us-irs-notices-irb-1997-50-pdf•Internal Revenue Bulletin 1997-50 (PDF rendition): IRS Notices
Internal Revenue Bulletin 1997-50 (PDF rendition): IRS Notices
us-irs-notices-irb-1997-50-pdfInternal Revenue Bulletin 1997-50 (PDF rendition): IRS NoticesGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
INCOME TAX Rev. Rul. 97–52, page 4. LIFO; price indexes; department stores.The October 1997 Bureau of Labor Statistics price indexes are accepted for use by department stores employing the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or with reference to, October 31, 1997. Notice 97–72, page 7. Leased property; substantial modification.Taxpayers are informed of certain conditions under which changes in rental payment terms resulting from a lessor’s refinancing of its indebtedness will not be a substantial modification of the rental agreement for purposes of section 467 of the Code. Announcement 97–120, page 61. Uniform capitalization; farming exception; nursery growers. The Service confirms that recently issued pro- posed regulations specifically permit nursery growers to qualify for the “farming exception” to the uniform capitaliza- tion rules under section 263A of the Code. EMPLOYEE PLANS T.D. 8736, page 5. Final and temporary regulations under section 6071 of the Code relate to the filing date by which Form 4720 returns must be filed by disqualified persons and organization man- agers liable for Code section 4958 excise taxes. Announcement 97–121, page 62. This announcement sets forth administrative programs es- tablished by the Service that, if applicable, may be utilized by a sponsor of a qualified plan or a tax-sheltered annuity (collectively “the plan”) in order for a plan to maintain its tax- favored status. Announcement 97–122, page 63. This announcement describes interim guidance with respect to model and prototype Roth IRAs within the meaning of sec- tion 408A of the Code as added by section 302 of the Tax- payer Relief Act of 1997. EXEMPT ORGANIZATIONS Announcement 97–119, page 61. A list is provided of organizations now classified as private foundations. ADMINISTRATIVE Rev. Proc. 97–54, page 8. Substitute printed, computer-prepared, and computer- generated tax forms and schedules for 1997.Re- quirements are set forth for privately designed and printed federal tax return forms and conditions under which the Service will accept computer-prepared and computer-generat- ed tax forms and schedules. Rev. Proc. 96–48 superseded. Internal Revenue bbuulllleettiinn Bulletin No. 1997–50 December 15, 1997 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. Department of the Treasury Internal Revenue Service Finding Lists begin on page 66. Mission of the Service The purpose of the Internal Revenue Service is to collect the proper amount of tax revenue at the least cost; serve the public by continually improving the quality of our prod- ucts and services; and perform in a manner warranting the highest degree of public confidence in our integrity, effi- ciency, and fairness. 2 Statement of Principles of Internal Revenue Tax Administration The function of the Internal Revenue Service is to adminis- ter the Internal Revenue Code. Tax policy for raising revenue is determined by Congress. With this in mind, it is the duty of the Service to carry out that policy by correctly applying the laws enacted by Congress; to determine the reasonable meaning of various Code provi- sions in light of the Congressional purpose in enacting them; and to perform this work in a fair and impartial manner, with neither a government nor a taxpayer point of view. At the heart of administration is interpretation of the Code. It is the responsibility of each person in the Service, charged with the duty of interpreting the law, to try to find the true meaning of the statutory provision and not to adopt a strained construction in the belief that he or she is “protect- ing the revenue.” The revenue is properly protected only when we ascertain and apply the true meaning of the statute. The Service also has the responsibility of applying and administering the law in a reasonable, practical manner. Issues should only be raised by examining officers when they have merit, never arbitrarily or for trading purposes. At the same time, the examining officer should never hesi- tate to raise a meritorious issue. It is also important that care be exercised not to raise an issue or to ask a court to adopt a position inconsistent with an established Service position. Administration should be both reasonable and vigorous. It should be conducted with as little delay as possible and with great courtesy and considerateness. It should never try to overreach, and should be reasonable within the bounds of law and sound administration. It should, howev- er, be vigorous in requiring compliance with law and it should be relentless in its attack on unreal tax devices and fraud. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents of a permanent nature are consoli- dated semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, 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 in- ternal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying pub- lished rulings and procedures, the effect of subsequent leg- islation, regulations, court decisions, rulings, and proce- dures must be considered, and Service personnel and oth- ers concerned are cautioned against reaching the same con- clusions 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 Subpart B, Legislation 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 Sub- parts. Also included in this part are Bank Secrecy Act Admin- istrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. With the exception of the Notice of Proposed Rulemaking and the disbarment and suspension list included in this part, none of these announcements are consolidated in the Cumu- lative Bulletins. The first Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a quarterly and semiannual basis, and are published in the first Bulletin of the succeeding quarterly and semiannual period, respectively. 3 Introduction 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. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. December 15, 199741997–50 I.R.B. Section 472.—Last-in, First-out Inventories 26 CFR 1.472–1: Last-in, first-out inventories. LIFO; price indexes; department stores. The October 1997 Bureau of Labor Statistics price indexes are ac- cepted for use by department stores em- ploying the retail inventory and last-in, first-out inventory methods for valuing inventories for tax years ended on, or within reference to, October 31, 1997. Rev. Rul. 97–52 The following Department Store Inven- tory Price Indexes for October 1997 were issued by the Bureau of Labor Sta- tistics on November 18, 1997. The in- dexes are accepted by the Internal Rev- enue Service, under § 1.472–1(k) of the Income Tax Regulations and Rev. Proc. 86–46, 1986–2 C.B. 739, for appropriate application to inventories of department stores employing the retail inventory and last-in, first-out inventory methods for tax years ended on, or with reference to, Oc- tober 31, 1997. The Department Store Inventory Price Indexes are prepared on a national basis and include (a) 23 major groups of depart- ments, (b) three special combinations of the major groups - soft goods, durable goods, and miscellaneous goods, and (c) a store total, which covers all departments, including some not listed separately, ex- cept for the following: candy, foods, liquor, tobacco, and contract departments. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 BUREAU OF LABOR STATISTICS, DEPARTMENTSTORE INVENTORYPRICE INDEXES BYDEPARTMENTGROUPS (January 1941 = 100, unless otherwise noted) Percent Change GroupsOct.Oct.from Oct. 1996 19961997to Oct. 1997 1 1. Piece Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .561.0534.5–4.7 2. Domestics and Draperies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .641.0638.4–0.4 3. Women’s and Children’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .661.8672.21.6 4. Men’s Shoes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .920.1910.2–1.1 5. Infants’Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .626.4615.5–1.7 6. Women’s Underwear . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .536.8560.14.3 7. Women’s Hosiery . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .285.7301.65.6 8. Women’s and Girls’Accessories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .557.5541.7–2.8 9. Women’s Outerwear and Girls’Wear . . . . . . . . . . . . . . . . . . . . . . . . . . . . .417.5431.33.3 10. Men’s Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .621.9625.30.5 11. Men’s Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .581.7601.03.3 12. Boys’Clothing and Furnishings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .490.7505.93.1 13. Jewelry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1043.6995.5–4.6 14. Notions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .797.3844.45.9 15. Toilet Articles and Drugs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .901.4916.41.7 16. Furniture and Bedding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .667.5666.2–0.2 17. Floor Coverings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .585.2578.2–1.2 18. Housewares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .808.1812.10.5 19. Major Appliances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .246.2243.3–1.2 20. Radio and Television . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77.874.5–4.2 21. Recreation and Education 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.8108.6–2.9 22. Home Improvements 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125.6132.75.7 23. Auto Accessories 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.4107.90.5 Groups 1 – 15: Soft Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.4610.11.1 Groups 16 – 20: Durable Goods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .467.7463.9–0.8 Groups 21 – 23: Misc. Goods 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.9111.6–1.2 Store Total 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .556.1558.50.4 1 Absence of a minus sign before percentage change in this column signifies price increase. 2 Indexes on a January 1986=100 base. 3 The store total index covers all departments, including some not listed separately, except for the following: candy, foods, liquor, to- bacco, and contract departments. DRAFTING INFORMATION The principal author of this revenue ruling is Stan Michaels of the Office of Assistant Chief Counsel (Income Tax and Accounting). For further information re- garding this revenue ruling, contact Mr. Michaels on (202) 622-4970 (not a toll- free call). Section 6071.—Time for Filing Returns and Other Documents 26 CFR 53.6071–1: Time for filing returns. T.D. 8736 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 53 Time for Filing Form 4720 Return AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final and temporary regula- tions. SUMMARY: This document contains a regulation that specifies the filing date by which Form 4720 returns must be filed by disqualified persons and organization managers liable for Internal Revenue Code section 4958 excise taxes. These excise taxes are imposed on excess bene- fit transactions between disqualified per- sons and section 501(c)(3) organizations (except for private foundations) or section 501(c)(4) organizations. DATES: This regulation is effective Oc- tober 7, 1997. For dates of applicability, see § 53.6071–1(f). FOR FURTHER INFORMATION CON- TACT: Phyllis Haney, (202) 622-4290 (not a toll-free number). SUPPLEMENTARYINFORMATION: Background This document contains amendments to the Foundation and Similar Excise Taxes regulations (26 CFR part 53) under Inter- nal Revenue Code (Code) section 6071. Those amendments provide guidance on the time for filing the return that is required to accompany payment of section 4958 ex- cise taxes. This rule was first published in Notice 96–46 (1996–39 I.R.B. 7) (Septem- ber 23, 1996). Anotice of proposed rule- making (NPRM) of that rule was published at 62 Fed. Reg. 84, by cross reference to a temporary regulation, (T.D. 8705, 62 FR 25), on January 2, 1997. The deadline for comments on the NPRM was April 2, 1997; no comments were received. Taxpayer Bill of Rights 2, Public Law 104-168, 110 Stat. 1452 (TBOR2), en- acted July 30, 1996, added section 4958 to the Code, which imposes excise taxes on excess benefit transactions. Section 4958 taxes apply retroactively to excess benefit transactions occurring on or after September 14, 1995. The taxes do not, however, apply to any benefit arising from a transaction pursuant to any written contract which was binding on September 13, 1995, and at all times thereafter before such transaction occurred. An “excess benefit transaction” subject to tax under section 4958 is any transac- tion in which an economic benefit is pro- vided by an organization described in Code section 501(c)(3) (except for a pri- vate foundation) or 501(c)(4) directly or indirectly to, or for the use of, any dis- qualified person if the value of the eco- nomic benefit provided exceeds the value of the consideration (including the perfor- mance of services) received for providing the benefit. A“disqualified person” is any person who was, at any time during the 5-year period ending on the date of the excess benefit transaction, in a position to exercise substantial influence over the af- fairs of the organization. Disqualified persons also include family members and certain entities in which at least 35 per- cent of the control or beneficial interest are held by persons described in the pre- ceding sentence. Code section 4958 imposes three taxes. The first tax is equal to 25 percent of the excess benefit amount, and is to be paid by any disqualified person who engages in an excess benefit transaction. The sec- ond tax is equal to 200 percent of the ex- cess benefit amount, and is to be paid by any disqualified person if the excess ben- efit transaction is not corrected within the taxable period. The third tax is equal to 10 percent of the excess benefit amount, and is to be paid generally by any organi- zation manager who knowingly partici- pates in an excess benefit transaction. The maximum amount of this third tax with respect to any one excess benefit transaction may not exceed $10,000. An “organization manager” is any officer, di- rector, trustee, or any individual having powers or responsibilities similar to those of any officer, director, or trustee. Final regulations under Code section 6011 were published on January 2, 1997, at T.D. 8705 (62 FR 25), prescribing Form 4720 for calculating and paying the first and third taxes described above. TBOR2 also amended Code section 6033(b) to require section 501(c)(3) orga- nizations to report the amounts of the taxes paid under section 4958 with re- spect to excess benefit transactions in- volving the organization, as well as any other information the Secretary may re- quire concerning those transactions. Sec- tion 6033(f) also was amended to impose the same reporting requirements on sec- tion 501(c)(4) organizations. Those amendments to section 6033 only apply to organizations’returns for taxable years beginning after July 30, 1996. These and other TBOR2 amendments to the report- ing requirements for section 501(c)(3) and section 501(c)(4) organizations are reflected on IRS Forms 990 and 990-EZ beginning with the 1996 versions. Explanation of Provisions This regulation provides the general rule that Form 4720 returns will be due on or before the 15th day of the fifth month fol- lowing the close of the taxable year of any disqualified person or organization man- ager who is liable for section 4958 excise taxes on excess benefit transactions. The regulations also provide that returns on Form 4720 for taxable years ending after September 13, 1995, and on or before July 30, 1996, will be due on or before Decem- ber 15, 1996. See also Notice 96–46 (1996–39 I.R.B. 7) (September 23, 1996), and 62 FR 25, 84 (January 2, 1997). Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in EO 12866. 1997–50 I.R.B.5December 15, 1997 Therefore, a regulatory assessment is not required. It also has been determined that section 553(b) of the Administrative Pro- cedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and because the regulation does not impose a collec- tion of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chapter 6) does not apply. Pursuant to section 7805(f) of the Internal Revenue Code, these regulations will be submitted to the Chief Counsel for Advocacy of the Small Business Administration for com- ment on their impact on small business. Drafting Information The principal author of these regulations is Phyllis Haney, Office of Associate Chief Counsel (Employee Benefits and Exempt Organizations). However, other personnel from the IRS and Treasury Department participated in their development. List of Subjects in 26 CFR Part 53 Excise taxes, Foundations, Invest- ments, Lobbying, Reporting and record- keeping requirements. Adoption of Amendments to the Regu- lations Accordingly, 26 CFR part 53 is amended as follows: PART53—FOUNDATION AND SIMILAR EXCISE TAXES Paragraph 1. The authority citation for part 53 continues to read as follows: Authority: 26 U.S.C. 7805. §53.6071–1T[Amended] §53.6071–1 [Amended] Par 2. In §53.6071–1T, paragraph (f) is redesignated as paragraph (f) of §53.6071–1. §53.6071-1T[Removed] Par 3. §53.6071–1Tis removed. Michael P. Dolan, Acting Commissioner of Internal Revenue. Donald C. Lubick, Acting Assistant Secretary of the Treasury. (Filed by the Office of the Federal Register on Octo- ber 6, 1997, 8:45 a.m., and published in the issue of the Federal Register for October 7, 1997, 62 F.R. 52256) December 15, 199761997–50 I.R.B. 1997–50 I.R.B.7December 15, 1997 Substantial Modification of Rental Agreements Notice 97–72 PURPOSE This notice informs taxpayers of cer- tain conditions under which changes in rental payment terms resulting from a re- financing of indebtedness incurred by a lessor to acquire property that is the sub- ject of a rental agreement will not be a substantial modification of the rental agreement for purposes of § 467 of the In- ternal Revenue Code. The Treasury De- partment intends to issue final regulations under § 467 that will incorporate these conditions. BACKGROUND On June 3, 1996, the Internal Revenue Service and Treasury issued proposed In- come Tax Regulations under § 467, pub- lished in a Notice of Proposed Rulemak- ing (61 Fed. Reg. 27834). The regulations provide that, if a rental agreement is a § 467 rental agreement, the lessor and lessee must take into account for a taxable year the § 467 rent and the § 467 interest for that year. The proposed regulations provide that a rental agreement is a § 467 rental agreement if it has increasing or de- creasing rent, or deferred or prepaid rent, and the aggregate rental payments and other consideration to be received for the use of the property exceed $250,000. Under § 1.467–3 of the proposed regu- lations, if a § 467 rental agreement is a leaseback or long-term agreement that provides for increases or decreases in rent that have a principal purpose of Federal income tax avoidance (a disqualified leaseback or long-term agreement), the Commissioner may require the lessor and lessee to use constant rental accrual. Sec- tion 467(e)(1) provides that the “constant rental amount” is an amount that, if paid at the close of each lease period under the agreement, would result in an aggregate present value equal to the present value of the aggregate payments required under the agreement. Section 467(b)(5) and the § 467 proposed regulations provide cer- tain safe harbor exceptions to the applica- tion of constant rental accrual. The regulations are proposed to be ef- fective for (1) disqualified leasebacks and long-term agreements entered into after June 3, 1996, and (2) all other rental agreements entered into after the date on which final § 467 regulations are pub- lished. Under § 1.467–1(f) of the proposed regulations, if, after the lease term begins, the lessor and lessee agree to a substantial modification of the terms of the lease, the remaining portion of the rental agree- ment, as modified, is treated as a new rental agreement for purposes of § 467 and the regulations thereunder, including the effective date provisions. Thus, for example, such a rental agreement must be retested to determine whether increases or decreases in rent were motivated by Fed- eral income tax avoidance, or whether a safe harbor exception to constant rental accrual applies. The proposed regulations provide no guidance regarding whether a substantial modification has occurred. Conse- quently, commentators have expressed concern that a refinancing of indebted- ness incurred to acquire property that is the subject of a rental agreement entered into prior to the effective date of the § 467 regulations will result in a substantial modification of the rental agreement. This treatment may occur because, even though the lessee is not directly obligated to pay the principal of, or interest on, such indebtedness, in many leases, the rent paid by the lessee is affected by the lessor’s debt service costs. Thus, the concern of the commentators is that a re- financing of the lessor’s indebtedness after June 3, 1996, will cause a change in rental payments that will constitute a sub- stantial modification of the rental agree- ment and may cause the remaining por- tion of the rental agreement to be treated as a disqualified leaseback or long-term agreement under the § 467 regulations (and therefore subject to constant rental accrual). EFFECTOF REFINANCING In response to the concerns of com- mentators, the final regulations under § 467 will provide that the refinancing of any indebtedness incurred by the lessor to acquire the property subject to a rental agreement and secured by the property, together with any corresponding changes in the rights or obligations of the lessee under the rental agreement, will not be treated as a substantial modification of the rental agreement if all of the following conditions are met: (a) Neither the amount, nor the time for payment, of the principal amount of the new indebtedness differs from the amount and time for payment of the prin- cipal amount of the refinanced indebted- ness, except for de minimis changes; (b) For each of the remaining rental periods, the rent allocation schedule, the payments of rent and interest, and the amount accrued under § 467 are changed only as necessary to take into account the change in financing costs, and such changes are made pursuant to the terms of the rental agreement; (c) The lessor and the lessee are not re- lated persons (as defined in § 1.467– 1(h)(7) of the proposed regulations) to each other or to any lender to the lessor with respect to the property (whether under the refinanced indebtedness or the new indebtedness); and (d) The lessor has a unilateral option (within the meaning of § 1.1001–3(c)(3)), with or without the consent of the lessee, to repay the refinanced indebtedness. DRAFTING INFORMATION The principal author of this notice is Stephen J. Toomey of the Office of Assis- tant Chief Counsel (Income Tax and Ac- counting). For further information re- garding this notice, contact Mr. Toomey at (202) 622-4960 (not a toll-free call). Part III. Administrative, Procedural, and Miscellaneous December 15, 199781997–50 I.R.B. Rev. Proc. 97–54 TABLE OF CONTENTS CHAPTER ONE—INTRODUCTION TO SUBSTITUTE FORMS Overview of Revenue Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 IRS Contacts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 Nature of Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14 CHAPTER TWO—GENERALGUIDELINES FOR SUBMISSIONS AND APPROVALS General Specificiations for Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .15 Highlights of Permitted Changes and Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Vouchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .17 Restrictions on Changes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .18 Guidelines for Obtaining IRS Approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .19 Office of Management and Budget (OMB) Requirements for All Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .22 CHAPTER THREE—PHYSICALASPECTS AND REQUIREMENTS General Guidelines for Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Paper . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Margins . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Examples of Approved Formats . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 Miscellaneous Information for Substitute Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 CHAPTER FOUR—ADDITIONALRESOURCES Guidance From Other Revenue Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Ordering Publications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .31 Electronic Tax Products . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .32 Federal Tax Forms on CD-ROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 CHAPTER FIVE—REQUIREMENTS FOR SPECIFIC TAX RETURNS Tax Returns (Form 1040, 1040A, 1120, Etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .34 Changes Permitted to Graphics (Forms 1040Aand 1040) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .35 Changes Permitted to Form 1040AGraphics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Changes Permitted to Form 1040 Graphics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 CHAPTER SIX—FORMATAND CONTENTOF SUBSTITUTE RETURNS Acceptable Formats for Computer-Generated Forms and Schedules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .38 Additional Instructions for All Forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 CHAPTER SEVEN—OCR FORMS Special Form 1040EZ Optical Character Recognition/Image Character Recognition (OCR/ICR) Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Computer-Generated Alternative Returns, Form 1040PC Format Return . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 Form 941 Requirements—OCR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42 Specifications for OCR Scannable Application Forms for Employee Plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 CHAPTER EIGHT—MISCELLANEOUS FORMS AND PROGRAMS Paper Substitutes for Form 1042–S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .44 Specifications for Filing Substitute Schedules K–1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Procedures for Printing Internal Revenue Service Envelopes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Procedures for Substitute Form 5471 and Form 5472 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .48 CHAPTER NINE—ALTERNATIVE METHODS OF FILING Forms for Electronically Filed Returns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 FTD Magnetic Tape Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 Effect on Other Documents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .51 EXHIBITS Exhibit A–1. Schedule A(Preferred) Exhibit A–2. Schedule A(Acceptable) Exhibit B–1. Schedule B (Preferred) Exhibit B–2. Schedule B (Acceptable) Exhibit CG–A. Schedule A(Computer Generated) Exhibit CG–B. Schedule B (Computer Generated) Exhibit C. Sample Checklist Exhibit L–1. List of Forms Referred to in Revenue Procedure 1997–50 I.R.B.9December 15, 1997 Chapter 1 Introduction to Substitute Forms Overview of Revenue Procedure 97–54 PurposeThis revenue procedure provides the general requirements and conditions for the development, printing, and approval of all substitute tax forms to be acceptable for filing in lieu of official IRS forms. Unique FormsCertain unique, specialized forms require the use of other additional revenue procedures to supplement this publication. See Chapter 4. ScopeThe Internal Revenue Service accepts quality substitute tax forms that are consistent with the official forms, and that do not have an adverse impact on our processing. The IRS Substitute Forms Program administers the formal acceptance and processing of these forms nationwide. While this program deals primarily with paper documents, it also interfaces with other processing and filing media such as: • magnetic tape, • optical character recognition, and • electronic filing, etc. Only those substitute forms that comply fully with the requirements set forth herein are acceptable. Exhibit L–1 lists the form numbers mentioned in this document and their titles. This revenue procedure is updated as required to reflect pertinent tax year form changes and to meet processing and/or legislative requirements. Forms Covered by The following types of forms are covered by this revenue procedure: This Revenue Procedure• IRS tax returns and their related forms and schedules. • Applications for permission to file returns electronically and forms submitted as required documentation for electronically filed returns. • Powers of Attorney. • Estimated tax payment vouchers. • Forms and schedules relating to partnerships, exempt organizations, and employee plans. Forms NOTCovered The following types of forms are not covered: by This Revenue Procedure• W–2, W–3, 1096, 1098, 1099 series, 5498, and W–2G (see following table). • Federal Tax Deposit (FTD) coupons, which may not be reproduced. • Requests for information or documentation initiated by the Service. • Forms used internally by the Service. • State tax forms. • Forms developed outside IRS (except for Form TD F 90–22.1, Report of Foreign Bank and Financial Accounts). December 15, 1997101997–50 I.R.B. IRS Contacts Where To Send Send your substitute forms to the following offices: Substitute Forms 1997–50 I.R.B.11December 15, 1997 FormOffice and Address W–2, W–3Internal Revenue Service Attn: Substitute Form W–2 Coordinator CP:CO:SC:A 5000 Ellin Road Lanham, MD 20706 1096, 1098, 1099 Series, 5498, and W–2GInternal Revenue Service Attn: IRPCoordinator T:S:P:S 5000 Ellin Road Lanham, MD 20706 4461, 4461–A, 4461–B, 5300, 5323, 5327, 5310, Internal Revenue Service 5310–A, and 6406Attn: EPOCR Forms Coordinator E:EP:FC 1111 Constitution Avenue, NW Room 2232 IR Washington, DC 20224 All othersInternal Revenue Service Attn: Substitute Forms Program T:FP:S 1111 Constitution Avenue, NW Room 2708 IR Washington, DC 20224 In addition, the Substitute Forms Program can be contacted via email at steves@publish.no.irs.gov. DO NOT attach graphic files for approval with email. Nature of Changes Changes to • Information on IRS Contact offices has been consolidated. the Revenue Procedure• Payment vouchers size requirements have been revised and specifications moved from exhibits to text. • Graphics changes revised for Form 1040, Page 2. • Asample exhibit of a checklist of forms for use in submitting substitute forms has been included. • Instructions for machine reading (scanning) Form 941 OCR or Schedule B (Form 941) have been delet- ed. • Previous instructions labeled “Special Form 941 Requirements” have been removed from this revenue procedure. • The office phone number and address for 1040PC Project Office has been updated. • Aparagraph has been added on Tax Fax and CD-ROM ordering instructions have been updated. • Various editorial changes have been made. December 15, 1997121997–50 I.R.B. Definitions Substitute FormAtax form (or related schedule) that differs in any way from the official version and is intended to replace the entire form that is printed and distributed by the Service. This term also covers those approved substi- tute forms exhibited in this revenue procedure. PrintedAform produced using conventional printing processes. Also, a printed form which has been reproduced (orPreprinted)by photocopying or similar processes. Form Preprinted Pin- Aprinted form that has marginal perforations for use with automated and high-speed printing equipment. Fed Form Computer-Prepared Apreprinted form in which the taxpayer’s tax entry information has been inserted by a computer, computer- Substitute Formprinter, or other computer type equipment, such as word-processing equipment. Computer-GeneratedAtax return or form that is entirely designed and printed by the use of a computer printer, such as a laser Substitute Tax printer, etc., on plain white paper. This return or form must conform to the physical layout of the corre- Return orFormsponding Service form although the typeface may differ. The text should match the text on the officially printed form as closely as possible; condensed text and abbreviations will be considered on a case-by-case basis. Exception: All jurats (perjury statements) must be reproduced verbatim. Manually-Prepared Apreprinted reproduced form in which the taxpayer’s tax entry information is entered by an individual Formusing a pen, pencil, typewriter, or other non-automated equipment. Computer- Atax return that contains only the taxpayer’s significant line entries, and is formatted three columns per Generated Answerpage with tax form headings, a summary, and jurat. This return is printed on plain white paper using a Sheet Format computer printer. Tax Return GraphicsThose parts of a printed tax form that are not tax amount entries nor called-for information. Generally, these are line numbers, captions, shadings, instructions, special indicators, borders, rules, and strokes created by typesetting, photographics, photocomposition, etc. AcceptableAlegible photocopy of an original form. Reproduced Form Supporting Adocument providing detailed information to support an entry for a line(s) on an official or approved substitute Statement form and filed with (attached to) a tax return. (Asupporting statement is not a tax form and does not take the (Supplementalplace of an official form, unless specifically permitted elsewhere in this procedure.) Schedule) Specific Forms The following terms are used throughout this revenue procedure in reference to all substitute forms, with the Termsexception of the 1040PC “answer sheet format” tax return. FormatThe overall physical arrangement and general layout of a substitute form. SequenceThe same numeric and logical placement order of data, as reflected on the official form version. Sequence is an integral part of the total format requirement. Line ReferenceThe line numbers, letters or alphanumerics used to identify each captioned line on the official forms, and (Code)printed to the immediate left of each caption or data entry field. Item CaptionThe textual portion of each line on the form identifying the specific data elements required. Data Entry FieldAll areas designated on a form for the insertion of data, such as dollar amounts, quantities, responses, check- boxes, etc. 1997–50 I.R.B.13December 15, 1997 Agreement Important Any person or company who uses substitute forms and makes all or part of the changes specified in this Stipulation of revenue procedure agrees to the following stipulations: This Revenue Procedure • The Internal Revenue Service presumes the changes are made in accordance with these procedures and, as such, will be noninterruptive to the processing of the tax return. • Should any of the changes prove to be not exactly as described, and as a result become disruptive to the In- ternal Revenue Service during processing of the tax return, the person or company agrees to accept the de- termination of the IRS as to whether or not the form may continue to be used during the filing season. • Also agrees to work with the IRS in correcting noted deficiencies. Notification of deficiencies may be made by any combination of fax, letter, email, or phone contact and may include the return of unaccept- able forms for resubmission of acceptable forms. December 15, 1997141997–50 I.R.B. Chapter 2 General Guidelines for Submissions and Approvals General Specifications for Approval OverviewIf you produce any tax returns and forms using IRS guidelines on permitted changes, you can generate your own substitutes without further approval. If your changes are more extensive, you must get official approval before using substitute forms. These changes include the use of typefaces and sizes other than those found on the official form and the condensing of line item descriptions to save space. SchedulesSchedules are considered to be an integral part of a complete tax return when assigned consecutive page num- bers and printed contiguously with page 1 of the return. Example of Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, is an example of this Schedules That situation, where Schedules Athrough S have pages numbered as part of the basic return. For a Form 706 Must Be Submitted to be approved, the entire form including Schedules Athrough S must be submitted. With the Return Examples of However, Schedules 1, 2, and 3 of Form 1040Aare examples of schedules that can be separately computer- Schedules That generated. Although IRS printed as a continuation of Form 1040A, none of these schedules have page num- Can Be Submittedbers that require them to be filed with Form 1040A, and may, therefore, be separated from Form 1040Aand Separatelysubmitted as computer-generated substitute schedules. Use and Distribution The Internal Revenue Service is continuing a program to identify and contact tax return preparers, forms of Unapproved developers, and software publishers who use or distribute unapproved forms that do not conform to this Formsrevenue procedure. The use of unapproved forms impedes processing of the returns. 1997–50 I.R.B.15December 15, 1997 Highlights of Permitted Changes and Requirements Methods of Official versions are supplied by the Internal Revenue Service, such as those in the taxpayer’s tax package, Reproducing those printed in revenue procedures, and over-the-counter forms available at IRS and other governmental Internal Revenue public offices or buildings. Forms are also available on CD-ROM, and on-line via Fedworld and the Service FormsInternet. There are methods of reproducing Internal Revenue Service printed tax forms suitable for use as substitute tax forms without prior approval. • You can photocopy most tax forms and use them instead of the official ones. The entire substitute form, including entries, must be legible. • You can reproduce any current tax form as cut sheets, snapsets, and marginally punched, pin-fed forms so long as you use an official IRS version as the master copy. • You can reproduce a “signature form” as a valid substitute form. Many tax forms (including returns) have a taxpayer signature requirement as part of the form layout. The jurat/perjury statement/signature line areas must be retained and worded exactly as on the official form. The requirement for a signature by itself does not prohibit a tax form from being properly computer-generated. • You can computer-generate Answer Sheet Format Tax Returns on plain bond paper using IRS-accepted software for the 1040PC format for return types 1040EZ, 1040, 1040A, and attachments, forms, and schedules. December 15, 1997161997–50 I.R.B. Vouchers OverviewAll payment vouchers (Forms 940–V, 940–EZ(V), 941–V, 943–V, 945–V, 1040–V, and 2290–V) must be reproduced. Substitute vouchers must be the same size as the officially printed vouchers. Vouchers that are prepared for printing on a laser printer may include a scanline. Scanline FieldsNNNNNNNNN AAAAAANN N NNNN NNN AB C D E F G A- Social Security Number/Employer Identification Number (SSN/EIN) has 9 numeric spaces. B - Check Digit has 2 alpha spaces. C - Name Control has 4 alphanumeric spaces. D - Master File Tax (MFT) Code has 2 numeric spaces (see below). E - Taxpayer Identification Number (TIN) Type has 1 numeric space (see below) F - Tax period has four numeric spaces in year/month format (YYMM). G - Transaction Code has 3 numeric spaces. MFTCodeCode Number for: • Form 1040 family - 30; • Form 940/940-EZ - 10; • Form 941 - 01; • Form 943 - 11; • Form 945 - 16; and • Form 2290 - 60. TIN TypeType Number for: • Form 1040 family - 0; and • Forms 940, 940–EZ, 941, 943, 945, and 2290–2. VoucherSizeThe voucher size must be exactly 8.0033.250. The document scanline must be vertically positioned 1.625 inches from the bottom of the scanline to the bottom of the voucher. The right most character of the scan- line must be placed 3.5 inches from the right leading edge of the document. The maximum vertical dis- placement is .06 inches. The minimum required horizontal clear space between characters is .014 inches. The line to be scanned must have a clear band 0.25 inches in height from top to bottom of the scanline, and from border to border of the document. “Clear band” means no printing except for dropout ink. Print and PaperVouchers must be printed in black ink using OCR Aor OCR B, size 1 font. The paper must be 20 to 24 Weightpound OCR bond paper weight. 1997–50 I.R.B.17December 15, 1997 Restrictions on Changes Things You You cannot, without prior IRS approval, change any Internal Revenue Service tax form or use your own CANNOTDo(non-approved) versions (preprinted labels), including graphics, unless specifically permitted by this rev- to IRS Forms enue procedure. Suitable for Substitute Tax You cannot adjust any of the graphics on Forms 1040, 1040A, and 1040EZ (except in those areas specified Formsin Chapter 5 of this revenue procedure) without prior approval from the IRS Substitute Forms Program. You cannot use your own preprinted label on tax returns filed with IRS, unless you fully comply with the exception criteria specified in the section on use of preaddressed IRS labels in this revenue procedure. December 15, 1997181997–50 I.R.B. Guidelines for Obtaining IRS Approval BasicPreparers who desire to file substitute privately designed and printed tax forms and/or computer-generated Requirementsand computer-prepared tax forms must develop such substitutes using the guidelines for substitute forms established in this chapter. These substitutes, unless excepted by revenue procedure, must be approved by the IRS before being filed. 1040PC Format Asoftware developer who wants to market, distribute, or use for its own clientele, a tax preparation pack- Returnage featuring the 1040PC tax return format, must first file an application to participate in the program. Only after successfully fulfilling test requirements will a developer’s software package be accepted by the IRS to produce 1040PC tax returns. Conditional The Internal Revenue Service cannot grant final approval of your substitute form until the official form has Approval Basedbeen published. However, the IRS usually releases advance proof copies of selected major tax forms that on Advanced are subject to further changes and OMB approval before their release in final format for printing and distri- Proofsbution to the public. We encourage submission of proposed substitutes of these advance proof forms, and will grant conditional approval based solely on these early proofs. These advance proofs are subject to significant change before forms are finalized. If these advance proofs are used as the basis for your substitute forms, you will be responsible for subsequently updating your final forms to agree with the final official version before use. These revisions need not be submitted for further approval. NOTE: Conditional approval will not be granted after the final version of an official form is published. Any alteration of forms must be within the limits acceptable to the Service. It is possible that, from one fil- ing period to another, a change in law or a change in internal need (processing, audit, compliance, etc.) may change the allowable limits for the alteration of the official form. When specific approval of any substitute form (other than those specified in Chapter 2, IRS Contacts) is desired, a sample of the proposed substitute should be forwarded for consideration by letter to the Substitute Forms Program Coordinator at the address shown in Chapter 2. To expedite multiple forms approval, we prefer that your proposed forms be submitted in separate sets by return. For example, Forms 1040 and their normally related schedules or attachments should be submitted separately from Forms 1120, 1065, 5500 Series, etc., if at all possible. Schedules and forms (e.g., Forms 3468, 4136, etc.) that can be used with more than one type of return (e.g., 1040, 1041, 1120, etc.) should be submitted only once for approval, regardless of the number of different tax returns with which they may be ultimately associated. In addition, all pages of a multipage form or return should be submitted in the same package. Approving OfficesAs no IRS office except the ones specified in this procedure are authorized to approve substitute forms, unnecessary delay may result if forms are sent elsewhere for approval. All forms submitted to any other office must be forwarded to the appropriate office for formal control and review. The Substitute Forms Program Coordinator may then coordinate the response with the program analyst responsible for the pro- cessing of that form. Such coordination may include allowing the analyst to officially approve the form. No IRS office is authorized to allow deviations from this revenue procedure. Service’s Review The IRS does not review or approve the logic of specific software programs, nor confirm the calculations of Software entered on forms output from these programs that are submitted for approval. The accuracy of the program Programs, etc.itself remains the responsibility of the software package developer, distributor, or user. The Substitute Forms Program is primarily concerned with the prefiling quality review of the final forms output, produced by what- ever means, that are expected to be processed by IRS field offices. For the above reasons, it is suggested that you submit forms without including any “taxpayer” information such as names, addresses, monetary amounts, etc. When to Send Proposed substitutes, which are required to be submitted per this revenue procedure, should be sent as Proposed much in advance of the filing period as possible. This is to allow adequate time for analysis and response. Substitutes 1997–50 I.R.B.19December 15, 1997 Guidelines for Obtaining IRS Approval, Continued Accompanying When the sample substitute is submitted, there should be an accompanying statement that lists the form Statementnumber of each substitute requested and detail those items that deviate from the official form in position, arrangement, appearance, line numbers, additions, deletions, etc. Included with each of the items should be a detailed reason or justification for the change and an approximation of the number of forms expected to be filed. When requesting approval for multiple forms, the statement should be presented as a checksheet. Checksheets are not mandatory, but do facilitate the approval process. The checksheet may look like the example (Exhibit C) displayed in the back of this procedure or may be one of your own design. Please include your fax number on the checksheet. Approval/Non- The Substitute Forms Coordinator will fax the checksheet or an approval letter back to the originator if a Approval Noticefax number has been provided, unless: • the requester has asked for a formal letter, or; • significant corrections are required to the submitted forms. Notice of approval may contain qualifications for use of the substitutes. Notices of non-approval letters may specify the changes required for approval, and may also require resubmission of the form(s) in question. Telephone contact is used when possible. Duration of Most signature tax returns and many of their schedules and related forms have the tax (liability) year printed Approvalin the upper right corner. Approvals for these forms are usually good for one calendar year (January through December of the year of filing). Quarterly tax forms in the 94X series, and Form 720, require approval for any quarter in which the form has been revised. • If the preprinted year is the only change made to a form, the form for the upcoming year is not subject to review. • Otherwise, each new filing season requires a new approval. Limited Continued Limited continued use of a change approved for one tax year may be allowed for the same form in the fol- Use of Approved lowing tax year. Examples of such limitations and requirements are the use of abbreviated words, revised Changeform spacing, compressed text lines, shortened captions, etc., which do not change the consistency of lines or text on the official forms. If substantial changes are made to the form, new substitutes must be submitted for approval. If only minor editorial changes are made to the form, it is not subject to review. If you received written approval of a previous tax year substitute form governed by this revenue procedure and continue to use the approved change on your current tax year substitute form, you may revise your form to include this change and, without additional written approval, use it as a current tax year substitute form, provided you comply with the requirements in this revenue procedure. When Approval If you received written approval for a specific change on a specific form last year, such as deleting the Is Not Requiredvertical lines used to separate dollars and cents on some forms and schedules, e.g., Schedules A& B of Form 1040, you may again make the same change on the same form this year if the item changed is present on this year’s official form. • The new substitute does not have to be sent to the IRS and written approval is not required. • However, the new substitute must conform to the official current year IRS form in other respects: date, Office of Management and Budget (OMB) approval number, attachment sequence number, Paperwork Reduction Act Notice statement, arrangement, item caption, line number, line reference, data sequence, etc. •It must also comply with this revenue procedure—which may have eliminated, added to, or otherwise changed the guideline(s) which affected the change approved last year. Exception: Those written approvals which state that the approved change or form would not be allowed in any other tax year, or for a temporary, limited, or interim approval pending resolution of a failure to meet one or more IRS-prescribed requirements. • This authorization for continued use of an approved change is limited to the continuation of design logic from an immediately prior tax year substitute form to a current tax year substitute form. December 15, 1997201997–50 I.R.B. Guidelines for Obtaining IRS Approval, Continued Continuous Forms without preprinted tax years are called “continuous use” forms. Many of these forms had expiration Use Formsdates, but these are being phased out. Continuous use forms are revised when a legislative change affects the form or a change will facilitate processing. Internet Program Achart of print dates (for annual and quarterly forms) and most current revision dates (for continuous use Chartforms) will be maintained on the Internet. For further details, see the section on Internet access in Chapter 4 of this revenue procedure. Required CopiesGenerally, you must send us one copy of each form being submitted for approval. However, if you are pro- ducing forms for different computer systems (e.g., IBM (or compatible) vs. MacIntosh) or different types of printers (laser vs. dot matrix), and these forms differ significantly in appearance, submit one copy for each type of system or printer. Requestor’s Following the receipt of initial approval for a substitute forms package, or of a software output program to Responsibility Afterprint substitute forms, it is the responsibility of the originator (designer or distributor) to provide each sub- Receipt of Approval sequent client firm or individual with the pertinent Service forms requirements that must be met for contin- uing acceptability. Examples of this responsibility include: • The use of prescribed print paper, font size, legibility, state tax data deletion, • The legal requirements of the Paperwork Reduction Act Notice for informing all users of substitute forms of the official use and collection requirements stated in the instructions for the official IRS forms, com- pletion of documents, etc. Source CodeThe Substitute Forms Program Coordinator Office, T:FP:S, will assign a unique source code to each firm that submits substitute paper forms for approval. This will be a permanent control number that should be used on every form created by a particular firm. • This source code should be printed at the bottom left margin area on the first page of every approved sub- stitute paper form. • The source code for paper returns consists of three alpha characters. • This source code should not be used on optically scanned (OCR) forms, except for certain specified Forms 1040–ES. 1997–50 I.R.B.21December 15, 1997 Office of Management and Budget (OMB) Requirements for All Substitute Forms OMB Legal Requirements of the Paperwork Reduction Act of 1995 (“Act”). Public Law 104-13 requires that: Requirements forAll Substitute • OMB approve all IRS tax forms that are subject to the Act, Forms • Each IRS form contains (in the upper right corner) the OMB number, if any, and • Each IRS form (or its instructions) states why IRS needs the information, how it will be used, and whether or not the information is required to be furnished. This information must be provided to every user of official or substitute tax forms. Application of Act On forms to which OMB numbers have been assigned: to Substitute Forms • All substitute forms must contain in the upper right corner the OMB number that is on the official form. • Format Required - OMB No. XXXX-XXXX (Preferred) or OMB # XXXX-XXXX. RequiredYou must also inform the users of your substitute forms of the IRS use and collection requirements stated Explanation to in the instructions for the official Internal Revenue Service form. Users • If you provide your users or customers with the official IRS instructions, page 1 of each form must retain either the Paperwork Reduction Act Notice, or a reference to it as the IRS does on the official forms (usu- ally in the lower left corner of the forms). • If the IRS instructions are not provided to users of your forms, the exact text of the Paperwork Reduction Act Notice must be furnished on the form or separately. • This notice reads, in part, “We ask for this information to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to insure that you are complying with these laws and to allow us to figure and collect the right amount of tax...” • You must also include a copy of the alternative statement provided to users of your forms with the forms you submit for approval. Obtaining OMB The OMB number and Paperwork Reduction Act Notice may be obtained from the official form (or its Numberand Noticeinstructions), any format produced by the IRS (e.g., Compact Disc (CD), Internet download, or Bulletin Board System (BBS) download). December 15, 1997221997–50 I.R.B. Chapter 3 Physical Aspects and Requirements General Guidelines for Substitute Forms General The Official Form is the Standard. Because a substitute form is a variation from the official form, you Informationshould know the requirements of the official form for the year of use before you modify it to meet your needs. The Internal Revenue Service provides several means of obtaining the most frequently used tax forms. These include the Internet, fax-on-demand, CD-ROM and an electronic forms bulletin board (see chapter 4). DesignEach form must follow the design of the official form as to format arrangement, item caption, line numbers, line references, and sequence. State Tax State tax information must not appear (be visible) on the federal tax return or associated form or schedule Information which is filed with the Internal Revenue Service, except where amounts are claimed on or required by the Prohibitedfederal return, e.g., state and local income taxes, Schedule A(Form 1040). Attachment • Most individual income tax forms have a required “attachment sequence number” located just below Sequence Numberthe year designation in the upper right corner of the form. The Internal Revenue Service uses this number to indicate the order in which forms are to be attached to the tax return so they may be processed in that order. Some of the attachment sequence numbers may change each year. On Computer-prepared forms: • It must be printed in no less than 12-point boldface type and centered below the form’s year designation. • The sequence number must be placed following the year designation for the tax form and separate with an asterisk. • It is not necessary to duplicate the “Attachment Sequence Number” wording, except for the actual num- ber. Paid Preparer’s On Forms 1040EZ, 1040A, 1040, and 1120, etc., the “Paid Preparer’s Use Only” area may not be re- Information and arranged or relocated. You may, however, add three extra lines to the paid preparer’s address area without Signature Areaprior approval. This applies to other tax forms as well. Please note that the preparer’s area on Form 1040EZ is on the bottom of page 2. Substitute Forms 1040EZ with the preparer area in any location other than the bottom of page 2 will not be accepted. Assembly of FormsIf developing software or forms for use by others, please inform your customers/clients that the order in which the forms are arranged may affect the processing of the package. Areturn must be arranged in this order: 1997–50 I.R.B.23December 15, 1997 Vertical Alignment of Amount Fields IfThen a form is to be manually prepared• the federal column must have a vertical line or some type of indicator in the amount field to separate dollars from cents if the official form has a vertical line. • the cents column must be at least 2/10” wide. a form is to be computer-generated• vertically align the amount entry fields where possible. • use one of the following amount formats: • 0,000,000. • 0,000,000.00 a form is to be computer-prepared• you may remove the vertical line in the amount field that separates dollars from cents. • use one of the following amount formats: • 0,000,000. • 0,000,000.00 • Supporting statements must be in the same sequence as the forms they support, and • Additional information required or voluntarily submitted. In this way, they are received in the order in which they must be processed. If you do not send them to us in this order, the Internal Revenue Service has to delay the return package to disassemble them and place them in order before processing is continued. December 15, 1997241997–50 I.R.B. If the Form IsThen Sequence Is 1040• Form 1040, schedules • Schedules and forms in sequence number order Any other (Form 1120, 1120S, 1065, 1041, etc.)• the tax return • lettered schedules (Schedule D, etc.) in alphabetical order • numbered forms in numerical order Assembly of Forms Continued General Guidelines for Substitute Forms Continued Paper PaperContentThe paper must be: • Chemical wood writing paper that is equal to or better than the quality used for the official form • At least 18 pound (1703220, 500 sheets), or • At least 50 pound offset book (2503380, 500 sheets). Paperwith There are several kinds of paper prohibited for substitute forms. These are: Chemical• Carbon-bonded paper Transfer• Chemical transfer paper except when the following specifications are met: Properties• Each ply within the chemical transfer set of forms must be labeled. • Only the top ply (ply one and white in color), the one that contains chemical on the back only (coated back), may be filed with the Service. ExampleAset containing three plies would be constructed as follows: one ply (coated back), “Federal Return, File with IRS”; ply two (coated front and back), “Taxpayer’s copy”, and ply three (coated front), “Preparer’s copy.” • The file designation, “Federal Return, File with IRS,” for ply one must be printed in the bottom right mar- gin (just below the last line of the form) in 12-point, bold-face type. • It is not mandatory, but recommended, that the file designation ”Federal Return, File with IRS,” be print- ed in a contrasting ink for visual emphasis. Carbon PaperDo not attach any carbon paper to any return you file with the Internal Revenue Service. Paperand Ink We prefer that the color and opacity of paper substantially duplicates that of the original form. This means Colorthat your substitute must be printed in black ink and may be on white or on the colored paper the IRS form is printed on. Forms 1040Aand 1040 substitute reproductions may be in black ink without the colored shad- ing. The only exception to this rule is Form 1041–ES, which should always be printed with a very light gray shading in the color screened area. This is necessary to assist us in expeditiously separating this form from the very similar Form 1040–ES. Page SizeSubstitute or reproduced forms and computer prepared/generated substitutes may be the same size as the offi- cial form (803110in most cases) or they may be the standard commercial size (8 1 ⁄ 2 03110) exclusive of pin- feed holes. The thickness of the stock cannot be less than .003 inch. 1997–50 I.R.B.25December 15, 1997 Printing Printing MediumThe private printing of all substitute tax forms must be by conventional printing processes, photocopying, computer-graphics, or similar reproduction processes. LegibilityAll forms must have a high standard of legibility, both as to printing and reproduction and as to fill-in mat- ter. Entries of taxpayer data may be no smaller than eight points. The Internal Revenue Service reserves the right to reject those with poor legibility. The ink and printing method used must ensure that no part of a form (including text, graphics, data entries, etc.) develops “smears” or similar quality deterioration. This includes any subsequent copies or reproductions made from an approved master substitute form, either during prepa- ration or during IRS processing. Type FontMany federal tax forms are printed using “Helvetica” as the basic type font. We request that you use this type font when composing substitute forms. Print SpacingSubstitute forms should be printed using a 6 lines/inch vertical print option. They should also be printed hor- izontally in 10 pitch pica (i.e., 10 print characters per inch) or 12 pitch elite (i.e., 12 print positions per inch). Image SizeThe image size of printed substitute form should be as close as possible to that of the official form. You may omit any text on both computer-prepared and computer-generated forms that is solely instructional. Title Area ChangesTo allow a large top margin for marginal printing and more lines per page, the title line(s) for all substitute forms (not including the form’s year designation and sequence number, when present), may be photograph- ically reduced by 40 percent or reset as one line of type. When reset as one line, the type size may be no smaller than 14-point. You may omit “Department of the Treasury, Internal Revenue Service” and all refer- ence to instructions in the form’s title area. Remove When privately printing substitute tax forms, the Government Printing Office symbol and/or jacket number Government must be removed. In the same place, using the same type size, print the Employer Identification Number Printing Office (EIN), the Social Security Number (SSN) of the printer or designer, or the IRS assigned source code. (We Symbol and IRS prefer this last number be printed in the lower left area of the first page of each form.) Also remove the IRS Catalog NumberCatalog Number, if one is present in the bottom center margin, and the Recycle Symbol, if the substitute is not produced on recycled paper. Printing On One While it is preferred that both sides of the paper be used for substitute and reproduced forms, resulting in the Side of Papersame page arrangement as that of the official form or schedule, the IRS will not reject your forms if only one side of the paper is used. Photocopy The Internal Revenue Service does not undertake to approve or disapprove the specific equipment or process Equipmentused in reproducing official forms. Photocopies of forms must be entirely legible and satisfy the conditions stated in this and other revenue procedures. ReproductionsReproductions of official forms and substitute forms that do not meet the requirements of this revenue pro- cedure may not be filed instead of the official forms. Illegible photocopies are subject to being returned to the filer for resubmission of legible copies. Removal of You may remove all references to instructions. No prior approval is needed. One exception is that the state- Instructionsment, “For Paperwork Reduction Act Notice, See Instructions”, must be retained or a similar statement pro- vided on each form. December 15, 1997261997–50 I.R.B. Margins Margin SizeThe format of a reproduced tax return when printed on the page must have margins on all sides at least as large as the margins on the official form. This allows room for IRS employees to make the necessary entries on the form during processing. • A1/20to 1/40inch margin must be maintained across the top, bottom, and both sides (exclusive of any pin- fed holes) of all computer-generated substitutes. • The marginal, perforated strips containing the pin-fed holes must be removed from all forms prior to fil- ing with the Internal Revenue Service. Marginal PrintingNon-tax material allowed in limited areas. • Printing is never allowed in the top right margin of the tax return form (i.e., Forms 1040, 1040A, 1040EZ, 1120, 940, 941, 5500 Series, etc.). The Service uses this area to imprint a Document Locator Number for each return. • With the exception of the actual tax return forms (i.e., Forms 1040, 1040A, 1040EZ, 1120, 940, 941, etc.), you may print in the left vertical margin and in the left half of the bottom margin. Prior approval is not required for the marginal printing allowed when printed on an official form or on a pho- tocopy of an official form. The marginal printing allowance is also the guide for the preparation of acceptable substitute forms. There is no exception to the requirement that no printing is allowed in the top right margin of the tax return form. 1997–50 I.R.B.27December 15, 1997 Examples of Approved Formats Examples of Two sets of exhibits (Exhibits A–1, A–2, B–1, and B–2) are at the end of this revenue procedure. These are Approved Formats examples of how the guidelines in this revenue procedure may be used in some specific cases. Vertical spac- From the Exhibitsing is six (6) lines to the inch. These examples are from a prior year and are not to be used as substitute forms. Examples of Examples of acceptable computer-generated formats are also shown in the Exhibits section of this revenue Acceptable procedure. Exhibits CG-Aand CG-B show computer-generated Schedules Aand B. Vertical spacing is six computer-generated(6) lines to the inch. You may also refer to them as examples of how the guidelines in this revenue proce- formatsdure may be used in specific cases. Acombination of upper and lower case print fonts is acceptable in pro- ducing the computer-generated forms included in this procedure. This same logic for computer-generated forms can be applied to any IRS form that is normally reproducible as a substitute form, with the exception of tax return forms as discussed elsewhere. December 15, 1997281997–50 I.R.B. Miscellaneous Information for Substitute Forms Filing Substitute To be acceptable for filing, a substitute return or form must print out in a format that will allow the party sub- Formsmitting the return to follow the same instructions as for filing official forms. These instructions are in the taxpayer’s tax package or in the related form instructions. The form must be on the appropriate size paper, be legible, and include a jurat where one appears on the published form. Caution to Software The IRS has received returns produced by software packages with approved output where either the form Publishersheading was altered or the lines were spaced irregularly. This produces an illegible or unrecognizable return or a return with the wrong number of pages. We realize that many of these problems are caused by individ- ual printer differences but they may delay input of return data and, in some cases, generate correspondence to the taxpayer. Therefore, in the instructions to the purchasers of your product, both individual and profes- sional, please stress that their returns will be processed more efficiently if they are properly formatted. This includes: • Having the correct form numbers and titles at the top of the return, and • Submitting the same number of pages as if the form were an official IRS form, with the line items on the proper pages. Use Preaddressed If you are a practitioner filling out a return for a client or a software publisher who prints instruction manu- IRS Labelals, stress the use of the preaddressed label provided in the tax package the IRS sent to the taxpayer, when available. The use of this label (or its precisely duplicated label information) is extremely important for the efficient, accurate, and economical processing of a taxpayer’s return. Labeled returns indicate that a taxpayer is an established filer and permits us to automatically accelerate processing of those returns. This results in quicker refunds, more accurate names/addresses and postal deliveries, and less manual review by IRS func- tions. Caution to If you are producing a software package that generates name and address data onto the tax return, do not Producers of under any circumstances program either the Service preprinted check digits or a practitioner-derived Name Software PackagesControl to appear on any return prepared and filed with the Internal Revenue Service. Programming to Whenever applicable: Print Forms • Use only the following label information format for single filers: 000-00-0000 JOHN Q. PUBLIC 310 OAK DRIVE HOMETOWN, STATE 94000 • Use only the following information for joint filers: 000-00-0000 000-00-0000 JOHN Q. PUBLIC MARYI. PUBLIC 310 OAK DRIVE HOMETOWN, STATE 94000 1997–50 I.R.B.29December 15, 1997 Chapter 4 Additional Resources Guidance from Other Revenue Procedures General Guidance for the substitute tax forms not covered in this revenue procedure and the revenue procedures that govern their use are as follows: • Revenue Procedure 94–79, IRS Publication 1355, Requirements and Conditions for the Reproduction, Private Design, and Printing of Substitute Forms 1040–ES. • Revenue Procedures 96–24 and 96–24a, IRS Publication 1141, General Rules and Specifications for Private Printing of Substitute Forms W–2 and W–3. • Revenue Procedure 97–32* and 97–32A, IRS Publication 1179, Specifications for Paper Document Reporting and Paper Substitutes for Forms 1096, 1098, 1099 Series, 5498, and W–2G. *Due to a numbering error, some copies of Revenue Procedure 97–32 may display 97–43 instead. Please refer to the publication number and title to be sure that you have the correct publication. • Revenue Procedure 96–11, IRS Publication 1187, Specifications for Filing Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, on Magnetic Tape. • Revenue Procedure 96–36, IRS Publication 1220, Specifications for Filing Forms 1098, 1099, 5498, and W–2G Magnetically or Electronically. • Revenue Procedure 95–18, IRS Publication 1223, Specifications for Private Printing of Substitute Forms W–2c and W–3c. December 15, 1997301997–50 I.R.B. Ordering Publications Sources of The publications listed below may be ordered by calling 1-800-TAX-FORM (1-800-829-3676). Identify the Publicationsrequested document by IRS publication number: • Pub. 1141, the revenue procedure on specifications for private printing for Forms W–2 and W–3. • Pub. 1167, the revenue procedure on substitute printed, computer- prepared, and computer-generated tax forms and schedules. This publication is available from the IRS Internet website. • Pub. 1179, the revenue procedure on paper substitute information returns (Forms 1096, 1098, 1099 series, 5498, and W–2G). • Pub. 1192, Catalog of Reproducible Forms and Instructions. • Pub. 1220, the revenue procedure on electronic or magnetic tape and magnetic diskette reporting for infor- mation returns (Forms 1098, 1099 series, 5498, and W–2G). • Pub. 1223, the revenue procedure on substitute Forms W–2c and W–3c. • Pub. 1239, Specifications for Filing Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, on Magnetic Tape. • Pub. 1245, Magnetic Tape Reporting for Forms W–4. • Pub. 1345, Handbook for Electronic Filers of Individual Income Tax Returns (Tax Year 1997). (This is an annual publication; tax year is subject to change). This publication is available from the IRS Internet web- site. • Pub. 1345–A, Handbook for Electronic Filers of Individual Income Tax Returns (Tax Year 1997) (Supplement). This publication, printed in the late fall, supplements Publication 1345. • Pub. 1355, the revenue procedure on the requirements for substitute Form 1040–ES. Where To OrderIf you are mailing your order, the address to use is determined by your location. If you are located in: • Alaska, Arizona, California, Colorado, Hawaii, Idaho, Kansas, Montana, Nevada, New Mexico, Oklahoma, Oregon, Utah, Washington, Wyoming, Guam, Northern Marianas, or American Samoa • mail your request to: Western Area Distribution Center Rancho Cordova, CA95743-0001 • Alabama, Arkansas, Illinois, Indiana, Iowa, Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, Texas, or Wisconsin • mail your request to: Central Area Distribution Center P.O. Box 8903 Bloomington, IL61702-8903 • Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia, as well as all foreign countries and Puerto Rico • mail your request to: Eastern Area Distribution Center P.O. Box 85074 Richmond, VA23261-5074 • Taxpayers in the Virgin Islands should mail their requests to: V.I. Bureau of Internal Revenue 9601 Estate Thomas Charlotte Amalie, St. Thomas, VI 00802 1997–50 I.R.B.31December 15, 1997 Electronic Tax Products The InternetCopies of tax forms with instructions, publications, and other tax related materials may be obtained via the Internet. Forms can be downloaded in several file formats (PDF-Portable Document Format, PS - PostScript, and PCL- Printer Control Language). Those choosing to use PDF files for viewing on personal computer can also download a free copy of the Adobe Acrobat Reader. • World Wide Web - http://www.irs.ustreas.gov • FTP—ftp.irs.ustreas.gov • Telnet—iris.irs.ustreas.gov This service is free but time on the Internet is subject to the fees charged by your Internet provider. Fedworld (BBS)The Internal Revenue Information Systems (IRIS) Bulletin Board can be reached via FedWorld, an aggrega- tion of federal BBS maintained by the Department of Commerce. IRIS can be reached directly by modem at (703) 321-8020; FedWorld’s main number is (703) 321-3339. These are toll calls. Tax FaxThe most frequently requested tax forms, instrucitons, and other information are available through IRS Tax Fax. Priorto 12/1/97 dial (703) 487-4160. The new numberstarting 12/1/97 will be (703) 368-9694. Call from your fax machine and follow the voice prompts. Your request will be transmitted directly back to you. Each call is limited to requesting three items; users pay the telephone line charges. Report of Print The Service makes available a text file that shows print dates for returns processing forms. It is in three parts: Dates • Schedule of anticipated print dates of annual returns, • Schedule of anticipated print dates of quarterly returns, and • Schedule of last revision dates for continuous use only forms. The file name is 0prtdate.txt and is located in the File Transfer Protocol (FTP) library of the Internet at ftp://ftp.fedworld.gov/pub/irs-utl and in the IRS/UTLlibrary on the IRIS Bulletin Board. The file will be updated weekly during peak printing periods and as necessary at other times. NOTE: All dates in the FTP area are reloaded daily and do not reflect the most recent posting of the report. IRIS Bulletin Board shows the most recent posting by date. December 15, 1997321997–50 I.R.B. Federal Tax Forms on CD-ROM Information About The IRS also offers access to current and prior year tax forms and instructions through its Federal Tax Forms Federal Tax Forms CD-ROM, Publication 1796. The CD will contain over 600 current year tax forms, instructions, and CD-ROMTaxpayer Information Publications (TIPs). Also included are prior year forms and instructions from 1991 and some prior year. All necessary software to view the files must be installed from the CD-ROM. Software for Microsoft Windows 3.x and Macintosh System 7.5 and later is included on the disk. The software will also run under Windows 95. All products are presented in Adobe’s Portable Document Format (PDF). A copy of the Adobe Acrobat Reader is on the CD. In addition, the TIPs will be provided in the Standard Generalized Markup Language (SGML). The cost of the CD is $20 and it will be released in February 1998. Please reference stock number 648-097-00003-4. Those who order before December 2, 1997 will also receive the January early release CD containing tax products issued to that point. System For system requirements and to order the 1996 Federal Tax Forms CD-ROM, Publication 1796 (stock Requirements and number 648-097-00003-4), contact the Government Printing Office’s (GPO) Superintendent of Documents: How To Orderthe Federal Tax Forms • by telephone—(202) 512-1800; select option 1; CD-ROM • by fax—(202) 512-2250; • through GPO’s Federal Bulletin Board—(202) 512-1387; after sign on type “/go irs”; • through GPO’s World Wide Web site at http://www.gpo.gov/su _ docs; • by mail using the order form contained in IRS Publication 1045 (Information for Tax Practitioners); or • by mail to: Superintendent of Documents P.O. Box 371954 Pittsburgh, PA15250-7954. 1997–50 I.R.B.33December 15, 1997 Chapter 5 Requirements for Specific Tax Returns Tax Returns (Form 1040, 1040A, 1120, Etc.) Acceptable FormsThere are acceptable computer-generated versions of a tax return form (e.g., Form 1040, 1040A, 1120, etc., which requires a signature and that establishes tax liability) that are permitted under the following conditions: • These substitute returns must be printed on plain white paper. • Substitute returns and forms must conform to the physical layout of the corresponding Service form although the typeface may differ. The text should match the text on the officially published form as close- ly as possible; condensed text and abbreviations will be considered on a case-by-case basis. Exception: All jurats (perjury statements) must be reproduced verbatim. No text can be added, deleted, or changed in meaning. It must be readily identifiable as a valid tax return. • Various computer-graphic print media such as laser printing, dot matrix addressable printing, etc., may be used to produce the substitute forms. • The substitute return must be the same exact number of pages, and contain the same line text as the offi- cial return. • All computer-generated tax returns MUSTbe submitted for approval prior to their original use. Should you receive an approval letter for a return and the following year’s return has no changes except the preprinted year, the latter return is not subject to approval. Exception: If the approval letter specifies a one-time exception for your return, the next year’s return must be approved. Computer- The accepted condensed print format version for individual returns is the 1040PC “answer sheet format” tax Generated return. The approval process for Form 1040PC differs from that of traditional forms. See Chapter 7 for ad- Condensed Format ditional information. Versions Prohibited FormsThe following are prohibited: • Tax returns (e.g., Forms 1040, etc.) computer-generated on lined orcolor-barred paper. • Tax returns that differ from the official IRS forms in a manner that makes them not standard or process- able. Changes Permitted Certain changes (listed below) are permitted to the graphics of the form without prior approval, but these to Forms 1040 changes apply only to acceptable preprinted forms. Changes not requiring prior approval are good only for and 1040Athe annual filing period, which is the current Tax Year. Such changes are valid in subsequent years only if the official form does not change. OtherChanges All changes not listed here require prior approval from the Service BEFORE the form may be filed. Not Listed December 15, 1997341997–50 I.R.B. Changes Permitted to Graphics (Forms 1040A and 1040) AdjustmentsYou may make minor vertical and horizontal spacing adjustments to allow for computer or word-processing printing. This includes widening the amount columns or tax entry areas so long as the adjustments do not exceed other provisions stated in revenue procedures. No prior approval is needed for these changes. Name and Address The horizontal rules and instructions within the name and address area may be removed and the entire area Arealeft blank; no line or instruction can remain in the area. However, the statement regarding use of the IRS mail label should be retained. The heavy ruled border (when present) that outlines the name and address area must not be removed, relocated, expanded, or contracted. Required FormatWhen the name and address area is left blank, the following format must be used when printing the taxpay- er’s name and address. Otherwise, unless the taxpayer’s preprinted label is affixed over the information entered in this area, the lines must be filled in as shown: • 1st name line (35 characters maximum) • 2nd name line (35 characters maximum) • In-care-of name line (35 characters maximum) • City, State (24 char. max.), one blank char., & ZIP(five char.) Conventional When there is no in-care-of name line, the name and address will consist of only three lines (single filer) or Name and Address four lines (joint filer). DataName and address (joint filer) with no in-care-of name line: JOHN Z. JONES MARYI. JONES 1234 ANYWHERE ST., APT111 ANYTOWN, STATE 12321 Example of In- Name and address (single filer) with in-care-of name line: Care-Of Name Line JOHN Z. JONES C/O THOMAS A. JONES 4311 SOMEWHERE AVE. SAMETOWN, STATE 54345 Social Security The vertical lines separating the format arrangement of the SSN/EIN may be removed. When the vertical Number(SSN) and lines are removed, the SSN and EIN formats must be 000-00-0000 or 00-0000000, respectively. Employer Identification Number(EIN) Area Cents Column• You may remove the vertical rule that separates the dollars from the cents. • All entries in the amount column should have a decimal point following the whole dollar amounts whether or not the vertical line that separates the dollars from the cents is present. • You may omit printing the cents, but all amounts entered on the form must follow a consistent format. You are strongly urged to round off the figures to whole dollar amounts, following the official return instruc- tions. • Where several amounts are summed together, the total should be rounded off subsequent to the addition (i.e, individual amounts should not be rounded off for computation purposes). • When printing money amounts, you must use one of the following ten-character formats: (a) 0,000,000. (b) 000,000.00 • When there is no entry for a line, leave the line blank. “Paid Preparer’s On all forms, the paid preparer’s information area may not be rearranged or relocated. You may add three Use Only” Arealines and remove the horizontal rules in the preparer’s address area. 1997–50 I.R.B.35December 15, 1997 Changes Permitted to Form 1040A Graphics GeneralNo prior approval is needed for the following changes (for use with computer-prepared forms only). Line 4 of Form This line may be compressed horizontally (to allow for same line entry for the name of the qualifying child) 1040Aby using the following caption: “Head of household; child’s name” (name field). OtherLinesAny line whose caption takes up two or more vertical lines may be compressed to one line by using con- tractions, etc., and by removing instructional references. Page 2 of Form All lines must be present and numbered in the order shown on the official form. These lines may also be 1040Acompressed. ColorScreeningIt is not necessary to duplicate the colorscreening used on the official form. Asubstitute Form 1040Amay be printed in black and white only, with no color screening. OtherChanges No other changes to the Form 1040Agraphics are allowed without prior approval, except for the removal of Prohibitedinstructions and references to instructions. December 15, 1997361997–50 I.R.B. Changes Permitted to Form 1040 Graphics GeneralNo prior approval is needed for the following changes (for use with computer-prepared forms only). Line 4 of Form This line may be compressed horizontally (to allow for a larger entry area for the name of the qualifying 1040child) by using the following caption: “Head of household; child’s name” (name field). Line 6c of Form The vertical lines separating columns (1) through (4) may be removed. The captions may be shortened to 1040allow a one-line caption for each column. OtherLinesAny other line whose caption takes up two or more vertical lines may be compressed to one line by using contractions, etc., and by removing instructional references. Line 21 - OtherThe fill-in portion of this line may be expanded vertically to three lines. IncomeThe amount entry box must remain a single entry. Line 39 of FormYou may change the line caption to read “Tax” and computer print the words “Total includes tax from” and 1040 - Taxeither “Form(s) 8814”, or “Form 4972”. Line 44 of Form You may change the caption to read: “Other credits from Form” and computer-print only the form(s) that 1040apply. ColorScreeningIt is not necessary to duplicate the color screening used on the official form. Asubstitute Form 1040 may be printed in black and white only, with no color screening. OtherChangesNo other changes to the Form 1040 graphics are permitted without prior approval except for the removal of Prohibitedinstructions and references to instructions. 1997–50 I.R.B.37December 15, 1997 Chapter 6 Format and Content of Substitute Returns Acceptable Formats for Computer-Generated Forms and Schedules Exhibits and Use Exhibits of acceptable computer-generated formats for the schedules usually attached to the Form 1040 are of Acceptable shown in the Exhibits section of this revenue procedure. Computer-• If your computer-generated forms appear exactly like the exhibits, no prior authorization is needed. Generated• Those who want to computer-generate forms not shown here may do so, but they must design such forms Formatsthemselves by following the manner and style of those in the Exhibits section of this revenue procedure, and by taking care to observe other requirements and conditions stated here. The Service encourages the submission of all proposed forms covered by this revenue procedure. InstructionsThe format of each substitute schedule or form must follow the format of the official schedule or form as to item captions, line references, line numbers, sequence, form arrangement and format, etc. Basically, try to make the form look like the official one, with readability and consistency being primary factors. You may use periods and/or other similar special characters to separate the various parts and sections of the form. DO NOTuse alpha or numeric characters for these purposes. With the exceptions in the paragraph below, all line numbers and items must be printed even though an amount is not entered on the line. Line NumbersWhen a line on an official form is designated by a number or a letter, that designation (reference code) must be used on a substitute form. The reference code must be printed to the left of the corresponding captioned line and also immediately preceding the data entry field even if there is no reference code immediately pre- ceding the data entry field on the official form. If an entry field contains multiple lines but shows the line references only one time on the left and right side of the form, do not use more than the same number of line references on the substitute return. In addition, the reference code that is immediately before the data field must either be followed by a period or enclosed in parentheses. There also must be at least two blank spaces between the period or the right parenthesis and the first digit of the data field. (See example below.) Decimal PointsAdecimal point (i.e., a period) should be used for each money amount regardless of whether the amount is reported in dollars and cents or in whole dollars, or whether or not the vertical line that separates the dollars from the cents is present. The decimal points must be vertically aligned when possible. Example: 5 STATE & LOCALINC. TAX....................5 495.00 6 REALESTATE TAXES................6 7 PERSONALPROPERTY TAXES................7 198.00 or 5 STATE & LOCALINC. TAX...................(5) 495.00 6 REALESTATE TAXES................(6) 7 PERSONALPROPERTY TAXES................(7) 198.00 Multiple Page When submitting multiple page forms, send all pages of the form in the same package. If you are not Formsproducing certain pages, please note that in your cover letter. December 15, 1997381997–50 I.R.B. Additional Instructions for All Forms Use of YourOwn Internal control numbers and identifying symbols of the computer preparer may be shown on the substitute, Internal Control if the use of such numbers or symbols is acceptable to the taxpayer and the taxpayer’s representative. If Numbers and shown, such information must not be printed in the top 1 ⁄ 2 -inch clear area of any form or schedule requiring Identifying a signature. With the exception of the actual tax return form (i.e., Forms 1040, 1120, 940, 941, 5500 Series, Symbolsetc.), you may print in the left vertical and bottom left margins. The bottom left margin you may use extends 3 1 ⁄ 2 inches from the left edge of the form. Descriptions forDescriptions for captions, lines, etc., appearing on the substitute forms may be limited to one print line by Captions, Lines, using abbreviations and contractions, and by omitting articles, prepositions, etc. However, sufficient key etc.words must be retained to permit ready identification of the caption, line, or item. Derivation of Explanatory detail and/or intermediate calculations for derivation of final line totals may be included on the Final Totalssubstitute. We prefer that such calculations be submitted in the form of a supporting statement. If interme- diate calculations are included on the substitute, the line on which they appear may not be numbered or let- tered. Intermediate calculations may not be printed in the right column. This column is reserved for official numbered and lettered lines that correspond to the ones on the official form. If a supporting statement is sub- mitted, intermediate calculations or subtotals may be formatted at the preparer’s option. Instructional Text Text prescribed for the official form, which is solely instructional in nature, e.g., “Attach this schedule to Prescribed forthe Form 1040,” “See instructions,” etc., may be omitted from the substitute form. Official Form Mixing of Forms Information for more than one schedule or form may not be shown on the same printout page. Both sides of on the Same Pagethe paper may be printed for multiple page official forms; but it is unacceptable to intermix single page Prohibited schedules of forms, except for Schedules Aand B (Form 1040), which are printed back to back by the Ser- vice. Schedule E can be printed on both sides of the paper, because the official form is multiple page, with page 2 continued on the back. However, do not print Schedule E on the front page and Schedule SE on the back, or Schedule Aon the front and Form 8615 on the back, etc. Both pages of a substitute form must match the official form version it represents, except that the back page may be blank if the Service form only contains the instructions thereon. Identifying Identify all computer-prepared substitutes clearly; print the form designation 1 ⁄ 2 0from the top margin and 1 1 ⁄ 2 0 Computer-from the left margin; print the title centered on the first line of print; and print the taxable year and, where Prepared applicable, the sequence number on the same line 1 ⁄ 2 to 10from right margin. Include the taxpayer’s name Substitutesand SSN on all forms and attachments. Also, print the OMB number as reflected on the official form. Negative AmountsNegative (or loss) monetary amount entries should be enclosed in brackets, or signed minus, to assist in the accurate computation and input of form data. On many official forms the Service preprints brackets in select- ed negative data fields, and these designations should be retained or inserted on affected substitute forms. 1997–50 I.R.B.39December 15, 1997 Chapter 7 OCR Forms Special Form 1040EZ Optical Character Recognition/Image Character Recognition (OCR/ICR) Requirements Form 1040EZ The Form 1040EZ is designed in OCR/ICR format. The IRS has the capability to machine read this form by Designed in optical character recognition/image character recognition (OCR/ICR) equipment. Form 1040EZ data may OCR/ICR Formatalso be filed electronically or on a 1040PC format return. An acceptable substitute OCR/ICR Form 1040EZ must generally be an exact replica of the official OCR/ICR reproduction proof with respect to layout, content, and required OCR/ICR characteristics. PaperThe special paper requirements which must be met for the development of a substitute (privately printed) Requirements OCR/ICR Form 1040EZ include the following: forOCR/ICR Form 1040EZ Specific Ink The specific ink requirements which must be met for this form include the following: Requirements December 15, 1997401997–50 I.R.B. PropertyRequirements Color and quality of paperPaper must be white, OCR/ICR grade bond, with no fluorescent additives or water marks, and with zero rag content. Reflectivity of paperMust be 80% or greater. OpacityThe paper opacity ratio must be 80% or more. Paper WeightSpecified paper weight is 20 lb. OCR/ICR bond (.0035”). DirtMust not exceed 10 parts per million. Finish (smoothness)Must be between 90 and 160 units (Sheffield). PorosityPaper should have a Gurley reading between 15 and 95. GlossPaper with shiny or lustrous appearance (glossy) should be avoided. SizeForm trim size must be 803110. PropertyRequirements Print ColorThe face of the form prints in black and green, the back prints in black only (70 % screen). InkGreen ink used must be highly reflective OCR/ICR type, such as Flint J-27975, or an exact match. Black ink used must be nonre- flective. Face RegistrationBlack to green must be .020(plus or minus) both horizontally and vertically. TypographyType must be substantially identical in both size and shape with corresponding type on the official form reproduction proof. ProperAlignmentTo assure proper alignment and position of handprinted characters representing return lines 1 through 10 tax and Position of data, they must be handprinted (entered) into the preprinted amount field boxes on the form. A#2 lead Handprinted wooden pencil, or blue, and/or black ink pen (ball point, fountain, or felt-tipped) is recommended as the Characterswriting tool that will consistently provide the required stroke width and print contrast on entered characters. Reading of Reading of handprinted characters requires adherence to the following techniques: Handprinted Character• Enter numeric amount digits carefully and clearly. Fill at least 2/3 of the individual character box Techniquesheight, keeping the character within the box with no overlapping or touching characters. Specific required digit constraints are shown below. • When entering “fours”, keep the top open. • When entering “ones”, do not use serifs. • When entering “twos”, do not add extra loops. • All character lines must be connected with no gaps. Note:All the general and detailed provisions of this revenue procedure apply (in addition to this specific OCR/ICR Section) to the development of substitute OCR/ICR Forms 1040EZ. Computer Generated Alternative Returns, 1040PC Format Return IntroductionThe Internal Revenue Service offers an electronic approach for filing individual income tax returns. The 1040PC Format Return is an alternative to the conventional preprinted tax return. The 1040PC is an answer sheet return, generated on a personal computer in a three-column format, that prints only tax data that is input into the software. Tax returns are filed by tax preparers and taxpayers using commercially available tax preparation software packages that include the 1040PC Format Return print option. 1040PC Format1040PC Format Returns are computer-prepared, printed on plain white paper, signed and mailed to the Returns designated processing center, and processed like any other conventionally filed return. 1997–50 I.R.B.41December 15, 1997 PropertyRequirements Face ScreenForms contain a green-screened background equal to a 15% tone of 110-line screen. Follow registration marks on repro-proof for screen positioning. Handprinted boxes are included on Page 1 of the reproduction proof and should be printed as a 50% value of the recommended OCR/ICR green ink. Inks used for hand- printed boxes must reflect at least 90% of the background on which it is printed as measured in the visible range. Face MarginsApproximately 2/60head from top trimmed edge to screen ( 1 ⁄ 2 0to black image). 1/60outside from trimmed edges to screen. Back Margins 1 ⁄ 2 0head, 5/160foot, and 5/160sides. Back ScreenBack copy should be screened for 70% tone value. Specific Ink Requirements Continued Special Form 1040EZ Optical Character Recognition/Image Character Recognition (OCR/ICR) Requirements, Continued Computer Generated Alternative Returns, 1040PC Format Return, Continued Software Packages Preparers, or taxpayers, must purchase IRS-accepted tax preparation software packages that include the Must Be Purchased1040PC print option. All that is necessary to participate in 1040PC is a personal computer, accepted soft- ware, a printer, and plain white paper. The 1040PC is attractive to tax preparers and taxpayers who might not be interested or capable of electronic filing. Options Available The Direct Deposit option is available to taxpayers filing 1040PC returns. Balance due returns may also to Taxpayersbe filed using 1040PC. The payment may be forwarded to the Service Center with a separate payment voucher(Form 1040–V). Use of the 1040PC All software used to generate the 1040PC Format Return must be tested and accepted by the Internal ProgramRevenue Service. Testing will validate 1040PC returns generated by the software and that the software pro- gram is in compliance with validity and consistency checks in the IRS 1040PC project specifications. Software developers who wish to participate in the 1040PC program must submit Form 9356, Application for Software Developers to Participate in the 1040PC Answer Sheet for Individual Income Tax Returns, to the 1040PC Filing Section. Acceptance CodeUpon successful completion of software acceptance testing, the software developer will be issued a software acceptance code that will be embedded into the software and print on every 1040PC return generated. This is not the same as the Source Code issued by the Substitute Forms Program or the approval number which is generated for OCR Scannable Application Forms for Employee Plans. References/ The Internal Revenue Service believes that 1040PC will prove beneficial to taxpayers, tax preparers, and Information on the the Service. For specific information about the alternative computer-generated 1040PC Format Return, 1040PC Format refer to Publication 1678, Project 1040PC, Handbook for 1040PC Format Preparers and Publication 1630, ReturnProject 1040PC, Specifications for Software Developers. You may also call (202) 283-0823 or write: Internal Revenue Service 1040PC Filing Office, T:S:P:S 5000 Ellin Rd Lanham, MD 20706 Form 941 Requirements—OCR Form 941 Not The Service is not currently machine reading (scanning) Form 941 or Schedule B (Form 941). Previous Machine Readinstructions labeled “Special Form 941 Requirements” have been removed from this revenue procedure. December 15, 1997421997–50 I.R.B. OCR Scannable Application Forms for Employee Plans OCR Scannable Forms 4461, 4461–A, 4461–B, 5300, 5303, 5307, 5310–A, and 6406 are OCR scannable documents sub- Documentsmitted to key district offices for employee plans matters. They may be submitted as computer-generated sub- stitute forms if the requirements of this section are satisfied. OCR Data Sheet An OCR data sheet must be generated according to the following requirements: Requirements• Set at least 1” margin at top, bottom, and both sides. • Adata element consists of a less than sign (delimiter), information or at least 5 blank spaces, and a greater than sign (delimiter). All data elements from page one of the application forms listed above must be print- ed on the OCR data sheet, even if no information is entered between the delimiters. • Each data element must start at the left margin. • One line for each data field, except for employer and plan name fields which may be two lines. However, only one set of delimiters may bracket the field, even if the field is on two lines. • Each data element must appear on the OCR data sheet in the same sequence as printed on the preprinted form, reading top to bottom and from left to right. • Each data field must be sequentially numbered at left commencing with 1. See Notice 90-38 for examples of the acceptable format. • The data sheet must be printed on 8 1 ⁄ 2 ” 311” white nonrecycled paper suitable for use with printing equip- ment and duplicating machines. Aphotocopy is not acceptable. Heavyweight bond paper and onion skin paper are not acceptable. • Use 10 pitch type in a standard business font (e.g., courier, elite, pica). • Add at least two spaces before and after each less than and greater than sign (delimiters). • Do not fold or staple the OCR data sheet. It may remain loose, or be paper or spring clipped to the appli- cation. • At the top of the OCR data sheet add the heading “OCR Data Sheet, File With Application Form (Enter Form Number), Approval Number” (leave nine spaces for approval number). Where To Send The OCR data sheet must be submitted for approval to EPOCR Forms Coordinator, E:EP:FC, Room 2232, OCR Data Sheet 1111 Constitution Ave., NW, Washington, DC 20024. forApproval Submission The OCR data sheet must be submitted with a complete word-for-word identical copy of the application form Requirements except as described below. This copy may be a photocopy or a computer-generated substitute form. Computer-generated substitute forms may be submitted for approval to the address above. However, except for the OCR data sheet, such approval is not required if the requirements of this revenue procedure are sat- isfied. If approval is requested, leave nine spaces for the approval number above the OMB approval num- ber. Procedures forThe OCR data sheet replaces the first copy of page 1 of the application which must otherwise be submitted Filing the OCR in duplicate. To avoid confusion when generating the OCR data sheet, the following wording should be Data Sheetdeleted from page 1 of the application: “File page 1 of the form in duplicate” and “Both copies of this page must be signed”. If the Procedural Requirements Checklist is being generated, the following line item state- ments should be modified as indicated. The question “Has page one been submitted in duplicate” should be modified to read, “Have you submitted the OCR data sheet?”, and the question “Have you signed both copies of page 1 of the application?” should be modified to read “Have you signed the application?” Nonscannable Nonscannable EPapplication forms, e.g., Form(s) 5305 and 5306, may be computer generated. They need EPApplication not be submitted for approval if the requirements of this revenue procedure are satisfied. If approval is Formsdesired, these forms may be submitted to the Substitute Forms Coordinator. 1997–50 I.R.B.43December 15, 1997 Chapter 8 Miscellaneous Forms and Programs Paper Substitutes for Form 1042–S PaperSubstitutesPaper substitutes for Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, that total- ly conform to the specifications contained in this procedure may be privately printed without prior approval from the Internal Revenue Service. Proposed substitutes not conforming to these specifications must be sub- mitted for consideration. Timeframe forThe request should be submitted by November 15 of the year prior to the year the form is to be used. This Submission of is to allow the Service adequate time to respond and the submitter adequate time to make any corrections. Form 1042–S These requests should contain a copy of the proposed form, the need for the specific deviation(s), and the number of information returns to be printed. RevisionsForm 1042–S is subject to annual review and possible change. Withholding agents and form suppliers are cautioned against overstocking supplies of the privately printed substitutes. Obtaining CopiesCopies of the official form for the reporting year may be obtained from most Service offices. The Service provides only cut sheets (no carbon interleaves) of these forms. Continuous fan-fold/pin-fed forms are not provided. Instructions ForInstructions for withholding agents: Withholding Agents • Only original copies may be filed with the Service. Carbon copies and reproductions are not acceptable. • The term “Recipient’s U.S. taxpayer identification number” for an individual means the social security number (SSN) or individual taxpayer identification number (ITIN), consisting of nine digits separated by hyphens as follows: 000-00-0000. For all other recipients, the term means employer identification num- ber (EIN). The EIN consists of nine digits separated by hyphen as follows: 00-0000000. The taxpayer identification number (TIN) must be in one of these formats. • Withholding agents are requested to type or machine print whenever possible, provide quality data entries on the forms (that is, use black ribbon and insert data in the middle of blocks well separated from other printing and guidelines), and take other measures to guarantee a clear, sharp image. Withholding agents are not required, however, to acquire special equipment solely for the purpose of preparing these forms. • On corrected returns, the words CORRECTED RETURN must be typed in all capital letters in the top 1/4”, right of center margin. All required information must be completed on a corrected return since it replaces and supersedes the information return previously filed. • Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single form before they are filed with the Service. The dimensions are found below. Computer cards are acceptable provided they meet all requirements regarding layout, content, and size. Substitute Forms Format Requirements December 15, 1997441997–50 I.R.B. PropertySubstitute Forms Format Requirements PrintingPrivately printed substitute Forms 1042–S must be exact replicas of the official forms with respect to layout and contents. Only the dimensions of the substitute form may differ and the printing of the Government Printing Office symbol must be deleted. The exact dimensions are found below. Line EntriesLine 1 must be present, line 2 may be omitted if it is not needed. If line 2 is omitted, also omit line 3. BoxesNone of the boxes can be omitted. Each box (a through h) must be present and in the exact order. The box for each payment amount must contain the appropriate caption. 1997–50 I.R.B.45December 15, 1997 PropertySubstitute Forms Format Requirements Color Quality of Paper• Paper For Copy Amust be white chemical wood bond, or equiva- lent, 20 pound (basis 17 322-500), plus or minus 5 percent; or off- set book paper, 50 pound (basis 25 338-500). No optical bright- eners may be added to the pulp or paper during manufacture. The paper must consist of principally bleach chemical woodpulp or recycled printed paper. It also must be suitable sized to accept ink without feathering. • Copies B, C, D (for Recipient), and E (For Withholding Agent) are provided in the official assembly solely for the convenience of the withholding agent. Withholding agents may choose the format, design, color and quality of the paper used for these copies. Color and Quality of InkAll printing must be in a high quality non-gloss black ink. Bar codes should be free from picks and voids. TypographyType must be substantially identical in size and shape to correspond- ing type on the official form. All rules on the document are either 1 point (0.015”) or 3 point (0.045”). Vertical rules must be parallel to the left edge of the document; horizontal rules, parallel to the top edge. Dimensions• The official form is 80 wide 35-1/20deep, exclusive of a 1 ⁄ 2 snap stub on the left side of the form. The snap feature is not required on substitutes. • The width of a substitute Copy Amust be a minimum of 70and a maximum of 80, although adherence to the size of the official form is preferred. If the width of substitute Copy Ais reduced from that of the official form, the width of each field on the substitute form must be reduced proportionately. The left margin must be 1/20and free of all printing other than that shown on the official form. • The depth of a substitute Copy Amust be a minimum of 5 1/60and a maximum of 5 1/20. CarbonsCarbonized forms or “spot carbons” are not permissible. Interleaved carbons, if used, must be of good quality to preclude smudging and should be black. Other CopiesCopies B, C, and D are required to be furnished for the convenience of payees who are required to send a copy of the form with other fed- eral and state returns they file. Copy E may be desired as a withhold- ing agent’s record/copy. Assembly If all five parts are present, the parts of the assembly shall be arranged from top to bottom as follows: Copy A(Original) “For Internal Revenue Service,” Copies B, C, and D “For Recipient,” and Copy E “For Withholding Agent.” Paper Substitutes for Form 1042–S, Continued Substitute Forms Format Requirements Continued Specifications for Filing Substitute Schedules K–1 Schedule K–1 Prior approval is NOTrequired for a substitute Schedule K–1 that accompanies Form 1065 (for partnership), Requirementsa Form 1120S (for small business corporation), or a Form 1041 (for fiduciary) when the substitute Schedule K–1 meets all of the following requirements. • The Schedule K–1 must contain the payer and recipient’s name, address and SSN/EIN. • The Schedule K–1 must contain all the items required for use by the taxpayer. • The line items must be in the same order and arrangement as those on the official form. • Each taxpayer’s information must be on a separate sheet of paper. Therefore, all continuously printed sub- stitutes must be separated, by taxpayer, before filing with the Service. • Schedule K–1 for recipients must have instructions for required line items attached. • You may be subject to penalties if you file Schedules K–1 with the Service and furnish Schedules K–1 to partners, shareholders, or beneficiaries that do not conform to the specifications of this revenue procedure. • The amount of each partner’s shareholder’s or beneficiary’s share of each line item must be shown. The furnishing of a total amount of each line item and a percentage (or decimal equivalent) to be applied to such total amount by the partner, shareholder, or beneficiary does not satisfy the law and the specifications of this revenue procedure. • If you file Schedules K–1 not conforming to the above specifications, IRS may consider these as not processable and return them to you to be filed correctly. You may also be subjected to the penalty as men- tioned Procedures for Printing Internal Revenue Service Envelopes Procedures forOrganizations are permitted to produce substitute tax return envelopes. Use of substitute return envelopes Printing IRS that comply with the requirements set forth in this section will assist in delivery of mail by the U.S. Postal EnvelopesService and facilitate internal sorting once the envelopes are received at the Internal Revenue Service Centers. The permanent five-digit ZIPcodes must be utilized when mailing returns to the prescribed service center: December 15, 1997461997–50 I.R.B. Service CenterZip Code Atlanta, GA39901 Kansas City, MO64999 Austin, TX73301 Philadelphia, PA19255 Memphis, TN37501 Andover, MA05501 Cincinnati, OH45999 Holtsville, NY00501 Ogden, UT84201 Fresno, CA93888 Procedures for Printing Internal Revenue Service Envelopes, Continued Sorting of The sorting of returns by form type is accomplished by the preprinted bar codes on return envelopes that are Returns by Form included in each specific type of form or package mailed to the taxpayer. The 32 bit bar code located to the Typeleft of the address on each envelope identifies the type of form that person is filing and assists the Service in consolidating like returns for processing. Failure to use the envelopes furnished by the Service results in additional processing time and effort, and possibly delays the timely deposit of funds, processing of returns, and issuance of refund checks. Sorting of Returns The Internal Revenue Service will not furnish or sell bulk quantities of preprinted tax return envelopes to tax- by ZIP+ 4 or9 payers or tax practitioners. Asuitable alternative has been developed that will accommodate the sorting Digit ZIPCodesneeds of both the IRS and the U.S. Postal Service. The new alternative is based on the use of ZIP+ 4 or 9 digit ZIPcodes for mailing various types of tax returns to the different area service centers. Essentially, the Postal Service will utilize the last four digits to identify and sort the various form types into separate groups for processing. The list of add-on four digits or + 4 portion of the 9 digit ZIPcodes with the related form designations is provided below and is to become a permanent part of the five digit service center ZIPcodes shown above. Add-on FourDigits or+ 4 Portion of the 9 Digit ZIPCodes ReproducibleThe Reproducible Program that in past years supplied the envelope Reproduction Proofs was abolished Program IsSeptember 30, 1996. The IRS will no longer provide camera copy to practitioners for the production of Abolishedenvelopes. Practitioners must develop their own camera copy. 1997–50 I.R.B.47December 15, 1997 Form ZIP+ FOURPackage XXXXX-0001Reserved XXXXX-00021040 XXXXX-0005941 XXXXX-0006940 XXXXX-0008943 XXXXX-00111065 XXXXX-00121120 XXXXX-00131120S XXXXX-00141040EZ XXXXX-00151040A XXXXX-00205500-CR XXXXX-00245500EZ XXXXX-0027990 XXXXX-00312290 XXXXX-00445500 Procedures for Printing Internal Revenue Service Envelopes, Continued Guidelines forUse of preparer company names, addresses, and logos is permissible as long as prescribed clear areas are not Having Envelopes invaded. The government recommends that the envelope stock have an average opacity not less than 89 per- Preprintedcent and contain a minimum of 50 percent waste paper. Use of carbon-based ink is essential for effective address and bar code reading. Envelope construction can be of side seam or diagonal seam design. The gov- ernment recommends that the size of the envelope should be 5-3/40by 90. Continuous pin-fed construction is not desirable but is permissible if the glued edge is at the top. This requirement is firm because mail open- ing equipment is designed to slice or otherwise open the bottom edge of each envelope. Envelopes/The above procedures or guidelines are written for the user having envelopes preprinted. Many practition- Zip Codesers may not wish to have volumes of the different envelopes with differing ZIPcodes/form designations preprinted for reasons of low volume, warehousing, waste, etc. In this case, the practitioner can type or machine print the addresses with the appropriate ZIPcodes to accommodate sorting. If the requirements/guidelines outlined in this section cannot be met, then use of only the appropriate five digit ser- vice center ZIPcode is needed. Procedures for Substitute Form 5471 and Form 5472 Form 5471 and This section covers instructions for producing substitutes for: Form 5472 • Form 5471, Information Return of U.S. Persons with Respect to Certain Foreign Corporations and accom- panying Schedules J, M, N, and O. • Form 5472, Information Return of a 25% Foreign-Owned U.S. Corporation or a Foreign Corporation Engaged in a U.S. Trade or Business (Under Sections 6038Aand 6038C of the Internal Revenue Code). Paperand Paper and computer-generated substitutes for Form 5471 and the accompanying Schedules J, M, N, and O, Computer-and Form 5472 that totally conform to the specifications contained in this procedure may be privately print- Generated ed, but must have prior approval and are subject to annual review from the Internal Revenue Service. Substitutes Official Forms Copies of the official forms for the reporting year may be obtained from most Service offices. The Service Can Be Obtained provides only cut sheets of these forms. Continuous fan-folded/pin-fed forms are not provided. From Most Service Offices Quality Substitute The Service will accept quality substitute tax forms that are consistent with the official forms they represent FormsAND that do not have an adverse impact on our processing. Therefore, only those substitute forms that con- form to, and do not deviate from, the corresponding official forms are acceptable. Computer- If the substitute returns and schedules meet the guidelines prescribed herein, the Service will (for filing pur- Prepared Tax poses) accept computer-prepared Forms 5471 and 5472 filled in by a computer, word processing equipment Formsor similar automated equipment or a combination of computer-prepared/generated and filled in information. They may be filed separately or attached to individual or business income tax returns. Format The specifications for Form 5471 and 5472 are as follows: Arrangement • The Substitute must follow the design of the official form as to format, arrangement, item caption, line numbers, line references, and sequence. It must be an exact textual and graphic MIRROR image of the official form for it to be acceptable. • The filer must use one of the official ten character amount formats. All entries in the amount column should have a decimal point following the whole dollar amounts whether or not the vertical line that sep- arates the dollars from the cents is present. It must follow a consistent format. December 15, 1997481997–50 I.R.B. Procedures for Substitute Form 5471 and Form 5472, Continued Format • The reference code must be printed to the left of the corresponding captioned line and also immediately Arrangementpreceding the data entry field EVEN if there is no reference code preceding the data entry field on the Continuedofficial form. The reference code that is immediately before the data field must either be followed by a period or enclosed in parentheses. There also must be at least two blank spaces between the period or the right parenthesis and the first digit of the data field. • The size of the page must be the same as the official form (8 1 ⁄ 2 03110). • The acceptable type is “Helvetica”. • The spacing of the type must be 6 lines/inch vertical, 10 or 12 print characters per inch horizontally. • A 1 ⁄ 2 to 1/4” margin must be maintained across the top, bottom, and both sides (exclusive of any pin-fed holes). • The substitute form must be of the same number of pages as the official one. • The preprinted brackets in the money fields should be retained. • The filer must COMPLETELYfill in all the specified numbers or referenced lines as they appear on the official form (not just totals) BEFORE attaching any supporting statement. • Supporting statements are NEVER to be used until the required official form they support are first totally filled in (completed). Ablank or incomplete form that refers to a supporting statement, in lieu of com- pleting a tax return, is unacceptable. • Descriptions for captions, lines, etc., appearing in the substitute forms may be limited to one print line by using abbreviations and contractions, and by omitting articles, prepostitons, etc. However, sufficient key words must be retained to permit ready identification of the caption, line, or item. • Text prescribed for the official form, which is solely instructional in nature, e.g., “Attach this schedule to Form 1040”, “See instruction”, etc., may be omitted from the form. Filing InstructionsInstructions for filing substitute forms are the same as for filing official forms. 1997–50 I.R.B.49December 15, 1997 Chapter 9 Alternative Methods of Filing Forms for Electronically Filed Returns Electronic Filing Since the 1986 filing season, the Service has been accepting current processing year electronically filed Programrefund returns. Since tax year 1991, we accept balance due returns that are filed electronically. Electronic filing is a method by which qualified filers transmit tax return information directly to an IRS Service Center over telephone lines in the format of the official Internal Revenue Service forms. Applying forthe Anyone wishing to participate in the Electronic Filing Program for individual income tax returns must sub- Electronic Filing mit a Form 8633, Application To Participate in the Electronic Filing Program. (Note:For business returns, Program prospective participants must submit a Form 9041, Application For Electronic/Magnetic Media Filing of Business and Employee Benefit Plan Returns.) Mailing Intructions Obtaining the The taxpayer signature does not appear on the electronically transmitted tax return and is obtained by the TaxpayerSignaturequalified electronic filer on Form 8453, U. S. Individual Income Tax Declaration for Electronic Filing, for Forms 1040, 1040A, and 1040EZ. Form 8453, which serves as a transmittal for the associated non electronic (paper) documents, such as Forms W–2, W–2G, and 1099–R, is a one-page form and can only be approved through the Substitute Forms Program in that format. For specific information about electronic filing, refer to Publication 1345, Handbook for Electronic Filers of Individual Income Tax Returns. (Note:For business returns, the electronic/magnetic media participants must use the official Form 8453–E, F or P, or an approved substitute that duplicates the official form in language, format, content, color, and size.) December 15, 1997501997–50 I.R.B. If an application is filed for...Mail it to: Form 8633 for Individual Income Internal Revenue Service Taxes (regular mail)Andover Service Center Attn: EFU Acceptance - Stop 983 P.O. Box 4099 Woburn, MA01888-4099 Form 8633 for Individual Income Internal Revenue Service Taxes (overnight mail)Andover Service Center Attn: EFU Acceptance -Stop 983 310 Lowell Street Andover, MA05501 Form 9041 for Forms 1065Internal Revenue Service Andover Service Center Attn: EFU Acceptance - Stop 983 P.O. Box 4050 Woburn, MA01888-4050 Form 9041 for Forms 1041Internal Revenue Service Philadelphia Service Center Attn: DP115 11601 Roosevelt Blvd. Philadelphia, PA19154 Form 9041 for Forms 5500,Internal Revenue Service 5500-C/R, and 5500-EZAttn: EFU (EPMF), Stop 261 P.O. Box 30309, A.M.F. Memphis, TN 38310 Forms for Electronically Filed Returns, Continued Guidelines forAparticipant in the electronic filing program who wants to develop a substitute form should follow the Preparing guidelines for preparing substitute forms throughout this publication, and send a sample of the form for Substitute Forms approval to the Substitute Forms Coordinator at the address in Chapter 2. Forms 8453 prepared using a in the Electronic font where all IRS-approved wording will not fit on a single page will not be accepted as a substitute form. Filing ProgramThis applies primarily to dot-matrix printers, although forms prepared similarly on laser and inkjet printers will also be rejected. PLEASE NOTE:Use of unapproved forms could result in suspension of the partici- pant from the electronic filing program. FTD Magnetic Tape Payments Instructions forPublication 1315 provides the requirements and instructions for reporting agents who sumit Federal Tax Reporting Agents Deposits (FTD) payment information on magnetic tape. Magnetic tape submissions for FTD can be made for Forms 940, 941, 942, 943, 720, CT–1, 990–PF, 990–T, 990–C, 1042, 1120, and Schedule A(Form 941) Backup Withholding. Instructions forRevenue Procedure 89–49 (Pub. 1374) provides the requirements and instructions for certain banks and fidu- Banks and ciaries to submit quarterly Form 1041–ES payments on magnetic tape through the Federal Tax Deposit (FTD) Fiduciaries system. Effect on Other Documents Effect on OtherThis revenue procedure supersedes Revenue Procedure 96–48, I.R.B. 1996–48. Documents 1997–50 I.R.B.51December 15, 1997 December 15, 1997521997–50 I.R.B. Exhibit 1 1997–50 I.R.B.53December 15, 1997 December 15, 1997541997–50 I.R.B. 1997–50 I.R.B.55December 15, 1997 December 15, 1997561997–50 I.R.B. 1997–50 I.R.B.57December 15, 1997 December 15, 1997581997–50 I.R.B. 1997–50 I.R.B.59December 15, 1997 December 15, 1997601997–50 I.R.B. 1997–50 I.R.B.61December 15, 1997 Foundations Status of Certain Organizations Announcement 97–119 The following organizations have failed to establish or have been unable to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or des- ignations in the Cumulative List of Orga- nizations (Publication 78), or on the pre- sumption arising from the filing of notices under section 508(b) of the Code. This listing does notindicate that the organiza- tions have lost their status as organiza- tions described in section 501(c)(3), eligi- ble to receive deductible contributions. Former Public Charities.The following organizations (which have been treated as organizations that are not private founda- tions described in section 509(a) of the Code) are now classified as private foun- dations: Alpha Community Programs, Inc., Toledo, OH Amber and Babe Animal Foundation, Vermilion, OH Boys & Girls Club of Camilla-Mitchell County, Inc., Camilla, GA Boys and Girls Club of Denton County, Inc., Lewisville, TX Boys and Girls Club of Drew County Arkansas, Inc., Monticello, AR Boys & Girls Club of Edcouch-Elsa, Inc., Edcouch, TX Boys and Girls Club of Kenosha, Inc., Kenosha, WI Boys and Girls Clubs of the Mississippi Valley, Inc., Moline, IL Boys & Girls Club of Santa Cruz County, Inc., Nogales, AZ Boys & Girls Club of Toccoa, Toccoa, GA Boys Ranch of Nacogdoches, Inc., Nacogdoches, TX Bradford County Families Against Drugs, Inc., Starke, FL Brain Injury Resource Network Inc., Richmond, VA Brandcarr Publications Inc., Baltimore, MD Brazos Retreat and Conference Center, Sugar Land, TX Breast Implant Information Foundation Support Group, Oklahoma City, OK Brecksville-Broadview Heights Schools Foundation Program, Brecksville, OH Brentwood Educational Assistance Foundation, Inc., Springfield, OH Brentwood Park Resident Management Corporation, Inc., Jacksonville, FL Brian Betzler Memorial Scholarship, Inc., Mt. Pleasant, MD Brian Shimer Bobsled Club Inc., Naples, FL Bridgefilm Company Inc., Aspen, CO Bridgerland Amateur Radio Club Inc., Hyde Park, UT Bridges Ministries Incorporated, Chicago, IL Bright Center Inc., Lawrenceburg, IN Bright Star International Inc., Tulsa, OK Brighton Township Beaver Soccer Association, Beaver, PA Bristlecone Development Corporation, Olmsted TWP, OH Britvil Community Food Pantry Inc., Oklahoma City, OK Broken Promises Inc., Marietta, GA Brookside Park Memorial to Veterans, Jackson, MO Brotherhood Community Fund Inc., Burlington, IA Brotherhood Society of St. Anagiri of the United States, LTD., Monticlair, NJ Brothers Joined Striders, Austin, TX Broward Autism Foundation Inc., Coral Springs, FL Broward Coalition for the Homeless Inc., Ft. Lauderdale, FL Brownsburg Junior Soccer League Inc., Brownsburg, IN Bruce Crampton Foundation Inc., Vienna, VA Brunswick Neighborhood Association, Gary, IN Buchanan County Olympics Inc., St. Joseph, MO Bucks Co. Center for the Performing Arts, Doylestown, PA Build for Michigan, Bloomfield Hills, MI Bulgarian Orthodox Religious Education Society, Fort Wayne, IN Burlington County Friends of the Environment, Inc., Mt. Holly, NJ Burns United Support Groups Inc., Grosse Pointe Farms, MI Burt Lake Band of Ottawa and Chippewa Indians, Inc., Brutus, MI Business Leadership for Tomorrow, Miami, FL Buster L. Brown Memorial Scholarship Fund, Tyler, TX Butler County Health Network, Hamilton, OH Buy American Inc., Flushing, MI Delta Epsilon Kappa, Inc. Accounting Honor Society, Montgomery, AL Families Unlimited, Bay Minette, AL Heavenly Vision Economic Development Corporation, Los Angeles, CA Krzyzowa Kreisau Foundation, Rumson, NJ Lifecare Ministries of Oklahoma, Inc., Purcell, OK Majestic Opera Association Inc., New York, NY Merced Heights Childrens Center, San Francisco, CA Minnesota International Corporation, Excelsior, MN National Domestic Violence Hotline, South Orange, NJ National Policy Center on Blindness, Sacramento, CA People to People Foundation for International Development, Portage, MI Randolph County Mayors Committee for Disabled Persons, Asheboro, NC 396 Straight Street Corp., Patterson, NJ Traffic Safety Association, Kirkland, WA Women and Family Counseling Services Inc., E. Lansing, MI If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or de- termination letter with the revised classi- fication as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as pro- vided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. IRS Reassures Nursery Growers About Farming Exception Announcement 97–120 This announcement confirms that re- cently issued proposed regulations specif- ically permit nursery growers to qualify Part IV. Items of General Interest December 15, 1997621997–50 I.R.B. for the “farming exception” to the uni- form capitalization rules under § 263Aof the Internal Revenue Code. In recent weeks, the Internal Revenue Service has received numerous form letters from nursery growers expressing concern that they would no longer be eligible for the farming exception as a result of the pro- posed regulations. However, as Service and Treasury officials stated at a Novem- ber 19, 1997, public hearing, these pro- posed regulations did not change who is eligible for the farming exception. Under § 263A(d), enacted by the Tax Reform Act of 1986, the farming excep- tion to the uniform capitalization rules is available for certain plants “produced” (e.g.,grown) in a farming business. Thus, the regulations permit nursery growers using the farming exception to deduct the costs of seeds and young plants purchased for further development and cultivation prior to sale, as well as the costs of grow- ing the plants. Under the regulations, nursery growers using the farming excep- tion are permitted to deduct these costs even if the plants are partly grown by an- other person or are grown by the nursery in temporary containers. Because the statutory exception only applies to the costs of plants “produced” in a farming business, the exception cannot be used for costs incurred by a taxpayer in activities in which the taxpayer does not grow plants, but merely buys and resells plants grown entirely by others. An example will be added to the final regulations to il- lustrate these points. Employee Plans Compliance Programs Announcement 97–121 The Office of the Assistant Commis- sioner, Employee Plans and Exempt Or- ganizations of the Internal Revenue Ser- vice (Service) has established and is committed to the enhancement of a num- ber of programs to enable sponsors of qualified retirement plans and tax-shel- tered arrangements to maintain the tax-fa- vored status of these plans without risking the tax consequences of plan disqualifica- tion. In addition to the Closing Agree- ment Program (CAP), for plans under ex- amination, there is the Administrative Policy Regarding Self-Correction (APRSC), the Standardized (SVP) and regular Voluntary Compliance Resolution (VCR) Programs, the Tax Sheltered An- nuity Voluntary Compliance (TVC) Pro- gram, and the Voluntary Closing Agree- ment Program (Walk-in CAP). APRSC is the self-correction program that encourages employers to monitor their plans and correct any operational de- fect or violation they find as soon as pos- sible. Under APRSC, if defects are dis- covered and corrected within a short time following the year of the qualification error, there is no need to contact the Ser- vice, no compliance fee and no tax sanc- tion with respect to the error. APRSC, as published in January 1997, allows plan sponsors one year to correct defects with- out penalty. Based on our experience to date with this well-received and increas- ingly used program, the Service is extend- ing the self-correction period from one to two years following the year in which the operational violation occurs. As we con- tinue to gain experience, we anticipate that this program will continue to evolve in order to best facilitate compliance. The Service is about to issue a field di- rective that will provide additional insight on the self-correction program and clarify certain issues including, for example, tim- ing for correction. In addition, in early 1998, the Service will publish a consoli- dated guide to the compliance programs for plan sponsors and their advisors. Since all of these programs operate out of each of the EP/EO Key District Offices as well as Employee Plans Division in Wash- ington, communication to achieve consis- tency and coordination in the programs is essential. The following information about how to contact the appropriate of- fice for information and assistance will be included in the consolidated guide. HEADQUARTERS EPDivisionProjects Branch 2 CP:E:EP:P:2 1111 Constitution, Ave., NW Washington, DC 20224 Office (202) 622-6214 FAX (202) 622-6199 NORTHEASTREGION EP/EO DivisionReview Staff 10 Metro Tech Center 625 Fulton St. Brooklyn, NY11201 Phone (718) 488-2400 FAX (718) 488-2405 SOUTHEASTREGION EP/EO DivisionTechnical Branch P.O. Box 13163 Baltimore, MD 21203 Phone (410) 962-3709 FAX (410) 962-0867 Drafting Information The principal author of this announce- ment is Carlton Watkins of the Employee Plans Division. For further information regarding this announcement, call (202) 622-6074/622-6075 between 1:30 and 3:30 p.m. Eastern time (not a toll-free number). Mr. Watkins’number is (202) 622-6214 (also not a toll-free number). Interim Guidance on Roth IRAs Announcement 97–122 The Service is issuing two model Roth IRAForms, 5305–R and 5305–RA, for use by trustees and custodians, respectively, beginning in 1998. In addition, the follow- ing interim guidance is provided for proto- type sponsors and individual contributors to Roth IRAs established under §408Aof the Internal Revenue Code in response to questions from the public. Background Individuals are permitted to make de- ductible and nondeductible contributions to individual retirement accounts and an- nuities described in §408(a) or (b), re- spectively (Traditional IRAs). The Taxpayer Relief Act of 1997, Pub. L. 105–34, added §408Acreating Roth IRAs beginning in 1998. The rules that apply to Roth IRAs and Traditional IRAs are generally the same, except as modi- fied by §408A. ARoth IRAmust be des- ignated at the time of establishment as a Roth IRA. Contributions to a Roth IRA are not deductible and qualified distribu- tions are not includible in gross income. Interim Guidance s Model forms.—New Form 5305–R, Roth Individual Retirement Trust Ac- count, and Form 5305–RA, Roth Individ- ual Retirement Custodial Account, will serve as Service-approved model forms for use by financial institutions to offer Roth IRAs to their customers. These forms can be downloaded from the IRS homepage at www.irs.ustreas.gov. s Separate trusts.—Contributions to a Roth IRAmust be maintained as a separate trust, custodial account or annuity from contributions to a Traditional IRA. Sepa- rate accounting within a single trust, custo- dial account or annuity is not permitted. s Opinion letters.—The Service is not presently accepting submissions for opin- ion letters on prototype Roth IRAs, but will issue procedures in the future for re- questing such opinion letters. s Combined documents.—The Service will permit a prototype sponsor to com- bine a Roth IRAand a Traditional IRAin the same document provided that (1) the separate trust requirement, above, is satis- fied and (2) the document, as completed by the owner, clearly indicates whether it is to be used as a Traditional IRAor as a Roth IRA. This must be done in a way that makes clear that designation as one type of IRAprecludes its designation as the other type of IRA. Transitional Relief The Service will provide transitional relief for sponsors of Roth IRAs and their customers that is similar to the transition relief provided for users of documents es- tablishing SIMPLE IRAs that had not been pre-approved by the Service. See section 7.01 of Rev. Proc. 97–29, 1997– 24, I.R.B. 9. The Simple IRAtransition relief was conditioned on the prototype sponsors who furnished the documents having them subsequently approved by the Service and meeting certain other con- ditions. Transition relief will also be con- ditioned on the document, or associated written material, clearly designating the trust, custodial account or annuity as a Roth IRAat the time of establishment. Technical Corrections The House of Representatives has passed technical corrections legislation (H.R. 2645) affecting, among other things, the taxability of distributions from Roth IRAs. The legislation, if enacted, would be effective January 1, 1998. In light of this pending legislation, prototype sponsors may wish to consider maintain- ing, or encouraging individuals to main- tain, qualified rollover contributions (de- scribed in §408A(e)) in separate Roth IRAs from Roth IRAs containing regular Roth IRAcontributions (described in §408A(c)(2)). Paperwork Reduction Act The collection of information con- tained in this announcement has been re- viewed and approved by the Office of Management and Budget (OMB) in ac- cordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control num- ber 1545–1568. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the col- lection of information displays a valid OMB control number. 1997–50 I.R.B.63December 15, 1997 MIDSTATES REGION EP/EO DivisionBranch Office (CHI)(1) 230 S. Dearborn Chicago, IL60604 Phone (312) 886-4700 FAX (312) 886-3275 WESTERN REGION EP/EO DivisionTechnical Branch McCaslin Industrial Park 2 Cupania Circle Monterey Park, CA91755 Phone (213) 725-7164 FAX (213) 725-1442 The collection of information in this announcement is in the section headed “Interim Guidance.” This information is required to comply with §302 of the Tax- payer Relief Act of 1997 in order to meet the statutory requirements for establishing a Roth IRA. The collection of informa- tion is required to obtain a benefit. The likely respondents are businesses or other for-profit institutions, and not-for-profit institutions. The estimated total annual reporting burden is 8,000 hours. The estimated annual burden per re- spondent varies from 0.5 hours to 4 hours, depending on individual circumstances, with an estimated average of 2 hours. The estimated number of respondents is 4,000. The estimated annual frequency of re- sponses is one per respondent. Books or records relating to a collec- tion of information must be retained as long as their contents may become mater- ial in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. December 15, 1997641997–50 I.R.B. 1997–50 I.R.B.65December 15, 1997 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: Amplified describes 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 applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is 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 published ruling and points out an essen- tial difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to Abut not to B, and the new ruling holds that it ap- plies to both Aand B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes 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 rulings that are obsoleted because of changes in law or regulations. Aruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes 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 substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished 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 super- seded. Supplemented is 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 pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is 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 for- merly used will appear in material 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 Contribution 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.—Statements of Procedral 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. Definition of Terms December 15, 1997661997–50 I.R.B. Numerical Finding List 1 Bulletins 1997–27 through 1997–49 Announcements: 97–61, 1997–29 I.R.B. 13 97–67, 1997–27 I.R.B. 37 97–68, 1997–28 I.R.B. 13 97–69, 1997–28 I.R.B. 13 97–70, 1997–29 I.R.B. 14 97–71, 1997–29 I.R.B. 15 97–72, 1997–29 I.R.B. 15 97–73, 1997–30 I.R.B. 86 97–74, 1997–31 I.R.B.16 97–75, 1997–32 I.R.B. 28 97–76, 1997–32 I.R.B. 28 97–77, 1997–33 I.R.B. 58 97–78, 1997–34 I.R.B. 11 97–79, 1997–35 I.R.B. 8 97–80, 1997–34 I.R.B. 12 97–81, 1997–34 I.R.B. 12 97–82, 1997–34 I.R.B. 12 97–83, 1997–34 I.R.B. 13 97–84, 1997–34 I.R.B. 13 97–85, 1997–35 I.R.B. 8 97–86, 1997–35 I.R.B. 9 97–87, 1997–35 I.R.B. 9 97–88, 1997–35 I.R.B. 9 97–89, 1997–36 I.R.B. 10 97–90, 1997–36 I.R.B. 10 97–91, 1997–37 I.R.B. 25 97–92, 1997–37 I.R.B. 26 97–93, 1997–36 I.R.B. 11 97–94, 1997–36 I.R.B. 12 97–95, 1997–36 I.R.B. 12 97–96, 1997–39 I.R.B.15 97–97, 1997–38 I.R.B. 22 97–98, 1997–39 I.R.B. 15 97–99, 1997–40 I.R.B. 7 97–100, 1997–40 I.R.B. 8 97–101, 1997–41 I.R.B. 13 97–102, 1997–41 I.R.B. 15 97–103, 1997–41 I.R.B. 16 97–104, 1997–42 I.R.B. 39 97–105, 1997–42 I.R.B. 40 97–106, 1997–45 I.R.B. 11 97–107, 1997–43 I.R.B. 25 97–108, 1997–43 I.R.B. 25 97–109, 1997–45 I.R.B. 12 97–110, 1997–45 I.R.B. 14 97–111, 1997–47 I.R.B. 15 97–112, 1997–46 I.R.B. 20 97–113, 1997–46 I.R.B.21 97–114, 1997–46 I.R.B. 21 97–115, 1997–47 I.R.B. 17 97–116, 1997–48 I.R.B. 25 97–117, 1997–49 I.R.B. 12 97–118, 1997–49 I.R.B. 13 Court Decisions: 2061, 1997–31 I.R.B. 5 2062, 1997–32 I.R.B. 8 Delegation Orders: 97 (Rev. 34), 1997–41 I.R.B. 14 172 (Rev. 5), 1997–28 I.R.B. 6 Notices: 97–37, 1997–27 I.R.B. 4 Notices–Continued 97–38, 1997–27 I.R.B. 8 97–39, 1997–27 I.R.B. 8 97–40, 1997–28 I.R.B. 6 97–41, 1997–28 I.R.B. 6 97–42, 1997–29 I.R.B. 12 97–43, 1997–30 I.R.B. 9 97–44, 1997–31 I.R.B. 15 97–45, 1997–33 I.R.B. 7 97–46, 1997–34 I.R.B. 10 97–47, 1997–35 I.R.B. 5 97–48, 1997–35 I.R.B. 5 97–49, 1997–36 I.R.B. 8 97–50, 1997–37 I.R.B. 21 97–51, 1997–38 I.R.B. 20 97–52, 1997–38 I.R.B. 20 97–53, 1997–40 I.R.B. 6 97–54, 1997–41 I.R.B. 7 97–55, 1997–40 I.R.B. 6 97–56, 1997–43 I.R.B. 19 97–57, 1997–43 I.R.B. 19 97–58, 1997–45 I.R.B. 7 97–59, 1997–45 I.R.B. 7 97–60, 1997–46 I.R.B.8 97–61, 1997–48 I.R.B.8 97–62, 1997–49 I.R.B.8 97–63, 1997–47 I.R.B. 6 97–64, 1997–47 I.R.B. 7 97–66, 1997–48 I.R.B.8 97–67, 1997–48 I.R.B.10 97–68, 1997–48 I.R.B. 11 97–69, 1997–48 I.R.B. 12 97–70, 1997–49 I.R.B.9 97–71, 1997–49 I.R.B.9 Railroad Retirement Quarterly Rate: 1997–28 I.R.B. 5 Public Laws 105–35, 1997–43 I.R.B. 13 Proposed Regulations: REG–104893–97, 1997–29 I.R.B. 13 REG–105160–97, 1997–37 I.R.B. 22 REG–105162–97, 1997–48 I.R.B. 13 REG–106043–97, 1997–37 I.R.B. 24 REG–107644–97, 1997–32 I.R.B. 24 REG–107872–97, 1997–47 I.R.B. 11 REG–114000–97, 1997–47 I.R.B. 13 REG–208151–91, 1997–38 I.R.B. 21 REG–246250–96, 1997–42 I.R.B. 30 REG–251985–96, 1997–48 I.R.B. 18 Revenue Procedures: 97–32, 1997–27 I.R.B. 9 97–32A, 1997–34 I.R.B. 10 97–33, 1997–30 I.R.B. 10 97–34, 1997–30 I.R.B.14 97–35, 1997–33 I.R.B. 11 97–36, 1997–33 I.R.B. 14 97–37, 1997–33 I.R.B. 18 97–38, 1997–33 I.R.B. 43 97–39, 1997–33 I.R.B. 48 97–40, 1997–33 I.R.B. 50 97–41, 1997–33 I.R.B. 5 97–42, 1997–33 I.R.B. 57 97–43, 1997–39 I.R.B. 12 97–44, 1997–41 I.R.B. 8 Revenue Procedures–Continued 97–45, 1997–41 I.R.B. 10 97–46, 1997–42 I.R.B. 10 97–47, 1997–42 I.R.B. 19 97–48, 1997–43 I.R.B. 19 97–49, 1997–43 I.R.B. 22 97–50, 1997–45 I.R.B. 8 97–51, 1997–45 I.R.B. 9 97–52, 1997–46 I.R.B.17 97–53, 1997–47 I.R.B.10 Revenue Rulings: 97–27, 1997–27 I.R.B. 4 97–28, 1997–28 I.R.B. 4 97–29, 1997–28 I.R.B. 4 97–30, 1997–31 I.R.B.12 97–31, 1997–32 I.R.B.4 97–32, 1997–33 I.R.B. 4 97–33, 1997–34 I.R.B. 4 97–34, 1997–34 I.R.B. 14 97–35, 1997–35 I.R.B. 4 97–36, 1997–36 I.R.B. 5 97–37, 1997–37 I.R.B.15 97–38, 1997–38 I.R.B.14 97–39, 1997–39 I.R.B. 4 97–40, 1997–39 I.R.B. 8 97–41, 1997–40 I.R.B. 4 97–42, 1997–41 I.R.B. 4 97–43, 1997–42 I.R.B. 8 97–44, 1997–45 I.R.B. 5 97–45, 1997–46 I.R.B.4 97–46, 1997–46 I.R.B.7 97–47, 1997–47 I.R.B.4 97–48, 1997–49 I.R.B.5 97–49, 1997–48 I.R.B. 4 97–50, 1997–49 I.R.B.5 97–51, 1997–49 I.R.B. 4 Treasury Decisions: 8722, 1997–29 I.R.B. 4 8723, 1997–30 I.R.B. 4 8724, 1997–36 I.R.B. 4 8725, 1997–37 I.R.B. 16 8726, 1997–34 I.R.B. 7 8727, 1997–34 I.R.B. 5 8728, 1997–37 I.R.B. 4 8729, 1997–38 I.R.B. 4 8730, 1997–38 I.R.B. 16 8731, 1997–42 I.R.B. 6 8732, 1997–42 I.R.B. 4 8733, 1997–43 I.R.B. 8 8734, 1997–44 I.R.B. 5 8735, 1997–43 I.R.B. 4 1 Acumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997. 1997–50 I.R.B.67December 15, 1997 Finding List of Current Action on Previously Published Items 1 Bulletins 1997–27 through 1997–49 *Denotes entry since last publication Notices: 97–9 Modified by 97–70, 1997–49 I.R.B. 9 Revenue Procedures: 82–36 Modified and superseded by 97–49, 1997–43 I.R.B. 22 96–36 Superseded by 97–34, 1997–30 I.R.B. 14 96–42 Superseded by 97–27, 1997–27 I.R.B. 9 97–32 Modified and amplified by 97–32A, 1997–34 I.R.B. 10 Revenue Rulings: 73–67 Revoked by 97–46, 1997–46 I.R.B. 7 75–7 Revoked by 97–48, 1997–49 I.R.B. 5 89–42 Supplemented by 97–31, 1997–32 I.R.B. 4 93–76 Clarified, modified, partially obsoleted, and superceded by 97–39, 1997–39 I.R.B 4 94–7 Clarified, modified, partially obsoleted, and superceded by 97–39, 1997–39 I.R.B 4 1 Acumulative finding list for previously published items mentioned in Internal Revenue Bulletins 1997–1 through 1997–26 will be found in Internal Revenue Bulletin 1997–27, dated July 7, 1997. December 15, 1997681997–50 I.R.B. Notes 1997–50 I.R.B.69December 15, 1997 Notes December 15, 1997701997–50 I.R.B. Notes INTERNAL REVENUE BULLETIN The Introduction on page 3 describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superintendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis and are not included as part of the subscription to the Internal Revenue Bulletin. Subscribers to the week- ly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Please allow two to six weeks, plus mailing time, for delivery. 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 e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.ustreas.gov) or write to the IRS Bulletin Unit, T:FP:F:CD, Room 5560, 1111 Constitution Avenue NW, Washington, DC 20224. You can also leave a recorded message 24 hours a day, 7 days a week at 1–800–829–9043.
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