2,000 feet of overhead conductor with new overhead conductor and one to replace 150 feet of overhead conductor with underground conductor.X’s costs of replacing the 2,000 feet of overhead conductor are currently de- ductible because the replacement of 2,000 feet of con- ductor represents 7.6 percent of the conductor in Cir- cuitA, which is 10 percent or less of the conductor in CircuitA.X’s costs of replacing 150 feet of overhead conductor with underground conductor are capital ex- penditures because, even thoughX replaced less than 0.6 percent of the conductor in CircuitA,thecostsof replacing overhead conductor with underground con- ductor must be capitalized. If these two replacement projects occurred as part of one single project, the length of replacement conductor required to be cap- italized under section 5.06 of this revenueprocedure would be excluded from both the numerator and the denominator of the ratio used to determine the per- centage of conductor replaced in CircuitA. Example 5.Xuses a blanket work order sys- tem under which certain replacements or additions are charged to blanket work orders.Xfollows its pol- icy limiting per event charges to blanket work orders to replacements of linear property costing $50,000 or less. The cost of linearproperty replacements charged on these blanket work orders are accumu- lated over the full tax year and then are charged to X’s accounts. In Year 1,Xcharges $800,000 of linear property replacements to blanket work orders. Be- causeXadheres to a policy that limits the per event charges to blanket work orders to replacements of lin- ear property costing $50,000 or less,Xmay deduct the $800,000 of linear property replacements charged to the blanket work orders in Year 1. Example 6.Xowns CircuitB, which serves at the outer edge of a growing residential community. A plat exists for housing developmentP,onwhich construction has not begun. CircuitBcontains 2,000 poles. On March 1 of Year 1,Xreceives authoriza- tion to extend CircuitBto serve housing development P.Xextends CircuitBbetween May and September of Year 1, placing 180 poles into service as part of CircuitB.X’s costs of placing 180 poles into service as part of CircuitBare capital expenditures because, even thoughXincreased the number of poles in Cir- 2011–37 I.R.B.329September 12, 2011 cuitBby less than 10 percent, the costs of extending an existing circuit must be capitalized. SECTION 7. CHANGE IN METHOD OF ACCOUNTING .01In general. A change to the trans- mission and distribution property safe har- bor method described in this revenue pro- cedure is a change inmethod of account- ing to which the provisions of §§ 446 and 481, and the regulations thereunder, ap- ply. A taxpayer that wants to change to the method of accounting described in this revenue procedure must use the automatic change in method ofaccounting provisions in Rev. Proc. 2011–14, or its successor, as modified by this revenue procedure. .02Statistical sampling and extrapola- tion. Taxpayers adopting the safe harbor method of accounting provided in this rev- enue procedure may use statistical sam- pling to determine the § 481(a) adjustment amount attributableto any single taxable year by following the sampling procedures provided in Rev. Proc. 2011–42. In ad- dition, taxpayers adopting the safe harbor method of accounting provided in this rev- enue procedure may extrapolate results to determine the § 481(a) adjustment amount for certain years by following the relevant procedures provided in Appendix A to this revenue procedure. Sampling or extrapo- lation methodologiesnot described in Rev. Proc. 2011–42 or Appendix A to this rev- enue procedure are not permitted under the safe harbor method of accounting. .03Automatic change.Rev.Proc. 2011–14 is modified to add new section 3.09 to the APPENDIX, to read as follows: .09Method of accounting under Rev. Proc. 2011–43 for taxpayers in the busi- ness of transporting, delivering, or selling electricity. (1)Description of change. This change applies to a taxpayer that is within the scope of Rev. Proc. 2011–43 and wants to change its treatmentof transmission and distribution property expenditures to adopt the method of accounting described in Rev. Proc. 2011–43. (2)Waiver of scope limitations.The scopelimitationsinsection4.02ofthis revenue procedure do not apply to an elec- tric transmission or distribution company that changes to the method of accounting provided in Rev. Proc. 2011–43 for its first or second taxable year ending after December 30, 2010. (3)Section 481(a) adjustment.Atax- payer must take the entire net § 481(a) ad- justment into account (whether positive or negative) in computing taxable income in the year of change. The § 481(a) adjust- ment shall not include any amount attrib- utable to property for which the taxpayer elected to apply the repair allowance under § 1.167(a)–11(d)(2) for any taxable year in which the election was made. For guid- ance regarding permissible § 481(a) cal- culation methodologies, see Rev. Proc. 2011–43, section 7.02 and Appendix A. (4)Ogden copy of Form 3115 required in lieu of national office copy. A taxpayer changing its methodof accounting under section 3.09 of the APPENDIX must file a signed copy of its completed Form 3115 with the IRS in Ogden, UT, (Ogden copy) in lieu of filing the national office copy no earlier than the first day of the year of change and no later than the date the taxpayer files the original Form 3115 with its federal income tax return for the year of change.Seesections 6.02(3)(a)(ii)(B) (providing the general rules) and section 6.02(7)(b) (providing the mailing address) of this revenue procedure. (5)Designated automatic accounting method change numbers. The designated automatic accounting method change number for a change to the method of ac- counting provided in Rev. Proc. 2011–43 is “160.” (6)Contact information. For further information regarding a change under this section, contact Alan S. Williams at (202) 622–4950 (not a toll-free call). SECTION 8. EFFECT ON OTHER DOCUMENTS Rev. Proc. 2011–14 is modified to in- clude the accounting method change in this revenue procedure in section 3 of the Ap- pendix. SECTION 9. EFFECTIVE DATE This revenue procedure is effective for taxable years ending on or after December 31, 2010. SECTION 10. DRAFTING INFORMATION The principal author of this revenue procedure is Alan S. Williams of the Office of Associate Chief Counsel (Income Tax and Accounting). For further information regarding this revenue procedure, contact Alan S. Williams at 202–622–4950 (not a toll-free call). September 12, 20113302011–37 I.R.B. APPENDIX A Sampling and Extrapolation Guidance SECTION 1. INTRODUCTION .01In general. This appendix provides an extrapolation methodology aneligible taxpayer may use toadopt the safe harbor method of accounting provided by this revenue procedure. .02Statistical sampling. A taxpayer who either is filing an original return oris under examination may use statistical sampling and sampling estimates, as provided in Rev. Proc. 2011–42, as part of the safe harbor method of accounting provided in this revenue procedure. .03Extrapolation. A taxpayer desiring to change its treatment of transmission and distribution property expenditures to adopt the safe harbor method of accounting described in this revenue procedure may use the extrapolation procedures provided in this Appendix A for purposes of determining the proper § 481(a) adjustment resulting from properly making a change in method of accounting. The extrapolation methodology described in this Appendix A provides the exclusive extrapolation methodology that is permitted under the safe harbor method of accounting provided in this revenue procedure. SECTION 2. EXTRAPOLATION METHODOLOGY .01In general. A taxpayer using the safe harbor method of accounting provided by this revenue procedure may use the extrapo- lation procedures provided in this Appendix A for purposes of redetermining, in connection with calculating a § 481(a) adjustment, whether costs to maintain, replace, and improve transmission and distribution property are deductible as repairs under § 162 or must be capitalized as improvements under § 263(a). .02Calculation methodology. In order to determine the amount of the § 481(a) adjustment for a year in which extrapolation is applied, the following calculation methodology must be utilized: (1) First, a repair deduction percentage shall be computed as follows using data from a minimum of the three most recent taxable years, including the year of change (“testing period”). (a) For each taxable year of the testing period,the sum of deductible repair expenses under the safe harbor method provided in this revenue procedure must be reduced by the sum of the repair expenses the taxpayer had taken under its method of accounting prior to application of the safe harbor. The results of this subtraction are added together into a total sum of additional (or reduced) deductions resulting from the application of the safe harbor method during the testing period. (b) The total sum of additional (or reduced) deductions calculated in step (a) is divided by the sum of all capital additions during the testing period. The resulting ratio represents the weighted average percentage of capitalized additions that are properly treated as additional (or reduced) deductible repair expenses (“tentative repair deductionpercentage”). For this purpose, to determine the sum of all capital additions taxpayers shall use capital additions for financial statement purposes. (c) Multiply the tentative repair deduction percentage by a haircut percentage for each taxable year prior to the testing period for which the taxpayer will use extrapolation. For each taxable year that extrapolation is used the haircut percentage is determined by using the formula (1- (0.10*(X/Y))) whereXequals the number of years the extrapolation year precedes the year of change andY equals the total of number of taxable years in the testing period. The haircut percentage for a taxable year multiplied by the tentative repair deduction percentage equals the repair deduction percentage for the taxable year. (2) Second, a repair deduction amount for eachtaxable year outside the testing period (for which extrapolation is being used) shall be calculated by multiplying the repair deduction percentage for the taxable yearby the capital additionsfor the year (except property which was subject to the repair allowance under § 1.167(a)–11(d)(2)). For this purpose, capital additions must include all basis adjustments required by § 1011 (including any applicable audit adjustments for the taxable year) except for the following: (a) any adjustments that require tax basis to be reduced before depreciation is computed (e.g.,§ 179, § 179D, or similar provisions; § 44 and § 46, or similar provisions), and (b) adjustments described in § 1016(a)(2) and § 1016(a)(3). (3) Basis adjustments required by § 1011 include, but are not limited to, the following: (a) adjustments resulting from a change in accounting method permitted under Rev. Proc.2000–7, 2000–1 C.B.227, involving the treatment of the costs incurred in removing retired assets; (b) adjustments resulting from a change inthe treatment of capitalized amounts determined under § 263A, including reductions for additional mixed service costs allocated to inventory and adjustments to account for changes to interest capitalization amounts; (c) adjustments arising from casualty loss deductions recognized under § 165; and (d) adjustments resulting from research and experimental expenditures deducted under § 174. (4) The basis of electric transmission and distribution property calculated after taking into account therepair deduction basis adjust- ment and other basis adjustments under section 2.02(2) above is thebasis that should be used to determine the deductions allowable or income tax credits available that require tax basis to be reducedbefore any depreciation is computed (for example, § 179, § 179D, 2011–37 I.R.B.331September 12, 2011 or similar provisions; § 44 and § 46; or similar provisions). The net amount for each asset after the reduction in basis for such de- ductions and credits is that property’s § 1.168(b)–1(a)(3) unadjusted depreciable basis, which is thebasis before taking into account § 1016(a)(2) and (3) adjustments. (5) For each taxable year in which the § 1.167(a)–11(d)(2) repair allowance election was made, the repair deduction amount deter- mined in section 2.02(2) of this Appendix A for the taxable year mustexclude additional repairs attributable to property for which the taxpayer elected to apply the § 1.167(a)–11(d)(2) repair allowance. To determine the amount to exclude from the § 481(a) adjustment, taxpayers must use a method comparable to the method actually used to allocate qualifiedrepair expenditures to repair allowance property for that year. For example, if in applying § 1.167(a)–11(d)(2)(b) for the 1997taxable year a taxpayer determined that 73 percent of its 1997 qualified repair expenditures were attributable to eligible repair allowance property, then that same percentage (73%) must be applied to determine the reduction to the repair deduction amount otherwise calculated under section 2.02(2) of this Appendix A. (6) The § 481(a) adjustment must account for any tax credit and depreciation deduction adjustments in each taxable year resulting from the additional (or reduced) repair deductions claimed under the safe harbor method provided in this revenue procedure. .03Consecutive year requirement. Under the extrapolation calculation methodology, if sufficient data is available to calculate the repair deduction percentage for more than three years, the taxpayer may use data from such additional years only if the additional years are consecutive to the testing period and prior to the year of change. .04Representative years required. The data from the taxable years used to calculate the repair deduction percentage must be representative of all years included in the § 481(a) adjustment. (1) In determining whether the sampled years are representative, a taxpayer must take into account restructuring transactions in- cluding acquisitions and dispositions, as well as any other events that may have triggered large capital additions. (2) If events or transactions create an aberration in a sampled year, then consideration should be given to expanding the sampled years, expanding the number of sample items drawn from that year, or removing the year from the sample. .05Example.Xchanges its method of accounting to the transmission and distribution property safe harbor method of accounting in 2010.Xuses the extrapolation methodology provided in section 2 of this Appendix A to determine the amount of its § 481(a) adjustment attributable to taxable years 2007 through 2001.X’s capital additions for financial statement purposes for 2002 are $10,000. In 2002Xelected to apply the repair allowance under § 1.167(a)–11(d)(2), which applied to 25% of X’s transmission and distribution property. Step 1.Xcalculates its tentative repair deduction percentage using data from the three consecutive taxable years 2010, 2009, and 2008. Capital additions for financial statement purposes properly treated as additional deductible repair expenses resulting from the application of the safe harbor method for 2010, 2009, and 2008 are $500, $300, and $200, respectively. Capital additions for financial statement purposes for 2010, 2009, and 2008 are $ 6,000, $3,000, and $1,000, respectively. The tentative repair deduction percentage is computed as follows: $1,000/$10,000= 10% Step 2.Xcalculates the haircut percentage foreach taxable year that extrapolation is used using the formula (1 - 0.10 * (X/Y)), whereXequals the number of years the extrapolation year precedes the year of change andYequals the total of number of taxable years in the testing period. The haircut percentage for each taxable year that extrapolation is used is calculated as follows: Taxable YearHaircut Percentage Calculation (Step A)Haircut Percentage Calculation (Step B) 20070.10 * (3/3) = 0.101 - 0.10 = 0.90 = 90% 20060.10 * (4/3) = 0.1331 - 0.133 = 0.867 = 86.7% 20050.10 * (5/3) = 0.167 1 - 0.167 = 0.833 = 83.3% 20040.10 * (6/3) = 0.201 - 0.20 = 0.80 = 80% 20030.10 * (7/3) = 0.2331 - 0.233 = 0.767 = 76.7% 20020.10 * (8/3) = 0.2671 - 0.267 = 0.733 = 73.3% 20010.10 * (9/3) = 0.301 - 0.30 = 0.70 = 70% Step 3.X’s repair deduction percentage for 2002 is 7.33%, which is computed by multiplying the tentative repair deduction percentage (10%) by the haircut percentage for 2002 (73.3%). Step 4.X’s repair deduction amount for 2002 before additional tax adjustments andexclusion of additional repairs attributable to property for which the taxpayer elected to apply the § 1.167(a)-(11)(d)(2) repair allowance is $733 ($10,000 * 7.33%). Step 5.Xdetermines that tax adjustments reduce the 2002 calculated repair deduction amount by $33.Xreduces the calculated repair deduction amount for 2002 by $33, resulting in a repair deduction of $700 before excluding repair amounts attributable to property for which the taxpayer elected to apply the § 1.167(a)-(11)(d)(2) repair allowance. Step 6.Xmust reduce its repair deduction amount for 2002 to exclude additional repairs attributable to property for which the taxpayer elected to apply the § 1.167(a)–11(d)(2) repair allowance. In 2002,Xdetermined that 25 percent of its 2002 qualified repair expenditures were attributable to eligible transmission and distribution property. Therefore,Xreduces the repair deduction amount for 2002 by 25%. Accordingly,Xreduces the $700 calculated through Step 5 by $175 ($700 X 25%), resulting in a repair deduction amount for 2002 of $525 ($700 - $175). September 12, 20113322011–37 I.R.B. Step 7. To determine its § 481(a) adjustment amount for 2002,Xmust account for its decreased depreciation deductions resulting from the additional $525 of deductible repair expenditures resulting from the application of the safe harbor method. Assuming that the additional $525 of deductible repair expenditures for 2002 results in a $300 reduction in depreciation deductions through the year of change,X’s § 481(a) adjustment amount attributable to 2002 is negative $225 (-$525 + $300). 2011–37 I.R.B.333September 12, 2011 Part IV. Items o fGeneralInterest Notice of Prop osed Rulemaking by Cross-Refere nce to Temporary Re gulations and Notice of Public Hearing Modificatio ns of Certain Derivative Contracts REG–109006–11 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Noti ce of proposed rulemaking by cross-re ference to temporary regula- tions and no tice of public hearing. SUMMARY: In this issue of the Bulletin, the IRS is issuing temporary regulations (T.D. 9538) relating to whether an ex- change for purposes of §1.1001–1(a) occurs for the nonassigning counterparty when there is an assignment of certain derivative contracts. The text of those regulations also serves as the text of these proposed regulations. This document also provides notice of a public hearing on these proposed regulations. DATES: Written or electronic comments must be received by October 20, 2011. Outlines of topics to be discussed at the public hearing scheduled for October 27, 2011, must be received by October 20, 2011. ADDRESSE S: Send submissions to: CC:PA:LP D:PR(REG–109006–11), room 520 3, Internal Revenue Ser- vice, PO Box 7604, Ben Franklin Sta- tion, Wa shington, DC 20044. Submis- sions ma y be hand-delivered Monday through Friday between the hours of 8 a.m. and 4p.m. toCC:PA:LPD:PR (REG–1 09006–11), Courier’s Desk, Inter- nal Rev enue Service, 1111 Constitution Avenue ,N.W.,Washington,DC,orsent electr onically, via the Federal eRulemak- ing Por tal atwww.regulations.gov(IRS REG–1 09006–11). The public hearing will b e held in the IRS Auditorium, Inter nal Revenue Building, 1111 Const itution Avenue, N.W., Washington, DC. FOR FURTHER IN FORMATION CONTACT: Conc erning the proposed regulations, Andrea M. Hoffenson, (202) 622–3920; con cerning submissions of comments, the hearing, and/or to be placed on the buildi ng access list to attend the hearing, Olu wafunmilayo (Funmi) Taylor, (202) 622–71 80 (not toll-free numbers). SUPPLEMENTA RY INFORMATION: Background a nd Explanation of Provisions Temporary r egulations in this issue of the Bulleti n amend the Income Tax Regu- lations (26 CFR part 1) relating to section 1001. The te mporary regulations provide that the tra nsfer or assignment of a deriva- tive contr act in certain situations is not an exchange t o the nonassigning counterparty for purpos es of §1.1001–1(a). The text of the tempor ary regulations also serves as the text of these proposed regulations. The preamble to the temporary regulations ex- plains th eamendments. Special A nalyses It has bee n determined that this notice of propos ed rulemaking is not a significant regulato ry action as defined in Executive Order 128 66. Therefore, a regulatory assessm ent is not required. It also has been det ermined that section 553(b) of the Adminis trative Procedure Act (5 U.S.C. chapter 5) does not apply to these reg- ulatio ns, and because the regulations do not imp ose a collection of information on small e ntities, the Regulatory Flexibility Act (5 U .S.C. chapter 6) does not apply. Pursua nt to section 7805(f) of the Internal Reven ue Code, this notice of proposed rulem aking has been submitted to the Chief Counsel for Advocacy of the Small Busin ess Administration for comment on its im pact on small businesses. Comme nts and Public Hearing Befor e these proposed regulations are adopt ed as final regulations, consideration will be given to any written comments (a si gned original and eight (8) copies) or el ectronic comments that are submitted time ly to the IRS. The IRS and the Trea- sury Department specifically request com- ments on the cl arity of the proposed rule andhowitmayb e made easier to under- stand. All com ments will be available for public inspec tion and copying. A public heari ng has been scheduled forOctober27 , 2011, beginning at 10 a.m. in the IRS Audi torium, Internal Revenue Building, 11 11 Constitution Avenue, N.W., Washin gton, DC. Due to building security pro cedures, visitors must enter through the C onstitution Avenue entrance. In addition , all visitors must present photo ident ification to enter the building. Because of a ccess restrictions, visitors will not be a dmitted beyond the immediate entrance a rea more than 30 minutes before the hearin g starts. For information about having you r name placed on the building access lis t to attend the hearing, see the “FOR FURTH ER INFORMATION CONTACT” section of this preamble. The rules of 26 CFR 601.601(a)(3) ap- plytothe hearing. Persons who wish to present o ral comments at the hearing must submit wr itten or electronic comments and an outlin e of the topics to be discussed and the time to be devoted to each topic (signed origina l and eight (8) copies) by Thursday, October 20, 2011. A period of 10 minutes will be a llotted to each person for making comment s. An agenda showing the sched- uling o f the speakers will be prepared af- ter the deadline for receiving outlines has passed . Copies of the agenda will be avail- able fr ee of charge at the hearing. Drafti ng Information The pri ncipal author of these regula- tions i s Andrea M. Hoffenson, Office of Assoc iate Chief Counsel (Financial Insti- tutio ns and Products). However, other perso nnel from the IRS and the Treasury Depar tment participated in their develop- ment. ***** Proposed Amendments to the Regulations Accordingly, 26 CFR part 1 is proposed to be amended as follows: September 12, 20113342011–37 I.R.B. PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.1001–4 is revised to read as follows: §1.1001–4 Modifications of certain derivative contracts. [The text of the proposed amendments to §1.1001–4 is the same as the text for §1.1001–4T(a) through (d) published else- where in this issue of the Bulletin]. Steven T. Miller, Deputy Commissioner for Services and Enforcement. (Filed by the Office of the Federal Register on July 21, 2011, 8:45 a.m., and published in the issue of the Federal Register for July 22, 2011, 76 F.R. 43957) List of Nonbank Trustees and Custodians Announcement 2011–59 The following is a list of entities that have been approved by the Commis- sioner of Internal Revenue, pursuant to § 1.408–2(e) of the Income Tax Regula- tions, to serve as a nonbank trustee or cus- todian. This list updates and supersedes the list published with Announcement 2007–47, 2007–1 C.B. 1260. Archer medical savings accounts (Archer MSAs) established under § 220 of the Internal Revenue Code, health savings accounts described in§ 223, custodial accounts of retirement plans qualified un- der § 401, custodial accounts described in § 403(b)(7), trust or custodial accounts of individual retirement accounts (IRAs) established under §§ 408 and 408A (Roth IRAs), Coverdell education savings ac- counts described in §530, and custodial accounts of eligible deferred compensa- tion plans described in § 457(b) will not be tax-exempt if the trustee or custodian of such accounts is not a bank (as defined in §408(n),andinthecaseofArcherMSAs and health savings accounts, a bank within the meaning of § 408(n) or an insurance company within the meaning of § 816) or an approved nonbank trustee or custodian. An entity that is not a bank (as defined in § 408(n), and in the case of Archer MSAs and health savings accounts, a bank within the meaning of § 408(n) or an in- surance company within the meaning of § 816) must receive approval from the Ser- vice to serve as a nonbank trustee or cus- todian. A prospective nonbank trustee or custodian must file a written application with the Commissioner of Internal Rev- enue demonstrating that the requirements of § 1.408–2(e)(2) through §1.408–2(e)(7) of the regulations will be met. If the ap- plication is approved, a written Notice of Approval will be issued to the applicant. The Notice of Approval will state the day on which it becomes effective, and (ex- cept as otherwise provided therein) will re- main effective until revoked by the Ser- vice or withdrawn by the applicant. Enti- ties that have received such approval from the Service may also sponsor certain re- tirement plans, custodial accounts under § 403(b)(7) and individual retirement ar- rangements established under §§ 408 and 408A (See Rev. Proc. 2005–16, 2005–1 C.B. 674, and Rev. Proc. 87–50, 1987–2 C.B. 647, as modified.) A prospective nonbank trustee or custo- dian may not accept any fiduciary account before such Notice of Approval becomes effective. In addition, a nonbank trustee or custodian may not accept a fiduciary ac- count until after the plan administrator or the person for whose benefit the account is to be established is furnished with a copy of the written Noticeof Approval issued to the applicant. The continued reliance on a Notice of Approval is dependent upon the continued satisfaction of the nonbank trustee require- ments set forth in the regulations. The Notice of Approval issued to an applicant will be revoked if the Commissioner de- termines that the applicant is unwilling or unable to administer fiduciary accounts in a manner consistent with the requirements of the regulations. Generally, the notice will not be revoked unless the Commis- sioner determines that the applicant has knowingly, willfully or repeatedly failed to administer fiduciary accounts in a man- ner consistent with the requirements of the regulations, or has administered a fidu- ciary account in a grossly negligent man- ner. The written Notice of Approval to serve as a nonbank trustee or custodian is not an endorsement of any investment made with respect to any retirement plan or arrange- ment handled by the approved nonbank trustee or custodian. The Internal Revenue Service does not review or approve invest- ments. If the trustee or custodian of an account described above is not a bank (and in the case of Archer MSAs and health savings accounts, a bank or an insurance company) or an approved nonbank trustee or cus- todian, the amounts held in such account (including earned interest) will be deemed distributed and includible in gross income in the year(s) the account’s trustee or cus- todian was not a bank or, if applicable, an insurance company, or an approved non- bank trustee or custodian. Contributions made to such account are not deductible from gross income and will be disallowed if claimed on an income tax return. This list of approved nonbank trustees and custodians includes names, addresses and the date each application was ap- proved. If an approved nonbank trustee or cus- todian believes that the information on the list below is incorrect or incomplete or it has been improperly omitted from this list, it may notify the Service in writing of any changes it proposes to the list. This notifi- cation should include a copy of the original Notice of Approval. The notification should be addressed to: Internal Revenue Service SE:T:EP:RA:T1 1111 Constitution Ave. NW – PE Washington, DC 20224 Drafting Information The principal author of this announce- ment is Eric Slack of the Employee Plans, Tax Exempt and Government Entities Division. Please contact Mr. Slack at 202–283–9576 (not a toll-free number), if there are any questions regarding the publication of this list. Written inquiries concerning this announcement should be addressed to the Internal Revenue Service at the above address. 2011–37 I.R.B.335September 12, 2011 Approved Nonbank Trustees/Custodians as of September 1, 2011 Nonbank Trustees Approved as of September 1, 2011 Name AddressApproval Date American Enterprise Investment Services, Inc. 5226 Ameriprise Financial Center, Minneapolis, MN 55474 8/4/2009 Bank Leumi Le — Israel B.N., Western Hemisphere Regional Mgt. 420 Lexington Ave., New York, NY 10170 2/10/1982 Barclays Capital, Inc.200 Park Ave., New York, NY 10166 12/3/2009 Brethren in Christ FoundationPO Box 290, 413 Grantham Rd., Grantham, PA 17027 3/25/1983 Charles Schwab & Co., Inc.211 Main Street, San Francisco, CA 94105–1905 1/8/1982 CIBC World Markets Corporation 425 Lexington Ave., New York, NY 1001 7/26/1977 Citi Fund Services, Inc. 3425 Stelzer Rd. Columbus, OH, 43219 12/31/2003 Citigroup Global Markets, Inc. 425 Park Ave., 7 th Floor, New York, NY 10027 7/22/1985 Clearview Correspondent Services, LLC8006 Discovery Drive, Richmond, VA 23229 9/10/2007 Commonwealth of Kentucky 105 Sea Hero Road, Suite 1, Frankfort, KY 40601–8862 6/5/2006 Comprehensive Investment ServicesOne Moody Plaza, Galveston, TX 77550 6/16/2000 Croatian Fraternal Union Of America100 Delaney Drive, Pittsburgh, PA 15235 10/12/2006 D.A. Davidson & Co.Davidson Building #8 Third Street North, Great Falls, MT 59403 6/11/1982 Davenport & Co. of Virginia, Inc.901 E. Cary Street, Richmond, VA 23219 2/2/1987 Davenport & Company LLC901 E. Cary Street, Richmond, VA 23219 3/31/1997 Deutsche Bank Securities Inc.1 South Street, Baltimore, MD 21203 4/11/1994 E*Trade Clearing LLC 135 East 57 th Street, New York, NY 10022 9/3/2002 Edward D. Jones & Co., L.P.201 Progress Parkway, Maryland Height, MO 63043 5/30/1985 First Clearing, LLC (FKA First Clearing Corporation)One North Jefferson Ave. (MO–3870), St. Louis, MO 63103 5/30/2003 September 12, 20113362011–37 I.R.B. Gleacher & Company Securities, Inc.677 Broadway, Albany, NY 12207 9/26/1979 Goldman, Sachs & Co.200 West Street, New York, NY 10282 12/8/1982 Goldman Sachs Execution and Clearing, L.P.200 West Street, New York, NY 10282 3/29/1996 Greater Beneficial Union of Pittsburgh 4254 Clairton Blvd., Pittsburgh, PA 15227–3394 9/24/2004 Greek Catholic Union of the U.S.A. 5400 Tuscarawas Rd., Beaver, PA 15009–9513 5/24/2000 GuideStone Trust Services2401 Cedar Springs Rd., Dallas, TX 75202–1498 4/10/2001 H.G. Wellington & Co., Inc.140 Broadway, New York, NY 10005 9/13/1993 Hartford Life Insurance Co.One Hartford Plaza, Hartford, CT 06155 3/3/1982 Hartford Securities Distribution Company200 Hopmeadow Street, Simsbury, CT 06089 3/9/2006 HealthEquity, Inc. 15 West Scenic Pointe Drive, Suite 400, Draper, UT 84020 2/27/2006 Illinois Mutual Life Insurance Company300 Southwest Adams Street, Peoria, IL 61634 12/31/2003 ING Direct Investing, Inc.83 South King Street, Suite 700, Seattle, WA 98104 4/15/2003 ISDA Fraternal Association419 Wood St., Pittsburgh, PA 15222 10/28/2004 Isler Northwest, LLC1300 SW Fifth Ave., Suite 2900, Portland, OR 97201–5636 10/5/1978 J.J.B. Hilliard, W.L. Lyons, LLC 500 W. Jefferson Street, Louisville, KY 40202 2/11/1992 J.P. Morgan Clearing Corp.One Metrotech Center North, Brooklyn, NY 11201–3859 6/24/1991 Janney Montgomery Scott, LLC1801 Market Street, Philadelphia, PA 19103 3/23/1982 John Hancock Life & Health Insurance Company380 Stuart Street, Boston, MA 02116 11/10/2009 John Hancock Mutual Life Insurance CompanyJohn Hancock Place, 200 Clarendon, Boston, MA 02117 8/24/1993 Kagin Numismatic Services, Ltd. 1550 Tiburon Blvd., #201, Tiburon, CA 94920 3/18/1980 KH Funding Company10801 Lockwood Drive, Suite 370, Silver Spring, MD 20901 2/13/2002 2011–37 I.R.B.337September 12, 2011 MEGA Life and Health Insurance Company (The) 9151 Boulevard 26, North Richland Hills, TX 76180 5/29/1991 Merrill, Lynch, Pierce, Fenner & Smith, Inc.Attn: Manager, Retirement & Distribution Services, 1400 Merrill Lynch Drive, MSC 0401S, Pennington, NJ 08534 8/3/1987 Merrimack Valley Investment, Inc.109 Merrimack Street, Haverhill, MA 01830 9/28/1984 Mesirow Financial, Inc. 350 N. Clark Street, Chicago, IL 60610 5/28/1982 Mid-Ohio Securities Corp. 225 Burns Road, Elyria, OH 44036 1/28/1983 MII Life, Inc. dba Select AccountPO Box 64193, St. Paul, MN 55164–0193 6/29/2007 Moody Bible Institute of Chicago820 N La Salle Boulevard, Chicago, IL 60610–3284 4/25/2003 Morgan Keegan & Company, Inc.Morgan Keegan Tower, Fifty Front Street, Memphis, TN 38108 1/27/1982 Morgan Stanley & Co. Incorporated c/o Tax Department, 25 th Floor, 1633 Broadway, New York, NY 10019 3/22/2004 Morgan Stanley Smith Barney2000 Westchester Ave., Purchase, NY 10577 1/27/2010 National Slovak Society of the USA 351ValleyBrookRoad, McMurray, PA 15317–3337 10/28/2004 NBC Securities, Inc.1927 First Avenue North, Birmingham, AL 35203 7/16/1996 Neuberger Berman LLC 605 Third Ave., New York, NY 10158–3698 10/4/1993 Oxford Life Insurance Company2721 North Central Avenue, Phoenix, AZ 85004 8/25/2011 PayFlex Systems USA, Inc.10802 Farnam Drive, Omaha, NE 68154 6/10/2011 Pension Fund of The Christian Church130 East Washington Street, 11 th Floor, Indianapolis, IN 46204 5/14/2009 Penson Financial Services, Inc.1700 Pacific Avenue, Suite 1400, Dallas, TX 75201 6/9/2005 Perelman-Carley & Associates, Inc.Twin Towers 3000 Farnam Street, Omaha, NE 68131 1/13/1989 Perkins Coie, LLP1201 Third Ave., Suite 4800, Seattle, WA 98101 8/22/2004 Pershing LLCOne Pershing Plaza, Jersey City, NJ 07399 12/4/1985 September 12, 20113382011–37 I.R.B. PFS Investments, Inc.3120 Breckenridge Boulevard, Duluth, GA 3099 9/28/1995 Pioneer Financial Services, Inc.4700 Belleview, Suite 300, Kansas City, MO 64112 1/25/1985 Pioneer Investment Management USA.60 State Street, Boston, MA 02109 2/21/1986 Piper Jaffray & Co.Piper Jaffray Center, 800 Nicollet Mall, Minneapolis, MN 55402–7020 4/21/1982 Polish Falcons of America 615IronCityDrive, Pittsburgh, PA 15205–4397 11/3/2004 PrimeVest Financial Services, Inc.400 First Street South, St. Cloud, MN 56301–3600 12/8/1993 Principal Life Insurance Company711 High Street, Des Moines, IA 50392–0001 7/27/1988 PWMCO, LLC311 South Wacker Drive, Suite 2360, Chicago, IL 60606 1/6/2005 Raymond James & Associates, Inc.880 Carillon Parkway, PO Box 12749, St. Petersburg, FL 33733–2749 3/8/1982 RBC Capital MarketsDain Rauscher Plazza, 60 South Sixth Street, Minneapolis, MN 55402–4422 1/22/1982 RBC Capital MarketsDain Rauscher Plazza, 60 South Sixth Street, Minneapolis, MN 55402–4422 3/2/1998 Reserve Management Company, Inc. 1250 Broadway, 32nd Floor, New York, NY 10001 10/18/1989 Ridge Clearing and Outsourcing Solutions, Inc.1981 Marcus Ave., Lake Success, NY 11042 5/3/1983 Robert W. Baird & Co., Inc.777 E. Wisconsin Ave., Milwaukee, WI 53202 6/10/2004 Scottrade, Inc.12800 Corporate Hill Drive, St. Louis, MO 63131 10/9/1996 SMA Services, Inc. 35 Lakeshore Drive, Birmingham, AL 35209 8/27/1998 Smith, Moore & Co.7777 Bonhomme Ave., Suite 2400, Clayton, MO 63105 1/18/1983 Southwest Securities, Inc.Renaissance Tower Suite 4300, 1201 Elm Street, Dallas, TX 75270 12/9/1992 2011–37 I.R.B.339September 12, 2011 Stephens, Inc.111 Center Street, Little Rock, AR 72201 12/4/1987 Sterne, Agee & Leach, Inc.800 Shades Creek Pkwy, Suite 700, Birmingham, AL 35209 9/11/1981 Stifel, Nicolaus & Co., Inc. One Financial Plaza, 501 North Broadway, St. Louis, MO 63102 9/9/1981 StockCross Financial Services, Inc.9464 Wilshire Boulevard, Beverly Hills, CA 90212 8/2/2010 TD Ameritrade, Inc.4211South 102nd Street, Omaha, NE 68127–1031 4/18/1984 TIAA-CREF Individual & Institutional Services, Inc.730 Third Avenue, New York, NY 10017 9/9/2002 Turlington & Co. 509 East Center Street, Lexington, NC 27292 11/3/1980 UBS Financial Services, Inc.1200 Harbor Blvd., 8 th Floor, Weehawken, NJ 07086 5/12/1989 Ukrainian National Association2200 Route 10, Parsippany, NJ 07054 9/24/2004 Unified Financial Securities,Inc.2960 N. Meridian Street, Suite 300, Indianapolis, IN 46208 10/28/1976 Variable Annuity Life Insurance Company2929 Allen Parkway, Houston, TX 77019 3/16/2006 W.H. Reaves & Co., Inc,10 Exchange Place, Jersey City, NJ 07302 12/7/1990 Wedbush Morgan Securities1000 Wilshire Boulevard, Los Angeles, CA 90030 12/24/1984 Wells Advisors, Inc.6200 The Corners Pkwy, Norcross, GA 30092 3/20/1992 Wells Fargo Advisors, LLC1 North Jefferson Ave., St. Louis, MO 63103 7/1/2003 September 12, 20113402011–37 I.R.B. 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. 2011–37 I.R.B.iSeptember 12, 2011 Numerical Finding List 1 Bulletins 2011–27 through 2011–37 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 2011-59, 2011-37 I.R.B.335 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 2011-70, 2011-32 I.R.B.135 2011-71, 2011-37 I.R.B.233 Proposed Regulations: REG-137128-08, 2011-28 I.R.B.43 REG-125592-10, 2011-32 I.R.B.137 REG-131491-10, 2011-36 I.R.B.208 REG-101352-11, 2011-30 I.R.B.75 REG-109006-11, 2011-37 I.R.B.334 REG-118809-11, 2011-33 I.R.B.162 REG-122813-11, 2011-35 I.R.B.197 Revenue Procedures: 2011-38, 2011-30 I.R.B.66 2011-39, 2011-30 I.R.B.68 Revenue Procedures— Continued: 2011-41, 2011-35 I.R.B.188 2011-40, 2011-37 I.R.B.235 2011-42, 2011-37 I.R.B.318 2011-43, 2011-37 I.R.B.326 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 2011-19, 2011-36 I.R.B.199 2011-20, 2011-36 I.R.B.202 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 9537, 2011-35 I.R.B.181 9538, 2011-37 I.R.B.229 9539, 2011-35 I.R.B.179 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. September 12, 2011ii2011–37 I.R.B. Finding List of Current Actions on Previously Published Items 1 Bulletins 2011–27 through 2011–37 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 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 2002-55 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 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 2011-14 Modified by Rev. Proc. 2011-43, 2011-37 I.R.B.326 Revenue Rulings: 58-225 Obsoleted by Rev. Rul. 2011-15, 2011-30 I.R.B.57 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. 2011–37 I.R.B.iiiSeptember 12, 2011 September 12, 20112011–37 I.R.B. INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. 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