us-irs-revenue-procedures-irb-2021-48-pdf•Internal Revenue Bulletin 2021-48 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2021-48 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2021-48-pdfInternal Revenue Bulletin 2021-48 (PDF rendition): IRS Revenue ProceduresGuidance
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Bulletin No. 2021–48 November 29, 2021 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. ADMINISTRATIVE, INCOME TAX Rev. Proc. 2021-47, page 775. This revenue procedure addresses the federal income tax treatment and information reporting requirements for pay- ments made to or on behalf of financially distressed indi- vidual homeowners by certain entities with funds allocated from the Homeowner Assistance Fund (HAF), established under section 3206 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4 (March 11, 2021), in response to the coronavirus disease (COVID-19) pan- demic. This revenue procedure also provides guidance to States, and mortgage lenders and servicers regarding information reporting requirements relating to certain HAF payments. INCOME TAX Rev. Proc. 2021-45, page 764. This revenue procedure sets forth inflation-adjusted items for 2022 for various provisions of the Internal Revenue Code of 1986 (Code), as amended, as of November 10, 2021. To the extent amendments to the Code are enacted for 2022 after November 10, 2021, taxpayers should consult additional guidance to determine whether these adjustments remain applicable for 2022. Finding Lists begin on page ii. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing 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. 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 inter- nal 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 rul- ings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, 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 Subparts. Also included in this part are Bank Secrecy Act Administrative 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. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. November 29, 2021 Bulletin No. 2021–48 Part III 26 CFR 601.602: Tax forms and instructions. (Also Part I, §§ 1, 23, 24, 32, 36B, 42, 45R, 55, 59, 62, 63, 125, 132(f),135, 137, 146, 147, 148, 152, 179, 179D,199A, 213, 220, 221, 448, 461, 512, 513, 642, 831, 877, 877A, 911, 1274A, 2010, 2032A, 2503, 2523, 4161, 4261, 6033, 6039F, 6323, 6334, 6601, 6651, 6652, 6695, 6698, 6699, 6721, 6722, 7345, 7430, 7702B, 9831; 1.148-5.) Rev. Proc. 2021-45 Table of Contents SECTION 1. PURPOSE ..................................................................................765 SECTION 2. CHANGES .................................................................................765 SECTION 3. 2022 ADJUSTED ITEMS .....................................................................765 Code Section .01 Tax Rate Tables 1(j)(2) (A)-(D) .02 Unearned Income of Minor Children (“Kiddie Tax”) 1(g) .03 Maximum Capital Gains Rate 1(h) .04 Adoption Credit 23 .05 Child Tax Credit 24 .06 Earned Income Credit 32 .07 Refundable Credit for Coverage Under a Qualified Health Plan 36B(f)(2)(B) .08 Rehabilitation Expenditures Treated as Separate New Building 42(e) .09 Low-Income Housing Credit 42(h) .10 Employee Health Insurance Expense of Small Employers 45R .11 Exemption Amounts for Alternative Minimum Tax 55 .12 Alternative Minimum Tax Exemption for a Child Subject to the “Kiddie Tax” 59(j) .13 Certain Expenses of Elementary and Secondary School Teachers 62(a)(2)(D) .14 Transportation Mainline Pipeline Construction Industry Optional Expense 62(c) Substantiation Rules for Payments to Employees Under Accountable Plans .15 Standard Deduction 63 .16 Cafeteria Plans 125 .17 Qualified Transportation Fringe Benefit 132(f) .18 Income from United States Savings Bonds for Taxpayers Who 135 Pay Qualified Higher Education Expenses .19 Adoption Assistance Programs 137 .20 Private Activity Bonds Volume Cap 146(d) .21 Loan Limits on Agricultural Bonds 147(c)(2) .22 General Arbitrage Rebate Rules 148(f) .23 Safe Harbor Rules for Broker Commissions on Guaranteed 148 Investment Contracts or Investments Purchased for a Yield Restricted Defeasance Escrow .24 Gross Income Limitation for a Qualifying Relative 152(d)(1)(B) .25 Election to Expense Certain Depreciable Assets 179 .26 Energy Efficient Commercial Buildings Deduction 179D .27 Qualified Business Income 199A .28 Eligible Long-Term Care Premiums 213(d)(10) .29 Medical Savings Accounts 220 .30 Interest on Education Loans 221 .31 Limitation on Use of Cash Method of Accounting 448 .32 Threshold for Excess Business Loss 461(l) .33 Treatment of Dues Paid to Agricultural or Horticultural Organizations 512(d) .34 Insubstantial Benefit Limitations for Contributions Associated 513(h) With Charitable Fund-Raising Campaigns .35 Special Rules for Credits and Deductions 642 November 29, 2021 764 Bulletin No. 2021–48 .36 Tax on Insurance Companies Other than Life Insurance Companies 831 .37 Expatriation to Avoid Tax 877 .38 Tax Responsibilities of Expatriation 877A .39 Foreign Earned Income Exclusion 911 .40 Debt Instruments Arising Out of Sales or Exchanges 1274A .41 Unified Credit Against Estate Tax 2010 .42 Valuation of Qualified Real Property in Decedent’s Gross Estate 2032A .43 Annual Exclusion for Gifts 2503; 2523 .44 Tax on Arrow Shafts 4161 .45 Passenger Air Transportation Excise Tax 4261 .46 Reporting Exception for Certain Exempt Organizations with 6033(e)(3) Nondeductible Lobbying Expenditures .47 Notice of Large Gifts Received from Foreign Persons 6039F .48 Persons Against Whom a Federal Tax Lien Is Not Valid 6323 .49 Property Exempt from Levy 6334(a) .50 Exempt Amount of Wages, Salary, or Other Income 6334(d) .51 Interest on a Certain Portion of the Estate Tax Payable in Installments 6601(j) .52 Failure to File Tax Return 6651 .53 Failure to File Certain Information Returns, Registration Statements, etc. 6652 .54 Other Assessable Penalties With Respect to the Preparation of Tax Returns for 6695 Other Persons .55 Failure to File Partnership Return 6698 .56 Failure to File S Corporation Return 6699 .57 Failure to File Correct Information Returns 6721 .58 Failure to Furnish Correct Payee Statements 6722 .59 Revocation or Denial of Passport in Case of Certain Tax Delinquencies 7345 .60 Attorney Fee Awards 7430 .61 Periodic Payments Received Under Qualified Long-Term Care 7702B(d) Insurance Contracts or Under Certain Life Insurance Contracts Arrangement .62 Qualified Small Employer Health Reimbursement 9831 SECTION 4. EFFECTIVE DATE ..........................................................................775 SECTION 5. DRAFTING INFORMATION .................................................................775 SECTION 1. PURPOSE This revenue procedure sets forth inflation-adjusted items for 2022 for var- ious provisions of the Internal Revenue Code of 1986 (Code), as amended, as of November 9, 2021. To the extent amend- ments to the Code are enacted for 2022 after November 9, 2021, taxpayers should consult additional guidance to determine whether these adjustments remain appli- cable for 2022. SECTION 2. CHANGES .01 For taxable years beginning after December 31, 2020, Div. EE, Title I, Subtitle A, §104 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260 (Consolidated Appropriations Act, 2021) provides that the allowable amount of the: (i) American Opportunity Tax Credit under § 25A(b) of the Code is phased out for taxpayers with modi- fied adjusted gross income in excess of $80,000 ($160,000 for joint returns); and (ii) Lifetime Learning Credit under § 25A(c) of the Code is phased out for taxpayers with modified adjusted gross income in excess of $80,000 ($160,000 for joint returns). The phaseout range provided in § 25A(d)(2) is not adjusted for inflation for taxable years beginning after December 31, 2020. .02 For taxable years beginning after December 31, 2020, Div. EE, Title I, Subtitle A, §102 of the Consolidated Appropriations Act, 2021, provides that the energy efficient commercial build- ings deduction is made permanent. In addition, the amount under § 179D(b)(1) used to determine the maximum amount of the deductions and the amount under § 179D(d)(1)(A) used to determine the partial allowance amount of the deduc- tion are adjusted for inflation, begin- ning with taxable years beginning after December 31, 2020. As a result, for tax- able years beginning in 2021, the max- imum amount of the deduction allowed under section 179D(b) is $1.82. For tax- able years beginning in 2021, the amount used to determine the partial allowance of the deduction under section 179D(d) (1)(A) is $0.61. SECTION 3. 2022 ADJUSTED ITEMS .01 Tax Rate Tables. For taxable years beginning in 2022, the tax rate tables under § 1 are as follows: Bulletin No. 2021–48 765 November 29, 2021 November 29, 2021 766 Bulletin No. 2021–48 TABLE 1 - Section 1(j)(2)(A) - Married Individuals Filing Joint Returns and Surviving Spouses If Taxable Income Is: The Tax Is: Not over $20,550 10% of the taxable income Over $20,550 but not over $83,550 $2,055 plus 12% of the excess over $20,550 Over $83,550 but not over $178,150 $9,615 plus 22% of the excess over $83,550 Over $178,150 but not over $340,100 $30,427 plus 24% of the excess over $178,150 Over $340,100 but not over $431,900 $69,295 plus 32% of the excess over $340,100 Over $431,900 but not over $647,850 $98,671 plus 35% of the excess over $431,900 Over $647,850 $174,253.50 plus 37% of the excess over $647,850 TABLE 2 - Section 1(j)(2)(B) – Heads of Households If Taxable Income Is: The Tax Is: Not over $14,650 10% of the taxable income Over $14,650 but not over $55,900 $1,465 plus 12% of the excess over $14,650 Over $55,900 but not over $89,050 $6,415 plus 22% of the excess over $55,900 Over $89,050 but not over $170,050 $13,708 plus 24% of the excess over $89,050 Over $170,050 but not over $215,950 $33,148 plus 32% of the excess over $170,050 Over $215,950 but not over $539,900 $47,836 plus 35% of the excess over $215,950 Over $539,900 $161,218.50 plus 37% of the excess over $539,900 TABLE 3 - Section 1(j)(2)(C) – Unmarried Individuals (other than Surviving Spouses and Heads of Households) If Taxable Income Is: The Tax Is: Not over $10,275 10% of the taxable income Over $10,275 but not over $41,775 $1,027.50 plus 12% of the excess over $10,275 Over $41,775 but not over $89,075 $4,807.50 plus 22% of the excess over $41,775 Bulletin No. 2021–48 767 November 29, 2021 Over $89,075 but not over $170,050 $15,213.50 plus 24% of the excess over $89,075 Over $170,050 but not over $215,950 $34,647.50 plus 32% of the excess over $170,050 Over $215,950 but not over $539,900 $49,335.50 plus 35% of the excess over $215,950 Over $539,900 $162,718 plus 37% of the excess over $539,900 TABLE 4 - Section 1(j)(2)(D) – Married Individuals Filing Separate Returns If Taxable Income Is: The Tax Is: Not over $10,275 10% of the taxable income Over $10,275 but not over $41,775 $1,027.50 plus 12% of the excess over $10,275 Over $41,775 but not over $89,075 $4,807.50 plus 22% of the excess over $41,775 Over $89,075 but not over $170,050 $15,213.50 plus 24% of the excess over $89,075 Over $170,050 but not over $215,950 $34,647.50 plus 32% of the excess over $170,050 Over $215,950 but not over $323,925 $49,335.50 plus 35% of the excess over $215,950 Over $323,925 $87,126.75 plus 37% of the excess over $323,925 TABLE 5 - Section 1(j)(2)(E) – Estates and Trusts If Taxable Income Is: The Tax Is: Not over $2,750 10% of the taxable income Over $2,750 but not over $9,850 $275 plus 24% of the excess over $2,750 Over $9,850 but not over $13,450 $1,979 plus 35% of the excess over $9,850 Over $13,450 $3,239 plus 37% of the excess over $13,450 .02 Unearned Income of Minor Chil- dren (the “Kiddie Tax”). For taxable years beginning in 2022, the amount in § 1(g)(4) (A)(ii)(I), which is used to reduce the net unearned income reported on the child’s return that is subject to the “kiddie tax,” is $1,150. This $1,150 amount is the same as the amount provided in § 63(c)(5)(A), as adjusted for inflation. The same $1,150 amount is used for purposes of § 1(g)(7) (that is, to determine whether a parent may elect to include a child’s gross income in the parent’s gross income and to calculate the “kiddie tax”). For example, one of the requirements for the parental election is that a child’s gross income is more than the amount referenced in § 1(g)(4)(A)(ii) (I) but less than 10 times that amount; thus, a child’s gross income for 2022 must be more than $1,150 but less than $11,500. .03 Maximum Capital Gains Rate. For taxable years beginning in 2022, the Maxi- mum Zero Rate Amount under § 1(h)(1)(B) (i) is $83,350 in the case of a joint return or November 29, 2021 768 Bulletin No. 2021–48 surviving spouse ($41,675 in the case of a married individual filing a separate return), $55,800 in the case of an individual who is a head of household (§ 2(b)), $41,675 in the case of any other individual (other than an estate or trust), and $2,800 in the case of an estate or trust. The Maximum 15-per- cent Rate Amount under § 1(h)(1)(C)(ii)(l) is $517,200 in the case of a joint return or surviving spouse ($258,600 in the case of a married individual filing a separate return), $488,500 in the case of an individual who is the head of a household (§ 2(b)), $459,750 in the case of any other individual (other than an estate or trust), and $13,700 in the case of an estate or trust. .04 Adoption Credit. For taxable years beginning in 2022, under § 23(a)(3) the credit allowed for an adoption of a child with special needs is $14,890. For taxable years beginning in 2022, under § 23(b) (1) the maximum credit allowed for other adoptions is the amount of qualified adop- tion expenses up to $14,890. The avail- able adoption credit begins to phase out under § 23(b)(2)(A) for taxpayers with modified adjusted gross income in excess of $223,410 and is completely phased out for taxpayers with modified adjusted gross income of $263,410 or more. See section 3.19 for the adjusted items relating to adoption assistance programs. .05 Child Tax Credit. For taxable years beginning in 2022, the amount used in § 24(d)(1)(A) to determine the amount of credit under § 24 that may be refundable is $1,500..... .06 Earned Income Credit. (1) In general. For taxable years begin- ning in 2022, the following amounts are used to determine the earned income credit under § 32(b). The “earned income amount” is the amount of earned income at or above which the maximum amount of the earned income credit is allowed. The “threshold phaseout amount” is the amount of adjusted gross income (or, if greater, earned income) above which the maximum amount of the credit begins to phase out. The “completed phaseout amount” is the amount of adjusted gross income (or, if greater, earned income) at or above which no credit is allowed. The threshold phaseout amounts and the com- pleted phaseout amounts shown in the table below for married taxpayers filing a joint return include the increase provided in § 32(b)(2)(B), as adjusted for inflation for taxable years beginning in 2022. The threshold phaseout amounts and the com- pleted phaseout amounts shown in the table below for single, surviving spouse, or head of household taxpayers also apply to married taxpayers who are not filing a joint return and satisfy the special rules for separated spouses in § 32(d). Number of Qualifying Children ItemOneTwo Three or MoreNone Earned Income Amount$10,980$15,410$15,410$7,320 Maximum Amount of Credit$3,733$6,164$6,935$560 Threshold Phaseout Amount (Single, Surviving Spouse, or Head of Household) $20,130$20,130$20,130$9,160 Completed Phaseout Amount (Single, Surviving Spouse, or Head of Household) $43,492$49,399$53,057$16,480 Threshold Phaseout Amount (Married Filing Jointly)$26,260$26,260$26,260$15,290 Completed Phaseout Amount (Married Filing Jointly)$49,622$55,529$59,187$22,610 The instructions for the Form 1040 series provide tables showing the amount of the earned income credit for each type of tax- payer. (2) Excessive Investment Income. For taxable years beginning in 2022, the earned income tax credit is not allowed under § 32(i) if the aggregate amount of certain investment income exceeds $10,300. .07 Refundable Credit for Coverage Under a Qualified Health Plan. For tax- able years beginning in 2022, the limita- tion on tax imposed under § 36B(f)(2) (B) for excess advance credit payments is determined using the following table: If the household income The limitation amount for The limitation amount for (expressed as a percent unmarried individuals all other taxpayers is: of poverty line) is: (other than surviving spouses and heads of household) is: Less than 200% $325 $650 At least 200% but less than 300% $825 $1,650 At least 300% but less than 400% $1,400 $2,800 Bulletin No. 2021–48 769 November 29, 2021 .08 Rehabilitation Expenditures Treated as Separate New Building. For calendar year 2022, the per low-income unit qualified basis amount under § 42(e) (3)(A)(ii)(II) is $7,400. .09 Low-Income Housing Credit. For calendar year 2022, the amount used under § 42(h)(3)(C)(ii) to calculate the State housing credit ceiling for the low-in- come housing credit is the greater of (1) $2.60 multiplied by the State population, or (2) $2,975,000. .10 Employee Health Insurance Expense of Small Employers. For taxable years beginning in 2022, the dollar amount in effect under § 45R(d)(3)(B) is $28,700. This amount is used under § 45R(c) for limiting the small employer health insur- ance credit and under § 45R(d)(1)(B) for determining who is an eligible small employer for purposes of the credit. .11 Exemption Amounts for Alternative Minimum Tax . For taxable years beginning in 2022, the exemption amounts under § 55(d)(1) are: Joint Returns or Surviving Spouses$118,100 Unmarried Individuals (other than Surviving Spouses)$75,900 Married Individuals Filing Separate Returns$59,050 Estates and Trusts$26,500 For taxable years beginning in 2022, under § 55(b)(1), the excess taxable income above which the 28 percent tax rate applies is: Married Individuals Filing Separate Returns$103,050 Joint Returns, Unmarried Individuals (other than surviving spouses), and Estates and Trusts$206,100 For taxable years beginning in 2022, the amounts used under § 55(d)(2) to determine the phaseout of the exemption amounts are: Threshold Phaseout amount Complete Phaseout amount Joint Returns or Surviving Spouses$1,079,800$1,552,200 Unmarried Individuals (other than Surviving Spouses)$539,900$843,500 Married Individuals Filing Separate Returns$539,900$776,100 Estates and Trusts$88,300$194,300 .12 Alternative Minimum Tax Exemption for a Child Subject to the “Kiddie Tax.” For taxable years beginning in 2022, for a child to whom the § 1(g) “kiddie tax” applies, the exemption amount under §§ 55(d) and 59(j) for purposes of the alternative mini- mum tax under § 55 may not exceed the sum of (1) the child’s earned income for the taxable year, plus (2) $8,200. .13 Certain Expenses of Elementary and Secondary School Teachers. For taxable years beginning in 2022, under § 62(a)(2)(D) the amount of the deduc- tion allowed under § 162 that consists of expenses paid or incurred by an eligible educator in connection with books, sup- plies (other than nonathletic supplies for courses of instruction in health or phys- ical education), computer equipment (including related software and services) and other equipment, and supplementary materials used by the eligible educator in the classroom is $300. .14 Transportation Mainline Pipeline Construction Industry Optional Expense Substantiation Rules for Payments to Employees Under Accountable Plans. For calendar year 2022, an eligible employer may pay certain welders and heavy equip- ment mechanics an amount up to $19 per hour for rig-related expenses that are deemed substantiated under an account- able plan if paid in accordance with Rev. Proc. 2002-41, 2002-1 C.B. 1098. If the employer provides fuel or otherwise reim- burses fuel expenses, an amount up to $12 per hour is deemed substantiated if paid under Rev. Proc. 2002-41. .15 Standard Deduction. (1) In general. For taxable years begin- ning in 2022, the standard deduction amounts under § 63(c)(2) are as follows: Filing StatusStandard Deduction Married Individuals Filing Joint Returns and Surviving Spouses (§ 1(j)(2)(A))$25,900 Heads of Households (§ 1(j)(2)(B))$19,400 Unmarried Individuals (other than Surviving Spouses and Heads of Households) (§ 1(j)(2)(C))$12,950 Married Individuals Filing Separate Returns (§ 1(j)(2)(D))$12,950 November 29, 2021 770 Bulletin No. 2021–48 (2) Dependent. For taxable years beginning in 2022, the standard deduction amount under § 63(c)(5) for an individ- ual who may be claimed as a dependent by another taxpayer cannot exceed the greater of (1) $1,150, or (2) the sum of $400 and the individual’s earned income. (3) Aged or blind. For taxable years beginning in 2022, the additional standard deduction amount under § 63(f) for the aged or the blind is $1,400. The additional standard deduction amount is increased to $1,750 if the individual is also unmarried and not a surviving spouse. .16 Cafeteria Plans. For taxable years beginning in 2022, the dollar limitation under § 125(i) on voluntary employee sal- ary reductions for contributions to health flexible spending arrangements is $2,850. If the cafeteria plan permits the carryover of unused amounts, the maximum carry- over amount is $570. .17 Qualified Transportation Fringe Benefit. For taxable years beginning in 2022, the monthly limitation under § 132(f)(2)(A) regarding the aggregate fringe benefit exclusion amount for trans- portation in a commuter highway vehicle and any transit pass is $280. The monthly limitation under § 132(f)(2)(B) regarding the fringe benefit exclusion amount for qualified parking is $280. .18 Income from United States Savings Bonds for Taxpayers Who Pay Qualified Higher Education Expenses. For tax- able years beginning in 2022, the exclu- sion under § 135, regarding income from United States savings bonds for taxpay- ers who pay qualified higher education expenses, begins to phase out for modified adjusted gross income above $128,650 for joint returns and $85,800 for all other returns. The exclusion is completely phased out for modified adjusted gross income of $158,650 or more for joint returns and $100,800 or more for all other returns. .19 Adoption Assistance Programs. For taxable years beginning in 2022, under § 137(a)(2), the amount that can be excluded from an employee’s gross income for the adoption of a child with special needs is $14,890. For taxable years beginning in 2022, under § 137(b)(1) the maximum amount that can be excluded from an employee’s gross income for the amounts paid or expenses incurred by an employer for qualified adoption expenses furnished pursuant to an adoption assis- tance program for adoptions by the employee is $14,890. The amount exclud- able from an employee’s gross income begins to phase out under § 137(b)(2) (A) for taxpayers with modified adjusted gross income in excess of $223,410 and is completely phased out for taxpayers with modified adjusted gross income of $263,410 or more. (See section 3.04 of this revenue procedure for the adjusted items relating to the adoption credit.) .20 Private Activity Bonds Volume Cap. For calendar year 2022, the amounts used under § 146(d) to calculate the State ceiling for the volume cap for private activity bonds is the greater of (1) $110 multiplied by the State population, or (2) $335,115,000. .21 Loan Limits on Agricultural Bonds. For calendar year 2022, the loan limit amount on agricultural bonds under § 147(c)(2)(A) for first-time farmers is $575,400. .22 General Arbitrage Rebate Rules. For bond years ending in 2022, the amount of the computation credit determined under § 1.148-3(d)(4) of the Income Tax Regulations is $1,830. .23 Safe Harbor Rules for Broker Commissions on Guaranteed Investment Contracts or Investments Purchased for a Yield Restricted Defeasance Escrow. For calendar year 2022, under § 1.148- 5(e)(2)(iii)(B)(1), a broker’s commission or similar fee for the acquisition of a guaranteed investment contract or invest- ments purchased for a yield restricted defeasance escrow is reasonable if (1) the amount of the fee that the issuer treats as a qualified administrative cost does not exceed the lesser of (A) $43,000, and (B) 0.2 percent of the computational base (as defined in § 1.148-5(e)(2)(iii)(B)(2)) or, if more, $4,000; and (2) for any issue, the issuer does not treat more than $122,000 in brokers’ commissions or similar fees as qualified administrative costs for all guaranteed investment contracts and investments for yield restricted defea- sance escrows purchased with gross pro- ceeds of the issue. .24 Gross Income Limitation for a Qualifying Relative. For taxable years beginning in 2022, the exemption amount referenced in § 152(d)(1)(B) is $4,400. .25 Election to Expense Certain Depre- ciable Assets. For taxable years beginning in 2022, under § 179(b)(1), the aggregate cost of any § 179 property that a taxpayer elects to treat as an expense cannot exceed $1,080,000 and under § 179(b)(5)(A), the cost of any sport utility vehicle that may be taken into account under § 179 can- not exceed $27,000. Under § 179(b)(2), the $1,080,000 limitation under section 179(b)(1) is reduced (but not below zero) by the amount by which the cost of § 179 property placed in service during the 2022 taxable year exceeds $2,700,000. .26 Energy Efficient Commercial Build- ing Deduction. For taxable years begin- ning in 2022, the maximum amount of the deduction allowed under section 179D(b) is $1.88. For taxable years beginning in 2022, the amount used to determine the partial allowance of the deduction under section 179D(d)(1)(A) is $0.63. .27 Qualified Business Income. For tax- able years beginning in 2022, the threshold amounts under § 199A(e)(2) and phase-in range amounts under § 199A(b)(3)(B) and § 199A(d)(3)(A) are: Filing StatusThreshold amountPhase-in range amount Married Individuals Filing Joint Returns$340,100$440,100 Married Individuals Filing Separate Returns$170,050$220,050 All Other Returns$170,050$220,050 Bulletin No. 2021–48 771 November 29, 2021 .28 Eligible Long-Term Care Premi- ums. For taxable years beginning in 2022, the limitations under § 213(d)(10), regard- ing eligible long-term care premiums includible in the term “medical care,” are as follows: Attained Age Before the Close of the Taxable YearLimitation on Premiums 40 or less$450 More than 40 but not more than 50$850 More than 50 but not more than 60$1,690 More than 60 but not more than 70$4,510 More than 70$5,640 .29 Medical Savings Accounts. (1) Self-only coverage. For taxable years beginning in 2022, the term “high deductible health plan” as defined in § 220(c)(2)(A) means, for self-only cov- erage, a health plan that has an annual deductible that is not less than $2,450 and not more than $3,700, and under which the annual out-of-pocket expenses required to be paid (other than for premiums) for cov- ered benefits do not exceed $4,950. (2) Family coverage. For taxable years beginning in 2022, the term “high deductible health plan” means, for family coverage, a health plan that has an annual deductible that is not less than $4,950 and not more than $7,400, and under which the annual out-of-pocket expenses required to be paid (other than for premi- ums) for covered benefits do not exceed $9,050. .30 Interest on Education Loans. For taxable years beginning in 2022, the $2,500 maximum deduction for inter- est paid on qualified education loans under § 221 begins to phase out under § 221(b)(2)(B) for taxpayers with modi- fied adjusted gross income in excess of $70,000 ($145,000 for joint returns), and is completely phased out for taxpayers with modified adjusted gross income of $85,000 or more ($175,000 or more for joint returns). .31 Limitation on Use of Cash Method of Accounting. For taxable years begin- ning in 2022, a corporation or partnership meets the gross receipts test of § 448(c) for any taxable year if the average annual gross receipts of such entity for the 3-tax- able-year period ending with the taxable year which precedes such taxable year does not exceed $27,000,000. .32 Threshold for Excess Business Loss. For taxable years beginning in 2022, in determining a taxpayer’s excess busi- ness loss, the amount under § 461(l)(3) (A)(ii)(II) is $270,000 ($540,000 for joint returns). .33 Treatment of Dues Paid to Agri- cultural or Horticultural Organizations. For taxable years beginning in 2022, the limitation under § 512(d)(1), regarding the exemption of annual dues required to be paid by a member to an agricultural or horticultural organization, is $178. .34 Insubstantial Benefit Limitations for Contributions Associated with Chari- table Fund-Raising Campaigns. (1) Low cost article. For taxable years beginning in 2022, for purposes of defin- ing the term “unrelated trade or business” for certain exempt organizations under § 513(h)(2), “low cost articles” are articles costing $11.70 or less. (2) Other insubstantial benefits. For taxable years beginning in 2022, under § 170, the $5, $25, and $50 guidelines in section 3 of Rev. Proc. 90-12, 1990-1 C.B. 471 (as amplified by Rev. Proc. 92-49, 1992-1 C.B. 987, and modified by Rev. Proc. 92-102, 1992-2 C.B. 579), for the value of insubstantial benefits that may be received by a donor in return for a con- tribution, without causing the contribution to fail to be fully deductible, are $11.70, $58.50 and $117, respectively. .35 Special Rules for Credits and Deductions. For taxable years beginning in 2022, the amount of the deduction under § 642(b)(2)(C)(i) is $4,400. .36 Tax on Insurance Companies Other than Life Insurance Companies. For taxable years beginning in 2022, under § 831(b)(2)(A)(i) the amount of the limit on net written premiums or direct writ- ten premiums (whichever is greater) is $2,450,000 to elect the alternative tax for certain small companies under § 831(b) (1) to be taxed only on taxable investment income. .37 Expatriation to Avoid Tax. For calendar year 2022, under § 877A(g)(1) (A), unless an exception under § 877A(g) (1)(B) applies, an individual is a covered expatriate if the individual’s “average annual net income tax” under § 877(a) (2)(A) for the five taxable years ending before the expatriation date is more than $178,000. .38 Tax Responsibilities of Expatria- tion. For taxable years beginning in 2022, the amount that would be includible in the gross income of a covered expatriate by reason of § 877A(a)(1) is reduced (but not below zero) by $767,000 pursuant to § 877A(a)(3). .39 Foreign Earned Income Exclusion. For taxable years beginning in 2022, the foreign earned income exclusion amount under § 911(b)(2)(D)(i) is $112,000. .40 Debt Instruments Arising Out of Sales or Exchanges. For calendar year 2022, a qualified debt instrument under § 1274A(b) has stated principal that does not exceed $6,289,500, and a cash method debt instrument under § 1274A(c)(2) has stated principal that does not exceed $4,492,500. .41 Unified Credit Against Estate Tax. For an estate of any decedent dying in calendar year 2022, the basic exclusion amount is $12,060,000 for determining the amount of the unified credit against estate tax under § 2010. .42 Valuation of Qualified Real Prop- erty in Decedent’s Gross Estate. For an estate of a decedent dying in calendar year 2022, if the executor elects to use the special use valuation method under § 2032A for qualified real property, the aggregate decrease in the value of quali- fied real property resulting from electing to use § 2032A for purposes of the estate tax cannot exceed $1,230,000. .43 Annual Exclusion for Gifts. November 29, 2021 772 Bulletin No. 2021–48 (1) For calendar year 2022, the first $16,000 of gifts to any person (other than gifts of future interests in property) are not included in the total amount of taxable gifts under § 2503 made during that year. (2) For calendar year 2022, the first $164,000 of gifts to a spouse who is not a citizen of the United States (other than gifts of future interests in property) are not included in the total amount of taxable gifts under §§ 2503 and 2523(i)(2) made during that year. .44 Tax on Arrow Shafts. For calen- dar year 2022, the tax imposed under § 4161(b)(2)(A) on the first sale by the manufacturer, producer, or importer of any shaft of a type used in the manufac- ture of certain arrows is $0.55 per shaft. .45 Passenger Air Transportation Excise Tax. For calendar year 2022, the tax under § 4261(b)(1) on the amount paid for each domestic segment of taxable air transportation is $4.50. For calendar year 2022, the tax under § 4261(c)(1) on any amount paid (whether within or without the United States) for any international air transportation, if the transportation begins or ends in the United States, generally is $19.70. Under § 4261(c)(3), however, a lower rate of tax applies under § 4261(c) (1) to a domestic segment beginning or ending in Alaska or Hawaii, and the tax applies only to departures. For calendar year 2022, the rate of tax is $9.90. .46 Reporting Exception for Certain Exempt Organizations with Nondeduct- ible Lobbying Expenditures. For taxable years beginning in 2022, the annual per person, family, or entity dues limitation to qualify for the reporting exception under § 6033(e)(3) (and section 5.05 of Rev. Proc. 98-19, 1998-1 C.B. 547), regarding certain exempt organizations with nonde- ductible lobbying expenditures, is $124 or less. .47 Notice of Large Gifts Received from Foreign Persons. For taxable years begin- ning in 2022, § 6039F authorizes the Trea- sury Department and the Internal Revenue Service to require recipients of gifts from certain foreign persons to report these gifts if the aggregate value of gifts received in the taxable year exceeds $17,339. .48 Persons Against Whom a Federal Tax Lien Is Not Valid. For calendar year 2022, a federal tax lien is not valid against (1) certain purchasers under § 6323(b) (4) who purchased personal property in a casual sale for less than $1,690, or (2) a mechanic’s lien or under § 6323(b)(7) who repaired or improved certain residen- tial property if the contract price with the owner is not more than $8,440. .49 Property Exempt from Levy. For calendar year 2022, the value of property exempt from levy under § 6334(a)(2) (fuel, provisions, furniture, and other household personal effects, as well as arms for per- sonal use, livestock, and poultry) cannot exceed $10,090. The value of property exempt from levy under § 6334(a)(3) (books and tools necessary for the trade, business, or profession of the taxpayer) cannot exceed $5,050. .50 Exempt Amount of Wages, Salary, or Other Income. For taxable years begin- ning in 2022, the dollar amount used to calculate the amount determined under § 6334(d)(4)(B) is $4,400. .51 Interest on a Certain Portion of the Estate Tax Payable in Installments. For an estate of a decedent dying in calendar year 2022, the dollar amount used to determine the “2-percent portion” (for purposes of calculating interest under § 6601(j)) of the estate tax extended as provided in § 6166 is $1,640,000. .52 Failure to File Tax Return. In the case of any return required to be filed in 2023, the amount of the addition to tax under § 6651(a) for failure to file within 60 days of the due date of such return (determined with regard to any extensions of time for filing) shall not be less than the lesser of $450 or 100 percent of the amount required to be shown as tax on such return. .53 Failure to File Certain Information Returns, Registration Statements, etc. For returns required to be filed in 2023, the penalty amounts under § 6652(c) are: (1) for failure to file a return required under § 6033(a)(1) (relating to returns by exempt organization) or § 6012(a)(6) (relating to returns by political organiza- tions): ScenarioDaily Penalty Maximum Penalty Organization (§ 6652(c)(1)(A))$20Lessor of $11,000 or 5% of gross receipts of the organization for the year. Organization with gross receipts exceeding $1,129,000 (§ 6652(c)(1)(A))$110$56,000 Managers (§ 6652(c)(1)(B))$10$5,500 Public inspection of annual returns and reports (§ 6652(c)(1)(C))$20$11,000 Public inspection of applications for exemption and notice of status (§ 6652(c)(1)(D)) $20No Limit (2) for failure to file a return required under § 6034 (relating to returns by cer- tain trust) or § 6043(b) (relating to termi- nations, etc., of exempt organizations): ScenarioDaily Penalty Maximum Penalty Organization or trust (§ 6652(c)(2)(A))$10$5,500 Managers (§ 6652(c)(2)(B))$10$5,500 Split-Interest Trust (§ 6652(c)(2)(C)(ii))$20$11,000 Any trust with gross income exceeding $282,000 (§ 6652(c)(2)(C)(ii))$110$56,000 Bulletin No. 2021–48 773 November 29, 2021 (3) for failure to file a disclosure required under § 6033(a)(2): ScenarioDaily Penalty Maximum Penalty Tax–exempt entity (§ 6652(c)(3)(A))$110$56,000 Failure to comply with written demand (§ 6652(c)(3)(B)(ii))$110$11,000 .54 Other Assessable Penalties With Respect to the Preparation of Tax Returns for Other Persons. In the case of any fail- ure relating to a return or claim for refund filed in 2023, the penalty amounts under § 6695 are: ScenarioPer Return or Claim for RefundMaximum Penalty Failure to furnish copy to taxpayer (§ 6695(a))$55$28,000 Failure to sign return (§ 6695(b))$55$28,000 Failure to furnish identifying number (§ 6695(c))$55$28,000 Failure to retain copy or list (§ 6695(d))$55$28,000 Failure to file correct information returns (§ 6695(e))$55 per return and item in return$28,000 Negotiation of check (§ 6695(f))$560 per checkNo limit Failure to be diligent in determining eligibility for head of household filing status, child tax credit, American Opportunity tax credit, and earned income credit (§ 6695(g)) $560 per failureNo limit .55 Failure to File Partnership Return. In the case of any return required to be filed in 2023, the dollar amount used to determine the amount of the penalty under § 6698(b)(1) is $220. .56 Failure to File S Corporation Return. In the case of any return required to be filed in 2023, the dollar amount used to determine the amount of the penalty under § 6699(b)(1) is $220. .57 Failure to File Correct Information Returns. In the case of any failure relating to a return required to be filed in 2023, the penalty amounts under § 6721 are: (1) for persons with average annual gross receipts for the most recent three taxable years of more than $5,000,000, for failure to file correct information returns: ScenarioPenalty Per Return Calendar Year Maximum General Rule (§ 6721(a)(1))$290$3,532,500 Corrected on or before 30 days after required filing date (§ 6721(b)(1))$50$588,500 Corrected after 30 th day but on or before August 1, 2023 (§ 6721(b)(2))$110$1,766,000 (2) for persons with average annual gross receipts for the most recent three taxable years of $5,000,000 or less, for failure to file correct information returns: ScenarioPenalty Per Return Calendar Year Maximum General Rule (§ 6721(d)(1)(A))$290$1,177,500 Corrected on or before 30 days after required filing date (§ 6721(d)(1)(B))$50$206,000 Corrected after 30 th day but on or before August 1, 2023 (§ 6721(d)(1)(C))$110$588,500 (3) for failure to file correct informa- tion returns due to intentional disregard of the filing requirement (or the correct information reporting requirement): ScenarioPenalty Per Return Calendar Year Maximum Return other than a return required to be filed under §§ 6045(a), 6041A(b), 6050H, 6050I, 6050J, 6050K, or 6050L (§ 6721(e)(2)(A)) Greater of (i) $580, or (ii) 10% of aggregate amount of items required to be reported correctly No limit November 29, 2021 774 Bulletin No. 2021–48 ScenarioPenalty Per Return Calendar Year Maximum Return required to be filed under §§ 6045(a), 6050K, or 6050L (§ 6721(e)(2)(B)) Greater of (i) $580, or (ii) 5% of aggregate amount of items required to be reported correctly No limit Return required to be filed under § 6050I(a) (§ 6721(e)(2)(C)) Greater of (i) $29,440, or (ii) amount of cash received up to $117,500 No limit Return required to be filed under § 6050V (§ 6721(e)(2)(D)) Greater of (i) $580, or (ii) 10% of the value of the benefit of any contract with respect to which information is required to be included on the return No limit .58 Failure to Furnish Correct Payee Statements. In the case of any failure relating to a statement required to be fur- nished in 2023, the penalty amounts under § 6722 are: (1) for persons with average annual gross receipts for the most recent three taxable years of more than $5,000,000, for failure to furnish correct payee statements: ScenarioPenalty Per StatementCalendar Year Maximum General Rule (§ 6722(a)(1))$290$3,532,500 Corrected on or before 30 days after required furnishing date (§ 6722(b)(1))$50$588,500 Corrected after 30th day but on or before August 1, 2023 (§ 6722(b)(2))$110$1,766,000 (2) for persons with average annual gross receipts for the most recent 3 taxable years of $5,000,000 or less, for failure to furnish correct payee statements: ScenarioPenalty Per StatementCalendar Year Maximum General Rule (§ 6722(d)(1)(A))$290$1,177,500 Corrected on or before 30 days after required furnishing date (§ 6722(d)(1)(B))$50$206,000 Corrected after 30 th day but on or before August 1, 2023 (§ 6722(d)(1)(C))$110$588,500 (3) for failure to furnish correct payee statements due to intentional disregard of the requirement to furnish a payee state-ment (or the correct information reporting requirement): ScenarioPenalty Per StatementCalendar Year Maximum Payee statement other than a statement required under §§ 6045(b), 6041A(e) (in respect of a return required under § 6041A(b)), 6050H(d), 6050J(e), 6050K(b), or 6050L(c) (§ 6722(e)(2)(A)) Greater of (i) $580, or (ii) 10% of aggregate amount of items required to be reported correctly No limit Payee statement required under §§ 6045(b), 6050K(b), or 6050L(c) (§ 6722(e)(2)(B)) Greater of (i) $580, or (ii) 5% of aggregate amount of items required to be reported correctly No limit .59 Revocation or Denial of Passport in Case of Certain Tax Delinquencies. For calendar year 2022, the amount of a serious delinquent tax debt under § 7345 is $55,000. .60 Attorney Fee Awards. For fees incurred in calendar year 2022, the attor- ney fee award limitation under § 7430(c) (1)(B)(iii) is $220 per hour. .61 Periodic Payments Received Under Qualified Long-Term Care Insurance Contracts or Under Certain Life Insur- ance Contracts. For calendar year 2022, the stated dollar amount of the per diem limitation under § 7702B(d)(4), regarding periodic payments received under a qual- ified long-term care insurance contract or periodic payments received under a life insurance contract that are treated as paid by reason of the death of a chronically ill individual, is $390. .62 Qualified Small Employer Health Reimbursement Arrangement. For tax- able years beginning in 2022, to qualify as a qualified small employer health reim- bursement arrangement under § 9831(d), the arrangement must provide that the Bulletin No. 2021–48 775 November 29, 2021 total amount of payments and reimburse- ments for any year cannot exceed $5,450 ($11,050 for family coverage). SECTION 4. EFFECTIVE DATE .01 General Rule. Except as provided in section 4.02 of this revenue procedure, this revenue procedure applies to taxable years beginning in 2022. .02 Calendar Year Rule. This reve- nue procedure applies to transactions or events occurring in calendar year 2022 for purposes of sections 3.08 (rehabil- itation expenditures treated as separate new building), 3.09 (low-income hous- ing credit), 3.14 (transportation mainline pipeline construction industry optional expense substantiation rules for payments to employees under accountable plans), 3.20 (private activity bonds volume cap), 3.21 (loan limits on agricultural bonds), 3.22 (general arbitrage rebate rules), 3.23 (safe harbor rules for broker commis- sions on guaranteed investment contracts or investments purchased for a yield restricted defeasance escrow), 3.37 (expa- triation to avoid taxes), 3.40 (debt instru- ments arising out of sales or exchanges), 3.41 (unified credit against estate tax), 3.42 (valuation of qualified real property in decedent’s gross estate), 3.43 (annual exclusion for gifts), 3.44 (tax on arrow shafts), 3.45 (passenger air transportation excise tax), 3.48 (persons against whom a federal tax lien is not valid), 3.49 (prop- erty exempt from levy), 3.51 (interest on a certain portion of the estate tax payable in installments), 3.59 (revocation or denial of passport in case of certain tax delinquen- cies), 3.60 (attorney fee awards), and 3.61 (periodic payments received under quali- fied long-term care insurance contracts or under certain life insurance contracts) of this revenue procedure. SECTION 5. DRAFTING INFORMATION The principal author of this revenue procedure is William Ruane of the Office of Associate Chief Counsel (Income Tax & Accounting). For further information regarding this revenue procedure, contact Mr. Ruane at (202) 317-4718 (not a toll- free number). 26 CFR 601.105 Examination of returns and claims for refund, credit or abatement; determination of correct tax liability. (Also: Part I, §§ 139, 163, 164, 6041, 6041A, 6050H, 6721, 6722, 6724; §§ 1.6041-1, 1.6050H- 1(e)(ii), 1.6050H-3(b)) Rev. Proc. 2021-47 SECTION 1. PURPOSE This revenue procedure addresses the Federal income tax treatment and infor- mation reporting requirements for pay- ments made to or on behalf of financially distressed individual homeowners by certain entities with funds allocated from the Homeowner Assistance Fund (HAF), which was established under section 3206 of the American Rescue Plan Act of 2021, Pub. L. No. 117-2, 135 Stat. 4 (March 11, 2021) (ARP), in response to the coronavi- rus disease (COVID-19) pandemic. SECTION 2. BACKGROUND .01 On March 13, 2020, the President declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020. See Proclamation 9994, 85 Fed. Reg. 15337 (March 13, 2020). On February 24, 2021, the President extended the nationwide emergency due to COVID-19 beyond March 1, 2021. See Presidential Notice, 86 Fed. Reg. 11599 (February 24, 2021). .02 As of April 17, 2020, the President had declared the COVID-19 pandemic a disaster warranting assistance under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121-5207, in all fifty States, the District of Columbia, and the United States territo- ries, with an incident date beginning Jan- uary 20, 2020, and continuing. See Letter to Federal Agencies on an Emergency Determination for the Coronavirus Dis- ease 2019 (COVID-19) Pandemic Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Comp. Pres. Doc. (Mar. 13, 2020). See for example, District of Columbia; Major Disaster and Related Determinations, 85 Fed. Reg. 31534. .03 In section 3206(a) of the ARP, Con- gress appropriated funds for fiscal year 2021 that are to remain available until September 30, 2025, to fund the HAF. The purpose of the HAF is to mitigate financial hardships associated with the COVID-19 pandemic by providing funds to the eli- gible entities listed in section 3206(b) (3) of the ARP for the purpose of paying certain expenses to prevent: homeowner mortgage delinquencies; defaults; fore- closures; loss of utilities or home energy services; and displacements of homeown- ers experiencing financial hardship after January 21, 2020. .04 Section 3206(b)(3) of the ARP pro- vides that eligible entities include: (1) any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Common- wealth of the Northern Mariana Islands; and (2) pursuant to section 3206(f) of the ARP, entities that are eligible for pay- ments under section 501(b)(2)(A)(i) and (ii) of subtitle A of title V of division N of the Consolidated Appropriations Act, 2021 (CAA), Public Law 116–260, 134 Stat. 1182 (December 27, 2020). .05 Under the HAF program, funds are appropriated to eligible entities for the purpose of helping homeowners who sat- isfy the requirements of section 3206(c) (2) of the ARP with qualified expenses related to housing. Section 3206(b)(2) of the ARP provides a definition of dwelling which describes the property on which a homeowner could qualify for payments from the HAF. Sections 3206(b)(1) and 3206(b)(4) of the ARP define the types of mortgages on such dwellings that qualify for payments from the HAF. .06 Section 3206(c)(1) of the ARP sets forth a non-exclusive list of quali- fied expenses, which include: mortgage payment assistance; financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing related costs related to a period of forbearance, delinquency, or default; principal reduc- tion; facilitating interest rate reductions; and payment assistance for: (a) utilities, including electric, gas, home energy, and water; (b) internet service, including broad band internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (c) homeowner’s insurance, flood insurance, and mortgage insurance; and (d) homeowner’s association, con- November 29, 2021 776 Bulletin No. 2021–48 dominium association fees, or common charges. In addition, section 3206(c)(1) (G) of the ARP provides that HAF funds may be used for any other assistance to promote housing stability for homeown- ers, including preventing mortgage delin- quency, default, foreclosure, post-fore- closure eviction of a homeowner, or the loss of utility or home energy services, as determined by the Secretary of the Trea- sury (Secretary). .07 Section 61(a) of the Code provides that, except as otherwise provided by law, gross income means all income from whatever source derived. .08 Section 139(a) of the Code pro- vides that gross income does not include any amount received by an individual as a qualified disaster relief payment. Section 139(b)(4) provides that the term qualified disaster relief payment includes any amount paid to or for the benefit of an individual if such amount is paid by a Federal, State, or local government, or agency or instrumentality thereof, in con- nection with a qualified disaster in order to promote the general welfare, but only to the extent any expense compensated by such payment is not otherwise com- pensated for by insurance or otherwise. Section 139(c) defines a qualified disas- ter, for purposes of § 139(b)(4), to mean a federally declared disaster within the meaning of § 165(i)(5)(A) of the Code, or a disaster which is determined by an appli- cable Federal, State, or local authority (as determined by the Secretary) to warrant assistance from the Federal, State, or local government, or agency or instrumentality thereof. .09 Section 139(h) provides that, not- withstanding any other provision of subti- tle A of the Code, no deduction or credit is allowed (to the person for whose benefit a qualified disaster relief payment or quali- fied disaster mitigation payment is made) for, or by reason of, any expenditure to the extent of the amount excluded under § 139 with respect to such expenditure. .10 Section 163(h)(2)(D) of the Code generally allows taxpayers to deduct as personal interest amounts paid as qualified residence interest, as defined in § 163(h) (3), during the taxable year. For this pur- pose, qualified residence interest generally includes interest on acquisition indebted- ness and certain home equity indebted- ness (subject to certain dollar limitations), and may include mortgage insurance pre- miums treated as interest, as defined in § 163(h)(3)(E), (collectively, mortgage interest) with respect to any qualified resi- dence, as defined in § 163(h)(4). .11 Section 164(a) of the Code gen- erally allows taxpayers to deduct cer- tain taxes paid during the taxable year. For example, State and local real prop- erty taxes are types of taxes that may be deducted under § 164(a). However, § 164(b)(6)(B) provides that, in the case of an individual, for taxable years begin- ning after December 31, 2017, and before January 1, 2026, the aggregate amount of taxes taken into account under §§ 164(a) (1), (2), and (3) and 164(b)(5) for any tax- able year cannot exceed $10,000 ($5,000 in the case of a married individual filing a separate return). .12 Section 3 of this revenue proce- dure provides an optional safe harbor method for homeowners to compute their itemized deductions for mortgage inter- est and real property taxes when in the same taxable year the homeowner has received, or benefited from, a HAF pay- ment from a State, as defined in section 3.02(6) of this revenue procedure, that may be used to pay a portion of a home- owner’s mortgage interest and/or real property taxes and the homeowner has also paid a portion of the mortgage inter- est and real property taxes with funds from the Homeowner’s own sources, as defined in section 3.02(3) of this revenue procedure. A homeowner is not permit- ted to deduct under § 163 or § 164, as applicable, an amount greater than the amount the homeowner has paid from the Homeowner’s own sources. Section 4 of this revenue procedure provides guidance to States, as defined in section 3.02(6) of this revenue procedure, and mortgage lenders and servicers regard- ing information reporting requirements relating to certain HAF payments. .13 The safe harbor provided in sec- tion 3 of this revenue procedure is similar to the safe harbor provided in Notice 2018-63, 2018-34 I.R.B. 318, for the Housing Finance Agency Innovation Fund for the Hardest Hit Markets (HFA Hardest Hit Fund), authorized by section 109 of the Emergency Economic Stabili- zation Act, Division A of Pub. L. 110-343, 112 Stat. 3774 (2008). Funding under HFA Hardest Hit Fund is available for, but not limited to, programs involving the following transactions: mortgage modifi- cations; principal forbearance to facilitate additional mortgage modifications; short sales and deeds-in-lieu of foreclosure; unemployment programs; principal reduc- tions for homeowners with severe neg- ative equity; and second-lien reductions and modifications. SECTION 3. SAFE HARBOR METHODS FOR COMPUTING DEDUCTIONS FOR QUALIFIED RESIDENCE MORTGAGE INTEREST AND REAL ESTATE TAXES .01 Scope. This revenue procedure applies to a Homeowner, as defined in sec- tion 3.02(2) of this revenue procedure, if: (1) The Homeowner receives a pay- ment from, or a payment is made on the Homeowner’s behalf by, a State, as defined in section 3.02(6) of this revenue procedure; (2) The payment is made with funds from the HAF; (3) The payment is used to pay quali- fied expenses, as defined in section 3.02(4) of this revenue procedure, of the Home- owner, and at least one of the expenses is a qualified housing payment expense, as defined in section 3.02(5) of this revenue procedure; (4) The Homeowner has also paid a portion of the qualified housing payment expense from the Homeowner’s own sources, as defined in section 3.02(3) of this revenue procedure; (5) The Homeowner itemizes deduc- tions on the Homeowner’s Federal income tax return; (6) The Homeowner would meet the requirements of § 163(h)(3) to deduct qualified mortgage interest expenses, defined in section 3.02(5)(a) of this reve- nue procedure, if the Homeowner paid the qualified mortgage interest expenses from the Homeowner’s own sources; and (7) The Homeowner would meet the requirements of § 164(a)(1) to deduct qualified real property tax expenses, defined in section 3.02(5)(b) of this reve- nue procedure (determined without regard to § 164(b)(6)(B)), if the Homeowner paid Bulletin No. 2021–48 777 November 29, 2021 the qualified real property tax expenses from the Homeowner’s own sources. .02 Definitions. (1) HAF payment. A HAF payment is a payment by a State with funds allocated from the HAF to pay qualified expenses of a Homeowner. (2) Homeowner. The term “Home- owner” means an individual homeowner who satisfies the requirements of section 3206(c)(2) of the ARP and who resides in a State. (3) Homeowner’s own sources. Pay- ments are considered to be made from a Homeowner’s own sources if they are out-of-pocket payments that are not made from the HAF or other Federal, State or local government financial assistance pro- grams. (4) Qualified expense. The term “qual- ified expense” has the same meaning as in section 3206(c)(1) of the ARP. For exam- ple, a qualified expense includes, but is not limited to, mortgage payment assistance; financial assistance to allow a homeowner to reinstate a mortgage or to pay other housing related costs related to a period of forbearance, delinquency, or default; principal reduction; facilitating interest rate reductions; and payment assistance for: (a) utilities, including electric, gas, home energy, and water; (b) internet ser- vice, including broad band internet access service, as defined in section 8.1(b) of title 47, Code of Federal Regulations (or any successor regulation); (c) home- owner’s insurance, flood insurance, and mortgage insurance; and (d) homeowner’s association, condominium association fees, or common charges. (5) Qualified housing payment expense. A qualified housing payment expense means: (a) Qualified mortgage interest expenses, which are qualified residence interest (defined in § 163(h)(3)) and mort- gage insurance premiums treated as inter- est (defined in § 163(h)(3)(E)) that are related to a mortgage (defined in section 3206(b)(4) of the ARP) on a qualified res- idence (defined in § 163(h)(4)) that is a principal residence; and (b) Qualified real property tax expenses, which are State and local (but not foreign) taxes (within the meaning of § 164(a)) assessed on a principal residence. (6) State. The term “State” includes all fifty states of the United States and the District of Columbia and any agency or instrumentality of the foregoing. Unlike section 3206(b)(7) of the ARP, the term “State” excludes the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. .03 In general. The COVID-19 pan- demic is a qualified disaster within the meaning of § 139(c). A HAF payment is a qualified disaster relief payment within the meaning of § 139(b)(4). As a result, such payments are not included in the Homeowner’s gross income. In accor- dance with § 139(h), a Homeowner that receives a HAF payment, or on whose behalf a HAF payment is made, for qual- ified expenses cannot take a deduction or credit with respect to such expenses. .04 Safe harbor methods. (1) Safe harbor for allocation of HAF payments. A Homeowner within the scope of section 3.01 of this revenue procedure may first allocate the HAF payments to qualified expenses that are not qualified housing payment expenses before allo- cating the remaining portion of the HAF payments to qualified housing payment expenses. (2) Deduction safe harbor. For tax- able years beginning on or after Janu- ary 1, 2021, and before January 1, 2026, a Homeowner within the scope of section 3.01 of this revenue procedure may use this safe harbor to calculate the Home- owner’s itemized deduction for quali- fied mortgage interest expenses and/or qualified real property tax expenses, as applicable. The Homeowner may deduct as qualified mortgage interest expenses or qualified real property tax expenses (subject to the limitations in § 163(h)(3) (E) and § 164(b)(6)(B)) on the Home- owner’s Federal income tax return for taxable years 2021 through 2025, the lesser of: (a) The sum of all payments the Home- owner actually makes from the Home- owner’s own sources during the taxable year to the mortgage servicer; or (b) The sum of amounts shown on Form 1098, Mortgage Interest Statement, for qualified housing payment expenses. SECTION 4. INFORMATION REPORTING OBLIGATIONS .01 Information reporting by States. (1) Payments to or on behalf of Home- owners - reporting to Homeowners. Sec- tion 6041 of the Code requires every per- son engaged in a trade or business (includ- ing the United States or a State, or politi- cal subdivision thereof, or the District of Columbia, or any agency or instrumental- ity of the foregoing) to file an information return for each calendar year in which the person makes in the course of its trade or business payments to another person of fixed or determinable income aggregat- ing $600 or more, and to furnish a written statement to that person. See § 6041(a) and (d) and § 1.6041-1 of the Income Tax Regulations. Generally, such payments are reported on Form 1099-MISC, Miscel- laneous Information. Because HAF pay- ments made to or on behalf of Homeown- ers are excluded from the gross income of the Homeowners, they are not fixed or determinable income under § 6041 and information reporting for such payments is not required. (2) Payments to third parties on behalf of Homeowners – reporting to third par- ties. (a) HAF payments that are made directly to third parties on behalf of Homeowners, such as payments made to insurance companies and homeowners associations, are generally reportable to those third parties under § 6041 if they constitute fixed or determinable income to the third party and the aggregate pay- ments meet the $600 reporting threshold. Exceptions to the reporting requirements, including an exception for payments to exempt recipients such as corporations, are provided in § 1.6041-3. (b) If a State makes a HAF payment to a service provider on behalf of a Home- owner, such as for essential repairs, that payment would be reportable under § 6041A of the Code. Section 6041A requires a service-recipient engaged in a trade or business who pays a person remu- neration for services aggregating $600 or more to file a return reporting such remu- neration, and to furnish a written state- ment to that person. Generally, such pay- ments are reported on Form 1099-NEC, November 29, 2021 778 Bulletin No. 2021–48 Nonemployee Compensation. The excep- tions set forth in § 1.6041-3 apply. See Notice 2001-38, 2001-1 I.R.B. 1334 (June 11, 2001). .02. Information reporting by lender or mortgage servicer. (1) Reporting of mortgage interest received. Section 6050H(a) of the Code requires every person engaged in a trade or business to file an information return for each calendar year in which the per- son receives in the course of its trade or business payments from an individual of interest on a mortgage aggregating $600 or more. Form 1098, Mortgage Interest Statement, is used for this reporting. Sec- tion 6050H(d) further requires that a writ- ten statement be furnished to that individ- ual. The regulations provide that interest received from a governmental unit or an agency or instrumentality of a governmen- tal unit is not interest received on a mort- gage. Section 1.6050H-1(e)(3)(ii). There- fore, lenders who receive a Homeowner’s mortgage payments directly from a State should not report the interest received from the State on Form 1098 as interest received on the Homeowner’s mortgage. (2) Reporting mortgage insurance pre- miums received. Section 6050H(h) and § 1.6050H-3 also provide for the report- ing of mortgage insurance premiums treated as interest, defined in § 163(h)(3) (E), received by a person, in the course of a trade or business, from any individual. Mortgage insurance premiums treated as interest aggregating $600 or more for any calendar year, during periods to which § 163(h)(3)(E) applies, must be reported, without regard to source. See § 1.6050H- 3(b). Form 1098 is used for this reporting. (3) Information Reporting penalties. Section 6721 of the Code imposes pen- alties on a person for failing to file an information return, failing to include all required information, or including incorrect information. Section 6722 of the Code imposes penalties on a person for failing to furnish a payee statement, failing to include all required informa- tion, or including incorrect information on a payee statement. Section 6724 of the Code provides that these penalties will not be imposed if the failure is due to reasonable cause and not due to willful neglect. If a lender files and furnishes a Form 1098 that includes mortgage interest received directly from the State, thereby reporting an incorrect amount of interest on the information return, the lender will not be subject to penalties under §§ 6721 and 6722 so long as the lender notifies the Homeowner that the amounts reported on the Form 1098 are overstated because they include payments from a governmen- tal unit or an agency or instrumentality of a governmental unit, and sets forth the amount of the overstatement. Such notifi- cation to the Homeowner should be made at the time the Form 1098 is furnished or within 30 days thereafter, and can be pro- vided in a separate statement (written or electronic), or included on Form 1098 in Box 10 labeled “Other”. SECTION 5. EFFECTIVE DATE This revenue procedure is effective on November 8, 2021, and applies to quali- fied expenses paid after January 21, 2020. SECTION 6. DRAFTING INFORMATION The principal authors of this revenue procedure are Theresa Melchiorre of the Office of the Associate Chief Counsel (Income Tax & Accounting) and Nancy Rose of the Office of the Associate Chief Counsel (Procedure & Administration). For further information regarding this rev- enue procedure, contact Ms. Melchiorre at (202) 317-4643 (not a toll-free number) or for questions related to information reporting, Ms. Rose at (202) (202) 317- 5147 (not a toll-free number). Bulletin No. 2021–48 i November 29, 2021 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: 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. Distinguished describes a situation where a ruling mentions a previously pub- lished ruling and points out an essential 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 A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a 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 period of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. 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 published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspended is used in rare situations to show that the previous published rul- ings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in 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 Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. November 29, 2021 ii Bulletin No. 2021–48 Numerical Finding List 1 Bulletin 2021–48 Announcements: 2021-12, 2021-31 I.R.B. 267 2021-13, 2021-33 I.R.B. 314 2021-14, 2021-33 I.R.B. 315 AOD: 2021-4, 2021-47 I.R.B. 725 Notices: 2021-39, 2021-27 I.R.B. 3 2021-40, 2021-28 I.R.B. 15 2021-41, 2021-29 I.R.B. 17 2021-42, 2021-29 I.R.B. 19 2021-38, 2021-30 I.R.B. 155 2021-44, 2021-31 I.R.B. 166 2021-45, 2021-31 I.R.B. 170 2021-47, 2021-32 I.R.B. 269 2021-46, 2021-33 I.R.B. 303 2021-48, 2021-33 I.R.B. 305 2021-49, 2021-34 I.R.B. 316 2021-43, 2021-35 I.R.B. 332 2021-50, 2021-35 I.R.B. 333 2021-51, 2021-36 I.R.B. 361 2021-52, 2021-38 I.R.B. 381 2021-53, 2021-39 I.R.B. 438 2021-54, 2021-41 I.R.B. 457 2021-55, 2021-41 I.R.B. 461 2021-58, 2021-43 I.R.B. 660 2021-59, 2021-43 I.R.B. 664 2021-57, 2021-44 I.R.B. 706 2021-56, 2021-45 I.R.B. 716 2021-60, 2021-45 I.R.B. 719 2021-35, 2021-46 I.R.B. 723 2021-61, 2021-47 I.R.B. 738 Proposed Regulations: REG-107705-21, 2021-30 I.R.B. 162 REG-102951-16, 2021-32 I.R.B. 272 REG-109077-21, 2021-39 I.R.B. 445 REG-100718-21, 2021-42 I.R.B. 653 REG-107707-21, 2021-42 I.R.B. 657 Revenue Procedures: 2021-28, 2021-27 I.R.B. 5 2021-29, 2021-27 I.R.B. 12 2021-24, 2021-29 I.R.B. 19 2021-14, 2021-30 I.R.B. 158 2021-30, 2021-31 I.R.B. 172 2021-31, 2021-33 I.R.B. 324 2021-33, 2021-34 I.R.B. 327 Revenue Procedures:—Continued 2021-34, 2021-35 I.R.B. 337 2021-35, 2021-35 I.R.B. 355 2021-36, 2021-35 I.R.B. 357 2021-37, 2021-38 I.R.B. 385 2021-38, 2021-38 I.R.B. 425 2021-39, 2021-38 I.R.B. 426 2021-40, 2021-38 I.R.B. 426 2021-41, 2021-39 I.R.B. 443 2021-32, 2021-42 I.R.B. 465 2021-44, 2021-42 I.R.B. 469 2021-42, 2021-43 I.R.B. 666 2021-46, 2021-47 I.R.B. 740 2021-45, 2021-48 I.R.B. 764 2021-47, 2021-48 I.R.B. 775 Revenue Rulings: 2021-12, 2021-27 I.R.B. 1 2021-13, 2021-30 I.R.B. 152 2021-14, 2021-31 I.R.B. 164 2021-19, 2021-42 I.R.B. 470 2021-15, 2021-35 I.R.B. 331 2021-16, 2021-36 I.R.B. 359 2021-17, 2021-37 I.R.B. 362 2021-18, 2021-40 I.R.B. 447 2021-21, 2021-44 I.R.B. 704 2021-22, 2021-47 I.R.B. 726 Treasury Decisions: 9951, 2021-30 I.R.B. 25 9952, 2021-39 I.R.B. 428 9953, 2021-39 I.R.B. 430 9956, 2021-41 I.R.B. 449 9957, 2021-41 I.R.B. 452 9955, 2021-42 I.R.B. 471 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2021–27 through 2021–52 is in Internal Revenue Bulletin 2021–52, dated December 27, 2021. Bulletin No. 2021–48 iii November 29, 2021 Finding List of Current Actions on Previously Published Items 1 Bulletin 2021–48 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2021–27 through 2021–52 is in Internal Revenue Bulletin 2021–52, dated December 27, 2021. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available at www.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224.
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