us-irs-revenue-rulings-irb-2018-18-pdf•Internal Revenue Bulletin 2018-18 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2018-18 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2018-18-pdfInternal Revenue Bulletin 2018-18 (PDF rendition): IRS Revenue RulingsGuidance
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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. Administrative Notice 2018–38, page 522. This notice provides guidance to corporations on changes made by recent legislation to federal income tax rates for corporations under § 11(b) of the Internal Revenue Code (Code) and the alternative minimum tax for corporations under § 55 and the application of § 15 in determining the federal income tax (including the alternative minimum tax) of a corpo- ration for a tax year that begins before January 1, 2018 and ends after December 31, 2017. Rev. Proc. 2018–22, page 524. This procedure modifies and supersedes sections 3.08 and 3.10 of Rev. Proc. 2018 –18, 2018 –10 I.R.B. 392. Section 3.08 is amended to reflect an increase in the state housing credit ceiling enacted pursuant to Division T, of the Consoli- dated Appropriations Act, 2018, P.L. 115–141. Section 3.10 is amended to correct an error concerning the alternative minimum tax phaseout threshold amount for estates and trusts. Rev. Proc. 2018–25, page 543. This revenue procedure provides: (1) tables of limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2018; and (2) a table of amounts that must be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2018. For purposes of this revenue procedure, the term “passenger automobiles” in- cludes trucks and vans. Employment Tax Rev. Proc. 2018–24, page 525. This procedure provides general rules and specifications from the IRS for paper and computer– generated substitutes for Form 941, Schedule B (Form 941), Schedule D (Form 941), Schedule R (Form 941) and Form 8974. This procedure will be reproduced as the next revision of Publication 4436. 2017– 32, 2017–17 I.R.B. 1109, dated April 24, 2017, is super- seded. Estate Tax Rev. Proc. 2018–22, page 524. This procedure modifies and supersedes sections 3.08 and 3.10 of Rev. Proc. 2018 –18, 2018 –10 I.R.B. 392. Section 3.08 is amended to reflect an increase in the state housing credit ceiling enacted pursuant to Division T, of the Consoli- dated Appropriations Act, 2018, P.L. 115–141. Section 3.10 is amended to correct an error concerning the alternative minimum tax phaseout threshold amount for estates and trusts. Income Tax Notice 2018–35, page 520. This notice provides transitional guidance relating to advance payments under Rev. Proc. 2004 –34, 2004 –1 C.B. 991, as modified and clarified by Rev. Proc. 2011–18, 2011–5 I.R.B. 443, and Rev. Proc. 2013–29, 2013–33 I.R.B. 141, and as modified by Rev. Proc. 2011–14, 2011– 4 I.R.B. 330. Section 13221 of “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” Pub. L. 115–97, amended section 451 of the Finding Lists begin on page ii. Bulletin No. 2018–18 April 30, 2018 Internal Revenue Code. This notice provides that taxpayers, with or without applicable financial statements, receiving ad- vance payments may continue to rely on Rev. Proc. 2004 –34 until future guidance is effective. Notice 2018–37, page 521. This notice announces that the Department of the Treasury and the Internal Revenue Service intend to issue regulations pro- viding clarification of the application of the effective date pro- visions concerning the repeal of section 682 of the Internal Revenue Code enacted on December 22, 2017, by “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution of the budget for fiscal year 2018,” P.L. 115–97 (Act). The regulations will provide that section 682, as in effect prior to December 22,2017, will continue to apply with regard to trust income payable to a former spouse who was divorced or legally separated under a divorce or separation instrument (as defined in section 71(b)(2)) executed on or before December 31, 2018, unless such instrument is modi- fied after that date and the modification provides that the changes made by the Act apply to the modification. The notice also requests comments on whether guidance is needed with respect to the application of sections 672(e)(1)(A), 674(d), and 677 of the Code to trusts for the benefit of a spouse following a divorce or separation. Rev. Proc. 2018–22, page 524. This procedure modifies and supersedes sections 3.08 and 3.10 of Rev. Proc. 2018 –18, 2018 –10 I.R.B. 392. Section 3.08 is amended to reflect an increase in the state housing credit ceiling enacted pursuant to Division T, of the Consoli- dated Appropriations Act, 2018, P.L. 115–141. Section 3.10 is amended to correct an error concerning the alternative minimum tax phaseout threshold amount for estates and trusts. Rev. Proc. 2018–24, page 525. This procedure provides general rules and specifications from the IRS for paper and computer– generated substitutes for Form 941, Schedule B (Form 941), Schedule D (Form 941), Schedule R (Form 941) and Form 8974. This procedure will be reproduced as the next revision of Publication 4436. 2017– 32, 2017–17 I.R.B. 1109, dated April 24, 2017, is super- seded. Rev. Proc. 2018–26, page 546. This revenue procedure provides certain remedial actions that issuers of State and local tax-exempt bonds and other tax- advantaged bonds (as defined in § 1.150 –1(b) of the Income Tax Regulations) may take to preserve the tax-advantaged status of the bonds when certain nonqualified uses of the bond proceeds occur. Rev. Rul. 2018–11, page 518. The revenue ruling provides the dollar amounts, increased by the 2018 adjustment for inflation, to determine whether a debt instrument is a qualified debt instrument or a cash method debt instrument under section 1274A of the Internal Revenue Code. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and en- force the law with 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. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of internal management are not published; however, statements of inter- nal 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, identify- ing 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.—1986 Code. This part includes rulings and decisions based on provisions of the Internal 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, Legisla- tion 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 Sec- retary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and 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 contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. April 30, 2018Bulletin No. 2018–18 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 1274A.—Special Rules for Certain Trans- actions Where Stated Principal Amount Does Not Exceed $2,800,000 26 CFR 1.1274A–1: Special rules for certain trans- actions where stated principal amount does not ex- ceed $2,800,000. (Also §§ 483, 1274.) Rev. Rul. 2018–11 This revenue ruling provides the dollar amounts, increased by the 2018 adjust- ment for inflation, for § 1274A of the Internal Revenue Code. BACKGROUND In general, §§ 483 and 1274 determine the principal amount of a debt instrument given in consideration for the sale or ex- change of nonpublicly traded property. In addition, any interest on a debt instrument subject to § 1274 is taken into account under the original issue discount provi- sions of the Code. Section 1274A, how- ever, modifies the rules under §§ 483 and 1274 for certain types of debt instruments. In the case of a “qualified debt instru- ment,” the discount rate used for purposes of §§ 483 and 1274 may not exceed nine percent, compounded semiannually. Sec- tion 1274A(b) defines a qualified debt in- strument as any debt instrument given in consideration for the sale or exchange of property (other than new § 38 property within the meaning of § 48(b), as in effect on the day before the date of enactment of the Revenue Reconciliation Act of 1990) if the stated principal amount of the in- strument does not exceed the amount specified in § 1274A(b). For debt instru- ments arising out of sales or exchanges before January 1, 1990, this amount is $2,800,000. In the case of a “cash method debt instrument,” as defined in § 1274A(c), the borrower and lender may elect to use the cash receipts and disbursements method of accounting. In particular, for any cash method debt instrument, § 1274 does not apply, and interest on the instrument is accounted for by both the borrower and the lender under the cash receipts and disbursements method of accounting. A cash method debt instrument is a qualified debt instrument that meets the following additional requirements: (A) in the case of a debt instrument arising out of a sale or exchange before January 1, 1990, the stated principal amount does not exceed $2,000,000; (B) thelender does not use an accrual method of accounting and is not a dealer with respect to the property sold or exchanged; (C) § 1274 would have applied to the debt instrument but for an election under § 1274A(c); and (D) an election under § 1274A(c) is jointly made with respect to the debt instrument by the borrower and the lender. Section 1.1274A–1(c)(1) of the In- come Tax Regulations provides rules con- cerning the time for, and manner of, making this election. For taxable years beginning on or be- fore December 31, 2017, § 1274A(d)(2) provided that, for any debt instrument arising out of a sale or exchange during any calendar year after 1989, the dollar amounts stated in § 1274A(b) and § 1274A(c)(2)(A) were increased by the inflation adjustment for the calendar year. Any increase due to the inflation adjust- ment was rounded to the nearest multiple of $100 (or, if the increase was a multiple of $50 and not of $100, the increase was increased to the nearest multiple of $100). The inflation adjustment for any calendar year was the percentage (if any) by which the CPI for the preceding calendar year exceeded the CPI for calendar year 1988. Section 1274A(d)(2)(B) defined the CPI for any calendar year as the average of the Consumer Price Index as of the close of the 12-month period ending on September 30 of that calendar year. For taxable years beginning after De- cember 31, 2017, section 11002(d)(10) of An Act to provide for reconciliation pursu- ant to titles II and V of the concurrent resolution on the budget for fiscal year 2018, Pub. L. 115–97 (the Act), amended § 1274A(d)(2) to change the calculation of the adjustments for inflation. As amended by the Act, § 1274A(d)(2) provides that the dollar amounts stated in § 1274A(b) and (c)(2)(A) areeach increased by an adjust- ment for inflation determined by multi- plying the stated amount by the cost-of- living (COL) adjustment determined under § 1(f)(3) for the calendar year in which the taxable year begins, by sub- stituting “calendar year 1988” for “cal- endar year 2016” in § 1(f)(3)(A)(ii). Thus, for purposes of § 1274A(d)(2), the COL adjustment for any calendar year is the percentage (if any) by which (i) the C-CPI-U for the preceding calendar year exceeds (ii) the CPI for calendar year 1988, multiplied by the amount deter- mined in § 1(f)(3)(B). The amount de- termined in § 1(f)(3)(B) is the C-CPI-U for calendar year 2016 divided by the CPI for calendar year 2016. Section 1(f)(4) defines the CPI for any calendar year as the average of the Consumer Price Index for All Urban Consumers as of the close of the 12-month period end- ing on August 31 of that calendar year. Section 1(f)(6)(B) defines the C-CPI-U for any calendar year as the average of the Chained Consumer Price Index for All Ur- ban Consumers as of the close of the 12- month period ending on August 31 of such calendar year. Under § 1274A(d)(2), any increase in an adjustment for inflation is rounded to the nearest multiple of $100 (or, if such increase is a multiple of $50, such increase shall be increased to the nearest multiple of $100). INFLATION-ADJUSTED AMOUNTS UNDER § 1274A For debt instruments arising out of sales or exchanges after December 31, 1989, the inflation-adjusted amounts un- der § 1274A are shown in Table 1. April 30, 2018Bulletin No. 2018–18 518 Rev. Rul. 2018–11 Table 1 Inflation-Adjusted Amounts Under Section 1274A Calendar Year of Sale or Exchange 1274A(b) Amount (qualified debt instrument) 1274A(c)(2)(A) Amount (cash method debt instrument) 1990$2,933,200$2,095,100 1991$3,079,600$2,199,700 1992$3,234,900$2,310,600 1993$3,332,400$2,380,300 1994$3,433,500$2,452,500 1995$3,523,600$2,516,900 1996$3,622,500$2,587,500 1997$3,723,800$2,659,900 1998$3,823,100$2,730,800 1999$3,885,500$2,775,400 2000$3,960,100$2,828,700 2001$4,085,900$2,918,500 2002$4,217,500$3,012,500 2003$4,280,800$3,057,700 2004$4,381,300$3,129,500 2005$4,483,000$3,202,100 2006$4,630,300$3,307,400 2007$4,800,800$3,429,100 2008$4,913,400$3,509,600 2009$5,131,700$3,665,500 2010$5,115,100$3,653,600 2011$5,201,300$3,715,200 2012$5,339,300$3,813,800 2013$5,468,200$3,905,900 2014$5,557,200$3,969,500 2015$5,647,300$4,033,800 2016$5,664,800$4,046,300 2017$5,717,400$4,083,800 2018$5,831,500 1 $4,165,300 2 Notes:The inflation adjustments for 1990-2017 were computed using the All-Urban, Consumer Price Index, 1982–1984 base, published by the Bureau of Labor Statistics. For taxable years beginning after December 31, 2017, the adjustment for inflation is computed using the Chained Consumer Price Index for All Urban Consumers, 1999 base, and the All-Urban, Consumer Price Index, 1982–1984 base, both published by the Bureau of Labor Statistics. EFFECT ON OTHER DOCUMENTS Rev. Rul. 2016–30, 2016–52 I.R.B. 876, is supplemented and superseded. DRAFTING INFORMATION The author of this revenue ruling is Jason Eisenberg of the Office of Associate Chief Counsel (Financial Institutions & Products). For further information regarding this reve- nue ruling, contact Jason Eisenberg at (202) 317-7053 (not a toll-free number). 1 For a debt instrument arising out of a sale or exchange that occurs after December 31, 2017, and before April 30, 2018, or for a debt instrument arising out of a sale or exchange that occurs on or after April 30, 2018, pursuant to a binding written contract entered into before April 30, 2018, a taxpayer, however, may use $5,834,700 as the section 1274A(b) amount to determine whether the debt instrument is a qualified debt instrument. The methodology used prior to January 1, 2018, was used to compute the inflation-adjusted amount for a qualified debt instrument in the preceding sentence. 2 For a debt instrument arising out of a sale or exchange that occurs after December 31, 2017, and before April 30, 2018, or for a debt instrument arising out of a sale or exchange that occurs on or after April 30, 2018, pursuant to a binding written contract entered into before April 30, 2018, a taxpayer, however, may use $4,167,600 as the section 1274A(c)(2)(A) amount to determine whether the debt instrument is a cash method debt instrument. The methodology used prior to January 1, 2018, was used to compute the inflation-adjusted amount for a cash method debt instrument in the preceding sentence. Bulletin No. 2018–18April 30, 2018 519 Part III. Administrative, Procedural, and Miscellaneous 26 CFR 601.204: Changes in accounting periods and method of accounting.(Also: Part I, Sections 446, 451; 1.451–1.) Notice 2018–35 SECTION 1. PURPOSE This notice provides transitional guid- ance relating to advance payments under Rev. Proc. 2004–34, 2004–1 C.B. 991, as modified and clarified by Rev. Proc. 2011–18, 2011–5 I.R.B. 443, and Rev. Proc. 2013–29, 2013–33 I.R.B. 141, and as modified by Rev. Proc. 2011–14, 2011–4 I.R.B. 330. Section 13221 of “An Act to provide for reconciliation pursuant to titles II and V of the concurrent reso- lution on the budget for fiscal year 2018,” Pub. L. No. 115–97 (December 22, 2017) (the “Act”) amended § 451 of the Internal Revenue Code. The amendments included a new section 451(c), which allows ac- crual method taxpayers to elect a limited deferral of the inclusion of income asso- ciated with certain advance payments. The rules in new § 451(c) largely track the approach in Rev. Proc. 2004–34. The De- partment of the Treasury (Treasury De- partment) and the Internal Revenue Ser- vice (the Service) expect to issue future guidance regarding the treatment of ad- vance payments to implement this legis- lative change. Taxpayers, with or without applicable financial statements, receiving advance payments may continue to rely on Rev. Proc. 2004–34 until future guid- ance is effective. SECTION 2. BACKGROUND Section 451(a) provides that the amount of any item of gross income is included in gross income for the taxable year in which received by the taxpayer, unless, under the method of accounting used in computing taxable income, the amount is to be properly accounted for as of a different period. Section 1.451–1(a) of the Income Tax Regulations provides that, under an ac- crual method of accounting, income is includible in gross income when all the events have occurred that fix the right to receive the income and the amount can be determined with reasonable accuracy. All the events that fix the right to receive income generally occur when: (1) the pay- ment is earned through performance, (2) payment is due to the taxpayer, or (3) payment is received by the taxpayer, whichever happens earliest.SeeRev. Rul. 2003–10, 2003–1 C.B. 288. Rev. Proc. 2004–34 provides a full inclusion method (the Full Inclusion Method) and a deferral method (the De- ferral Method) of accounting for the treat- ment of advance payments for goods, ser- vices, and other items. Under the Full Inclusion Method, advance payments are included in income in the year of receipt. Under the Deferral Method, an advance payment is included in gross income for the taxable year of receipt to the extent recognized in revenue in a taxpayer’s ap- plicable financial statement for that tax- able year or earned (for taxpayers without an applicable financial statement) in that taxable year, and the remaining amount of the advance payment is included in the next succeeding taxable year after the tax- able year in which the payment is re- ceived. Section 13221 of the Act amends § 451 by redesignating subsections (b) through (i) as (d) through (k), respectively, and by inserting new subsections (b) and (c), ef- fective generally for taxable years begin- ning after December 31, 2017. Section 451(b)(1)(A)(i) provides that for an ac- crual method taxpayer, the all events test for any item of gross income shall not be treated as met any later than when the item is taken into account as revenue in an applicable financial statement of the tax- payer. Section 451(c)(1)(A) generally pro- vides that an accrual method taxpayer shall include an advance payment in gross income in the taxable year of receipt. Al- ternatively, under § 451(c)(1)(B), an ac- crual method taxpayer may elect to defer the recognition of all or a portion of an advance payment to the taxable year fol- lowing the taxable year in which the pay- ment is received, except any portion of such advance payment that is required un- der § 451(b) to be included in gross in- come in the taxable year in which the payment is received. Section 451(c)(4)(A) defines an ad- vance payment as any payment: (1) the full inclusion of which in the gross in- come of the taxpayer for the taxable year of receipt is a permissible method of ac- counting, (2) any portion of which is in- cluded in revenue by the taxpayer in an applicable financial statement, or such other financial statement as the Secretary may specify, for a subsequent taxable year, and (3) which is for goods, services, or such other items as may be identified by the Secretary. Section 451(c) generally contains rules similar to Rev. Proc. 2004– 34.SeeH.R. Rep. No. 115–466, at 429 (2017) (Conf. Rep.). SECTION 3. INTERIM GUIDANCE FOR REV. PROC. 2004 –34 The Treasury Department and the Service expect to issue guidance for the treatment of advance payments to im- plement the changes made to § 451 by the Act. Until further guidance for the treatment of advance payments is appli- cable, taxpayers may continue to rely on Rev. Proc. 2004–34 for the treatment of advance payments. During this time, the Service will not challenge a taxpayer’s use of Rev. Proc. 2004–34 to satisfy the requirements of § 451, although the Ser- vice will continue to verify on examina- tion that taxpayers are properly applying Rev. Proc. 2004–34. In addition, the Service intends to modify section 16.07 of Rev. Proc. 2017–30, 2017–18 I.R.B. 1131, to provide a waiver of the eligi- bility rule in section 5.01(1)(f) of Rev. Proc. 2015–13, 2015–5 I.R.B. 419, to enable taxpayers to make a change to a method of accounting that is permitted under Rev. Proc. 2004–34. SECTION 4. REQUEST FOR COMMENTS ON ADVANCE PAYMENTS The Treasury and Service invite com- ments containing suggestions for future guidance under § 451(b) and (c). In par- ticular, comments are requested concern- ing the following issues under § 451(c): (1) whether taxpayers without an applica- ble financial statement may continue to use the Deferral Method, as provided in Rev. Proc. 2004–34; (2) whether clarity is needed for the definition of an applicable financial statement under § 451(b)(3); (3) April 30, 2018Bulletin No. 2018–18 520 whether the definition of applicable finan- cial statement under § 451(b) and (c) should be the same as the definition in section 4.06 of Rev. Proc. 2004–34; (4) whether other items in addition to those listed in section 4.01(3) of Rev. Proc. 2004–34 should be included in the defi- nition of an advance payment; (5) whether certain payments other than those listed in section 4.02 of Rev. Proc. 2004–34 should be excluded from the definition of an advance payment; (6) whether any new procedural rules for changing a method of accounting for advance payments would be appropriate and helpful; and (7) the extent, if any, to which the Service may provide procedures expanding the rules of § 451(c) to apply to additional taxpayers and types of income. WHERE TO SEND COMMENTS Comments must be submitted by May 14, 2018. Comments, identified by Notice 2018–35, may be sent by one of the fol- lowing methods: •By Mail: Internal Revenue Service Attn: CC:PA:LPD:PR (Notice 2018– 35) Room 5203 P.O. Box 7604 Ben Franklin Station Washington, DC 20044 •By Hand or Courier Delivery: Sub- missions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to: Courier’s Desk Internal Revenue Service Attn: CC:PA:LPD:PR (Notice 2018–35) 1111 Constitution Avenue, NW Washington, DC 20224 •Electronic: Alternatively, persons may submit comments electronically to Notice.Comments@irscounsel.treas.gov. Please include “Notice 2018–35)” in the subject line of any electronic communi- cations. All submissions will be available for public inspection and copying in room 1621, 1111 Constitution Avenue, NW, Washington, DC, from 9 a.m. to 4 p.m. SECTION 5. DRAFTING INFORMA- TION The principal author of this notice is Peter E. Ford of the Office of Associate Chief Counsel (Income Tax & Account- ing). For further information regarding this notice, contact Peter E. Ford, at (202) 317-7011 (not a toll-free number). Guidance in Connection with the Repeal of Section 682 Notice 2018–37 SECTION 1. OVERVIEW This notice announces that the Depart- ment of the Treasury (Treasury Depart- ment) and the Internal Revenue Service (IRS) intend to issue regulations provid- ing clarification of the application of the effective date provisions concerning the repeal of § 682 of the Internal Revenue Code (Code) enacted on December 22, 2017, by “An Act to provide for reconcil- iation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” P.L. 115–97 (Act). This notice also requests comments on whether guidance is needed with respect to the application of §§ 672(e)(1)(A), 674(d), and 677 of the Code to trusts for the benefit of a spouse following a divorce or separation. SECTION 2. BACKGROUND Section 71 of the Code as in effect prior to the Act provides rules regarding the tax treatment of alimony and separate mainte- nance payments, with § 71(a) providing that gross income includes amounts received as alimony or separate maintenance payments. Along with certain restrictions, § 71(b)(1) defines the term “alimony or separate main- tenance payment” to mean any payment in cash if such payment is received by (or on behalf of) a spouse under a divorce or sep- aration instrument. Section 71(b)(2) defines the term “divorce or separation instrument” to mean (A) a decree of divorce or separate maintenance or a written instrument inci- dent to such a decree, (B) a written separa- tion agreement, or (C) a decree (not de- scribed in former § 71(b)(2)(A)) requiring a spouse to make payments for the support and maintenance of the other spouse. Section 682 of the Code as in effect prior to the Act provides rules regarding the tax treatment of the income of certain trusts payable to a former spouse who was divorced or legally separated. Section 682(a) provides that there shall be in- cluded in the gross income of a wife who is divorced or legally separated under a decree of divorce or of separate mainte- nance (or who is separated from her hus- band under a written separation agree- ment) the amount of the income of any trust which such wife is entitled to receive and which, except for former § 682, would be includible in the gross income of her husband, and such amount shall not, despite any other provision of subtitle A of the Code, be includible in the gross income of such husband. Section 682(a), however, does not apply to any trust in- come payable under the terms of such decree or agreement or the trust instru- ment for the support of the husband’s mi- nor children. Section 682(b) provides that, for pur- poses of computing the taxable income of the trust and the taxable income of a wife to whom § 682(a) applies, such wife shall be considered as the beneficiary specified in part I of subchapter J of chapter 1 of the Code. Section 7701(a)(17) as in effect prior to the Act provides that, as used in § 682, if the husband and wife therein referred to are divorced, wherever appropriate to the meaning of former § 682, the term “wife” shall be read “former wife” and the term “husband” shall be read “former hus- band;” and, if the payments described in former § 682 are made by or on behalf of the wife or former wife to the husband or former husband instead of vice versa, wherever appropriate to the meaning of former § 682, the term “husband” shall be read “wife” and the term “wife” shall be read “husband.” Section 11051(b)(1)(B) and (C) of the Act prospectively repeal §§ 71 and 682, and § 11051(b)(4)(A) makes conforming amendments to § 7701(a)(17). Section 11051(c) of the Act provides that the amendments made by § 11051 shall apply to: (1) any divorce or separation instru- ment (as defined in former § 71(b)(2)) executed after December 31, 2018, and Bulletin No. 2018–18April 30, 2018 521 (2) any divorce or separation instrument (as so defined) executed on or before such date and modified after such date if the modification expressly provides that the amendments made by such section apply to such modification. SECTION 3. TRUSTS TO WHICH SECTION 682 CONTINUES TO APPLY The regulations will provide that § 682, as in effect prior to December 22, 2017, will continue to apply with regard to trust income payable to a former spouse who was divorced or legally separated under a divorce or separation instrument (as de- fined in § 71(b)(2)) executed on or before December 31, 2018, unless such instru- ment is modified after that date and the modification provides that the changes made by § 11051 of the Act apply to the modification. SECTION 4. REQUEST FOR COMMENTS Section 672(e)(1)(A) of the Code pro- vides that the grantor of a trust shall be treated as holding any power or interest in such trust held by any individual who was the spouse of the grantor at the time of the creation of such power or interest. Section 674(a) of the Code provides, in general, that the grantor shall be treated as the owner of any portion of a trust in respect of which the beneficial enjoyment of the corpus or the income therefrom is subject to a power of disposition, exercis- able by the grantor or a nonadverse party (as defined in § 672(b)), or both, without the approval or consent of any adverse party (as defined in § 672(a)). However, § 674(d) provides that § 674(a) shall not apply to a power solely exercisable (with- out the approval or consent of any other person) by a trustee or trustees, none of whom is the grantor or spouse living with the grantor, to distribute, apportion, or accumulate income to or for a beneficiary or beneficiaries, or to, for, or within a class of beneficiaries, whether or not the conditions of § 674(b)(6) or (7) are satis- fied, if such power is limited by a reason- ably definite external standard which is set forth in the trust instrument. Section 677(a) of the Code provides that the grantor of a trust shall be treated as the owner of any portion of a trust, whether or not the grantor is treated as such owner under § 674, whose income without the approval or consent of any adverse party is, or, in the discretion of the grantor or a nonadverse party, or both, may be distributed to the grantor or the grantor’s spouse, or held or accumulated for future distribution to the grantor or the grantor’s spouse. The Treasury Department and IRS re- quest comments on whether guidance is needed regarding the application of §§ 672(e)(1)(A), 674(d), and 677 follow- ing a divorce or separation in light of the repeal of former § 682. Written comments may be submitted by July 11, 2018 to Internal Revenue Service, CC:PA:LPD:PR (Notice 2018–37), Room 5203, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044, or electronically to Notice.Comments@irscounsel.treas.gov (please include “Notice 2018–37” in the subject line). Alternatively, comments may be hand delivered between the hours of 8:00 a.m. and 4:00 p.m. Monday to Friday to CC:PA:LPD:PR (Notice 2018–37), Couri- er’s Desk, Internal Revenue Service, 1111 Constitution Avenue NW, Washington, D.C. Comments will be available for public inspection and copying. SECTION 5. CONTACT INFORMATION The principal author of this notice is Jen- nifer N. Keeney of the Office of Associate Chief Counsel (Passthroughs & Special In- dustries). For further information regarding this notice contact Jennifer N. Keeney at (202) 317-6850 (not a toll-free number). 2018 Fiscal-year Blended Tax Rates for Corporations Notice 2018–38 PURPOSE This notice provides guidance on the changes made by “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018,” P.L. 115–97 (the Act), to federal income tax rates for cor- porations under § 11(b) of the Internal Revenue Code (Code) and to the alterna- tive minimum tax for corporations under § 55 and on the application of § 15 in determining the federal income tax (in- cluding the alternative minimum tax) of a corporation for a taxable year that begins before January 1, 2018, and ends after December 31, 2017. BACKGROUND Section 11(a) of the Code imposes a tax on the taxable income of every corpo- ration (corporate tax). Prior to changes made by the Act, § 11(b) provided that the amount of tax imposed was based on a graduated rate structure starting at 15 per- cent of the corporation’s taxable income and increasing to 35 percent of taxable income. In addition, § 55(a) imposed a tax (the “alternative minimum tax” or AMT) equal to the excess, if any, of the tentative minimum tax (TMT) for the taxable year, over the corporate tax for the taxable year. Section 55(b)(1)(B) provided that in the case of a corporation, the TMT for the taxable year is 20 percent of so much of the alternative minimum taxable income (AMTI) for the taxable year as exceeds the exemption amount, reduced by the alternative minimum tax foreign tax credit for the taxable year. Section 13001(a) of the Act amended § 11(b) of the Code to provide that the amount of tax imposed by § 11(a) shall be 21 percent of a corporation’s taxable in- come. Section 13001(c)(1) provides gen- erally that this change in the tax rate for corporations is effective for taxable years beginning after December 31, 2017. Section 12001(a) of the Act amended § 55(a) of the Code by limiting the appli- cation of the AMT to non-corporate tax- payers, thereby repealing the AMT for corporations. Section 12001(c) of the Act provides that the changes made by § 12001 apply to taxable years beginning after December 31, 2017. Section 15(a) of the Code provides that if any rate of tax imposed by chapter 1 of the Code changes, and if the taxable year includes the effective date of the change (unless that date is the first day of the taxable year), then – (1) tentative taxes shall be computed by applying the rate for the period before the effective date of the change, and the rate for the period on and after such date, to the taxable income for the entire tax- able year; and April 30, 2018Bulletin No. 2018–18 522 (2) the tax for such taxable year shall be the sum of that proportion of each tentative tax which the number of days in each period bears to the number of days in the entire taxable year. Section 15(b) of theCode provides that for purposes of § 15(a), if a tax is repealed, the repeal shall be considered a change of rate, and the rate for the period after the repeal shall be zero. Section 15(c) provides in part that for purposes of § 15(a) and (b), if the rate changes for taxable years “begin- ning after” or “ending after” a certain date, the following day shall be considered the effective date of the change. APPLICATION Corporate Tax under § 11 The changes made by § 13001 of the Act to the federal income tax rates im- posed on corporations under § 11(b) of the Code are effective for taxable years be- ginning after December 31, 2017. Under § 15(c), for purposes of § 15(a) and (b), the effective date of the change made by § 13001 of the Act is January 1, 2018. The computation of tax provided under § 15(a) applies to a change in any rate of tax imposed by chapter 1 of the Code if the taxable year includes the effective date of the change, unless that date is the first day of the taxable year. The tax under § 11 is a tax imposed by chapter 1 of the Code. Consequently, a corporation with a tax- able year that includes January 1, 2018, but does not start on that day, must apply § 15(a) todetermine the amount of federal income tax imposed under § 11 for that taxable year. Pursuant to § 15(a), a tentative tax of a corporation for the taxable year that includes January 1, 2018, shall be computed by applying the rates of tax imposed under § 11(b) prior to the change of the tax rate under § 13001 of the Act, and a tentative tax for a corporation shall be computed by ap- plying the 21 percent rate of tax imposed under § 11(b) as amended by § 13001 of the Act. The tax imposed under § 11 for the taxable year that includes January 1, 2018, is the sum of that proportion of each tenta- tive tax which the number of days in each period bears to the number of days in the entire taxable year. Other Applications using § 11(b) Rates Certain taxpayers, such as life insur- ance companies and regulated investment companies, are not subject to the tax im- posed under § 11(a), but are nonetheless taxed under other Code provisions that use the rates of tax set forth in § 11(b). The application of § 15 will apply in de- termining the chapter 1 tax for these tax- payers in the same manner as described above for corporations subject to the tax imposed by § 11(a). Alternative Minimum Tax under § 55 Section 12001 of the Act repealed the application of the AMT imposed under § 55 to corporations effective for taxable years beginning after December 31, 2017. Under § 15(b), the repeal of a tax shall be considered a change of tax rate, and the rate for the period after the repeal is zero for purposes of § 15(a). As a result, the repeal of the AMT for corporations is a change in the TMT rate from 20 percent to zero. Further, under § 15(c), the effective date of this change of rate is January 1, 2018. The computation of tax provided under § 15(a) applies to a change in any rate of tax imposed by chapter 1 of the Code if the taxable year includes the ef- fective date of the change, unless that date is the first day of the taxable year. The tax under § 55 is a tax imposed by chapter 1 of the Code. Consequently, a corporation with a taxable year that includes January 1, 2018, but does not start on that day, must apply § 15(a) to determine the amount of its TMT for that taxable year. Pursuant to § 15(a), a tentative TMT for the corporation shall be computed by ap- plying the 20 percent TMT rate provided under § 55(b)(1)(B) prior to the change under § 12001 of the Act, and a tentative TMT shall be computed by applying the zero percent TMT rate resulting from the repeal under § 12001 of the Act of the AMT for corporations. The corporation’s TMT for the taxable year that includes January 1, 2018, is the sum of that pro- portion of each tentative TMT which the number of days in each period bears to the number of days in the entire taxable year. EXAMPLE The following example illustrates the application of § 15(a) of the Code in de- termining the tax under §§ 11 and 55 of a corporation using a fiscal year as its tax- able year for the taxable year that includes January 1, 2018. Example. Corporation X, a subchapter C corpo- ration, uses a June 30 taxable year. For its taxable year beginning July 1, 2017, and ending June 30, 2018, X’s taxable income is $1,000,000, and its AMTI in excess of its AMT exemption amount is $2,000,000. Computation under § 11 Corporation X’s corporate tax under § 11 of the Code is computed by applying § 15(a) as follows: 1) Taxable income (Line 30, Form 1120)$1,000,000 2) Tax on Line 1 amount using § 11(b) rates before the Act340,000 3) Number of days in Corporation X’s taxable year before January, 1, 2018184 4) Multiply Line 2 by Line 362,560,000 5) Tax on Line 1 amount using § 11(b) rate after the Act210,000 6) Number of days in the taxable year after December 31, 2017181 7) Multiply Line 5 by Line 638,010,000 8) Divide Line 4 by total number of days in the taxable year171,397 9) Divide Line 7 by total number of days in the taxable year104,137 10) Sum of Line 8 and Line 9$275,534 Bulletin No. 2018–18April 30, 2018 523 Under § 15(a), Corporation X’s corpo- rate tax for its taxable year ending June 30, 2018 is $275,534. Computation under § 55 Corporation X’s TMT and resulting AMT under § 55 of the Code is computed by applying § 15(a) as follows: 1) AMTI in excess of AMT exemption amount (Line 9, Form 4626)$ 2,000,000 2) TMT on Line 1 amount using § 55(b)(1)(B) rate before the Act400,000 3) Number of days in Corporation X’s taxable year before January, 1, 2018184 4) Multiply Line 2 by Line 373,600,000 5) Divide Line 4 by total number of days in the taxable year$201,644 It is unnecessary to compute a TMT for the portion of the taxable year beginning on and after the effective date of § 12001 of the Act because the TMT is repealed as of the effective date for purposes of ap- plying § 15(a). Corporation X’s TMT for its taxable year ending June 30, 2018 is $201,644. Because this TMT amount for the taxable year does not exceed Corpo- ration X’s corporate tax amount of $275,534, Corporation X does not have an AMT liability for its taxable year ending June 30, 2018. APPLICABILITY DATE This notice applies to taxable years of corporations that begin before January 1, 2018, and end after December 31, 2017. CONTACT INFORMATION For further information regarding this notice, contact Bill Jackson at (202) 317- 4731 or Forest Boone at (202) 317-4904 (not a toll-free number). 26 CFR 601.602: Tax forms and instructions. (Also Part I, §§ 42, 55.) Rev. Proc. 2018–22 SECTION 1. PURPOSE This revenue procedure modifies and supersedes section 3.08 of Rev. Proc. 2018–18, 2018–10 I.R.B. 392, to reflect the statutory amendment by section 102, of Division T, of the Consolidated Appro- priations Act, 2018, P.L. 115–141 (H.R. 1625) to increase the state housing credit ceiling. This revenue procedure also mod- ifies and supersedes section 3.10 of Rev. Proc. 2018–18 to correct the alternative minimum tax phaseout threshold amount for estates and trusts. SECTION 2. MODIFICATION OF SECTION 3.08 and SECTION 3.10 OF REV. PROC. 2018 –18 Section 3.08 of Rev. Proc. 2018–18 is modified and superseded to read as fol- lows: .08Low-Income Housing Credit. For calendar year 2018, the amount used un- der § 42(h)(3)(C)(ii) to calculate the State housing credit ceiling for the low-income housing credit is the greater of (1) $2.70 multiplied by the State population, or (2) $3,105,000. Section 3.10 of Rev. Proc. 2018–18 is modified and superseded to read as fol- lows: .10Exemption Amounts for Alternative Minimum Tax. For taxable years begin- ning in 2018, the exemption amounts un- der § 55(d)(1) are: Joint Returns or Surviving Spouses$109,400 Unmarried Individuals (other than Surviving Spouses)$70,300 Married Individuals Filing Separate Returns$54,700 Estates and Trusts$24,600 For taxable years beginning in 2018, under § 55(b)(1), the excess taxable in- come above which the 28 percent tax rate applies is: Married Individuals Filing Separate Returns$95,550 Joint Returns, Unmarried Individuals (other than surviving spouses), and Estates and Trusts$191,100 April 30, 2018Bulletin No. 2018–18 524 For taxable years beginning in 2018, the amounts used under § 55(d)(3) to de- termine the phaseout of the exemption amounts are: Joint Returns or Surviving Spouses$1,000,000 Unmarried Individuals (other than Surviving Spouses)$500,000 Married Individuals Filing Separate Returns$500,000 Estates and Trusts$81,900 SECTION 3. EFFECT ON OTHER DOCUMENTS This revenue procedure modifies and supersedes sections 3.08 and 3.10 of Rev. Proc. 2018–18, which modified and superseded certain sections of Rev. Proc. 2017–58, 2017–45 I.R.B. 489. SECTION 4. EFFECTIVE DATE Sections 3.08 and 3.10 of Rev. Proc. 2018–18 are modified and superseded for taxable years beginning in 2018. SECTION 5. DRAFTING INFORMATION The principal author of this revenue procedure is William Ruane of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this revenue procedure, contact Mr. Ruane at (202) 317-4718 (not a toll- free number). NOTE.This revenue procedure will be reproduced as the next revision of IRS Publication 4436, General Rules and Specifications for Substitute Form 941, Schedule B (Form 941), Schedule D (Form 941), Schedule R (Form 941), and Form 8974. Rev. Proc. 2018–24 TABLE OF CONTENTS Part 1 – Section 1.1 – Purpose....................................................................................................................................................................525 Section 1.2 – Reminders................................................................................................................................................................527 Section 1.3 – General Requirements for Reproducing IRS Official Form 941, Schedule B, Schedule D, Schedule R, and Form 8974..............................................................................................................527 Section 1.4 – Reproducing Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 for Software-Generated Paper Forms.....................................................................................................................529 Section 1.5 – Specific Instructions for Schedule D......................................................................................................................530 Section 1.6 – Specific Instructions for Schedule R......................................................................................................................531 Section 1.7 – Specific Instructions for Form 8974 ......................................................................................................................531 Section 1.8 – OMB Requirements for Substitute Forms .............................................................................................................532 Section 1.9 – Order Forms and Instructions.................................................................................................................................532 Section 1.10 – Effect on Other Documents..................................................................................................................................532 Section 1.11 – Helpful Information ..............................................................................................................................................533 Section 1.12 – Exhibits..................................................................................................................................................................534 Part 1 Section 1.1 – Purpose 0.1The purpose of this revenue procedure is to provide general rules and specifications from the IRS for paper and computer-generated substitutes for Form 941, Employer’s QUARTERLY Federal Tax Return; Schedule B (Form 941), Report of Tax Liability for Semiweekly Schedule Depositors (referred to in this revenue procedure as “Schedule B”); Schedule D (Form 941), Report of Discrepancies Caused by Acquisitions, Statutory Mergers, or Consolidations (referred to in this revenue procedure as “Schedule D”); Schedule R (Form 941), Allocation Schedule for Bulletin No. 2018–18April 30, 2018 525 Aggregate Form 941 Filers (referred to in this revenue procedure as “Schedule R”); and Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities. Before creating a substitute Form 941, see Pub. 1167, General Rules and Specifi- cations for Substitute Forms and Schedules, for additional rules and specifications for payment vouchers (Vouchers), printing in margins (Marginal Printing), and additional instructions (Additional Instructions for All Forms). Note.Substitute territorial forms (941–PR, Planilla para la Declaración Federal TRIMESTRAL del Patrono; 941–SS, Employer’s QUARTERLY Federal Tax Return (American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, and the U.S. Virgin Islands); and Anexo B (Formulario 941–PR), Registro de la Obligación Contributiva para los Despositantes de Itinerario Bisemanal) should also conform to the specifications outlined in this revenue procedure. 0.2This revenue procedure provides information for substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. If you need more in-depth information on who must complete these forms and how to complete them, see the Instructions for Form 941, Instructions for Schedule B, Instructions for Schedule D, instructions included with Schedule R, Instructions for Form 8974, and Pub. 15, Employer’s Tax Guide, or visit IRS.gov. Note.Failure to produce acceptable substitutes of the forms and schedules listed in this revenue procedure may result in delays in processing and penalties. 0.3Forms that completely follow the guidelines in this revenue procedure and are exact replicas of the official IRS forms do not need to be submitted to the IRS for specific approval. Substitute forms and schedules need to be scanned using IRS scanning equipment. If you are uncertain of any specification and want clarification, do the following. 1. Submit a letter citing the specification. 2. State your understanding of the specification. 3. Enclose an example (if appropriate) of how the form would appear if produced using your understanding. 4. Be sure to include your name, complete address, phone number, and, if applicable, your email address with your correspondence. Send your request toSCRIPS@IRS.govor SubstituteForms@IRS.gov, or use the following address. Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:P:TP 5000 Ellin Road, C6–440 Lanham, MD 20706 Note.Allow at least 30 days for the IRS to respond. 0.4However, software developers and form producers should send a blank copy of their substitute Form 941 and Schedule B in Portable Document Format (PDF) toSCRIPS@IRS.gov. The purpose is not specifically for approval but to assist the IRS in preparing to scan these forms. Submitters will only receive comments if a significant problem is discovered through this process. Submitters are not expected to delay marketing their forms in order to receive feedback. Submitters must not include any “live” taxpayer data on any substitute form submitted for review. 0.5The following six-digit form ID codes are used on Form 941, the schedules for Form 941, and Form 8974. •Official paper forms:950117 (Form 941, page 1); 950217 (Form 941, page 2); 960311 (Schedule B); 950417 (Schedule R, page 1); 950517 (Schedule R, page 2); 950613 (Schedule R, page 3); and 950817 (Form 8974). April 30, 2018Bulletin No. 2018–18 526 •Substitute 6x10 grids:970117 (Form 941, page 1); 970217 (Form 941, page 2); 970311 (Schedule B); 970417 (Schedule R, page 1); 970517 (Schedule R, page 2); 970617 (Schedule R, page 3); and 970817 (Form 8974). Generally, the last two digits of the form ID code represent the last year in which the IRS made major formatting changes to the layout of the form. Note.Page 3 of Schedule R is not required to be filed with the IRS as part of a substitute Schedule R. However, if page 3 of the substitute Schedule R is filed, it must include the form ID code. 0.6This revenue procedure will be updated only if there are major formatting changes to the layout of the forms or there are other changes that impact the processing of substitute forms. Section 1.2 – Reminders 0.1 Qualified small business payroll tax credit for increasing research activities.For tax years beginning after December 31, 2015, a qualified small business may elect to claim up to $250,000 of its credit for increasing research activities as a payroll tax credit against the employer’s share of social security tax. The portion of the credit used against the employer’s share of social security tax is allowed in the first calendar quarter beginning after the date that the qualified small business filed its income tax return. The election and determination of the credit amount that will be used against the employer’s share of social security tax is made on Form 6765, Credit for Increasing Research Activities. The amount from Form 6765, line 44, must then be reported on Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities. Form 8974 is used to determine the amount of the credit that can be used in the current quarter. The amount from Form 8974, line 12, is reported on Form 941, line 11. If you are claiming the research payroll tax credit on your Form 941, you must attach Form 8974 to that Form 941. 0.2 New certification program for professional employer organizations.The Tax Increase Prevention Act of 2014 required the IRS to establish a voluntary certification program for professional employer organizations (PEOs). PEOs handle various payroll administration and tax reporting responsibilities for their business clients and are typically paid a fee based on payroll costs. To become and remain certified under the certification program, certified professional employer organizations (CPEOs) must meet tax status, background, experience, business loca- tion, financial reporting, bonding and other requirements described in sections 3511 and 7705 and related published guidance. The IRS began accepting applications for PEO certification in July 2016. Certification as a CPEO affects the employment tax liabilities of both the CPEO and its customers. A CPEO is generally treated as the employer of any individual performing services for a customer of the CPEO and covered by a contract described in section 7705(e)(2) between the CPEO and the customer (CPEO contract), but only for wages and other compensation paid to the individual by the CPEO. For more information, visit the IRS website atIRS.gov/CPEO. CPEOs generally must file Form 941 and Schedule R electronically. For more information about a CPEO’s requirement to file electronically, see Rev. Proc. 2017–14, 2017–3 I.R.B. 426, available atIRS.gov/irb/2017-03_IRB/ar14.html. Section 1.3 – General Requirements for Reproducing IRS Official Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 0.1Submit substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 to the IRS for specifications review. Substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 thatcompletely conformto the specifications contained in this revenue procedure do not require prior approval from the IRS, but should be submitted toSCRIPS@IRS.govto ensure that they conform to IRS format and scanning specifications. Bulletin No. 2018–18April 30, 2018 527 0.2Print the form on standard 8.5 inches wide by 11-inch paper. 0.3Use white paper that meets generally accepted weight, color, and quality standards (minimum 20 lb. white bond paper). Note.Reclaimed fiber in any percentage is permitted provided that the requirements of this standard are met. 0.4The IRS prefers printing Form 941 on both sides of a single sheet of paper, but it is acceptable to print on one side of each of two separate sheets of paper. 0.5Make the substitute paper form as identical to the official form as possible. 0.6Print the substitute form using nonreflective black (not blue or other-colored) ink. Printing in an ink color other than black may reduce readability in the scanning process. This may result in figures being too faint to be recognizable. 0.7Use typefaces that are substantially identical in size and shape to the official form and use rules and shading (if used) that are substantially identical to those on the official form. Use font size as large as possible within the fields. 0.8In the same location as shown on the official IRS forms, print the six-digit form ID code (if one exists on the official form) on each form using nonreflective black, carbon-based, 12-point. The use of non-OCR-A font may reduce readability for scanning. Use the official form to develop your substitute form. Note.Maintain as much white space as possible around the form ID code. Do not allow character strings to print adjacent to the code. The year digits represent the last year in which the IRS made major formatting changes to the layout of the form. Therefore, the last two digits may not be the same as the current tax year. For tax year 2018 and until this revenue procedure is superseded, print “950117” on Form 941, page 1; “950217” on Form 941, page 2; “960311” on Schedule B; “950417” on Schedule R, page 1; “950517” on Schedule R, page 2; “950617” on Schedule R, page 3; and “950817” on Form 8974. SeeSection 1.4for information on form ID codes for software-generated forms. Note.Page 3 of Schedule R is not required to be filed with the IRS as part of a substitute Schedule R. However, if page 3 of the substitute Schedule R is filed, it must include the form ID code. 0.9Print the OMB number in the same location as on the official form. Be sure to include the OMB number on Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. .10Print all entry boxes and checkboxes exactly as shown(location and size)on the official forms. Note.Instead of a four-sided checkbox for the entry, just the bottom line of the box can be used as long as the location and size remain the same. .11Print “For Privacy Act and Paperwork Reduction Act Notice, see the back of the Payment Voucher.” at the bottom of page 1 of Form 941. .12Print “For Paperwork Reduction Act Notice, see separate instructions.” at the bottom of Schedule B and Schedule D. .13Print “For Paperwork Reduction Act Notice, see the instructions.” at the bottom of Schedule R. .14Print “Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of Form 8974. April 30, 2018Bulletin No. 2018–18 528 .15 Do notprint the form catalog number (“Cat. No.”) at the bottom of the forms or instructions. Instead, print your IRS-issued three letter substitute form source code in place of the catalog number on the left at the bottom of page 1 of Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. Note.You can obtain a three-letter substitute form source code by requesting it by email at SubstituteForms@IRS.gov. Please enter “Substitute Forms” on the subject line. .16 Do notprint the Government Printing Office (GPO) symbol at the bottom of the forms or instructions. Section 1.4 – Reproducing Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 for Software-Generated Paper Forms 0.1You may use the PDF files to develop the layout for your forms. Draft forms found at IRS.gov/DraftFormscan be used to develop interim formats until the forms are finalized. When forms become finalized, they are posted and can be found atIRS.gov/Forms. You may use 6x10 grid formats to develop software versions of Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. Please follow the specifications exactly to develop the fields. 0.2If you are developing software using the 6x10 grid, you may make the following modifica- tions. •“970117” for Form 941, page 1; “970217” for Form 941, page 2; “970311” for Schedule B; “970417” for Schedule R, page 1; “970517” for Schedule R, page 2; “970617” for Schedule R, page 3; and “970817” for Form 8974, as the form ID codes. Note.Maintain as much white space as possible around the form ID code. Do not allow character strings to print adjacent to the code. •Place all 6x10 grid boxes and entry spaces in the same field locations as indicated on the official forms. •Use single lines for “Employer Identification Number (EIN)” and other entry areas in the entity section of Form 941, page 1; Schedule B; Schedule R, pages 1 and 2; and Form 8974. •Reverse type is not needed as shown on the official form. •Do notpre-print decimal points in the data boxes. However, where the amounts are required, the amounts should be printed with decimal points and place holders for cents. •Delete the pre-printed formatting in any “date” boxes. •Use a single box for “Personal Identification Number (PIN)” on Form 941. •You may delete all shading when using the 6x10 grid format. 0.3If producing both the form and the data or the form only, print your three-letter source code at the bottom of Form 941, page 1; Schedule B; Schedule D; Schedule R, page 1; or Form 8974. SeeSection 1.3.15. 0.4If producing only the data on the form, print your four-digit software industry vendor code on Form 941. The four-digit vendor code preceded by four zeros and a slash (0000/9876) must be pre-printed. If you have a valid vendor code issued to you through the National Association of Computerized Tax Processors (NACTP), you should use that code. If you do not have a valid vendor code, contact the NATCP via email atpresident@natcp.orgfor information on these codes. Bulletin No. 2018–18April 30, 2018 529 0.5Print “For Privacy Act and Paperwork Reduction Act Notice, see the back of the Payment Voucher.” at the bottom of Form 941, page 1. 0.6Print “For Paperwork Reduction Act Notice, see separate instructions.” at the bottom of Schedule B and Schedule D. 0.7Print “For Paperwork Reduction Act Notice, see the instructions.” at the bottom of Schedule R, page 1. 0.8Print “For Paperwork Reduction Act Notice, see the separate instructions.” at the bottom of Form 8974. 0.9Be sure to print the OMB number in the same location as on the official forms on substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. .10 Do notprint the form catalog number (“Cat. No.”) at the bottom of the forms or instructions. .11 Do notprint the Government Printing Office (GPO) symbol at the bottom of the forms or instructions. .12To ensure accurate scanning and processing, enter data on Form 941, Schedule B, Schedule D, Schedule R, and Form 8974 as follows. •Display/print the name and EIN on all pages and attachments in the proper associated fields. •Use 12-point (minimum 10-point) Courier font (where possible). Omit dollar signs, but use commas when showing amounts. •Except for Form 941, lines 1 and 2, leave blank any data field with a value of zero. •Enter negative amounts with a minus sign. For example, report “–10.59” instead of “(10.59).” Note.The IRS prefers that you use a minus sign for negative amounts instead of parentheses or some other means. However, if your software only allows for parentheses in reporting negative amounts, you may use them. Section 1.5 – Specific Instructions for Schedule D 0.1To properly file and to reduce delays and contact from the IRS, Schedule D must be produced as close as possible to the official form. 0.2Use Schedule D to explain why you have certain discrepancies. See the Instructions for Schedule D for more information. In many cases, the information on Schedule D helps the IRS resolve discrepancies without contacting you. 0.3If a substitute Schedule D is not submitted in similar format to the official IRS schedule, the substitutes may be returned, you may be contacted by the IRS, delays in processing may occur, and you may be subject to penalties. April 30, 2018Bulletin No. 2018–18 530 Section 1.6 – Specific Instructions for Schedule R 0.1To properly file and to reduce delays and contact from the IRS, Schedule R and Continuation Sheets for Schedule R must be produced as close as possible to the official form. Note. Do notpresent the information in spreadsheet or similar format. We may not be able to properly process nonconforming documents with an excessive number of entries. Complete as many Continuation Sheets for Schedule R (Schedule R, page 2) as necessary. If Continuation Sheets are not used or they vary in form from the official form, processing may be delayed and you may be subject to penalties. 0.2Use Schedule R to allocate the aggregate information reported on Form 941 to each client. If you have more than 10 clients, complete as many Continuation Sheets for Schedule R as necessary. Attach Schedule R, including any Continuation Sheets, to your aggregate Form 941 and file it with your return. Enter your business information carefully. Make sure all information exactly matches the information shown on the aggregate Form 941. Compare the total of each column on Schedule R, line 14 (including your information on line 13), to the amounts reported on the aggregate Form 941. For each column total of Schedule R, the relevant line from Form 941 is noted in the column heading. If the totals on Schedule R, line 14, do not match the totals on Form 941, there is an error that must be corrected before submitting Form 941 and Schedule R. 0.3 Do: •Develop and submit only conforming Schedules R. •Follow the format and fields exactly as on the official Schedule R. •Maintain the same number of entry lines on the substitute Schedule R as on the official form. 0.4 Do not: •Add or delete entry lines. •Submit spreadsheets, database printouts, or similar formatted documents instead of using the Schedule R format to report data. •Reduce or expand font size to add or delete extra data or lines. 0.5If substitute Schedules R and Continuation Sheets for Schedule R are not submitted in similar format to the official schedule, the substitutes may be returned, you may be contacted by the IRS, delays in processing may occur, and you may be subject to penalties. Section 1.7 – Specific Instructions for Form 8974 0.1To properly file and to reduce delays and contact from the IRS, Form 8974 must be produced as close as possible to the official form. 0.2Use Form 8974 only if you are claiming the qualified small business payroll tax credit for increasing research activities. Bulletin No. 2018–18April 30, 2018 531 0.3If a substitute Form 8974 is not submitted in similar format to the official IRS form, the substitutes may be returned, you may be contacted by the IRS, delays in processing may occur, and you may be subject to penalties. Section 1.8 – OMB Requirements for Substitute Forms 0.1The Paperwork Reduction Act (the Act) of 1995 (Public Law 104–13) requires the following. •The Office of Management and Budget (OMB) approves all IRS tax forms that are subject to the Act. •Each IRS form contains the OMB approval number, if assigned. The official OMB numbers may be found on the official IRS-printed forms. Each IRS form (or its instructions) states: 1. Why the IRS needs the information, 2. How it will be used, and 3. Whether or not the information is required to be furnished to the IRS. 0.2This information must be provided to any users of official or substitute IRS forms or instructions. 0.3The OMB requirements for substitute IRS forms are the following. •Any substitute form or substitute statement to a recipient must show the OMB number as it appears on the official form. •For Form 941, Schedule B, Schedule D, Schedule R, and Form 8974, the OMB number (1545-0029) must appear exactly as shown on the official form. •For Form 941, Schedule B, Schedule D, Schedule R, and Form 8974, the OMB number must use one of the following formats. 1. OMB No. 1545–0029 (preferred). 2. OMB # 1545–0029 (acceptable). 0.4If no instructions are provided to users of your forms, you must furnish to them the exact text of the Privacy Act and Paperwork Reduction Act Notice. Section 1.9 – Order Forms and Instructions .01You can order forms and instructions atIRS.gov/orderforms. Section 1.10 – Effect on Other Documents .01Revenue Procedure 2017–32, 2017–17 I.R.B. 1109, dated April 24, 2017, is superseded. April 30, 2018Bulletin No. 2018–18 532 Section 1.11 – Helpful Information 0.1Please follow the specifications and guidelines to produce substitute Form 941, Schedule B, Schedule D, Schedule R, and Form 8974. 0.2These forms are subject to review and possible changes as required. Therefore, employers are cautioned against overstocking supplies of privately printed substitutes. 0.3Here is a review of references that were listed throughout this document. •Form 941, Employer’s QUARTERLY Federal Tax Return. Schedule B (Form 941), Report of Tax Liability for Semiweekly Schedule Depositors (referred to in this revenue procedure as “Schedule B”). •Schedule D (Form 941), Report of Discrepancies Caused by Acquisitions, Statutory Mergers, or Consolidations (referred to in this revenue procedure as “Schedule D”). •Schedule R (Form 941), Allocation Schedule for Aggregate Form 941 Filers (referred to in this revenue procedure as “Schedule R”). •Form 8974, Qualified Small Business Payroll Tax Credit for Increasing Research Activities. •Substitute territorial forms (941–PR, 941–SS, and Anexo B (Formulario 941–PR)). •Instructions for Form 941. •Instructions for Schedule B (Form 941). Instructions for Form 8974. •Pub. 15, Employer’s Tax Guide. •SCRIPS@IRS.govfor submissions. •SubstituteForms@IRS.govfor questions. •For questions: Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:P:TP 5000 Ellin Road, C6–440 Lanham, MD 20706 •IRS.gov/DraftFormsfor draft forms. •IRS.gov/Formsfor final forms. Bulletin No. 2018–18April 30, 2018 533 Section 1.12 – Exhibits April 30, 2018Bulletin No. 2018–18 534 Bulletin No. 2018–18April 30, 2018 535 April 30, 2018Bulletin No. 2018–18 536 Bulletin No. 2018–18April 30, 2018 537 April 30, 2018Bulletin No. 2018–18 538 Bulletin No. 2018–18April 30, 2018 539 April 30, 2018Bulletin No. 2018–18 540 Bulletin No. 2018–18April 30, 2018 541 April 30, 2018Bulletin No. 2018–18 542 26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of cor- rect tax liability. (Also Part I, §§ 280F; 1.280F–7.) Rev. Proc. 2018–25 SECTION 1. PURPOSE This revenue procedure provides: (1) tables of limitations on depreciation de- ductions for owners of passenger automo- biles first placed in service by the taxpayer during calendar year 2018; and (2) a table of amounts that must be included in in- come by lessees of passenger automobiles first leased by the taxpayer during calen- dar year 2018. For purposes of this reve- nue procedure, the term “passenger auto- mobiles” includes trucks and vans. SECTION 2. BACKGROUND .01 For owners of passenger automobiles, § 280F(a), as modified by § 13202(a)(1) of “An Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2018”, Pub. L. No. 115–97 (Dec. 22, 2017) (the “Act”), im- poses dollar limitations on the depreciation deduction for the year the taxpayer places the passenger automobile in service and for each succeeding year. The dollar limitation amounts in this revenue procedure reflect the new limits provided in § 13202(a)(1) of the Act and are applicable to passenger au- tomobiles placed in service during calendar year 2018. .02 Section 13201 of the Act amended § 168(k) to extend and modify the addi- tional first year depreciation deduction for qualified property acquired and placed in service after September 27, 2017, and be- fore January 1, 2027. Section 168(k)(1) provides that, in the case of qualified property, the depreciation deduction al- lowed under § 167(a) for the taxable year in which the property is placed in service includes an allowance equal to the appli- cable percentage of the property’s ad- justed basis (hereinafter, referred to as “§ 168(k) additional first year deprecia- tion deduction”). Pursuant to § 168(k)(6) (A), the applicable percentage is 100 per- cent for qualified property acquired and placed in service after September 27, 2017, and placed in service before January 1, 2023, and is phased down 20 percent each year for property placed in service through December 31, 2026. However, if a taxpayer elects to apply § 168(k)(10) in the case of qualified property placed in service by the taxpayer during the first taxable year ending after September 27, 2017, the depreciation deduction allowed under § 167(a) for the taxable year in- cludes an allowance equal to 50 percent of the property’s adjusted basis. Pursuant to § 168(k)(8)(B)(i), the applicable percent- age is 40 percent for qualified property acquired before September 28, 2017, and placed in service in 2018. For qualified property acquired and placed in service after September 27, 2017, § 168(k)(2)(F) (i) increases the first year depreciation allowed under § 280F(a)(1)(A)(i) by $8,000. For qualified property acquired by the taxpayer before September 28, 2017, and placed in service by the taxpayer dur- ing 2018, § 168(k)(2)(F)(iii) increases the first year depreciation allowed under § 280F(a)(1)(A)(i) by $6,400. .03 Tables 1 through 3 of this revenue procedure provide depreciation limita- tions for passenger automobiles placed in service during calendar year 2018. Table 1 provides depreciation limitations for pas- senger automobiles acquired by the tax- payer before September 28, 2017, and placed in service by the taxpayer during calendar year 2018, for which the § 168(k) additional first year depreciation deduc- tion applies. Table 2 provides depreciation limitations for passenger automobiles ac- quired by the taxpayer after September 27, 2017, and placed in service by the tax- payer during calendar year 2018, for which the § 168(k) additional first year depreciation deduction applies. Table 3 provides depreciation limitations for pas- senger automobiles placed in service dur- ing calendar year 2018 for which no § 168(k) additional first year depreciation deduction applies. The § 168(k) additional first year depreciation deduction does not apply for 2018 if the taxpayer: (1) did not use the passenger automobile during 2018 more than 50 percent for business pur- poses; (2) elected out of the § 168(k) additional first year depreciation deduc- tion pursuant to § 168(k)(7) for the class of property that includes passenger auto- mobiles; or (3) acquired the passenger au- tomobile used and the acquisition of such property did not meet the acquisition re- quirements in § 168(k)(2)(E)(ii). .04 Section 280F(c)(2) requires a re- duction to the amount of deduction al- lowed to the lessee of a leased passenger automobile. Pursuant to § 280F(c)(3), the reduction must be substantially equivalent to the limitations on the depreciation de- ductions imposed on owners of passenger automobiles. Under § 1.280F–7(a) of the Income Tax Regulations, this reduction requires a lessee to include in gross in- come an amount determined by applying a formula to the amount obtained from a table. Table 4 applies to lessees of passen- ger automobiles. This table shows income inclusion amounts for a range of fair mar- ket values for each taxable year after the passenger automobile is first leased. SECTION 3. SCOPE .01 The limitations on depreciation de- ductions in section 4.01(2) of this revenue procedure apply to passenger automo- biles, other than leased passenger automo- biles, that are placed in service by the taxpayer in calendar year 2018, and con- tinue to apply for each taxable year that the passenger automobile remains in ser- vice. .02 The table in section 4.02 of this revenue procedure applies to leased pas- senger automobiles for which the lease term begins during calendar year 2018. Lessees of these passenger automobiles must use these tables to determine the inclusion amount for each taxable year during which the passenger automobile is leased. See Rev. Proc. 2013–21, 2013–12 I.R.B. 660, for passenger automobiles first leased during calendar year 2013; Rev. Proc. 2014–21, 2014–11 I.R.B. 641, as amplified and modified by section 4.03 of Rev. Proc. 2015–19, 2015–8 I.R.B. 656, for passenger automobiles first leased dur- ing calendar year 2014; Rev. Proc. 2015– 19, as amplified and modified by section 4.03 of Rev. Proc. 2016–23, 2016–16 I.R.B. 581, for passenger automobiles first Bulletin No. 2018–18April 30, 2018 543 leased during calendar year 2015, Rev. Proc. 2016–23 for passenger automobiles first leased during calendar year 2016, and Rev. Proc. 2017–29, 2017–14 I.R.B. 1065, for passenger automobiles first leased during calendar year 2017. SECTION 4. APPLICATION .01Limitations on Depreciation Deductions for Certain Automobiles. (1)Amount of the inflation adjustment. Section 280F(a), as amended by § 13202(a)(1) of the Act, provides the limitation on depreci- ation for passenger automobilesplaced in ser- vice during calendar year 2018. Accord- ingly, no adjustment for inflation applies to calendar year 2018.See§ 280F(d)(7)(A), as amended by § 13202(a)(2)(B) of the Act. (2)Amount of the limitation. Tables 1 through 3 contain the dollar amount of the depreciation limitation for each taxable year for passenger automobiles a taxpayer places in service during calendar year 2018. Use Table 1 for a passenger auto- mobile to which the § 168(k) additional first year depreciation deduction applies that is acquired before September 28, 2017, and placed in service during calen- dar year 2018; Table 2 for a passenger automobile to which the § 168(k) addi- tional first year depreciation deduction ap- plies that is acquired after September 27, 2017, and placed in service during calen- dar year 2018; and Table 3 for a passenger automobile for which no § 168(k) addi- tional first year depreciation deduction ap- plies. REV. PROC. 2018–25 TABLE 1 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES ACQUIRED BEFORE SEPTEMBER 28, 2017, AND PLACED IN SERVICE DURING CALENDAR YEAR 2018 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax YearAmount 1st Tax Year$ 16,400 2nd Tax Year$ 16,000 3rd Tax Year$ 9,600 Each Succeeding Year$ 5,760 REV. PROC. 2018–25 TABLE 2 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES ACQUIRED AFTER SEPTEMBER 27, 2017, AND PLACED IN SERVICE DURING CALENDAR YEAR 2018, FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax YearAmount 1st Tax Year$ 18,000 2nd Tax Year$ 16,000 3rd Tax Year$ 9,600 Each Succeeding Year$ 5,760 REV. PROC. 2018–25 TABLE 3 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES PLACED IN SERVICE DURING CALENDAR YEAR 2018 FOR WHICH NO § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax YearAmount 1st Tax Year$ 10,000 2nd Tax Year$ 16,000 3rd Tax Year$ 9,600 Each Succeeding Year$ 5,760 .02Inclusions in Income of Lessees of Passenger Automobiles. A taxpayer must follow the procedures in § 1.280F–7(a) for determining the in- come inclusion amounts for passenger au- tomobiles first leased in calendar year 2018. In applying these procedures, les- sees of passenger automobiles should use Table 4 of this revenue procedure. April 30, 2018Bulletin No. 2018–18 544 REV. PROC. 2018–25 TABLE 4 DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2018 Fair Market Value of Passenger AutomobileTax Year During Lease OverNot Over1 st 2 nd 3 rd 4 th 5 th & later $50,000$51,0001355 6 51,00052,00049131619 52,00053,000715222731 53,00054,0001021313744 54,00055,0001227404856 55,00056,0001533495968 56,00057,0001839586981 57,00058,0002045678093 58,00059,00023517691105 59,00060,000265785101117 60,00062,000306698118135 62,00064,0003678116139160 64,00066,0004190134160185 66,00068,00046102152181210 68,00070,00052114169203235 70,00072,00057126187225259 72,00074,00063138205246284 74,00076,00068150223267309 76,00078,00074162241288333 78,00080,00079174259310357 80,00085,00089195290347401 85,00090,000102225335400463 90,00095,000116255379454525 95,000100,000130285423508586 100,000110,000150330491587679 110,000120,000178390579695802 120,000130,000205450669801926 130,000140,0002325107589081,049 140,000150,0002605708471,0151,172 150,000160,0002876309361,1221,296 160,000170,0003146911,0241,2301,419 170,000180,0003427501,1141,3361,543 180,000190,0003698101,2041,4421,666 190,000200,0003968711,2921,5501,789 200,000210,0004249301,3821,6561,913 210,000220,0004519911,4701,7642,036 220,000230,0004781,0511,5591,8712,159 230,000240,0005051,1111,6491,9772,283 240,000and over5331,1711,7382,0842,406 Bulletin No. 2018–18April 30, 2018 545 SECTION 5. EFFECTIVE DATE This revenue procedure applies to pas- senger automobiles that a taxpayer first places in service or first leases during cal- endar year 2018. SECTION 6. DRAFTING INFORMATION The principal author of this revenue procedure is Bernard P. Harvey of the Office of Associate Chief Counsel (In- come Tax & Accounting). For further in- formation regarding this revenue proce- dure, contact Mr. Harvey at (202) 317- 7005 (not a toll-free number). 26 CFR 601.601 Rules and regulations. (Also, §§ 54, 54A, 54AA, 141, 142, 1397E, 1400N, 1400U–2, 6431; 1.141–12, & 1.142–2) Rev. Proc. 2018–26 SECTION 1. PURPOSE This revenue procedure provides cer- tain remedial actions that issuers of State and local tax-exempt bonds and other tax- advantaged bonds (as defined in § 1.150– 1(b) of the Income Tax Regulations) may take to preserve the tax-advantaged status of the bonds when nonqualified uses (as defined in section 4.04 of this revenue procedure) of the bond proceeds occur. SECTION 2. BACKGROUND .01 Various provisions of the Internal Revenue Code (the “Code”) provide tax benefits to facilitate lower borrowing costs for State and local governments and other qualified issuers if certain require- ments are met. These benefits are in the form of a tax exemption under § 103 on the interest paid to holders of eligible State and local bonds (“tax-exempt bonds”), refundable tax credits under § 6431 payable to issuers of certain qual- ified bonds (“direct pay bonds”), or tax credits under § 54A and similar provisions to holders of qualified tax credit bonds (“tax credit bonds”). 3 Eligibility require- ments for these tax benefits include pre- scribed uses of the proceeds of the bonds. .02 For some types of tax-advantaged bonds, existing regulations provide reme- dial actions to cure certain nonqualified uses. For example, for tax-exempt govern- mental bonds (as defined in § 1.150– 1(b)), § 1.141–12 provides remedial ac- tions (including bond redemption or defeasance, alternative qualified use of disposition proceeds, and alternative qual- ified use of facilities) to cure violations of the private business use and private loan restrictions under § 141. Similarly, for certain types of tax-exempt private activ- ity bonds (as defined in § 141), § 1.142–2 provides remedial actions (including bond redemption or defeasance) to cure viola- tions of particular requirements for quali- fied private activity bonds under §§ 142, 144, and 147. In addition, for qualified zone academy bonds (“QZABs”) as de- fined in § 1397E, § 1.1397E–1(h)(8) pro- vides remedial actions (including bond re- demption or defeasance and alternative qualified use of disposition proceeds) to cure violations of requirements for QZ- ABs under § 1397E. .03 The existing remedial actions for tax-exempt governmental bonds do not include a remedial action to cure the non- qualified uses that generally result from longer-term leases of financed property to private businesses, other than the remedial action of bond redemption or defeasance. Taxpayers have recommended adding a remedial action for this purpose similar to the existing remedial action that allows curing nonqualified uses that result from sales of financed property to private busi- nesses through alternative qualified uses of the disposition proceeds of those sales. Section 1.141–12(h) permits the Commis- sioner, by publication in the Internal Rev- enue Bulletin, to provide additional reme- dial actions for purposes of the private business use and private loan restrictions. Section 5 of this revenue procedure pro- vides such a remedial action. .04 For direct pay bonds, no existing remedial action allows adjustment of the refundable Federal tax credit for nonquali- fied uses. Such a remedial action would provide a simple and administrable method of preserving the tax-advantaged status of direct pay bonds. Section 6 of this revenue procedure provides this re- medial action. .05 Finally, for certain types of tax credit bonds and for direct pay bonds, none of the existing remedial actions de- scribed in section 2.02 of this revenue procedure are available. Extending the availability of existing remedial actions to these types of bonds would allow issuers similarly to cure nonqualified uses of these bonds. Section 7 of this revenue procedure provides remedial actions for these bonds. SECTION 3. SCOPE This revenue procedure applies to tax- advantaged bonds to allow issuers to take certain remedial actions to protect the tax- advantaged status of the bonds when non- qualified uses of bond proceeds occur if the requirements of particular remedial actions under this revenue procedure are met. SECTION 4. DEFINITIONS The definitions in this section 4 apply for purposes of this revenue procedure. .01Applicable Code sectionmeans the Code section that sets forth the qualifica- tion requirements for a particular type of bond. .02Defeasance escrowmeans an irre- vocable escrow established to redeem nonqualified bonds on the earliest call date after the date on which a nonqualified use occurs in an amount that, together with investment earnings, is sufficient to pay all the principal of, interest on, and call premium, if any, on the nonqualified bonds from the date the escrow is estab- lished to that call date. No amount in a defeasance escrow may be invested in an investment the obligor of which is a user (or a related party (as defined in § 1.150– 1(b)) to a user) of proceeds of the bonds. All purchases or sales of investments in a defeasance escrow must be made at the fair market value of the investment within the meaning of § 1.148–5(d)(6). .03Disposition proceedsmeans, ex- cept as otherwise provided in this section 4.03, disposition proceeds (as defined in § 1.141–12(c)(1)), plus investment earn- 3 Public Law No. 115-97, § 13404, 131 Stat. 2138 (2017), repealed the Code provisions related to tax credit bonds and direct pay bonds effective for bondsissued after December 31, 2017. References in this revenue procedure to these Code sections refer to those sections as in effect prior to repeal. April 30, 2018Bulletin No. 2018–18 546 ings on those amounts. For property fi- nanced with different sources of funding, disposition proceeds are allocated among the sources under § 1.141–12(c)(3). For purposes of section 5 of this revenue pro- cedure, the definition of disposition pro- ceeds in § 1.141–12(c)(1) applies. .04Nonqualified usemeans a failure to spend proceeds of tax-advantaged bonds within any required expenditure period specified in the applicable Code section and any use of expended pro- ceeds of tax-advantaged bonds for a pur- pose other than a qualified use (as de- fined in section 4.06 of this revenue procedure). A nonqualified use under § 141 occurs on the date of the deliber- ate action (as defined in § 1.141– 2(d)(3)). For dates on which other non- qualified uses occur, see section 7.03 of this revenue procedure. .05Nonqualified bondsmeans the por- tion of the outstanding bonds in an amount that, if the remaining bonds were issued on the date on which nonqualified use of proceeds occurs, the proceeds of the remaining bonds would be used in a timely manner for a qualified use. Alloca- tions of nonqualified bonds are made in accordance with § 1.142–2(e). .06Qualified usemeans a use required or permitted by the applicable Code sec- tion. For example, qualified uses include a qualified purpose under § 54A(d)(2)(C) for tax credit bonds under § 54A, capital expenditures for direct pay build America bonds under § 54AA(g), and a prescribed amount of governmental use for tax- exempt governmental bonds under § 141 and build America bonds under § 54AA. SECTION 5. REMEDIAL ACTION FOR ELIGIBLE LEASES OF PROPERTY FINANCED WITH TAX-ADVANTAGED BONDS SUBJECT TO § 141 OR § 145(a) .01Modified alternative use of dispo- sition proceeds remedy for eligible leases. In the case of a deliberate action (as de- fined in § 1.141–2(d)(3)) that consists of an eligible lease (as defined in section 5.02 of this revenue procedure) to a non- governmental person (as defined in § 1.141–1(b)) of property financed with tax-advantaged bonds subject to the pri- vate activity bond restrictions under § 141 or § 145(a), provided the requirements of § 1.141–12(a) are met, the issuer may cure the nonqualified use resulting from the lease by applying the alternative use of disposition proceeds remedial action un- der § 1.141–12(e) in the same manner as to a disposition with the following modi- fications— (1) Treating the eligible lease as a dis- position for which the consider- ation is exclusively cash; (2) Treating funds (excluding proceeds of tax-advantaged bonds) in an amount equal to the lease amount (as defined in section 5.03 of this revenue procedure) as disposition proceeds; (3) Treating the leased property as transferred property; and (4) Allocating proceeds of the issue that, under § 1.141–12(c)(2), are allocable to the funds treated as disposition proceeds, to those funds during the term of the lease only (and to the leased property thereaf- ter). .02Eligible lease. A lease is an eligible lease if— (1) The consideration for the lease con- sists exclusively of cash lease pay- ments (regardless of when paid) that are not financed with proceeds of another issue of tax-advantaged bonds; and (2) The term of the lease— (a) Is at least equal to the lesser of 20 years or 75 percent of the weighted average reasonably expected economic life of the leased property (determined in the same manner as under sec- tion 147(b)) as of the start of the term of the lease; or (b) Runs through the end of the mea- surement period (as defined in § 1.141–3(g)(2)) during which the private business use restric- tions are measured for compli- ance under section 141. .03Lease amount. The lease amount is an amount equal to the present value of all of the lease payments required to be made under the lease. For this purpose, present value is determined as of the start of the term of the lease by using the yield on the issue as of the start of the term of the lease as the discount rate. SECTION 6. REMEDIAL ACTION FOR DIRECT PAY BONDS TO REDUCE THE REFUNDABLE FEDERAL TAX CREDIT In the case of direct pay bonds, an issuer may cure a nonqualified use by reducing the amount of the refundable Federal tax credit to eliminate the amount allocable to the nonqualified bonds. Fur- ther, the issuer must treat any disposition proceeds as described in section 7.02(3) of this revenue procedure. To effect this re- medial action, beginning with the first Form 8038–CP (Return for Credit Pay- ment to Issuers of Qualified Bonds) or successor form filed for any interest pay- ment date for the bonds after the nonquali- fied use occurs, the issuer, in reporting the amount of the interest payable, must ex- clude the portion of that interest allocable to the nonqualified bonds that accrues on or after the date of the nonqualified use. For the first such Form 8038–CP (or suc- cessor form), the issuer must print or type across the top of the form “Remedial Ac- tion under Section 6 of Rev. Proc. 2018– 26” and attach the required explanation for the difference in scheduled credit pay- ment. The explanation must state that a nonqualified use occurred and the date of the nonqualified use and include a revised debt service schedule reflecting the exclu- sion of amounts allocable to the nonquali- fied bonds beginning with the date of the nonqualified use. SECTION 7. CERTAIN GENERAL REMEDIAL ACTIONS FOR TAX- ADVANTAGED BONDS .01In general. In the case of tax-credit bonds or direct pay bonds, except as oth- erwise provided in section 7.06 of this revenue procedure, an issuer may cure a nonqualified use by taking a remedial ac- tion of redemption or defeasance of non- qualified bonds under section 7.02 of this revenue procedure or alternative use of disposition proceeds under section 7.05 of this revenue procedure. In the case of tax-exempt bonds, issuers may apply section 7.02(2) of this revenue proce- dure to defeasance escrows established under § 1.141–12(d) or § 1.142–2(c). .02Redemption or defeasance of non- qualified bonds. The requirements for re- demption or defeasance of nonqualified Bulletin No. 2018–18April 30, 2018 547 bonds under this section 7.02 are met if the issuer complies with sections 7.02 (1), (2), and (3). (1)Amount and timing of redemption or defeasance. Within 90 days after the date on which the nonqualified use occurs, the issuer redeems the nonqualified bonds of the issue or establishes a defeasance escrow for any nonqualified bonds that are not so redeemed. (2)Yield restriction or rebate require- ment. The issuer either restricts the invest- ments in the defeasance escrow to invest- ments that are not higher yielding investments (as defined in § 148(b)) or the issuer makes rebate payments to the United States, at the same time and in the same manner as arbitrage rebate amounts are required to be paid, in amounts equal to any earnings on investments in the de- feasance escrow that are higher than the yield on the issue with respect to which the defeasance escrow was established. For this purpose, the first computation pe- riod begins on the date on which the de- feasance escrow is established. Further, for purposes of this section 7.02(2), § 148 and the regulations thereunder (as modi- fied by the applicable Code section and this section 7.02(2)) apply, and compli- ance with the rebate requirement in this section 7.02(2) is treated as satisfying ap- plicable arbitrage investment restrictions under § 148 for the defeasance escrow. (3)Treatment of disposition proceeds. The issuer treats the disposition proceeds as gross proceeds for purposes of § 148 as modified by the applicable Code section (the arbitrage requirements) and as pro- ceeds for purposes of the applicable Code section. For purposes of applying the tem- porary period and spending exceptions to the arbitrage requirements, the issuer may treat the date of the receipt of the dispo- sition proceeds as if it were the issue date of the nonqualified bonds and disregard the receipt of disposition proceeds for the spending exceptions under § 1.148–7 for which the requirements were met before the receipt of the disposition proceeds. .03When a nonqualified use occurs. For unspent proceeds of bonds, a non- qualified use occurs on the earlier of the first date on which the issuer fails to have a reasonable expectation to spend the pro- ceeds for a qualified use (within the re- quired expenditure period, if any) or the last day of the required expenditure pe- riod, if any. For proceeds of bonds that have been spent, a nonqualified use occurs on the first date on which an action causes proceeds to be used for other than a qual- ified use. .04Reissuance. For purposes of deter- mining whether the establishment of a de- feasance escrow under section 7.02 of this revenue procedure results in an exchange under § 1.1001–1(a), the defeased bonds are treated as tax-exempt bonds for pur- poses of § 1.1001–3(e)(5)(ii)(B)(1). .05Alternative use of disposition pro- ceeds. The requirements for alternative use of disposition proceeds under this sec- tion 7.05 are met if— (1)Disposition for cash. The nonquali- fied use consists of a disposition for which the consideration is exclusively cash; (2)Reasonably expected use of dispo- sition proceeds. The issuer reasonably ex- pects to spend the disposition proceeds within two years after the date of the disposition on alternative qualified uses or, to the extent the issuer does not expect to so spend the disposition proceeds, the issuer takes a remedial action under sec- tion 7.02 of this revenue procedure for such disposition proceeds within 90 days after the date of disposition; (3)Unspent disposition proceeds.If the issuer fails to spend all of the dispo- sition proceeds that it reasonably expected to spend within the prescribed two-year period in the manner described in section 7.05(2) of this revenue procedure, the is- suer takes a remedial action under section 7.02 of this revenue procedure for the remaining disposition proceeds within 90 days after the end of that two-year period; and (4)Treatment of disposition proceeds. The issuer treats the disposition proceeds as described in section 7.02(3) of this rev- enue procedure. .06Certain special rules on applicabil- ity. For QZABs under § 1397E, the reme- dial actions under § 1.1397E–1(h)(8) ap- ply in lieu of this section 7. For tax-advantaged bonds subject to § 141, the remedial action provisions under § 1.141–12 apply in lieu of this section 7 for purposes of curing violations of the private business use and private loan re- strictions; however, for defeasance es- crows established under § 1.141–12(d), section 7.04 of this revenue procedure ap- plies and issuers may apply section 7.02(2) of this revenue procedure. SECTION 8. EFFECTIVE DATE This revenue procedure applies to a nonqualified use that occurs on or after April 11, 2018, and may be applied to a nonqualified use that occurs before April 11, 2018. SECTION 9. DRAFTING INFORMATION The principal authors of this revenue procedure are Timothy L. Jones, Johanna Som de Cerff, and Zoran Stojanovic of the Office of Associate Chief Counsel (Finan- cial Institutions & Products). For further information regarding this revenue proce- dure, contact Zoran Stojanovic at 202- 317-6980 (not a toll-free number). April 30, 2018Bulletin No. 2018–18 548 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 effect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the 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 with modified, below). Clarifiedis used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. 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 being stated in a new ruling. Supersededdescribes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example,modifiedand supersededdescribes 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 published 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 ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings 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 following abbreviations in current use and formerly used will appear in ma- terial published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. 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—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE —Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Bulletin No. 2018–18April 30, 2018 i Numerical Finding List 1 Bulletin 2018–1 through 2018–18 Announcements: 2018-01, 2018-9 I.R.B.387 2018-02, 2018-9 I.R.B.387 2018-03, 2018-9 I.R.B.387 2018-04, 2018-10 I.R.B.401 2018-05, 2018-13 I.R.B.461 2018-07, 2018-16 I.R.B.503 Notices: 2018-01, 2018-3 I.R.B.285 2018-02, 2018-2 I.R.B.281 2018-03, 2018-2 I.R.B.285 2018-05, 2018-6 I.R.B.341 2018-06, 2018-3 I.R.B.300 2018-07, 2018-4 I.R.B.317 2018-08, 2018-7 I.R.B.352 2018-10, 2018-8 I.R.B.359 2018-11, 2018-11 I.R.B.425 2018-12, 2018-12 I.R.B.441 2018-13, 2018-6 I.R.B.341 2018-14, 2018-7 I.R.B.353 2018-15, 2018-9 I.R.B.376 2018-16, 2018-10 I.R.B.390 2018-17, 2018-9 I.R.B.376 2018-18, 2018-12 I.R.B.443 2018-19, 2018-12 I.R.B.443 2018-20, 2018-12 I.R.B.444 2018-21, 2018-15 I.R.B.472 2018-22, 2018-14 I.R.B.464 2018-23, 2018-15 I.R.B.474 2018-24, 2018-17 I.R.B.507 2018-25, 2018-15 I.R.B.476 2018-26, 2018-16 I.R.B.480 2018-28, 2018-16 I.R.B.492 2018-29, 2018-16 I.R.B.495 2018-31, 2018-16 I.R.B.501 2018-32, 2018-17 I.R.B.507 2018-33, 2018-17 I.R.B.508 2018-35, 2018-18 I.R.B.520 2018-37, 2018-18 I.R.B.521 2018-38, 2018-18 I.R.B.522 Proposed Regulations: REG-119514-15, 2018-04 I.R.B.325 REG-129260-16, 2018-14 I.R.B.470 REG-118067-17, 2018-08 I.R.B.360 REG-132197-17, 2018-10 I.R.B.404 REG-132197-17, 2018-10 I.R.B.404 REG-132434-17, 2018-16 I.R.B.503 Revenue Procedures: 2018-1, 2018-1 I.R.B.1 2018-2, 2018-1 I.R.B.106 Revenue Procedures:—Continued 2018-3, 2018-1 I.R.B.130 2018-4, 2018-1 I.R.B.146 2018-5, 2018-1 I.R.B.244 2018-7, 2018-1 I.R.B.282 2018-8, 2018-2 I.R.B.286 2018-9, 2018-2 I.R.B.290 2018-10, 2018-7 I.R.B.355 2018-11, 2018-5 I.R.B.334 2018-12, 2018-6 I.R.B.349 2018-13, 2018-7 I.R.B.356 2018-14, 2018-9 I.R.B.378 2018-15, 2018-9 I.R.B.379 2018-16, 2018-9 I.R.B.383 2018-17, 2018-9 I.R.B.384 2018-18, 2018-10 I.R.B.392 2018-19, 2018-14 I.R.B.466 2018-20, 2018-11 I.R.B.427 2018-21, 2018-14 I.R.B.467 2018-22, 2018-18 I.R.B.524 2018-23, 2018-17 I.R.B.516 2018-24, 2018-18 I.R.B.525 2018-25, 2018-18 I.R.B.543 2018-26, 2018-18 I.R.B.546 Revenue Rulings: 2018-01, 2018-2 I.R.B.275 2018-02, 2018-2 I.R.B.277 2018-03, 2018-2 I.R.B.278 2018-04, 2018-4 I.R.B.304 2018-05, 2018-6 I.R.B.339 2018-06, 2018-10 I.R.B.388 2018-07, 2018-13 I.R.B.445 2018-09, 2018-14 I.R.B.462 2018-10, 2018-16 I.R.B.477 2018-11, 2018-18 I.R.B.518 Treasury Decisions: 9829, 2018-04 I.R.B.308 9830, 2018-11 I.R.B.423 9831, 2018-13 I.R.B.459 9832, 2018-16 I.R.B.477 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2017–27 through 2017–52 is in Internal Revenue Bulletin 2017–52, dated December 27, 2017. April 30, 2018Bulletin No. 2018–18 ii Finding List of Current Actions on Previously Published Items 1 Bulletin 2018–1 through 2018–18 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2017–27 through 2017–52 is in Internal Revenue Bulletin 2017–52, dated December 27, 2017. Bulletin No. 2018–18April 30, 2018 iii INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available atwww.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300
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