Internal Revenue Bulletin 2024-44 (PDF rendition): IRS Revenue Procedures

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Bulletin No. 2024–44
October 28, 2024
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
Rev. Proc. 2024-33, page 1030.
General Rules and Specifications for Substitute Forms and
Schedules
This procedure provides guidelines and general require-
ments for the development, printing, and approval of the
2024 substitute tax forms. This procedure will be repro-
duced as the next revision of Publication 1167. Rev. Proc.
2023-28 is superseded.
ADMINISTRATIVE, EXEMPT
ORGANIZATIONS, INCOME TAX
REG-113628-21, page 1074.
This document contains proposed regulations regarding the
Federal tax classification of entities wholly owned by Indian
Tribal governments (Tribes). The proposed regulations would
provide that entities that are wholly owned by Tribes and
organized or incorporated exclusively under the laws of the
Tribes that own them generally are not recognized as separate
entities for Federal tax purposes. The proposed regulations
would also provide that, for purposes of making certain elec-
tive payment elections (including determining eligibility for and
the consequences of such elections) for certain energy credits
under the Inflation Reduction Act of 2022, these entities and
certain Tribal corporations chartered by the Department of the
Interior (DOI) are treated as an instrumentality of one or more
Indian Tribal governments or subdivisions thereof. This docu-
ment also requests comments and provides notice of a public
hearing on the proposed regulations that will be in addition to
Tribal consultation on the proposed regulations.
EMPLOYEE PLANS
Notice 2024-75, page 1026.
This notice expands the list of preventive care benefits
permitted to be provided by a high deductible health plan
(HDHP) under section 223(c)(2)(C) of the Internal Revenue
Code without a deductible, or with a deductible below the
applicable minimum deductible for the HDHP, to include
over-the-counter oral contraceptives (including emergency
contraceptives) and male condoms. This notice also clari-
fies that (1) all types of breast cancer screening for individ-
uals who have not been diagnosed with breast cancer are
treated as preventive care under section 223(c)(2)(C), (2)
continuous glucose monitors for individuals diagnosed with
diabetes are generally treated as preventive care under sec-
tion 223(c)(2)(C), and (3) the new safe harbor for absence of
a deductible for certain insulin products in section 223(c)(2)
(G) applies without regard to whether the insulin product is
prescribed to treat an individual diagnosed with diabetes or
prescribed for the purpose of preventing the exacerbation
of diabetes or the development of a secondary condition.
EXEMPT ORGANIZATIONS
Announcement 2024-36, page 1073.
Revocation of IRC 501(c)(3) Organizations for failure to
meet the code section requirements. Contributions made to
the organizations by individual donors are nolonger deduct-
ible under IRC 170(b)(1)(A).
INCOME TAX
Notice 2024-71, page 1026.
This notice provides a safe harbor under section 213 of the
Internal Revenue Code for amounts paid for condoms.
T.D. 9994, page 1014.
This document contains final regulations that terminate
the continued application of certain tax provisions arising
from a previous transfer of intangible property to a foreign
corporation when the intangible property is repatriated to
certain United States persons. The final regulations affect
certain United States persons that previously transferred
intangible property to a foreign corporation.
Finding Lists begin on page ii.

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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.
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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
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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
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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.
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To the extent practicable, pertinent cross references to these
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This part includes notices of proposed rulemakings, disbar-
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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.
October 28, 2024 Bulletin No. 2024–44

Part I
Sections 1.367(a)-1, 1.367(d)-1, 1.367(d)-1T, 1.367(e)-
2, 1.904-4, 1.951A-2, 1.951A-7, and 1.6038B-1
T.D. 9994
DEPARTMENT OF THE
TREASURY
Internal Revenue Service
26 CFR Part 1
Section 367(d) Rules for
Certain Repatriations of
Intangible Property
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Final rule.
SUMMARY: This document contains
final regulations that terminate the contin-
ued application of certain tax provisions
arising from a previous transfer of intan-
gible property to a foreign corporation
when the intangible property is repatriated
to certain United States persons. The final
regulations affect certain United States
persons that previously transferred intan-
gible property to a foreign corporation.
DATES: Effective date: These regulations
are effective on October 10, 2024.
Applicability date: For dates of applicabil-
ity, see §§1.367(d)-1(j)(2), 1.904-(q)(3),
1.951A-7(e), and 1.6038B-1(g)(8).
FOR FURTHER INFORMATION
CONTACT: Concerning the final regu-
lations other than §1.904-4, Brittany N.
Dobi (202) 317-6937; concerning §1.904-
4, Jeffrey L. Parry, (202) 317-6936 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
Authority
This document contains final additions
and amendments to 26 CFR part 1 (final
regulations) under section 367(d) of the
Internal Revenue Code (Code) regarding
the termination of the continued applica-
tion of certain tax provisions arising from
a previous transfer of intangible property
to a foreign corporation when the intan-
gible property is repatriated to certain
United States persons. The primary pro-
visions of the final regulations are issued
pursuant to the express delegations of
authority to the Secretary of the Treasury
(or her delegate) provided under sections
367(d) and 6038B. The provisions of the
final regulations related to foreign branch
income are issued pursuant to the express
delegations of authority provided under
sections 904(d)(2)(J) and (d)(7). The
final regulations are also issued under the
express delegation of authority under sec-
tion 7805(a).
Background
On May 3, 2023, the Department of
the Treasury (Treasury Department) and
the IRS published a notice of proposed
rulemaking (REG-124064-19) in the Fed-
eral Register (88 FR 27819) under section
367 (the proposed regulations). The pro-
posed regulations were intended to address
simple, common fact patterns involving
repatriations of intangible property by
terminating the continued application of
section 367(d) when a transferee foreign
corporation repatriates intangible property
subject to section 367(d) to a qualified
domestic person when certain reporting
requirements are satisfied. The proposed
regulations also included a rule coordinat-
ing the application of section 367(d) and
the provisions in §1.904-4(f)(2)(vi)(D) that
apply the principles of section 367(d) to
determine the appropriate amount of gross
income attributable to a foreign branch. A
“repatriation” denotes a subsequent trans-
fer of intangible property to the U.S. trans-
feror or a United States person (U.S. per-
son) related to the U.S. transferor.
Summary of Comments and
Explanation of Revisions
I. In General
Five comments were submitted on the
proposed regulations, which are available
at https://www.regulations.gov or upon
request. No public hearing on the pro-
posed regulations was requested or held.
This Summary of Comments and
Explanation of Revisions describes those
comments and the revisions made in
response to those comments. The com-
ments also made various requests for
future guidance, which the Treasury
Department and the IRS will consider
as part of a potential future rulemaking
addressing, among other things, general
issues under section 367(d).
II. Definition of Qualified Domestic
Person
A. In general
To terminate the continued application
of section 367(d) upon a repatriation of
intangible property, the proposed regula-
tions required the recipient of the intan-
gible property to be a qualified domestic
person. The proposed regulations defined
a qualified domestic person by reference
to an “initial U.S. transferor,” a “qualified
successor,” or a U.S. person that is either
an individual or “qualified corporation”
related to either the initial U.S. trans-
feror or qualified successor. See proposed
§1.367(d)-1(f)(4)(iii).
As the preamble to the proposed regu-
lations explained in part I.C of the Expla-
nation of Provisions, the definition of
qualified domestic person was based on
the principle that it is generally appropri-
ate to terminate the continued application
of section 367(d) only when all the income
produced by the intangible property during
its useful life, and all gain recognized on
a disposition of the intangible property,
will be subject to current tax in the United
States as to the qualified domestic person
while that person holds the property. See
88 FR 27819, 27824. The proposed regu-
lations further described how, in the case
of a repatriation to an initial U.S. trans-
feror, the repatriation restored the circum-
stances that existed at the time of the orig-
inal section 367(d) transfer. See Id.
B. Partnerships
The proposed regulations neither
treated a domestic partnership as a qual-
October 28, 2024 1014 Bulletin No. 2024–44

ified domestic person, nor adopted an
approach that would treat a partnership
as an aggregate of its partners (aggregate
approach) for purposes of determining
qualified domestic person status. One com-
ment suggested that the Treasury Depart-
ment and the IRS modify the definition
of qualified domestic person to include
partnerships in which all of the partners
in the partnership would themselves be
qualified domestic persons, or partner-
ships that made the original outbound
transfer of the intangible property subject
to section 367(d) when there is substantial
continuity of ownership of that partner-
ship during the period beginning on the
date of the initial section 367(d) transfer
and ending on the date of the repatriation
of the intangible property. As part of the
modification, the comment also described
various approaches for addressing the
concerns identified in the proposed regu-
lations regarding, for example, the poten-
tial for post-repatriation changes to part-
nership allocations or liquidation rights
to frustrate the purposes of the proposed
regulations if a partnership, or a partner in
the partnership, were permitted as a qual-
ified domestic person in certain cases. See
88 FR 27819, 27824 for a discussion of
those concerns. Specifically, the comment
suggested that the final regulations, in
adopting the modification, could limit its
application by requiring a specific period
after the repatriation during which the
ownership or interests in the partnership
could not change. Additionally, the com-
ment suggested that, to provide flexibil-
ity while protecting against the concerns
outlined in the proposed regulations, the
final regulations could allow the Commis-
sioner to exercise discretion at a taxpay-
er’s request to determine that a post-dis-
tribution change in the ownership of the
partnership, or in the economic rights of
the partners with respect to the intangi-
ble property, would not taint the partner-
ship’s status as a qualified domestic per-
son. Finally, the comment also described
more general, long-standing issues under
section 367(d) related to the treatment
of partnerships within the section 367(d)
regime, and ultimately suggested that res-
olution of those issues should not impede
finalizing the proposed regulations.
The final regulations do not adopt this
comment and therefore adopt the defini-
tion of qualified domestic person from the
proposed regulations without change. The
issues identified by the comment, along
with potential solutions to those issues,
were acknowledged in the preamble to the
proposed regulations, and the Treasury
Department and the IRS have determined
that the approach outlined in the proposed
regulations continues to strike the appro-
priate balance between implementing the
general purpose and scope of the proposed
regulations (ensuring that only appropri-
ate repatriations terminate the continued
application of section 367(d)) and con-
cerns regarding administrability and com-
pliance. The solutions described in the
comment, like the alternatives described
in the proposed regulations, would not
achieve this balance because the solutions
would either expand the scope of the pro-
posed regulations in an inappropriate man-
ner (that is, by expanding the basic princi-
ple upon which the proposed regulations
rests), or the solutions would, given the
relatively narrow scope of the proposed
regulations, impose an undue burden on
taxpayers and the IRS. See 88 FR 27819,
27824 (describing, with respect to the lat-
ter, an approach modeled off of the rules
in §§1.367(a)-3 and 1.367(a)-8 regarding
gain recognition agreements and noting
that approach would be “unworkable due
to the compliance and administrative bur-
den.”).
Another comment described gen-
eral, long-standing issues under sec-
tion 367(d) related to the treatment of
partnerships. These issues were gener-
ally identified in the proposed regula-
tions. See id. For example, the comment
pointed to §§1.367(a)-1T(c)(3)(i) and
1.367(d)-1T(a), which apply an aggre-
gate approach upon an initial outbound
transfer. The comment did not include any
explicit suggestion for change regarding
the proposed regulations, but the Treasury
Department and the IRS may consider
these issues as part of future rulemaking.
C. S corporations
As described in part I.A of this Sum-
mary of Comments and Explanation of
Revisions, the proposed regulations lim-
ited qualified domestic person status to
“qualified corporations” in the case of
a qualified successor or in the case of a
U.S. person related to either the initial
U.S. transferor or qualified successor. See
proposed §1.367(d)-1(f)(4)(iii). A quali-
fied corporation, in relevant part, did not
include an S corporation (as defined in
section 1361(a)). See Id.
One comment suggested that the final
regulations allow S corporations as quali-
fied corporations. The comment noted that
the shareholders of an S corporation must
generally be U.S. individuals subject to
U.S. taxation, which ensures that income
attributable to intangible property held by
an S corporation would be subject to U.S.
taxation (though the comment noted that
the limitation is not absolute, as certain
plans described in section 401(a) may be
shareholders of an S corporation).
Section 512(e)(3) excludes a non-in-
dividual shareholder that is an employee
stock ownership plan (ESOP) (as defined
in section 4975(e)(7) from the scope of
section 512(e)(1), which provides that, in
the case of certain non-individual share-
holders of the S corporation, any item of
income, gain, loss, or deduction, and any
gain or loss on the disposition of stock in
the S corporation, is taken into account by
such non-individual shareholders as unre-
lated business taxable income (UBTI). As
a result, the pro rata share of an S corpora-
tion’s items of income taken into account
by an ESOP shareholder is not subject to
current taxation as UBTI. As noted in part
I.A of this Summary of Comments and
Explanation of Revisions, a principle for
the definition of qualified domestic per-
son is that termination of the continued
application of section 367(d) should occur
only when all the income produced by the
intangible property, as well as gain rec-
ognized on a disposition of the intangible
property, is subject to current tax in the
United States. In the case of an S corpora-
tion, that result is not guaranteed.
The final regulations, therefore, do not
adopt this comment and retain the defini-
tion of qualified domestic person from the
proposed regulations without change. The
Treasury Department and the IRS consid-
ered alternative approaches to address this
comment – such as an aggregate approach,
with prohibitions applicable to S corpo-
ration shareholders that are ESOPs – but
determined that such approaches were
effectively unworkable due to the compli-
ance and administrative burden discussed
Bulletin No. 2024–44 1015 October 28, 2024

October 28, 2024 1016 Bulletin No. 2024–44
in part II.B of this Summary of Comment
and Explanation of Revisions in connec-
tion with the comment on partnerships.
III. Qualified Domestic Person’s Adjusted
Basis in Repatriated Intangible Property
Proposed §1.367(d)-1(f)(4)(iv) pro-
vided rules regarding a qualified domestic
person’s adjusted basis in the intangible
property it receives in a repatriation. The
proposed regulations described how these
rules were intended to achieve an appro-
priate result regarding a qualified domes-
tic person’s adjusted basis in intangible
property upon a repatriation, but that gen-
eral rules regarding adjusted basis under
section 367(d) (and not in the context of
a repatriation of intangible property to
a qualified domestic person) would be
addressed in future rulemaking. See 88 FR
27819, 27824, and 27825.
One comment described how existing
uncertainty regarding the treatment of
adjusted basis of intangible property sub-
ject to section 367(d) may be implicated
when that intangible property is repatri-
ated. The comment noted that any solu-
tion would necessarily represent a broad
solution to existing section 367(d) issues,
instead of one limited to the proposed reg-
ulations, so the comment recommended
the Treasury Department and the IRS
address this issue in future rulemaking.
Another comment suggested that, when
a transferee foreign corporation incurs
expenditures with respect to repatriated
intangible property after the initial out-
bound transfer, proposed §1.367(d)-1(f)
(4)(iv) should be modified to allow a qual-
ified domestic person’s adjusted basis in
repatriated intangible property to reflect
those expenditures, reduced by any attrib-
utable amortization allowed or allowable
to the transferee foreign corporation.
As noted in the proposed regulations,
proposed §1.367(d)-1(f)(4)(iv) operated
“in a manner intended to reach an appro-
priate result regarding a qualified domes-
tic person’s basis in repatriated intangi-
ble property” until future rulemaking is
issued that can address general basis rules
under section 367(d). See id. The Treasury
Department and the IRS, in agreement
with the first comment, continue to believe
that any resolution of these issues nec-
essarily implicates broader issues under
section 367(d) and, as such, is beyond
the scope of this rulemaking. Proposed
§1.367(d)-1(f)(4)(iv) is therefore final-
ized without change, though the Treasury
Department and the IRS may revisit these
issues as part of future rulemaking.
IV. Required Adjustments Related to an
Annual Section 367(d) Inclusion
The proposed regulations provided that
the deemed annual payment under section
367(d) by the transferee foreign corpora-
tion is treated as an allowable deduction
that must be allocated and apportioned
to the transferee foreign corporation’s
classes of gross income in accordance with
§§1.882-4(b)(1), 1.954-1(c), and 1.960-
1(c) and (d) (as applicable). See proposed
§1.367(d)-1(c)(2)(ii) and (e)(2)(ii). These
provisions, described as “minor clarifi-
cations” in the preamble to the proposed
regulations, clarified “that the allowable
deduction is allocated and apportioned
under the provisions cited in the previ-
ous sentence potentially to any class (or
classes) of gross income (as appropriate)
rather than solely to gross income subject
to subpart F in all circumstances.” See 88
FR 27819, 27822, and 27825.
One comment suggested that the
proposed regulations were unclear as
to whether the allowable deduction
described in proposed §1.367(d)-1(c)(2)
(ii) and (e)(2)(ii) was limited to the listed
provisions (§§1.882-4(b)(1), 1.954-1(c),
and 1.960-1(c) and (d)) or whether such
deduction was more generally available
(for example, as a deduction under sec-
tion 162). The comment posited that the
latter approach was more appropriate and
requested that the final regulations clar-
ify that the allowable deduction may be
allowed as a deduction under section 162.
In support, the comment described how,
in the case of certain transfers of intangi-
ble property to a U.S. person that is not
a qualified domestic person, “excessive
U.S. taxation” could result if the allow-
able deduction were limited to the listed
provisions, which are provisions relevant
to determinations with respect to foreign
corporations.
The final regulations do not adopt this
comment. The proposed regulations ter-
minated the continued application of sec-
tion 367(d) upon certain, rather than all,
subsequent transfers of intangible prop-
erty to a U.S. person (that is, upon a repa-
triation to a qualified domestic person if
certain reporting requirements are met).
See 88 FR 27819,27821, and 27822. The
comment, if adopted, would effectively
terminate the continued application of
section 367(d) by, for example, providing
a deduction under section 162 correspond-
ing to each annual inclusion under section
367(d). Indeed, as the proposed regula-
tions explained, the solution contained in
the proposed regulations was premised, in
relevant part, on the fact that “the deemed
(substituted) transferee foreign corpora-
tion is not allowed a deduction that could
reduce taxable income, even though that
deemed transferee foreign corporation is
the U.S. transferor or a related U.S. per-
son.” See id. Thus, a fundamental premise
underlying the proposed regulations, and
the existing section 367(d) regulations,
is that an allowable deduction, instead
of being generally available, is limited
to the provisions listed in the proposed
regulations (§§1.882-4(b)(1), 1.954-1(c),
and 1.960-1(c) and (d)). To adopt the
comment’s suggestion would therefore be
inconsistent with the proposed regulations
and section 367(d) generally.
The comment also suggested that,
when a subsequent transfer of intangible
property results in treating the same entity
as U.S. transferor and transferee foreign
corporation under the section 367(d)
regulations, the continued application of
section 367(d) should terminate by rea-
son of that convergence. As support, the
comment cited to a case and guidance
involving circumstances in which a tax-
payer acquired its own debt. The Treasury
Department and the IRS do not agree with
this suggestion for the reasons described
in the preceding paragraph, and references
to cases or guidance involving a taxpayer
acquiring its own debt are not instructive
for, nor consistent with, the statutory and
regulatory framework of section 367(d).
Section 367(d) relies upon a statutory
fiction that imposes a notional regime
with a prescribed payor and payee, and
the regulations describe cases in which a
successor succeeds to the notional pay-
ment on both sides of the construct. For
example, §1.367(d)-1T(e)(1) provides
that a related person can succeed an ini-
tial U.S. transferor for purposes of includ-

Bulletin No. 2024–44 1017 October 28, 2024
ing income under section 367(d), and
§1.367(d)-1T(f)(3) provides that a related
person can succeed to the payor side of
the deemed payment fiction. Where intan-
gible property is returned to the original
U.S. transferor, that U.S. transferor is also
the successor transferee under the statu-
tory and regulatory framework of section
367(d), and, under the express language
of §1.367(d)-1T(f)(3), the annual inclu-
sion under section 367(d) continues. This
is precisely the issue the proposed regula-
tions were intended to address, and new
regulations providing a rule for terminat-
ing an annual inclusion stream would have
been largely unnecessary if the deemed
payment construct collapsed automati-
cally in such cases. Instead, this Treasury
Decision provides the exclusive means by
which the continued application of section
367(d) may be terminated by reason of a
subsequent transfer of intangible property
to a U.S. person.
V. Multiple Transfers Before Repatriation
One comment suggested changes to
the proposed regulations to accommo-
date repatriations preceded by certain
transfers of intangible property subject
to section 367(d) between related foreign
corporations. To illustrate this suggestion,
the comment posited an example pursu-
ant to which a repatriation was first pre-
ceded by a distribution under section 311
of the intangible property (first section
311 distribution) from one CFC (original
transferee foreign corporation, or TFC) to
another CFC (successor TFC). The suc-
cessor TFC then distributes the intangible
property under section 311 to a qualified
domestic person (second 311 distribution)
in a transaction with respect to which the
successor TFC did not recognize gain
or loss (under the theory that successor
TFC’s adjusted basis in the intangible
property equaled the intangible property’s
fair market value).
On those modified facts, the comment
described how the original TFC could
recognize gain subject to U.S. taxation
by reason of the first section 311 distribu-
tion (not under section 367(d), but rather
under, for example, section 951A(a) as to
a United States shareholder), and the qual-
ified domestic person could recognize that
same amount of gain upon the repatriation
after the second 311 distribution under the
proposed regulations (by reason of the
application of the gain recognition rule in
proposed §1.367(d)-1(f)(4)(ii)(B), under
which gain is determined by reference
to the U.S. transferor’s former adjusted
basis in the property). And, because the
successor TFC is the TFC at the time of
the repatriation (that is, at the time of
the second section 311 distribution), the
required adjustments described in pro-
posed §1.367(d)-1(f)(2) would apply by
reference to the successor TFC, which did
not recognize gain or loss on the repatri-
ation under the theory described above,
rather than to the original TFC, which
recognized gain on the first section 311
distribution. To address this concern, the
comment suggested modifying the pro-
posed regulations in a manner that would
effectively negate a prior transfer that was
subject to tax under a separate regime (for
example, section 951A).
The example provided in the comment
highlights significant potential interactions
between the operation of section 367(d)
and other generally operative provisions
in the Code and regulations. For example,
§1.367(d)-1T(f)(3) explicitly provides
that the ongoing annual royalty construct
is unaffected by the taxable distribution of
intangible property from the original TFC
to the successor TFC in the first section
311 distribution, and §1.367(d)-1T(d)(1)
and (f)(1) are clear that the amount of
income recognized by the U.S. transferor
upon a later indirect or direct disposition
of intangible property to an unrelated per-
son is determined using the transferor’s
original basis in the property. However,
the distribution of the intangible property
from the original TFC to the successor
TFC described in the comment’s example
might result in taxable gain to the origi-
nal TFC that would be treated as tested
income under section 951A, notwith-
standing the lack of an acceleration of
income under section 367(d). Similarly,
the successor TFC might take the intangi-
ble property with a fair market value basis
under section 301(d), even though that
increased basis would not be available to
reduce gain under section 367(d). Essen-
tially, the example posited in the comment
highlights that it may be possible to rec-
ognize income under both sections 951A
and 367(d) with respect to the same prop-
erty in some fact patterns where separate
transactions occur in separate foreign cor-
porations, notwithstanding that that result
would not occur in cases where the prop-
erty is not transferred among multiple for-
eign corporations. Coordinating potential
disparities between income recognition
under section 367(d) as compared to other
generally applicable provisions of the
Code, and potential disparities in tax basis
for purposes of section 367(d) as compared
to adjusted basis for other purposes, is
beyond the scope of this rulemaking. The
request for additional guidance addressing
multiple related transfers, therefore, is not
adopted.
VI. Reporting
As a condition for terminating the
application of section 367(d) with respect
to repatriated intangible property, pro-
posed §1.367(d)-1(f)(4)(i)(B) would
have required a U.S. transferor to provide
the information described in proposed
§1.6038B-1(d)(2)(iv). If a U.S. trans-
feror failed to provide that information,
the repatriation was subject to proposed
§1.367(d)-1(f)(3) such that the section
367(d) regulations, including the require-
ment to take an annual inclusion into
account over the useful life of the intangi-
ble property, continued to apply. However,
a U.S. transferor was eligible for relief
under the proposed regulations if pro-
posed §1.367(d)-1(f)(4)(i)(B)(2) would
have applied to the subsequent transfer
of intangible property but for the fact that
the required information was not provided
and the U.S. transferor, upon becoming
aware of the failure, promptly provided
the required information, explained its
failure to comply, and met certain other
requirements (if applicable).
One comment requested clarifications
of the reporting and relief provisions.
First, the comment requested that the final
regulations clarify whether relief for a
failure to comply is, in relevant part, also
conditioned on the U.S. transferor timely
filing one or more amended returns for
the taxable year in which the subsequent
transfer occurred and succeeding years,
and, if the U.S. transferor is under exam-
ination when an amended return is filed,
providing a copy of the amended return(s)
to the IRS personnel conducting the exam-

October 28, 2024 1018 Bulletin No. 2024–44
ination. The Treasury Department and the
IRS adopt this comment by revising of
§1.367(d)-1(f)(5) to clarify that the relief
for a failure to comply is conditioned upon
the requirements listed in the previous
sentence (if applicable).
The comment also requested that the
Treasury Department and the IRS con-
sider prescribing in the future a particular
form for filing the required information
under proposed §1.367(d)-1(f)(5). The
Treasury Department and the IRS will
consider prescribing a particular form as
part of future improvements to reporting
with respect to section 367(d) generally.
However, to provide taxpayers with addi-
tional guidance on the manner for pro-
viding a U.S. transferor’s explanation for
its failure to comply to the IRS, the final
regulations provide an eFax number for
such purpose (and, if a taxable year of
the U.S. transferor is under examination,
that information should instead be pro-
vided to the IRS personnel conducting
the examination).
Finally, the comment suggested clari-
fications or modifications to the require-
ments in proposed §1.367(d)-1(f)(5) that
a U.S. transferor “promptly” address
its failure to file and to the way the U.S.
transferor provides the remedial informa-
tion (that is, to the Director of Field Oper-
ations, Cross Border Activities Practice
Area of Large Business & International,
or any successor to that role). The com-
ment suggested that “promptly” does not
provide sufficient guidance to taxpay-
ers (the comment requested a prescribed
period) and the comment asserted that it
is unusual for regulations to require a tax-
payer to provide information directly to a
specified official within the IRS. The final
regulations do not adopt these suggestions.
The Treasury Department and the IRS
believe that “promptly” requiring the U.S.
transferor to address its failure to comply,
rather than providing a specific period,
allows flexibility so that the relief may
apply as appropriate to a taxpayer’s partic-
ular facts and circumstances. Additionally,
proposed §1.367(d)-1(f)(5) is modeled
on similar relief provisions in other con-
texts (for example, §§1.367(a)-8(p) and
1.721(c)-6(f)).
The Treasury Department and the
IRS clarify proposed §1.367(d)-1(f)(5)
by striking the last clause that appeared
in the second sentence. That sentence
described the consequences of a failure
to comply, namely the continued appli-
cation of the annual inclusion stream
pursuant to proposed §1.367(d)-1(f)(3)
and application of the gain recognition
rule of proposed §1.367(d)-1(f)(4)(i)
(A). If the failure to comply is remedied,
the rules of the proposed regulations are
treated as satisfied as of the date of the
repatriation (so, the repatriation termi-
nates the continued application of section
367(d) and the U.S. transferor, if appli-
cable, would take a partial annual inclu-
sion into account pursuant to proposed
§1.367(d)-1(f)(4)(i)(B)(1)).
VII. Clarification to Example 3
Proposed §1.367(d)-1(f)(6)(ii)(C)
(Example 3) illustrated the determination
of a qualified domestic person’s adjusted
basis in intangible property under the
proposed regulations. In that example,
TFC transferred the intangible property
to USS (a qualified domestic person as
defined in proposed §1.367(d)-1(f)(4)
(iii)) in an exchange described in section
351(b) pursuant to which TFC recognized
$50x of gain and USP recognized $50x
of gain under proposed §1.367(d)-1(f)
(4)(i)(A). The analysis under proposed
§1.367(d)-1(f)(6)(ii)(C)(2) was, and
remains in this Treasury decision, limited
to the determination of USS’s adjusted
basis in the intangible property.
One comment requested, in relevant
part, that the final regulations clarify that
TFC’s earnings and profits and gross
income arising by reason of the repa-
triation are reduced by the amount of
gain recognized by USP under proposed
§1.367(d)-1(f)(4)(i)(A) ($50x). The Trea-
sury and the IRS adopt the comment by
clarifying in the facts of the example
that, under §1.367(d)-1(f)(2)(i), TFC
will reduce its earnings and profits and
gross income by $50x, the amount aris-
ing by reason of the repatriation and the
amount of gain recognized by USP under
§1.367(d)-1(f)(4)(i)(A).
VIII. Section 904(d) Foreign Branch
Income Rules
Proposed §1.904-4(f)(2)(vi)(D)(4)
described the application of the prin-
ciples of section 367(d) to subsequent
transfers of intangible property in deter-
mining adjustments to the amount of
gross income attributable to a foreign
branch under §1.904-4(f)(2)(vi)(D).
Specifically, the proposed regulations
would have provided that each transfer
to which §1.904-4(f)(2)(vi)(D) applies is
considered independently from any other
preceding or subsequent transfer of the
intangible property, with the result that
the subsequent transfer rules in the reg-
ulations under section 367(d), including
the rules for repatriations provided in
the proposed regulations, do not apply
in determining gross income attributable
to a foreign branch under §1.904-4(f)(2)
(vi)(D). See 88 FR 27819, 27825, and
27826.
One comment requested that the Trea-
sury Department and the IRS finalize the
provisions of the proposed regulations
without finalizing proposed §1.904-4(f)
(2)(vi)(D)(4). The comment suggested
that such an approach could allow for fur-
ther consideration of ways to simplify the
application of section 367(d) principles in
§1.904-4(f)(2)(vi)(D). The comment sug-
gested that instead of finalizing proposed
§1.904-4(f)(2)(vi)(D)(4), that provision
could be adopted as a temporary regula-
tion, or alternatively, this preamble could
state that, until the implementation of final
regulations addressing this issue, the Trea-
sury Department and the IRS intend that
rules related to section 367(d) and subse-
quent transfer will not apply for purposes
of section 904(d).
A broader reconsideration of the
application of section 367(d) princi-
ples in §1.904-4(f)(2)(vi)(D) is beyond
the scope of these final regulations. The
Treasury Department and the IRS believe
it is necessary to finalize proposed
§1.904-4(f)(2)(vi)(D)(4) to ensure the
proper application of the foreign branch
income rules under §1.904-4(f)(2)(vi)
(D) as those rules currently stand. This is
because, as explained in the preamble to
the proposed regulations, while §1.904-
4(f)(2)(vi)(D) relies on the principles of
section 367(d) to determine the appropri-
ate amount of gross income that is attrib-
utable to a foreign branch, the purposes
of section 367(d) and §1.904-4(f)(2)
(vi)(D) are different. See 88 FR 27819,
27825 (providing that, with respect to

Bulletin No. 2024–44 1019 October 28, 2024
§1.904-4(f)(2)(vi)(D), “[i]f there are
multiple transfers of an item of intangible
property over time, each transfer must be
separately evaluated and could result in
differing amounts of deemed annual pay-
ments depending on any interim changes
in the value of the intangible property
between successive transfers...these
proposed regulations provide that each
successive transfer to which §1.904-4(f)
(2)(vi)(D) applies is considered inde-
pendently from any other preceding or
subsequent transfers.”). Accordingly, the
final regulations do not adopt this com-
ment and proposed §1.904-4(f)(2)(vi)(D)
is finalized without change.
IX. Applicability Dates
The proposed regulations were gener-
ally proposed to apply to subsequent dis-
positions of intangible property occurring
on or after the date of publication of the
Treasury decision adopting these rules as
final regulations in the Federal Register.
See proposed §§1.367(d)-1(j)(2), 1.904-
4(q)(3), and 1.6038B-1(g). Comments
recommended that the proposed regula-
tions apply retroactively.
The Treasury Department and the IRS
generally consider several factors when
evaluating whether a rule should apply
retroactively on an elective basis. For
example, and as relevant to the proposed
regulations, retroactive application may
be more compelling where the regulations
are issued with respect to new legislation,
or where retroactive application is neces-
sary to achieve certain policy objectives.
The Treasury Department and the IRS
also evaluate the additional administrative
burden likely to result from retroactive
application. Finally, where the regula-
tions represent a change in existing regu-
lations, consideration is given to whether
retroactive application could advantage
certain taxpayers over similarly situated
taxpayers, based on whether the relevant
taxable year remains open for the taxpayer
to amend their return to take advantage of
the change. The Treasury Department and
the IRS have determined that, on balance,
these factors, though not representing an
exhaustive list of factors, weigh against
permitting the retroactive application of
the final regulations and therefore do not
adopt these comments.
Special Analyses
I. Regulatory Planning and Review –
Economic Analysis
Pursuant to the Memorandum of
Agreement, Review of Treasury Regula-
tions under Executive Order 12866 (June
9, 2023), tax regulatory actions issued by
the IRS are not subject to the requirements
of section 6 of Executive Order 12866, as
amended. Therefore, a regulatory impact
assessment is not required.
II. Paperwork Reduction Act
The collection of information contained
in these regulations has been reviewed and
approved by the Office of Management and
Budget in accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507(d))
under control number 1545–0026. The col-
lection of information in these final regula-
tions is in §1.6038B-1(d)(2)(iv). This infor-
mation is necessary to ensure that proposed
§1.367(d)-1(f)(4) is appropriately applied
to the subsequent transfer. The collection
of information is required to comply with
section 367(d). The likely respondents are
domestic corporations. Burdens associated
with these requirements will be reflected in
the burden for Form 926, Return by a U.S.
Transferor of Property to a Foreign Cor-
poration.
Estimated total annual reporting bur-
den is 1,601 hours.
Estimated average annual burden per
respondent is 2.4 hours.
Estimated number of respondents is
667.
An agency may not conduct or sponsor,
and a person is not required to respond to,
a collection of information unless it dis-
plays a valid control number assigned by
the Office of Management and Budget.
Books or records relating to a collection
of information must be retained if their
contents may become material in the
administration of any Internal Revenue
law. Generally, tax returns and tax return
information are confidential, as required
by section 6103.
III. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. chapter 6), it is hereby cer-
tified that these final regulations will not
have a significant economic impact on a
substantial number of small entities.
The Treasury Department and the IRS
do not have data readily available to assess
the number of small entities potentially
affected by the final regulations. However,
entities potentially affected by these pro-
posed regulations are generally not small
entities, because of the resources and
investment necessary to develop intan-
gible property and, once so developed,
transfer the intangible property to a for-
eign corporation. Therefore, the Treasury
Department and the IRS have determined
that there will not be a substantial number
of domestic small entities affected by the
final regulations. Consequently, the Trea-
sury Department and the IRS certify that
the final regulations will not have a sig-
nificant economic impact on a substantial
number of small entities.
IV. Section 7805(f)
Pursuant to section 7805(f) of the Code,
the proposed regulations (REG-113839-
22) preceding these final regulations were
submitted to the Chief Counsel for Advo-
cacy of the Small Business Administration
for comment on its impact on small busi-
ness, and no comments were received.
V. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandates
Reform Act of 1995 requires that agencies
assess anticipated costs and benefits and
take certain other actions before issuing a
final rule that includes any Federal man-
date that may result in expenditures in
any one year by a State, local, or Tribal
government, in the aggregate, or by the
private sector, of $100 million in 1995
dollars, updated annually for inflation.
These final regulations do not include any
Federal mandate that may result in expen-
ditures by State, local, or Tribal govern-
ments, or by the private sector in excess of
that threshold.
VI. Executive Order 13132: Federalism
Executive Order 13132 (entitled
“Federalism”) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes sub-

October 28, 2024 1020 Bulletin No. 2024–44
stantial, direct compliance costs on State
and local governments, and is not required
by statute, or preempts State law, unless
the agency meets the consultation and
funding requirements of section 6 of the
Executive order. These final regulations
do not have federalism implications and
do not impose substantial direct compli-
ance costs on State and local governments
or preempt State law within the meaning
of the Executive order.
Drafting Information
The principal author of these regula-
tions is Brittany N. Dobi, of the Office of
Associate Chief Counsel (International).
However, other personnel from the Trea-
sury Department and the IRS participated
in their development.
List of Subjects in 26 CFR Part 1
Income Taxes, Reporting and record-
keeping requirements.
Adoption of Amendments to the
Regulations
Accordingly, the Treasury Department
and the IRS amend 26 CFR part 1 as fol-
lows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read in part as fol-
lows:
Authority: 26 U.S.C. 7805 * * *
* * * * *
Section 1.367(d)-1 also issued under
26 U.S.C. 367(d).
* * * * *
§1.367(a)-1 [Amended]
Par. 2. Section 1.367(a)-1 is amended
by removing the language “section 936(h)
(3)(B)” in paragraphs (d)(5) and (6) and
adding the language “section 367(d)(4)”
in its place.
Par. 3. Section 1.367(d)-1 is amended
by:
a. Removing reserved paragraphs (c)
(1) through (2).
b. Adding paragraph (c) heading and
paragraphs (c)(1) and (2).
c. Removing reserved paragraphs (c)
(4) through (g)(2) (introductory text).
d. Adding paragraphs (c)(4) and (d)
through (f).
e. Removing paragraph (g)(2)(i),
reserved paragraphs (g)(2)(ii) through (iii)
(D), paragraph (g)(2)(iii)(E), and reserved
paragraph (g)(2)(iii) undesignated con-
cluding paragraph.
f. Adding paragraph (g) heading and
paragraphs (g)(1) and (2).
g. Removing reserved paragraphs (g)
(4) through (i).
h. Adding paragraphs (g)(4) through
(6), (h), and (i).
i. Revising paragraph (j).
The additions and revision read as fol-
lows:
§1.367(d)-1 Transfers of intangible
property to foreign corporations.
* * * * *
(c) Deemed payments upon transfer of
intangible property to foreign corpora-
tion—(1) In general. For further guidance,
see §1.367(d)-1T(c)(1).
(2) Required adjustments. For further
guidance, see §1.367(d)-1T(c)(2) intro-
ductory text and (c)(2)(i).
(i) [Reserved]
(ii) The deemed payment is treated as
an allowable deduction (whether or not
that amount is paid) of the transferee for-
eign corporation properly allocated and
apportioned to the appropriate classes of
gross income in accordance with §§1.882-
4(b)(1), 1.951A-2(c)(3), 1.954-1(c), and
1.960-1(c) and(d), as applicable.
* * * * *
(4) Blocked income. For further guid-
ance, see §1.367(d)-1T(c)(4).
(d) Subsequent transfer of stock of
transferee corporation to unrelated person.
For further guidance, see §1.367(d)-1T(d).
(e) Subsequent transfer of stock of
transferee foreign corporation to related
person—(1) Transfer to related U.S.
person treated as disposition of intangi-
ble property. For further guidance, see
§1.367(d)-1T(e)(1).
(2) Required adjustments. For further
guidance, see §1.367(d)-1T(e)(2) intro-
ductory text and (e)(2)(i).
(i) [Reserved]
(ii) The deemed payment is treated as
an allowable deduction (whether or not
that amount is paid) of the transferee for-
eign corporation properly allocated and
apportioned to the appropriate classes of
gross income in accordance with §§1.882-
4(b)(1), 1.951A-2(c)(3), 1.954-1(c), and
1.960-1(c) and(d), as applicable.
(iii) For further guidance, see
§1.367(d)-1T(e)(2)(iii) through (e)(4).
(iv) [Reserved]
(3) through (4) [Reserved]
(f) Subsequent disposition of trans-
ferred intangible property by transferee
foreign corporation—(1) In general. For
further guidance, see §1.367(d)-1T(f)(1).
(2) Required adjustments. If a U.S.
transferor is required to recognize gain
under paragraph (f)(4)(i)(A) of this section
or §1.367(d)-1T(f)(1), then, in addition to
the adjustments described in paragraph (c)
(2)(ii) of this section and §1.367(d)-1T(c)
(2) with respect to the deemed payment
described in §1.367(d)-1T(f)(1)(ii)—
(i) For purposes of chapter 1 of the
Code, the transferee foreign corporation
reduces (but not below zero) the portion of
its earnings and profits and gross income
arising by reason of the subsequent dis-
position of the intangible property by the
amount of gain recognized by the U.S.
transferor under paragraph (f)(4)(i)(A) of
this section or §1.367(d)-1T(f)(1); and
(ii) The U.S. transferor may establish
an account receivable from the transferee
foreign corporation equal to the amount of
gain recognized under paragraph (f)(4)(i)
(A) of this section or §1.367(d)-1T(f)(1)
in accordance with §1.367(d)-1T(g)(1).
(3) Subsequent transfer of intangi-
ble property to related person. Except as
provided in paragraph (f)(4)(i)(B) of this
section, a U.S. person’s requirement to
recognize income under §1.367(d)-1T(c)
or (e) is not affected by the transferee
foreign corporation’s subsequent disposi-
tion of the transferred intangible property
to a related person. For purposes of any
required adjustments, and of any accounts
receivable created under §1.367(d)-1T(g)
(1), the related person that receives the
intangible property is treated as the trans-
feree foreign corporation.
(4) Subsequent transfer of intangible
property to qualified domestic person—(i)
In general. Except as provided in para-
graph (f)(4)(v) of this section, if a U.S.
person transfers intangible property sub-
ject to section 367(d) and the rules of this

Bulletin No. 2024–44 1021 October 28, 2024
section and §1.367(d)-1T to a foreign cor-
poration in an exchange described in sec-
tion 351 or 361 and, within the useful life
of the intangible property, that transferee
foreign corporation subsequently disposes
of the intangible property to a qualified
domestic person, then—
(A) The U.S. transferor of the intan-
gible property (or any person treated as
such pursuant to §1.367(d)-1T(e)(1)) is
required to recognize gain, as applicable,
equal to the amount described in para-
graph (f)(4)(ii) of this section; and
(B) If the U.S. transferor provides the
information described in §1.6038B-1(d)
(2)(iv), then—
(1) The U.S. transferor is required to
recognize a deemed payment as provided
in §1.367(d)-1T(f)(1)(ii); and
(2) The intangible property is no longer
subject to section 367(d), this section, or
§1.367(d)-1T after applying paragraphs
(f)(4)(i)(A) and (f)(4)(i)(B)(1) of this sec-
tion.
(ii) Gain recognition for U.S. trans-
feror. The amount of gain a U.S. trans-
feror must recognize under paragraph (f)
(4)(i)(A) of this section is determined as
follows—
(A) If the intangible property is trans-
ferred basis property (as defined in sec-
tion 7701(a)(43)) by reason of the sub-
sequent disposition (determined without
regard to section 367(d), this section,
and §1.367(d)-1T), the amount of gain,
if any, the transferee foreign corporation
would recognize if its adjusted basis in the
intangible property were equal to the U.S.
transferor’s former adjusted basis in the
property; or
(B) If the intangible property is not
transferred basis property by reason of the
subsequent disposition (determined with-
out regard to section 367(d), this section,
and §1.367(d)-1T), the excess, if any, of
the fair market value of the intangible
property on the date of the subsequent dis-
position over the U.S. transferor’s former
adjusted basis in that property.
(iii) Qualified domestic person. For
purposes of this paragraph (f)(4), a qual-
ified domestic person means—
(A) The U.S. transferor that initially
transferred intangible property subject to
section 367(d).
(B) A U.S. person treated as a U.S.
transferor under §1.367(d)-1T(e)(1),
provided such person is an individual or
a corporation other than a corporation
exempt from tax under section 501(a), a
regulated investment company (as defined
in section 851(a)), a real estate invest-
ment trust (as defined in section 856(a)),
a DISC (as defined in section 992(a)(1)),
or an S corporation (as defined in section
1361(a));
(C) A U.S. person that is an indi-
vidual related, within the meaning of
paragraph (h)(2)(ii) of this section and
§1.367(d)-1T(h), to the person described
in paragraph (f)(4)(iii)(A) or (B) of this
section; or
(D) A U.S. person that is a corpo-
ration related, within the meaning of
paragraph (h)(2)(ii) of this section and
§1.367(d)-1T(h), to the person described
in paragraph (f)(4)(iii)(A) or (B) of this
section, other than a corporation exempt
from tax under section 501(a), a regulated
investment company (as defined in sec-
tion 851(a)), a real estate investment trust
(as defined in section 856(a)), a DISC (as
defined in section 992(a)(1)), or an S cor-
poration (as defined in section 1361(a)).
(iv) Qualified domestic person’s basis
in the intangible property. The qualified
domestic person’s adjusted basis in the
intangible property is—
(A) In the case of a subsequent dispo-
sition of intangible property described in
paragraph (f)(4)(ii)(A) of this section, and
subject to any applicable limitations that
may apply under the Code, the lesser of
the U.S. transferor’s former adjusted basis
in the intangible property or the transferee
foreign corporation’s adjusted basis in the
intangible property (as determined imme-
diately before the subsequent disposition),
in each case increased by the greater of
the amount of gain (if any) described in
paragraph (f)(4)(ii)(A) of this section and
recognized by the U.S. transferor or the
amount of gain (if any) recognized by the
transferee foreign corporation as to the
intangible property by reason of the sub-
sequent disposition; or
(B) In the case of a subsequent dispo-
sition of intangible property described in
paragraph (f)(4)(ii)(B) of this section, the
fair market value of the intangible prop-
erty (as determined on the date of the sub-
sequent disposition).
(v) Special rule for related transac-
tions. If the transferee foreign corporation
subsequently disposes of the transferred
intangible property to a person that would,
absent this paragraph (f)(4)(v), be a qual-
ified domestic person (initial transferee)
and, as part of a series of related trans-
actions, the intangible property is subse-
quently disposed of to any other person,
including by reason of multiple disposi-
tions, then the initial transferee is treated
as a qualified domestic person only if the
ultimate recipient of the intangible prop-
erty is a qualified domestic person. See
paragraphs (f)(6)(ii)(D) and (E) of this
section (Examples 4 and 5) for illustra-
tions of the application of this paragraph
(f)(4)(v).
(5) Relief for certain failures to com-
ply. This paragraph (f)(5) provides relief
if paragraph (f)(4)(i)(B)(2) of this section
would apply but for the U.S. transferor’s
failure to provide the information required
by paragraph (f)(4)(i)(B) of this section
(a “failure to comply”). When a failure to
comply occurs, the subsequent disposition
of the transferred intangible property is
generally subject to paragraphs (f)(3) and
(f)(4)(i)(A) of this section. Nevertheless,
a failure to comply is deemed not to have
occurred (regardless of whether the U.S.
transferor continued to include amounts
in gross income under §1.367(d)-1T(c) or
(e) after the subsequent disposition), and
the requirements of paragraph (f)(4)(i)(B)
of this section are treated as satisfied as of
the date of the subsequent disposition if—
(i) Promptly after the U.S. transferor
becomes aware of the failure, the U.S.
transferor provides such information and
provides a reasonable explanation for its
failure to comply to the Director of Field
Operations, Cross Border Activities Prac-
tice Area of Large Business & Interna-
tional (or any successor to the roles and
responsibilities of such position, as appro-
priate), by eFax at (855) 582-4842 (or as
otherwise directed on irs.gov), or, if any
taxable year of the U.S. transferor is under
examination when the discovery is made,
to the Internal Revenue Service personnel
conducting the examination;
(ii) The U.S. transferor timely files an
amended return for the taxable year in
which the subsequent disposition occurred
(and, if applicable, for each taxable year
starting with the taxable year immediately
after the taxable year in which the sub-
sequent disposition occurred and ending

October 28, 2024 1022 Bulletin No. 2024–44
with the taxable year in which the U.S.
transferor seeks relief under this para-
graph (f)(5)) that includes the information
required by paragraph (f)(4)(i)(B) of this
section; and
(iii) If any taxable year of the U.S.
transferor is under examination when an
amended return is filed, the U.S. transferor
provides a copy of the amended return
(or, if applicable, amended returns) to the
Internal Revenue Service personnel con-
ducting the examination.
(6) Examples—(i) Assumed facts. For
purposes of the examples in paragraph (f)
(6)(ii) of this section, and except where
otherwise indicated, the following facts
are assumed.
(A) USP and USS are domestic cor-
porations that each use a calendar taxable
year.
(B) TFC is a foreign corporation whose
functional currency is the U.S. dollar.
(C) In year 1, USP transfers intangible
property, as defined in section 367(d)(4),
with a $0 adjusted basis, to TFC in a sec-
tion 351 exchange (the transferred IP), and
such transfer is subject to section 367(d).
(D) Each annual inclusion (including
any amount described in §1.367(d)-1T(f)
(1)(ii)) is taken into account under section
367(d)(2)(A)(ii)(I) and §1.367(d)-1T(c)
(1).
(E) Any subsequent transfer or disposi-
tion of stock of TFC or the transferred IP
occurs within the useful life of the trans-
ferred IP.
(F) All transactions are respected under
general principles of tax law.
(ii) Examples. The following examples
illustrate the application of paragraph (f)
(4) of this section and other paragraphs of
this section that relate to paragraph (f)(4).
(A) Example 1: Complete liquidation of trans-
feree foreign corporation into a qualified domestic
person—(1) Facts. In year 2, USP transfers all the
stock of TFC to USS, a related person within the
meaning of §1.367(d)-1T(h) and paragraph (h)(2)(ii)
of this section, in a section 351 exchange to which
§1.367(d)-1T(e)(1) applies (the year 2 transfer). In
year 3, TFC distributes all its property (including the
transferred IP) to USS pursuant to a complete liqui-
dation to which sections 332 and 337 apply (the year
3 liquidation). The all earnings and profits amount
determined under §1.367(b)-2(d) with respect to the
stock of TFC held by USS is $0. The information
described in §1.6038B-1(d)(2) is provided by USS
for the taxable year in which the year 3 liquidation
occurs.
(2) Analysis—(i) The year 2 transfer. Because
the year 2 transfer involves a transfer of all the
stock of TFC by USP (the initial U.S. transferor) to
a related U.S. person (USS), under §1.367(d)-1T(e)
(1)(i) USS (a successor U.S. transferor) is treated as
receiving the right to receive a proportionate share of
the contingent annual payments that USP would have
otherwise taken into account under §1.367(d)-1T(c).
As determined under §1.367(d)-1T(e)(4), USS’s
proportionate share of such payments is 100 per-
cent. Accordingly, USS will annually include in its
gross income the full amount of each of the annual
payments that USP would otherwise have taken into
account under §1.367(d)-1T(c) over the useful life
of the transferred IP, and USP will not recognize any
gain upon the year 2 transfer. See §1.367(d)-1T(e)
(1)(ii) and (iii).
(ii) The year 3 liquidation. The year 3 liqui-
dation results in a subsequent disposition of the
transferred IP to USS. USS, a U.S. person treated
as the U.S. transferor pursuant to §1.367(d)-1T(e)
(1), is a qualified domestic person within the mean-
ing of paragraph (f)(4)(iii) of this section. Pursu-
ant to paragraph (f)(4)(i)(A) of this section, USS
must recognize the amount of gain described in
paragraph (f)(4)(ii) of this section. Because the
year 3 liquidation is a complete liquidation to
which sections 332 and 337 apply, the intangible
property is transferred basis property (as defined in
section 7701(a)(43) and determined without regard
to section 367(d), this section, and §1.367(d)-1T),
and therefore paragraph (f)(4)(ii)(A) of this section
applies to determine the amount of any gain USS
must recognize. Because TFC does not recognize
gain with respect to the transferred IP (regardless
of the adjusted basis in the intangible property) by
reason of the year 3 liquidation, the amount of gain
described in paragraph (f)(4)(ii)(A) of this section
is $0. Accordingly, USS does not recognize gain
pursuant to paragraph (f)(4)(i)(A) of this section
by reason of the year 3 liquidation. Additionally,
because USS provides the information described
in §1.6038B-1(d)(2), paragraph (f)(4)(i)(B) of this
section applies to the year 3 liquidation. USS there-
fore recognizes a deemed payment representing the
part of USS’s taxable year during which TFC held
the transferred IP pursuant to paragraph (f)(4)(i)
(B)(1) of this section, and the required adjustments
described in paragraph (c)(2)(ii) of this section and
§1.367(d)-1T(c)(2)(i) apply as to the deemed pay-
ment. Also, because USS does not recognize gain
pursuant to paragraph (f)(4)(i)(A) of this section,
the required adjustments described in paragraph (f)
(2) of this section do not apply. Pursuant to para-
graph (f)(4)(i)(B)(2) of this section, after taking the
deemed payment into account, the transferred IP is
no longer subject to section 367(d), this section, and
§1.367(d)-1T. Finally, pursuant to paragraph (f)(4)
(iv)(A) of this section, USS’s adjusted basis in the
transferred IP is $0, which is equal to USP’s former
adjusted basis in the transferred IP ($0), increased
by the greater of the amount of gain recognized by
USS under paragraph (f)(4)(i)(A) of this section
($0) or the amount of gain recognized by TFC upon
the year 3 liquidation ($0).
(B) Example 2: Taxable distribution of the trans-
ferred intangible property to a qualified domestic
person—(1) Facts. The facts are the same as in
paragraph (f)(6)(ii)(A) of this section (Example 1),
except that, instead of in year 3 TFC distributing all
its property to USS pursuant to a complete liquida-
tion, in year 3 TFC distributes the transferred IP to
USS in a distribution described in section 311(b)
when the fair market value of the transferred IP is
$100x (the year 3 distribution). TFC’s adjusted basis
in the transferred IP immediately before the distri-
bution is $0.
(2) Analysis. The consequence of the year 2
transfer is the same as described in paragraph (f)(6)
(ii)(A)(2)(i) of this section (Example 1). Like the
consequences described in paragraph (f)(6)(ii)(A)
(2) of this section (Example 1), the year 3 distribu-
tion is a subsequent disposition of the transferred
IP to USS, a qualified domestic person. Pursuant
to paragraph (f)(4)(i)(A) of this section, USS must
recognize the amount of gain described in para-
graph (f)(4)(ii) of this section. Because the year
3 distribution is described in section 311(b) the
intangible property is not transferred basis prop-
erty (as defined in section 7701(a)(43) and deter-
mined without regard to section 367(d), this sec-
tion, and §1.367(d)-1T), and therefore USS must
recognize $100x gain under paragraph (f)(4)(ii)(B)
of this section. The $100x gain amount equals the
excess of the fair market value of the transferred IP
on the date of the year 3 distribution ($100x) over
USP’s former adjusted basis in the property ($0).
TFC, because of USS’s gain recognition under
paragraph (f)(4)(i)(A) of this section, reduces (but
not below zero) the portion of its earnings and prof-
its and gross income arising by reason of the year 3
distribution by the amount of such gain under para-
graph (f)(2)(i) of this section. Specifically, because
the year 3 distribution requires USS to recognize
$100x of gain, TFC reduces the portion of its earn-
ings and profits and gross income that arise by rea-
son of the year 3 distribution, which is $100x (the
excess of the fair market value of the transferred
IP ($100x) over TFC’s adjusted basis in the trans-
ferred IP ($0)), by $100x (the amount of gain USS
recognizes pursuant to paragraph (f)(4)(i)(A) of
this section). As a result, after taking into account
the reduction, TFC has no earnings and profits or
gross income that arise by reason of the year 3
distribution. Furthermore, USS may establish an
account receivable from TFC equal to $100x under
paragraph (f)(2)(ii) of this section. Additionally,
and as described in paragraph (f)(6)(ii)(A)(2) of
this section (Example 1), pursuant to paragraph
(f)(4)(i)(B)(1) of this section, USS recognizes a
deemed payment for the portion of USS’s taxable
year during which TFC held the transferred IP, and
the required adjustments described in paragraph (c)
(2)(ii) of this section and §1.367(d)-1T(c)(2) apply
to this deemed payment. After taking these con-
sequences into account, pursuant to paragraph (f)
(4)(i)(B)(2) of this section, the transferred IP is no
longer subject to section 367(d), this section, and
§1.367(d)-1T. Finally, pursuant to paragraph (f)(4)
(iv)(B) of this section, USS’s adjusted basis in the
transferred IP is $100x, which is the fair market
value of the transferred IP on the date of the year
3 distribution.
(C) Example 3: Qualified domestic person’s
basis in intangible property when intangible prop-
erty is repatriated in an exchange described in sec-
tion 351(b)—(1) Facts. The facts are the same as
in paragraph (f)(6)(ii)(A) of this section (Example

Bulletin No. 2024–44 1023 October 28, 2024
1), except that the transfer of stock of TFC to USS
in year 2 does not occur and instead of the year 3
liquidation, in year 3 TFC transfers the intangible
property to USS (a qualified domestic person as
defined in paragraph (f)(4)(iii) of this section) in
an exchange described in section 351(b) pursuant
to which TFC recognizes $50x of gain and USP
recognizes $50x of gain under paragraph (f)(4)(i)
(A) of this section (the year 3 exchange), which
amount will reduce TFC’s earnings and profits and
gross income by $50x under paragraph (f)(2)(i) of
this section.
(2) Analysis. Pursuant to paragraph (f)(4)(iv)(A)
of this section, USS’s adjusted basis in the intangible
property is $50x, which is the amount equal to the
lesser of USP’s former adjusted basis in the property
($0) or TFC’s adjusted basis in the property ($0),
increased by the greater of the amount of gain rec-
ognized by USP under paragraph (f)(4)(i)(A) of this
section ($50x) or the amount of gain recognized by
TFC upon the year 3 exchange ($50x).
(D) Example 4: Repatriation as part of a series
of related transactions culminating in transfer to a
foreign corporation—(1) Facts. The facts are the
same as in paragraph (f)(6)(ii)(A)(1) of this sec-
tion (Example 1), except that the year 3 liquidation
occurs as part of a series of related transactions pur-
suant to which USS transfers the transferred IP that
it receives from TFC to a related foreign corporation
(FC1) in exchange for stock in FC1.
(2) Analysis. Because the year 3 liquidation
occurs as part of a series of related transactions
pursuant to which the transferred IP is ultimately
contributed to a FC1, a foreign corporation, and
because a foreign corporation is not a qualified
domestic person pursuant to paragraph (f)(4)(iii)
of this section, then, under paragraph (f)(4)(v) of
this section, the year 3 liquidation is not treated as
a subsequent disposition described in paragraph (f)
(4)(i) of this section, but is instead treated as a sub-
sequent disposition described in paragraph (f)(3) of
this section.
(E) Example 5: Repatriation as part of a series
of related transactions culminating in transfer to
a qualified domestic person—(1) Facts. The facts
are the same as in paragraph (f)(6)(ii)(B)(1) of this
section (Example 2), except that the year 3 distribu-
tion occurs as part of a series of related transactions
pursuant to which USS disposes of the transferred IP
that it receives from TFC to USP.
(2) Analysis. Because the year 3 distribution
occurs as part of a series of related transactions pur-
suant to which the transferred IP is distributed to
USP, and because USP is a qualified domestic person
pursuant to paragraph (f)(4)(iii) of this section, para-
graph (f)(4)(v) of this section does not prevent para-
graph (f)(4)(i) of this section from applying to the
year 3 distribution. Accordingly, the consequences
under section 367(d) of the year 3 distribution are
the same as those described in paragraph (f)(6)(ii)(B)
(2) of this section (Example 2), and the consequences
of the subsequent disposition of the transferred IP by
USS to USP are determined after applying paragraph
(f)(4) of this section to the transfer of the transferred
IP by TFC to USS.
(g) Special rules—(1) Establishment of
accounts receivable. For further guidance,
see §1.367(d)-1T(g)(1).
(2) Election to treat transfer as sale.
For further guidance, see §1.367(d)-1T(g)
(2) introductory text.
(i) The intangible property transferred
constitutes an operating intangible, as
defined in § 1.367(a)-1(d)(6).
(ii) For further guidance, see §1.367-
1T(g)(2)(ii) through (g)(2)(iii)(D).
(iii)(A) through (D) [Reserved]
(E) The transferred intangible prop-
erty will be used in the active conduct of
a trade or business outside of the United
States within the meaning of § 1.367(a)-2
and will not be used in connection with the
manufacture or sale of products in or for
use or consumption in the United States.
(F) For further guidance, see §
1.367(d)-1T(g)(2)(iii)(F).
* * * * *
(4) Coordination with section 482. For
further guidance, see § 1.367(d)-1T(g)(4)
(5) Determination of fair market value.
For further guidance, see §1.367(d)-
1T(g)(5).
(6) Anti-abuse rule. For further guid-
ance, see §1.367(d)-1T(g)(6).
(h) Related person. For further guid-
ance, see §1.367(d)-1T(h) introductory
text through (h)(1).
(1) [Reserved]
(2) For further guidance, see
§1.367(d)-1T(h)(2) introductory text and
(h)(2)(i).
(i) [Reserved]
(ii) Section 1563 applies (for purposes
of section 267(f)) without regard to sec-
tion 1563(b)(2).
(i) Effective date. For further guidance,
see §1.367(d)-1T(i).
(j) Applicability dates—(1) In general.
This section applies to transfers occurring
on or after September 14, 2015, and to
transfers occurring before September 14,
2015, resulting from entity classification
elections made under §301.7701-3 of this
chapter that are filed on or after September
14, 2015. For transfers occurring before
this section is applicable, see §1.367(d)-
1T as contained in 26 CFR part 1 revised
as of April 1, 2016.
(2) Certain subsequent dispositions of
intangible property. Paragraphs (c)(2)(ii),
(e)(2)(ii), (f)(2) through (5), and (h)(2)(ii)
of this section apply to subsequent dispo-
sitions of intangible property occurring
on or after October 10, 2024. For subse-
quent dispositions of intangible property
occurring before October 10, 2024 see
§1.367(d)-1T as contained in 26 CFR part
1 revised as of April 1, 2022.
Par. 4. Section 1.367(d)-1T is amended
by:
a. Revising paragraph (c)(2)(ii).
b. Removing the undesignated para-
graph following paragraph (c)(2)(ii).
d. Revising paragraphs (e)(2)(ii) and
(f)(2).
e. Removing and reserving paragraph
(f)(3) and adding reserved paragraphs (f)
(4) through (6).
f. Designating the undesignated para-
graph following paragraph (g)(2)(iii)(E)
as paragraph (g)(2)(iii)(F).
g. Revising paragraph (h)(2)(ii).
The revisions read as follows:
§1.367(d)-1T Transfers of intangible
property to foreign corporations
(temporary).
* * * * *
(c) * * *
(2) * * *
(ii) For further guidance, see §1.367(d)-
1(c)(2)(ii).
* * * * *
(e) * * *
(2) * * *
(ii) For further guidance, see §1.367(d)-
1(e)(2)(ii);
* * * * *
(f) * * *
(2) Required adjustments. For further
guidance, see §1.367(d)-1(f)(2) through
(6).
(3) through (6) [Reserved]
* * * * *
(h) * * *
(2) * * *
(ii) For further guidance, see §1.367(d)-
1(h)(2)(ii).
* * * * *
§1.367(e)-2 [Amended]
Par. 5. Section 1.367(e)-2 is amended
by removing the language “section 936(h)
(3)(B)” in the last sentence of paragraph
(b)(2)(i)(B) and adding the language “sec-
tion 367(d)(4)” in its place.
Par. 6. Section 1.904-4 is amended
by adding paragraph (f)(2)(vi)(D)(4) and
revising paragraph (q)(3) to read as fol-
lows:

October 28, 2024 1024 Bulletin No. 2024–44
§1.904-4 Separate application of
section 904 with respect to certain
categories of income.
* * * * *
(f) * * *
(2) * * *
(vi) * * *
(D) * * *
(4) Multiple transfers of intangible
property. If the same intangible prop-
erty is transferred in a series of transfers
described in paragraph (f)(2)(vi)(D)(1)
of this section, each successive transfer
is separately subject to the provisions of
paragraph (f)(2)(vi)(D)(1) and will not
terminate or otherwise affect the appli-
cation of paragraph (f)(2)(vi)(D)(1) to a
prior transfer described in paragraph (f)
(2)(vi)(D)(1).
* * * * *
(q) * * *
(3) Except as provided in the follow-
ing sentence, paragraph (f) of this section
applies to taxable years that begin after
December 31, 2019, and end on or after
November 2, 2020. Paragraph (f)(2)(vi)
(D)(4) of this section applies to taxable
years that begin on or after October 10,
2024.
Par. 7. Section 1.951A-2 is amended
by revising paragraph (c)(2) to read as fol-
lows:
§1.951A-2 Tested income and tested
loss.
* * * * *
(c) * * *
(2) Determination of gross income and
allowable deductions. For purposes of
determining tested income and tested loss,
the gross income and allowable deduc-
tions of a controlled foreign corporation
for a CFC inclusion year are determined
under the rules of § 1.952-2 for deter-
mining the subpart F income (as defined
in section 952) of the controlled foreign
corporation, except, for a controlled for-
eign corporation which is engaged in the
business of reinsuring or issuing insur-
ance or annuity contracts and which, if it
were a domestic corporation engaged only
in such business, would be taxable as an
insurance company to which subchapter L
of chapter 1 of the Code applies, the text
“the principles of §§ 1.953-4 and 1.953-
5” means “the rules of sections 953 and
954(i)” in § 1.952-2(b)(2).
* * * * *
Par. 8. Section 1.951A-7 is amended
by adding a paragraph (e) to read as fol-
lows:
§1.951A-7 Applicability dates.
* * * * *
(e) Determination of gross income and
allowable deductions. Section 1.951A-
2(c)(2) applies to taxable years of foreign
corporations ending on or after October
10, 2024, and to taxable years of United
States shareholders in which or with
which such taxable years end. For tax-
able years of foreign corporations ending
before October 10, 2024, and to taxable
years of United States shareholders in
which or with which such taxable years
end, see §1.951A-2(c)(2)(i) and (ii) as
contained in 26 CFR part 1, revised as of
April 1, 2022.
Par. 9. Section 1.6038B-1 is amended
by:
a. Removing reserved paragraphs (d)
(1) through (1)(iii).
b. Adding paragraphs (d) heading and
(d)(1) introductory text and reserved
paragraphs (d)(1)(i) through (iii).
c. Removing reserved paragraphs (d)
(1)(viii) through (d)(2).
d. Adding paragraphs (d)(1)(viii), (d)
(2), and (g)(8).
The additions read as follows:
§1.6038B-1 Reporting of certain
transfers to foreign corporations.
* * * * *
(d) Transfers subject to section
367(d)—(1) Initial transfer. For further
guidance,
see §1.6038B–1T(d)(1) introductory
text through (d)(1)(iii).
(i) through (iii) [Reserved]
* * * * *
(viii) Other intangibles. For further
guidance, see § 1.6038B-1T(d)(1)(viii).
(2) Subsequent transfers. For addi-
tional, see § 1.6038B–1T(d)(2) introduc-
tory text through (d)(2)(ii).
(i) through (ii) [Reserved]
(iii) Subsequent transfer. Except for
a subsequent transfer described in para-
graph (d)(2)(iv) of this section, provide
the following information concerning the
subsequent transfer:
(A) For further guidance, see §
1.6038B–1T(d)(2)(iii)(A) through (C).
(B) through (C) [Reserved]
(iv) Subsequent transfer of intangible
property to a qualified domestic person.
Provide the following information con-
cerning a subsequent transfer of intangible
property described in §1.367(d)-1(f)(4)(i):
(A) A statement providing that
§1.367(d)-1(f)(4)(i)(B) applies to the sub-
sequent transfer;
(B) A general description of the subse-
quent transfer and any wider transaction
of which it forms a part, including the
U.S. transferor’s former adjusted basis
in the intangible property and the trans-
feree foreign corporation’s adjusted basis
in the intangible property (as determined
immediately before the subsequent trans-
fer), the amount and computation of
any gain recognized by the U.S. trans-
feror under §1.367(d)-1(f)(4)(i)(A), and
a description of whether the intangible
property was, or is expected to be, subse-
quently transferred to one or more other
persons (as described in §1.367(d)-1(f)
(4)(v));
(C) A description of the intangible
property;
(D) A copy of the Form 926 with
respect to the original transfer of the intan-
gible property and any attachments identi-
fying the intangible property as within the
scope of section 367(d).
(E) The name, address, and taxpayer
identification number of the qualified
domestic person that receives the intan-
gible property, including a statement
describing the relationship between the
U.S. transferor and the qualified domestic
person, and, if applicable, such informa-
tion regarding any other persons described
in §1.367(d)-1(f)(4)(v); and
(F) Any other information as may be
prescribed by the Commissioner in publi-
cations, forms, instructions, or other guid-
ance.
* * * * *
(g) * * *
(8) Paragraphs (d)(2)(iii) introductory
text and (d)(2)(iv) of this section apply to

Bulletin No. 2024–44 1025 October 28, 2024
transfers occurring on or after October 10,
2024.
Par. 10. Section 1.6038B-1T is
amended by revising paragraph (d)(2)(iii)
introductory text to read as follows:
§ 1.6038B-1T Reporting of certain
transactions to foreign corporations
(temporary).
* * * * *
(d) * * *
(2) * * *
(iii) Subsequent transfer. For further
guidance, see § 1.6038B-1T(d)(2)(iii)
introductory text:
* * * * *
Douglas W. O’Donnell,
Deputy Commissioner.
Approved: September 23, 2024.
Aviva Aron-Dine,
Deputy Assistant Secretary of the Trea-
sury (Tax Policy).
(Filed by the Office of the Federal Register October
09, 2024, 8:45 a.m., and published in the issue of the
Federal Register for October 10, 2024, 89 FR 82160)

October 28, 2024 1026 Bulletin No. 2024–44
Part III
Expenses Treated as
Amounts Paid for Medical
Care
Notice 2024-71
SECTION 1. PURPOSE
This notice provides a safe harbor
under section 213 of the Internal Revenue
Code for amounts paid for condoms.
SECTION 2. BACKGROUND
Section 213 allows an individual tax-
payer an itemized deduction for expenses
paid during the taxable year, not compen-
sated for by insurance or otherwise, for
medical care of the taxpayer, the taxpay-
er’s spouse, or the taxpayer’s dependent,
to the extent that such expenses exceed
7.5 percent of the taxpayer’s adjusted
gross income. Section 213(d) provides, in
relevant part, that the term “medical care”
means amounts paid for the diagnosis,
cure, mitigation, treatment, or prevention
of disease, or for the purpose of affecting
any structure or function of the body. Sec-
tion 1.213-1(e)(1)(ii) of the Income Tax
Regulations provides that deductions for
medical care expenses under section 213
are limited to expenses “incurred primar-
ily for the prevention or alleviation of a
physical or mental defect or illness” and
do not include deductions for expenses
that are merely beneficial to an individu-
al’s general health.
Amounts treated as expenses for med-
ical care under section 213(d) are eligible
to be paid or reimbursed under a health
flexible spending arrangement (health
FSA), Archer medical savings account
(Archer MSA), health reimbursement
arrangement (HRA), or health savings
account (HSA). However, if an amount
is paid or reimbursed under a health FSA,
Archer MSA, HRA, HSA, or any other
health plan or otherwise, it is not a deduct-
ible expense under section 213.
The determination of whether an
expense is incurred for the prevention
of disease, or other form of medical care
under section 213(d), depends upon the
facts and circumstances. Stringham v.
Commissioner, 12 T.C. 580, 584 (1949).
Thus, depending on the specific facts and
circumstances, amounts paid for condoms
may or may not be considered medical
expenses under section 213(d).
SECTION 3. SAFE HARBOR
The Treasury Department and the IRS
will treat amounts paid for condoms as
amounts paid for medical care under sec-
tion 213(d).
SECTION 4. APPLICATION OF
SAFE HARBOR
Because amounts paid for condoms are
treated as expenses for medical care under
section 213(d), if the other requirements
of section 213(a) are met (for example, if a
taxpayer’s total medical expenses exceed
the 7.5-percent adjusted gross income
limitation and are not compensated for
by insurance or otherwise), then amounts
paid by the taxpayer for condoms for the
taxpayer, the taxpayer’s spouse, or the
taxpayer’s dependent are deductible as
expenses for medical care under section
213. Additionally, because amounts paid
for condoms are treated as expenses for
medical care under section 213(d), the
amounts are also eligible to be paid or
reimbursed under a health FSA, Archer
MSA, HRA, or HSA. However, if an
amount paid for condoms is paid or reim-
bursed under a health FSA, Archer MSA,
HRA, HSA, or any other health plan or
otherwise, it is not a deductible expense
under section 213.
SECTION 5. DRAFTING
INFORMATION
The principal authors of this notice
are Elizabeth Choi and Amy S. Wei of
the Office of Associate Chief Counsel
(Income Tax & Accounting). However,
additional personnel in the Office of Chief
Counsel and at the Treasury Department
participated in the development of this
notice. For additional information, contact
Branch 3 of the Office of Associate Chief
Counsel (Income Tax and Accounting) at
(202) 317-5100 (not a toll-free number).
Preventive Care for
Purposes of Qualifying as
a High Deductible Health
Plan under Section 223
Notice 2024-75
I. PURPOSE
This notice expands the list of preven-
tive care benefits permitted to be provided
by a high deductible health plan (HDHP)
under section 223(c)(2)(C) of the Internal
Revenue Code (Code) without a deduct-
ible, or with a deductible below the appli-
cable minimum deductible for the HDHP,
to include over-the-counter (OTC) oral
contraceptives (including emergency
contraceptives) and male condoms.
1
This
notice also clarifies that (1) all types of
breast cancer screening for individuals
who have not been diagnosed with breast
cancer are treated as preventive care under
section 223(c)(2)(C), (2) continuous glu-
cose monitors for individuals diagnosed
with diabetes are generally treated as pre-
ventive care under section 223(c)(2)(C),
and (3) the new safe harbor for absence
of a deductible for certain insulin prod-
ucts in section 223(c)(2)(G) applies with-
out regard to whether the insulin product
is prescribed to treat an individual diag-
nosed with diabetes or prescribed for the
purpose of preventing the exacerbation of
diabetes or the development of a second-
ary condition.
II. BACKGROUND
A. Preventive Care
Section 223 of the Code permits eli-
gible individuals to establish tax-favored
1
For purposes of this notice, a “male condom” refers to an external condom and a “female condom” refers to an internal condom.

Bulletin No. 2024–44 1027 October 28, 2024
Health Savings Accounts (HSAs). Among
the requirements to qualify as an eligible
individual under section 223(c)(1) is that
the individual be covered under an HDHP
and have no disqualifying health cover-
age. As defined in section 223(c)(2), an
HDHP is a health plan that satisfies cer-
tain requirements, including requirements
with respect to minimum deductibles and
maximum out-of-pocket expenses.
Generally, under section 223(c)(2)
(A), an HDHP is not permitted to provide
benefits for any year until the minimum
deductible for that year is satisfied. How-
ever, section 223(c)(2)(C) provides a safe
harbor for the absence of a deductible for
preventive care. Under section 223(c)(2)
(C), “[a] plan shall not fail to be treated as
a high deductible health plan by reason of
failing to have a deductible for preventive
care (within the meaning of section 1861
of the Social Security Act, except as other-
wise provided by the Secretary).” There-
fore, an HDHP may provide preventive
care benefits without a deductible, or with
a deductible below the minimum annual
deductible otherwise required by section
223(c)(2)(A). To be a preventive care
benefit as defined for purposes of section
223, the benefit must either be described
as preventive care for purposes of section
1861 of the Social Security Act (SSA) or
be determined to be preventive care in
guidance issued by the Department of the
Treasury (Treasury Department) and the
Internal Revenue Service (IRS).
2
Section 2713 of the Public Health Ser-
vice Act
3
(PHS Act) requires non-grand-
fathered group health plans and health
insurance issuers offering non-grandfa-
thered group or individual health insur-
ance coverage
4
to provide benefits for cer-
tain preventive services without imposing
cost-sharing requirements. Notice 2013-
57, 2013-40 IRB 293, provides that any
item or service that is a preventive ser-
vice under section 2713 of the PHS Act
will also be treated as preventive care
under section 223(c)(2)(C) of the Code.
With respect to women,
5
preventive ser-
vices under section 2713 of the PHS Act
include those provided for in comprehen-
sive guidelines supported by the Health
Resources and Services Administration
(HRSA-Supported Guidelines).
Notice 2004-23, 2004-15 IRB 725,
provides that preventive care under sec-
tion 223(c)(2)(C) includes, among other
types of care, “Breast Cancer (e.g., Mam-
mogram)” screening services.
Notice 2018-12, 2018-12 IRB 441,
states that, absent further guidance to the
contrary, benefits for male sterilization or
male contraceptives would not be consid-
ered preventive care. The notice bases its
reasoning on the fact that, at the time of
publication of the notice: (1) male ster-
ilization and male contraceptives were
not preventive care under the SSA; (2)
HRSA-Supported Guidelines did not pro-
vide for coverage of benefits or services
relating to a man’s reproductive capacity,
such as vasectomies and condoms; and (3)
no applicable guidance issued by the Trea-
sury Department or the IRS provided for
the treatment of male sterilization or male
contraceptives as preventive care within
the meaning of section 223(c)(2)(C).
B. Oral Contraceptives
The HRSA-Supported Guidelines
include the full range of U.S. Food and
Drug Administration (FDA)-approved,
-granted, or -cleared contraceptives,
including those currently listed in the
FDA’s Birth Control Guide, such as “oral
contraceptives (progestin only)” and
“emergency contraception (levonorge-
strel).”
6
An OTC progestin-only daily oral
contraceptive was recently approved by
the Food and Drug Administration (FDA)
and is currently available.
7
Some emer-
gency contraceptives also are available as
OTC products (e.g., levonorgestrel). Addi-
tional recommended preventive products
may also become available as OTC prod-
ucts in the future. The HRSA-Supported
Guidelines relating to contraceptives have
been updated and no longer contain the
“as prescribed” restriction they once did.
C. Male Condoms
Notice 2024-71, 2024-44 IRB 1026,
provides a safe harbor, under which the
Treasury Department and the IRS will treat
amounts paid for condoms as amounts
paid for medical care under section 213(d).
While the HRSA-Supported Guidelines
previously included only female con-
doms, the HRSA-Supported Guidelines
were expanded in 2021 after Notice 2018-
12 was published to encompass contra-
ceptives that are not female-controlled,
such as male condoms.
8
However, the
expanded HRSA-Supported Guidelines
made no changes to the recommendations
regarding male sterilization and continue
not to include male sterilization.
D. Breast Cancer Screening
Notice 2004-23 provides that breast
cancer screening is treated as preventive
care under section 223(c)(2)(C) but pro-
vides a “mammogram” as the only listed
example of such screenings. Breast cancer
screening recommended with an “A” or
2
The determination of whether an item or service is preventive care for these purposes is separate and distinct from the determination of whether an amount paid for an item or service is
medical care under section 213(d) of the Code as an amount paid for the prevention of disease. See Rev. Rul. 79-66, 1979-1 C.B. 114; Daniels v. Commissioner, 41 T.C. 324 (1963); and
Stringham v. Commissioner, 12 T.C. 580 (1949) acq., 1950-2 C.B. 4, aff'd per curiam, 183 F.2d 579 (6th Cir. 1950).
3
See 42 U.S.C. chapter 6A.
4
The Department of Health and Human Services, the Department of Labor, and the Treasury Department (collectively, the Departments) share interpretive jurisdiction over section 1251
of the Patient Protection and Affordable Care Act, Pub. L. 111-148, 124 Stat. 119 (2010) (ACA), as amended, which generally provides that certain group health plans and health insurance
coverage existing as of March 23, 2010, the date of enactment of ACA (referred to collectively in the statute as grandfathered health plans), are subject to only certain provisions of ACA.
5
The references to “women” in this notice are not limited based on sex assigned at birth, gender identity, or gender of the individual otherwise recorded by the plan or issuer in accordance
with FAQs about Affordable Care Act implementation Part XXVI (May 11, 2015), Q5, available at https://www.dol.gov/ sites/ dolgov/ files/ ebsa/ about-ebsa/ our-activities/ resource-center/ faqs/
aca-part-xxvi.pdf and https://www.cms.gov/ CCIIO/ Resources/ Fact-Sheets-and-FAQs/ Downloads/ aca_ implementation_ faqs26.pdf.
6
https://www.hrsa.gov/womens-guidelines.
7
On July 13, 2023, the FDA announced that it had approved a progestin-only birth control pill as the first daily oral contraceptive for use in the United States available without a prescription
by a health care provider. See FDA Approves First Nonprescription Daily Oral Contraceptive, July 13, 2023, https://www.fda.gov/ news-events/ press-announcements/ fda-approves-first-non-
prescription-daily-oral-contraceptive. Progestin-only oral contraceptives are a product that is already available in a prescription form and are a category of contraceptives listed in the
HRSA-Supported Guidelines.
8
HRSA made this change to allow women to purchase male condoms for pregnancy prevention. See 86 FR 59741, 59742 (Oct. 28, 2021).

October 28, 2024 1028 Bulletin No. 2024–44
“B” rating by the United States Preventive
Services Task Force (USPSTF), which
must be covered without cost-sharing for
certain individuals under section 2713 of
the PHS Act, generally is limited to mam-
mography.
9
E. Continuous Glucose Monitors and
Insulin
Notice 2019-45 provides that specified
services and items, including glucometers
and insulin, are treated as preventive care
under section 223(c)(2)(C). However,
the notice also provides that specified
services and items are treated as preven-
tive care only when prescribed to treat an
individual diagnosed with the specified
associated chronic condition (diabetes in
the case of glucometers and insulin), and
only when prescribed for the purpose of
preventing the exacerbation of the chronic
condition or the development of a second-
ary condition.
While Notice 2019-45 provides that
glucometers are treated as preventive care,
it does not directly refer to continuous glu-
cose monitors, which similarly measure
glucose levels.
Section 11408 of the Inflation Reduc-
tion Act of 2022
10
amended section 223 of
the Code with respect to insulin products
effective for plan years beginning after
December 31, 2022, by adding a new sec-
tion 223(c)(2)(G) to provide that a plan
shall not fail to be treated as an HDHP by
reason of failing to have a deductible for
selected insulin products described in that
section.
III. QUESTIONS AND ANSWERS
A. Oral Contraceptives
Q-1. Will a health plan fail to qualify as
an HDHP under section 223(c)(2) of the
Code merely because it provides benefits
for OTC oral or emergency contraceptives
without a prescription before an individ-
ual satisfies the minimum annual deduct-
ible for an HDHP under section 223(c)(2)
(A)?
A-1. No. Regardless of whether OTC
contraceptives without a prescription are
preventive care required to be covered
without cost sharing under section 2713
of the PHS Act, the Treasury Department
and the IRS have determined that it is not
appropriate to distinguish OTC oral con-
traceptives that are now available from
other types of contraceptives that are con-
sidered to be preventive care for purposes
of the safe harbor for the absence of a
preventive care deductible under section
223(c)(2)(C).
Consequently, preventive care for pur-
poses of section 223(c)(2)(C) includes all
benefits for OTC oral contraceptives for a
covered individual potentially capable of
becoming pregnant, including, but not lim-
ited to, OTC birth control pills and emer-
gency contraception, regardless of whether
they are purchased with a prescription.
Accordingly, a health plan will not fail to
qualify as an HDHP under section 223(c)
(2) merely because it provides benefits
for those contraceptives before such an
individual satisfies the minimum annual
deductible for an HDHP under section
223(c)(2)(A). This guidance is effective for
plan years (in the individual market, policy
years) that begin on or after December 30,
2022.
B. Male Condoms
Q-2. Will a health plan fail to qualify as
an HDHP under section 223(c)(2) of the
Code merely because it provides benefits
for male condoms (with or without a pre-
scription) before an individual satisfies the
minimum annual deductible for an HDHP
under section 223(c)(2)(A)?
A-2. No. Notice 2024-71, as well as
the expansion of the HRSA-Supported
Guidelines to encompass male condoms
as described above in paragraph II.C. of
the Background section of this notice, has
caused the Treasury Department and the
IRS to revisit the position on male contra-
ceptives as set forth in Notice 2018-12.
Upon reconsideration, the Treasury
Department and the IRS have determined
that preventive care for purposes of sec-
tion 223(c)(2)(C) includes all benefits
for male condoms, regardless of whether
they are purchased with a prescription and
regardless of the gender of the individual
covered under the HDHP who purchases
them. Accordingly, a health plan will not
fail to qualify as an HDHP under sec-
tion 223(c)(2) merely because it provides
benefits for male condoms (with or with-
out a prescription) before an individual
satisfies the minimum deductible for an
HDHP under section 223(c)(2)(A).
11
This
guidance is effective for plan years (in the
individual market, policy years) that begin
on or after December 30, 2022.
C. Breast Cancer Screening
Q-3. Will a health plan fail to qual-
ify as an HDHP under section 223(c)(2)
of the Code merely because it provides
benefits for breast cancer screening other
than mammograms before an individual
satisfies the minimum annual deductible
for an HDHP under section 223(c)(2)
(A)?
A-3. No. The Treasury Department and
the IRS have determined that, because
breast cancer screening may include imag-
ing other than mammograms,
12
the refer-
ence in Notice 2004-23 to breast cancer
screening should be changed to “Breast
Cancer (e.g., Mammograms, Magnetic
Resonance Imaging (MRIs), Ultrasounds,
and similar breast cancer screening ser-
vices).” This language change is effective
9
https://www.uspreventiveservicestaskforce.org/uspstf/recommendation/breast-cancer-screening and https://www.uspreventiveservicestaskforce.org/uspstf/recommendation/breast-can-
cer-screening-2002 (in effect until January 1, 2026). FAQs about Affordable Care Act and Coronavirus Aid, Relief, and Economic Security Act Implementation Part 59 (July 28, 2022), Q7,
available at https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/aca-part-59 and https://www.cms.gov/files/document/faqs-part-59.pdf, provides that items and
services recommended with an "A" or "B" rating by the USPSTF on or after March 23, 2010, will be treated as preventive care for purposes of Code section 223(c)(2)(C), regardless of
whether these items and services must be covered, without cost sharing, under PHS Act section 2713. The HRSA-Supported Guidelines likewise mention only “mammography screening.”
10
Pub. L. 117-169, § 11408, 136 Stat. 1818, 1905 (Aug. 16, 2022).
11
While this guidance applies to male condoms, it does not apply to any other male contraceptives, such as male sterilization.
12
According to the American Cancer Society, individuals who are at high risk for breast cancer based on certain factors should get a breast MRI in addition to a mammogram. See https://www.
cancer.org/cancer/types/breast-cancer/screening-tests-and-early-detection/american-cancer-society-recommendations-for-the-early-detection-of-breast-cancer.html. Also, ultrasound can be
helpful in individuals with dense breast tissue, which can make it hard to see abnormal areas on mammograms. See https://www.cancer.org/cancer/types/breast-cancer/screening-tests-and-ear-
ly-detection/breast-ultrasound.html.

Bulletin No. 2024–44 1029 October 28, 2024
as of the date of publication of Notice
2004-23 (April 12, 2004).
D. Continuous Glucose Monitors and
Insulin
Q-4. Will a health plan fail to qualify as
an HDHP under section 223(c)(2) of the
Code merely because it provides benefits
for continuous glucose monitors before an
individual satisfies the minimum annual
deductible for an HDHP under section
223(c)(2)(A)?
A-4. Generally, no. This notice clarifies
that in accordance with Notice 2019-45
continuous glucose monitors are preven-
tive care for purposes of section 223(c)(2)
(C) in the same circumstances as other glu-
cometers if the continuous glucose monitor
is measuring glucose levels using a similar
detection method or mechanism to other
glucometers (i.e., piercing the skin).
13

Consequently, this notice clarifies
that preventive care for purposes of sec-
tion 223(c)(2)(C) includes all benefits
for continuous glucose monitors subject
to the conditions in the preceding para-
graph. Accordingly, a health plan will not
fail to qualify as an HDHP under section
223(c)(2) merely because it provides such
benefits before an individual satisfies the
minimum annual deductible for an HDHP
under section 223(c)(2)(A). This guid-
ance is effective as of the effective date of
Notice 2019-45 (July 17, 2019).
Some continuous glucose monitors may
have additional medical functions, such as
insulin delivery, or non-medical functions.
If so, those functions also would need to
be preventive care in order for an HDHP
to cover any benefits for the continuous
glucose monitor before an individual satis-
fies the minimum annual deductible for an
HDHP under section 223(c)(2)(A). A con-
tinuous glucose monitor that both monitors
and provides insulin may be treated as pre-
ventive care as explained in Q&A-5 of this
notice because it is a device for delivering
insulin. If a continuous glucose monitor
provides additional medical or non-medical
functions that are not preventive care (other
than minor functions, such as clock and date
functions), however, then the HDHP may
not cover the continuous glucose monitor
before an individual satisfies the minimum
annual deductible for an HDHP.
Q-5. May an HDHP provide benefits for
the selected insulin products described in
section 223(c)(2)(G) of the Code, as added
by section 11408 of the Inflation Reduction
Act of 2022, prior to satisfying the mini-
mum annual deductible for an HDHP under
section 223(c)(2)(A), effective for plan
years after December 31, 2022?
A-5. Yes. This notice clarifies that
an HDHP may provide benefits for the
selected insulin products described in
section 223(c)(2)(G) before an individual
satisfies the minimum annual deductible
for an HDHP under section 223(c)(2)
(A) without regard to whether the insulin
product is prescribed to treat an individ-
ual diagnosed with diabetes or prescribed
for the purpose of preventing the exac-
erbation of diabetes or the development
of a secondary condition. The Treasury
Department and the IRS interpret section
223(c)(2)(G) to include any devices used
to administer or deliver the selected insu-
lin products described in that section. This
guidance is effective for plan years (in the
individual market, policy years) begin-
ning after December 31, 2022.
IV. EFFECT ON OTHER
DOCUMENTS
Notice 2004-23 is clarified by noting
the safe harbor for absence of a deductible
for breast cancer screening.
Notice 2018-12 is superseded with
respect to the guidance regarding male
condoms.
Notice 2019-45 is clarified and
expanded by noting the safe harbor for
absence of a deductible for continuous
glucose monitors and for certain insulin
products pursuant to the Inflation Reduc-
tion Act of 2022.
V. DRAFTING INFORMATION
The principal authors of this notice are
Jennifer Friedman and William Fischer
of the Office of Associate Chief Counsel
(Employee Benefits, Exempt Organiza-
tions, and Employment Taxes), though
other Treasury Department and IRS offi-
cials participated in its development. For
further information on the provisions of
this notice, contact William Fischer at
(202) 317-5500 (not a toll-free number).

13
The FDA has warned consumers, patients, caregivers, and health care providers of risks related to using smartwatches or smart rings that claim to measure blood glucose levels without
piercing the skin. These devices are different than smartwatch applications that display data from FDA-authorized blood glucose measuring devices that pierce the skin, like continuous glu-
cose monitoring devices. The FDA has not authorized, cleared, or approved any smartwatch or smart ring that is intended to measure or estimate blood glucose values on its own. See https://
www.fda.gov/medical-devices/safety-communications/do-not-use-smartwatches-or-smart-rings-measure-blood-glucose-levels-fda-safety-communication.

October 28, 2024 1030 Bulletin No. 2024–44
NOTE. This revenue procedure will be reproduced as the next revision of IRS Publication 1167, General Rules and Specifications for Substitute Forms and Schedules.
Rev. Proc. 2024-33
TABLE OF CONTENTS
Part 1 – INTRODUCTION TO SUBSTITUTE FORMS
Section 1.1 – Overview of Revenue Procedure 2024-33 ....................................................1031
Section 1.2 – IRS Contacts ...........................................................................1032
Section 1.3 – What’s New ............................................................................1033
Section 1.4 – Definitions .............................................................................1033
Section 1.5 – Agreement .............................................................................1035
Part 2 – GENERAL GUIDELINES FOR SUBMISSIONS AND APPROVALS
Section 2.1 – General Specifications for Approval .........................................................1036
Section 2.2 – Highlights of Permitted Changes and Requirements ............................................1038
Section 2.3 – Vouchers ..............................................................................1038
Section 2.4 – Restrictions on Changes ..................................................................1041
Section 2.5 – Guidelines for Obtaining IRS Approval ......................................................1041
Section 2.6 – Office of Management and Budget (OMB) Requirements for All Substitute Forms ....................1044
Part 3 – PHYSICAL ASPECTS AND REQUIREMENTS
Section 3.1 – General Guidelines for Substitute Forms .....................................................1045
Section 3.2 – Paper .................................................................................1047
Section 3.3 – Printing ...............................................................................1048
Section 3.4 – Margins ...............................................................................1049
Section 3.5 – Miscellaneous Information for Substitute Forms ...............................................1050
Part 4 – ADDITIONAL RESOURCES
Section 4.1 – Guidance From Other Revenue Procedures ...................................................1051
Section 4.2 – Electronic Tax Products ...................................................................1051
Part 5 – REQUIREMENTS FOR SPECIFIC TAX RETURNS
Section 5.1 – Tax Returns (Forms 1040, 1040-SR, 1120, etc.) ................................................1052
Section 5.2 – Changes Permitted to Graphics (Form 1040 or 1040-SR) ........................................1052
Part 6 – FORMAT AND CONTENT OF SUBSTITUTE RETURNS
Section 6.1 – Acceptable Formats for Substitute Forms and Schedules .........................................1055
Section 6.2 – Additional Instructions for All Forms ........................................................1056
Part 7 – MISCELLANEOUS FORMS AND PROGRAMS
Section 7.1 – Specifications for Substitute Schedules K-1 ...................................................1058
Section 7.2 – Guidelines for Substitute Forms 8655 ........................................................1063
Section 7.3 – Guidelines for Substitute Image Character Recognition (ICR) Forms ...............................1064
Part 8 – ADDITIONAL INFORMATION
Section 8.1 – Forms for Electronically Filed Returns .......................................................1065
Section 8.2 – Effect on Other Documents ................................................................1066
Section 8.3 – Exhibits ...............................................................................1066

Bulletin No. 2024–44 1031 October 28, 2024
Part 1
Introduction to Substitute Forms
Section 1.1 – Overview of Revenue Procedure 2024-33
1.1.1
Purpose
The purpose of this revenue procedure is to provide guidelines and general requirements for the
development, printing, and approval of the 2024 substitute tax forms. Approval will be based on
these guidelines. After review and approval, submitted forms will be accepted as substitutes for
official IRS forms.
1.1.2
Unique Forms
Certain unique specialized forms require the use of other publications that supplement this
publication. See Part 4.
1.1.3
Scope
The IRS accepts quality substitute tax forms that are consistent with the official forms and have no
adverse impact on processing. The IRS Substitute Forms Program (the Program) administers the
formal acceptance and processing of these forms nationwide. While this Program deals with paper
documents, it also reviews for approval other processing and filing forms used in electronic filing.
Only those substitute forms that fully comply with these requirements are acceptable. This revenue
procedure is updated as required to reflect pertinent tax year form changes and to meet processing
and/or legislative requirements.
1.1.4
Forms Covered by
This
Revenue Procedure
The following types of forms are covered by this revenue procedure.
• IRS tax forms and their related schedules.
• Worksheets as they appear in the instructions.
• Applications for permission to file returns electronically and forms used as required docu-
mentation for electronically filed returns.
• Powers of Attorney.
• Over-the-counter estimated tax payment vouchers.
• Forms and schedules relating to partnerships, exempt organizations, and employee plans.
1.1.5
Forms Not Covered by
This
Revenue Procedure
The following types of forms are not covered by this revenue procedure. Refer to the publication
for questions.
• W-2 and W-3. See Pub. 1141, General Rules and Specifications for Substitute Forms W-2 and
W-3.
• W-2c and W-3c. See Pub. 1223, General Rules and Specifications for Substitute Forms W-2c
and W-3c.

October 28, 2024 1032 Bulletin No. 2024–44
• 941 and attached schedules. See Pub. 4436, General Rules and Specifications for Substitute
Form 941, Schedule B (Form 941), Schedule D (Form 941), Schedule R (Form 941), and
Form 8974.
• 1096, 1097-BTC, 1098 series, 1099 series, 3921, 3922, 5498 series, W-2G, and 1042-S. See
Pub. 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498,
and Certain Other Information Returns.
• 1095-A, 1094-B, 1095-B, 1094-C, and 1095-C. See Pub. 5223, General Rules and Speci-
fications for Affordable Care Act Substitute Forms 1095-A, 1094-B, 1095-B, 1094-C, and
1095-C.
• 8027. See Pub. 1239, Specifications for Electronic Filing of Form 8027, Employer’s Annual
Information Return of Tip Income and Allocated Tips.
• Forms 1040-ES (OCR) and 1041-ES (OCR), which may not be reproduced.
• Form 5500 series (for more information on these forms, go to the Department of Labor web-
site at https://www.efast.dol.gov).
• Forms used internally by the IRS.
• State tax forms.
• Forms developed outside the IRS.
1.1.6
Other Information Not
Covered by This Revenue
Procedure
The following information is not covered by this revenue procedure.
• Requests for information or documentation initiated by the IRS.
• General Instructions and Specific Instructions (these are not reviewed by the Program).
Section 1.2 – IRS Contacts
1.2.1
Wher
e To Send Substitute
Forms
Send your substitute forms for approval to the following offices. Do not send forms with taxpayer
data.
FormOffice and Address
5500Check EFAST2 information at the Department of
Labor website at https://www.efast.dol.gov.
Software developer vouchers
(see Sections 2.3.7–2.3.9)
Internal Revenue Service
Attn: Jason Lane
3211 S. Northpointe Dr.
Santa Fe Bldg. Rm 3018
Fresno, CA 93725
Jason.L.Lane@irs.gov
ACA Forms 1094-B, 1095-B, 1094-C, and
1095-C (for more information, see Pub.
5223), and Schedule K-1 forms must be
emailed for scannability testing.
scrips@irs.gov

Bulletin No. 2024–44 1033 October 28, 2024
FormOffice and Address
Schedule K-1 2-D bar-coded formsFor mailing addresses for sending Schedule K-1
2-D bar-coded forms for testing, see Section 7.1.6.
All others covered by this publication (see
Section 1.1.4)
Internal Revenue Service
Attn: Substitute Forms Program
SE:W:CAR:MP:P:TP:TP
ATSC
4800 Buford Highway
Mail Stop: 061-N
Chamblee, GA 30341
substituteforms@irs.gov
Section 1.3 – What’s New
1.3.1
What’
s New
The following changes have been made to this year’s revenue procedure.
• .01 Editorial changes. We made editorial changes as needed and eliminated repetitive infor-
mation.
• .02 Form 8717 can no longer be submitted as a substitute form. Form 8717 must be sub-
mitted electronically through https://www.pay.gov. For more information about electronically
submitting Form 8717, go to https://www.irs.gov/form8717.
Section 1.4 – Definitions
1.4.1
Substitute Form
A tax form (or related schedule) that differs in any way from the official version and is intended to
replace the form that is printed and distributed by the IRS. This term also covers those approved
substitute forms exhibited in this revenue procedure.
1.4.2
Printed/Pr
eprinted Form
A form produced using conventional printing processes or a printed form which has been
reproduced by photocopying or a similar process.
1.4.3
Preprinted Pin-Fed Form
A printed form that has marginal perforations for use with automated and high-speed printing
equipment.
1.4.4
Computer-Prepared
Substitute Form
A preprinted form in which the taxpayer’s tax entry information has been inserted by a computer,
a computer printer, or other computer-type equipment.

October 28, 2024 1034 Bulletin No. 2024–44
1.4.5
Computer-Generated
Substitute Tax Return or
Form
A tax return or form that is entirely designed and printed using a computer printer on plain white
paper. This return or form must conform to the physical layout of the corresponding IRS 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.
1.4.6
Manually Prepared Form
A preprinted reproduced form in which the taxpayer’s tax entry information is entered by an
individual using a pen, a pencil, or other nonautomated equipment.
1.4.7
Graphics
Parts of a printed tax form that are not tax amount entries or required text. Examples of graphics
are line numbers, captions, shadings, special indicators, borders, rules, and strokes created by
typesetting, photographics, photocomposition, etc.
1.4.8
Acceptable Reproduced
Form
1.4.9
Supporting Statement
(Supplemental Schedule)
A legible photocopy or an exact replica of an original form.
A document providing detailed information to support a line entry on an official or approved
substitute form and filed with (attached to) a tax return.
Note. A supporting statement is not a tax form and does not take the place of an official form.
1.4.10
Specific Form Terms
The following specific terms are used throughout this revenue procedure in reference to all
substitute forms: format, sequence, line reference, item caption, and data entry field.
1.4.11
Format
The overall physical arrangement and general layout of a substitute form.
1.4.12
Sequence
Sequence is an integral part of the total format requirement. The substitute form should show the
same numeric and logical placement order of data as shown on the official form.
1.4.13
Line Reference
The line numbers, letters, or alphanumerics used to identify each captioned line on an official
form. These line references are printed to the immediate left of each caption and/or data entry
field.
1.4.14
Item Caption
1.4.15
Data Entry Field
The text on each line of a form, which identifies the data required.
Designated areas for the entry of data such as dollar amounts, quantities, responses, and checkboxes.

Bulletin No. 2024–44 1035 October 28, 2024
1.4.16
Advance Draft
A draft version of a new or revised form may be posted to the IRS website (https://www.irs.gov/
draftforms) for information purposes. Substitute forms may be submitted based on these advance
drafts, but any submitter that receives forms approval based on these early drafts is responsible
for monitoring and revising forms to reflect any revisions in the final forms provided by the IRS.
1.4.17
Approval
Generally, approval could be in writing or assumed after 20 business days from our receipt for
forms that have not been substantially changed by the IRS. This does not apply to newly created
or substantially revised IRS forms. However, the Program reserves the right to notify vendors of
any inaccuracies even after 20 business days have lapsed.
1.4.18
National Association
of Computerized Tax
Processors (NACTP)
The NACTP is a nonprofit association that represents tax processing software and hardware
developers, electronic filing processors, tax form publishers, tax processing service bureaus, and
payroll processors. The association promotes standards in tax processing to advance efficient and
effective tax filing. For more information, go to https://www.nactp.org.
Section 1.5 – Agreement
1.5.1
Important Stipulation of
This Revenue Procedure
Any person or company who uses substitute forms and makes all or part of the changes specified
in this revenue procedure agrees to the following stipulations.
• The IRS presumes that any required changes are made in accordance with these revenue pro-
cedures and will not be disruptive to the processing of the tax return.
• Should any of the changes be disruptive to the IRS’s processing of the tax return, the person
or company agrees to accept the determination of the IRS as to whether the form may con-
tinue to be filed.
• The person or company agrees to work with the IRS in correcting noted deficiencies. Notifi-
cation of deficiencies may be made by any combination of letter, email, or phone contact and
may include the request for the resubmission of unacceptable forms.
1.5.2
Response Policy and
Stipulations
The Program will email confirmation of receipt of your forms submission, if possible. Even if
you do not receive emailed confirmation of receipt, you will receive an emailed “submission
receipt,” which will provide feedback on your submission. If the Program anticipates problems
in completing the review of your submission within the 20-business-day period, the Program will
send an interim email notifying you of the extended period for review.
Once the substitute forms have been approved by the Program, you can release them after the final
versions of the forms have been issued by the IRS. Before releasing the forms, you are responsible
for updating forms approved as draft and for making form changes requested.
The policy has the following stipulations.
• This 20-business-day policy applies to electronic submissions only. It does not apply to sub-
stitute submissions mailed to the Program.

October 28, 2024 1036 Bulletin No. 2024–44
• The policy applies to submissions of 15 (optimal) or fewer items and submissions containing
75 pages or less. Submissions of more than 15 items may require additional review time.
• If you send a large number of submissions within a short period of time, processing may be
delayed.
• Delays in processing could occur if the Program finds significant errors in your submission or
has experienced an increase in submissions. The Program will send you an interim email in
this case.
• Any anticipated problems in processing your submission within the 20-business-day period
will generate an interim email on or about the 15th business day.
• If any significant inaccuracies are discovered after the 20-business-day period, the Program
reserves the right to inform you and will require that changes be made to correct the inaccu-
racies.
• The policy does not apply to substantially revised forms or to new forms created by the IRS
for which you have already made an initial submission.
Part 2
General Guidelines for Submissions and Approvals
Section 2.1 – General Specifications for Approval
2.1.1
Overview
If you produce any substitute tax forms that fully comply or follow the changes specifically outlined
by the Program, then you can generate your own substitute forms without further approval. Also,
if your substitutes have received approval in the past, and there are no substantial formatting
or text changes for the tax year, then changes can be made without additional approval. If your
changes are more extensive, you must get IRS approval before using substitute forms. More
extensive changes include different font style; decreasing or increasing the font size of caption
titles; adjusting or omitting format/layout elements; changing page orientation; and repositioning
line items, tables, and legends.
2.1.2
Email Submissions
The Program accepts submissions of substitute forms for review and approval via email. The
email address is substituteforms@irs.gov. Include the term “PDF Submissions” on the subject
line.
Follow these guidelines.
• The emailed submission should include all the forms you wish to submit in one Portable
Document Format (PDF) file. Do not email or attach each form individually.
• The emailed submission should include a maximum of 3 PDF files to include a checksheet,
a cover letter or accompanying statement, and a single PDF file that includes all of the forms
listed on your checksheet, cover letter, or accompanying statement.
• A submission should contain a maximum of 15 forms.
• An approval checksheet listing the forms you are submitting should always be included in
the PDF file along with the forms. Excluding the checksheet can slow the reviewing process

Bulletin No. 2024–44 1037 October 28, 2024
down, which can result in a delayed response to your submission. See a sample checksheet in
Exhibit B.
• Optimize PDF files before submitting.
• The maximum allowable email attachment is 2.5 megabytes.
• The Program accepts zip files.
• To alleviate delays during the peak time of September through December, submit advance
draft forms as early as possible.
If the guidelines are not followed, you may need to resubmit.
Emailing PDF submissions will not expedite review and approval. Submitting your substitute
forms package via email is the preferred and suggested method for submitting forms for review.
If, for some reason, you are not able to email your submission(s), you can mail your submission(s)
to:
Internal Revenue Service
Attn: Substitute Forms Program
SE:W:CAR:MP:P:TP:TP
ATSC
4800 Buford Highway
Mail Stop: 061-N
Chamblee, GA 30341
2.1.3
Expediting the Pr
ocess
Follow these basic guidelines for expediting the process.
• Always include a checksheet for the Program’s response.
• Include an accompanying statement identifying most, if not all, of the deviations your substi-
tute forms may have from the official IRS versions.
• Follow the guidance in this publication for general substitute form guidelines. Follow the
guidance in specialized publications produced by the Program for other specific forms.
• To spread out the workload, send in draft versions of substitute forms when they are posted.
Note. Be sure to make any changes to approved drafts before releasing final versions.
2.1.4
Schedules
Some schedules are considered to be an integral part of a complete tax return and must be submitted
as part of the form. Other schedules may be submitted separately and do not need to be included
with the tax form.
2.1.5
Examples of Schedules
That
Must Be Submitted With
the Return
Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, is an example
of this situation. For the Form 706 to be considered for approval, all schedules that affect or are
applicable to any election or position taken by the filer, as well as all applicable schedules that
affect the tax, must be submitted.

October 28, 2024 1038 Bulletin No. 2024–44
2.1.6
Examples of Schedules
That Can Be Submitted
Separately
Schedules C, D, and E for Form 1040, U.S. Individual Income Tax Return, or Form 1040-SR, U.S.
Tax Return for Seniors, are examples of schedules that can be submitted separately. Although
printed by the IRS as a supplement to Form 1040 or 1040-SR, these schedules are not required to
be submitted for approval with Form 1040 or 1040-SR. These schedules may be separated from
Form 1040 or 1040-SR and submitted as substitute forms.
2.1.7
Use and Distribution of
Unapproved Forms
The IRS is continuing a program to identify and contact tax return preparers, forms developers,
and software publishers who use or distribute unapproved forms that do not conform to this
revenue procedure. The use of unapproved forms hinders the processing of the returns.
Section 2.2 – Highlights of Permitted Changes and Requirements
2.2.1
Methods of Reproducing
IRS Forms
There are methods of reproducing IRS printed tax forms suitable for use as substitutes without
prior approval.
• You can photocopy most tax forms and use them instead of the official ones. The entire sub-
stitute form, including entries, must be legible.
• You can reproduce any current tax form as cut sheets, snap sets, and marginally punched,
pin-fed forms as long as you use an official IRS version as the master copy.
• You can reproduce a form that requires a signature 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.
Section 2.3 – Vouchers
2.3.1
Overview
All payment vouchers (Forms 940-V, 941-V, 943-V, 944-V, 945-V, 1040-ES, 1040-V, 1041-V,
and 2290-V) must be reproduced in conjunction with their forms. 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 scan line.
2.3.2
Scan Line Specifications
NNNNNNNNNAAXXXXNNNNNNNNNNNN
Item:ABCDEF
G
A. Social Security Number/Employer Identification Number/Individual Taxpayer Identifi-
cation Number/Adoption Taxpayer Identification Number (SSN/EIN/ITIN/ATIN) has 9
numeric (N) spaces.
B. Check Digits have 2 alpha (A) spaces.
C.Name Control has 4 alphanumeric (X) spaces.
D.Master File Tax (MFT) Code has 2 numeric (N) spaces (see Section 2.3.3).
E. Taxpayer Identification Number (TIN) Type has 1 numeric (N) space (see Section 2.3.4).
F.Tax Period has 6 numeric (N) spaces in year/month format (YYYYMM).
G. Transaction Code has 3 numeric (N) spaces.

Bulletin No. 2024–44 1039 October 28, 2024
2.3.3
MFT Code
Code Number for Forms:
• 1040 (family) – 30,
• 940 – 10,
• 941 – 01,
• 943 – 11,
• 944 – 14,
• 945 – 16,
• 1041-V – 05,
• 2290 – 60, and
• 4868 – 30.
2.3.4
TIN Type
Type Number for:
• Form 1040 (family) and Form 4868 – 0; and
• Forms 940, 941, 943, 944, 945, 1041-V, and 2290 – 2.
2.3.5
Voucher Size
The voucher size must be exactly 8.0′′ x 3.25′′ (Forms 1040-ES and 1041-ES must be 7.625′′ x
3.0′′). The document scan line must be vertically positioned 0.25 inch from the bottom of the scan
line to the bottom of the voucher. The last character on the right of the scan line must be placed
3.5 inches from the right leading edge of the document. The minimum required horizontal clear
space between characters is 0.014 inch. The line to be scanned must have a clear band 0.25 inch
in height from top to bottom of the scan line, and from border to border of the document. “Clear
band” means no printing except for dropout ink.
2.3.6
Print and Paper Weight
Vouchers must be imaged in black ink using OCR A, OCR B, or Courier 10. These fonts may not
be mixed in the scan line. The horizontal character pitch is 10 CPI. The preferred paper weight is
20 to 24 pound OCR bond.
2.3.7
Specifications for Software
Developers
Certain vouchers may be reproduced for use in the IRS lockbox system. These include the 1040-V,
1040-ES, 1041-V, 94X series, and 2290 vouchers. Software developers must follow these specific
guidelines to produce scannable vouchers strictly for lockbox purposes. Also see Exhibit A.
• The total depth must be 3.25 inches.
• The scan line must be 0.5 inch from the bottom edge and 1.75 inches from the left edge of the
voucher and left justified.
• Software developers’ vouchers must be 8.5 inches wide (instead of 8 inches with a cut line).
Therefore, no vertical cut line is required.

October 28, 2024 1040 Bulletin No. 2024–44
• Scan line positioning must be exact.
• Do not use the over-the-counter format voucher and add the scan line to it.
• All scanned data must be in 12-point OCR A font.
• The 4-digit NACTP ID code or IRS source code should be placed under the box designated
for the payment dollar amount.
• Windowed envelopes must not display the scan line in order to avoid disclosure and privacy
issues.
Note. All software developers must ensure that their software uses OCR A font so taxpayers will
be able to print the vouchers in the correct font.
2.3.8
Specific Line Positions
Follow these line specifications for entering taxpayer data in the lockbox vouchers.
Start RowStart ColumnWidthEnd Column
Line Specifications for Taxpayer Data:
Taxpayer Name5663641
Taxpayer Address, Apt.5763641
Taxpayer City, State, ZIP5863641
Foreign Country Name5963641
Foreign Province/County6061722
Foreign Postal Code60261641
Line Specifications for Mail-To Data:
Mail Name56433880
Mail Address57433880
Mail City, State, ZIP58433880
Line Specifications for:
Scan Line6326n/an/a
2.3.9
How
To Get Approval
Send an approval sheet with each form type for IRS signature to Jason Lane at Jason.L.Lane@irs.
gov. You should include in the email an example of each type of voucher the site will be testing.
Note. Do not mail any test vouchers to Jason Lane.
You are required to send 25 voucher samples of each form in PDF format by December 6, 2024.
You should email the test vouchers to raul.t.mariduena@jpmorgan.com. You can also print the
vouchers and send them to his mailing address at:
JP Morgan Chase
Attn: Raul Mariduena
830 Tyvola Road, Suite 114
Charlotte, NC 28217
For further information, contact Jason Lane at Jason.L.Lane@irs.gov, or at 559-550-8740 (not
toll free).

Bulletin No. 2024–44 1041 October 28, 2024
Section 2.4 – Restrictions on Changes
2.4.1
What
You Cannot Do
to Forms Suitable for
Substitute Tax Forms
You cannot, without prior IRS approval, change any IRS tax form or use your own (nonapproved)
versions including graphics, unless specifically permitted by this revenue procedure. See Sections
2.5.7 through 2.5.11.
You cannot adjust any of the graphics on Form 1040 or 1040-SR (except in those areas specified
in Part 5 of this revenue procedure) without prior approval from the Program.
You cannot rearrange or redistribute data entry fields, and/or allow data entry fields to flow from
one page onto the next (that is, each page of a substitute form must contain the exact number of
data entry fields as there are on the official IRS form). The order of information on the substitute
form must be identical to the IRS version of the form. Publications for specific substitute forms
will state allowances for those respective forms.
Note. The 20-business-day turnaround policy may not apply to extensive changes.
Section 2.5 – Guidelines for Obtaining IRS Approval
2.5.1
Basic Requirements
Preparers who submit substitute privately designed, privately printed, computer-generated, or
computer-prepared tax forms must develop these substitutes using the guidelines established in
this part. These forms, unless there is an exception outlined by this revenue procedure, must be
approved by the IRS before being filed.
2.5.2
Conditional Approval
Based on Advance Drafts
The IRS cannot grant final approval of your substitute form until the official form has been
published. However, the IRS posts advance draft forms on its website at https://www.irs.gov/
draftforms.
Submission of proposed substitutes of these advance draft forms is encouraged, and conditional
approval will be granted based solely on these early drafts. These advance drafts are subject to
significant change before forms are finalized. If these advance drafts 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. These revisions need not be resubmitted for further approval.
Note. Approval of forms based on advance drafts will not be granted after the final version of an
official form is published.
2.5.3
Submission Procedures
Follow these general guidelines when submitting substitute forms for approval.
• Any alteration of forms must be within the limits acceptable to the IRS. It is possible that,
from one filing 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.

October 28, 2024 1042 Bulletin No. 2024–44
• When approval of any substitute form (other than those exceptions specified in Part 1, Sec-
tion 1.2) is requested, a sample of the proposed substitute form should be emailed for consid-
eration to the Program at the address shown in Section 1.2.1.
• Schedules and forms (for example, Forms 3468, 4136, etc.) that can be used with more than one type
of return (for example, Forms 1040, 1040-SR, 1041, 1120, etc.) should be submitted only once for
approval, without regard to the number of different tax returns with which they may be associated.
Also, all pages of multi-page forms or returns should be submitted in the same package.
2.5.4
Appr
oving Offices
Because only the Program is authorized to approve substitute forms, unnecessary delays may
occur if forms are sent to the wrong office. You may receive an interim letter about the delay.
The Program may then coordinate the response with the originator responsible for revising that
particular form. Such coordination may include allowing the originator to officially approve the
form. No IRS office is authorized to allow deviations from this revenue procedure.
2.5.5
IRS Review of Software
Programs, etc.
The IRS does not review or approve the logic of specific software programs, nor does the IRS
confirm the calculations on the forms produced by these programs. The accuracy of the program
remains the responsibility of the software package developer, distributor, or user.
The Program is primarily concerned with the pre-filing quality review of the final forms that are
expected to be processed by IRS field offices. For this purpose, you should submit forms without
including any taxpayer information such as names, addresses, monetary amounts, etc.
If the software used is programmed to produce copies with populated fields, then you must use dummy
information. This will allow the Program to review and provide feedback or approval. Vendors should
use “0” for all number values and “X” for any information that requires alpha characters.
2.5.6
When To Send Proposed
Substitutes
Proposed substitutes, which are required to be submitted per this revenue procedure, should be
sent as much in advance of the filing period as possible. This is to allow adequate time for analysis
and response.
2.5.7
Accompanying Statement
When submitting sample substitutes, you should include an accompanying statement that lists each
form number and its changes from the official form (position, arrangement, appearance, line numbers,
additions, deletions, etc.). With each of the items, you should include a detailed reason for the change.
When requesting approval, include a checksheet. Checksheets expedite the approval process. The
checksheet may look like the example in Exhibit B displayed in the back of this revenue procedure
or may be one of your own design. Include your email address on the checksheet.
2.5.8
Approval/Nonapproval
Notice
The Program will email the checksheet or an approval letter to the originator, unless:
• The requester has asked for a formal letter, or
• Significant corrections to the submitted forms are required.

Bulletin No. 2024–44 1043 October 28, 2024
Notice of approval may impose qualifications before using the substitutes. Notices of unapproved
forms may specify the changes required for approval and require resubmission of the form(s) in
question. When appropriate, you will be contacted by telephone.
2.5.9
Duration
of Approval
Most signature tax returns and many of their schedules and related forms have the tax year printed
in the upper right corner. Approvals for these annual forms are usually good for 1 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.
Because changes are usually made to an annual form every year, each new filing season generally
requires a new submission of a substitute form. Very rarely is updating the preprinted year the
only change made to an annual form. However, if no significant content, formatting, or layout
changes were made to a tax form, then review and approval received for the prior tax year can be
carried over into the current tax year.
2.5.10
Limited Continued Use of
an Approved Change
Limited changes approved for one tax year may be allowed for the same form in the following
tax year. Examples are the use of abbreviated words, revised form spacing, compressed text lines,
shortened captions, etc., which do not change the integrity of lines or text on the official forms.
If the vendor or filer makes substantial changes to the form, new substitutes must be submitted
for approval. If the vendor or filer makes only minor editorial changes to the form, or makes any
changes that mirror changes the IRS makes to the form’s official version, the new substitute does
not need to be submitted for approval. It is the responsibility of each vendor who has been granted
permission to produce substitute forms to monitor and revise forms to mirror any revisions to the
official forms made by the IRS. If there are any questions, contact the Program.
2.5.11
When Approval Is Not
Required
If you received approval for a specific change on a form last year, you may make the same change
this year if the item is still present on the official form.
• The new substitute form does not have to be submitted to the IRS and approval based on that
change is not required.
• However, the new substitute form must conform to the official current year IRS form in
other respects, such as 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.
• The new substitute form must also comply with changes to the guidelines in this revenue
procedure. This revenue procedure may have eliminated, added to, or otherwise changed the
guideline(s) that affected the change approved in the prior year.
• An approved change is authorized only for the period from a prior tax year substitute form to
a current tax year substitute form.
Exception. Forms with temporary, limited, or interim approvals (or with approvals that state a
change is not allowed in any other tax year) are subject to review in subsequent years.

October 28, 2024 1044 Bulletin No. 2024–44
2.5.12
Required Copies
Generally, you must send us one copy of each form being submitted for approval. However, if
you are producing forms for different computer platforms (for example, Microsoft vs. Apple),
different tax preparation software (for example, TurboTax® vs. TaxSlayer®), or different types
of printers (for example, inkjet vs. impact), and these forms differ significantly in appearance,
submit one copy for each type of platform, tax preparation software, or printer.
2.5.13
Requestor’s Responsibility
Following receipt of an initial approval for a substitute forms package or a software output
program to print substitute forms, it is the responsibility of the originator (designer or distributor)
to provide client firms or individuals with forms that meet the IRS’s requirements for continuing
acceptability. Examples of this responsibility include:
• Using the prescribed print paper, font size, legibility, state tax data deletion, etc.; and
• Informing all users of substitute forms of the legal requirements of the Paperwork Reduction
Act Notice, which is generally found in the instructions for the official IRS forms.
2.5.14
Sour
ce Code
The Program will assign a unique source code to each firm that submits substitute forms for
approval. This source code will be a permanent identifier that must be used on every submission
by a particular firm.
The source code consists of three alpha characters and should generally be printed under or to the
left of the “Paperwork Reduction Act” statement. Vendors must ensure that the source code is not
printed too close to or within the left or bottom 0.5-inch margin to avoid the source code from
being cut off during printing.
Section 2.6 – Office of Management and Budget (OMB) Requirements for All Substitute Forms
2.6.1
OMB
Requirements for All
Substitute Forms
There are legal requirements of the Paperwork Reduction Act of 1995 (the Act). Public Law 104-
13 requires the following.
• OMB approves all IRS tax forms that are subject to the Act.
• Each IRS form contains (in the upper right corner) the OMB number, if assigned.
• Each IRS form (or its instructions) states why the IRS needs the information, how it will be
used, and whether or not the information is required to be furnished to the IRS.
This information must be provided to every user of official or substitute IRS forms or instructions.
2.6.2
Application of the
Paperwork
Reduction Act
On forms that have been assigned OMB numbers:
• All substitute forms must contain in the upper right corner the OMB number that is on the
official form, and
• The required format is: OMB No. 1545-XXXX (preferred) or OMB # 1545-XXXX (accept-
able).

Bulletin No. 2024–44 1045 October 28, 2024
2.6.3
Required Explanation to
Users
You must inform the users of your substitute forms of the IRS use and collection requirements
stated in the instructions for official IRS forms.
• If you provide your users or customers with the official IRS instructions, each form must
retain either the Paperwork Reduction Act Notice (or Disclosure, Privacy Act, and Paperwork
Reduction Act Notice), or a reference to it as the IRS does on the official forms (usually in the
lower left corner of the forms).
• This notice reads, in part, “We ask for tax return information to carry out the tax laws of the
United States. . . .”
Note. If no IRS instructions are provided to users of your forms, the exact text of the Paperwork
Reduction Act Notice (or Disclosure, Privacy Act, and Paperwork Reduction Act Notice) must be
furnished separately or on the form.
2.6.4
Finding the OMB Number

and Paperwork Reduction
Act Notice
The OMB number and the Paperwork Reduction Act Notice, or references to it, may be found
printed on an official form (or its instructions). The number and the notice are included on the
official paper format and in other formats produced by the IRS.
Part 3
Physical Aspects and Requirements
Section 3.1 – General Guidelines for Substitute Forms
3.1.1
General Information
The official form is the standard. Because a substitute form is a variation from the official form,
you should know the requirements of the official form for the year of use before you modify it to
meet your needs. To obtain the most frequently used tax forms, go to https://www.irs.gov/forms.
3.1.2
Design
Each form must follow the design of the official form as to format arrangement, item caption, line
numbers, line references, and sequence.
3.1.3
State Tax Information
Prohibited
Generally, state tax information must not appear on the federal tax return, associated form, or
schedule that is filed with the IRS. Exceptions occur when amounts are claimed on, or required
by, the federal return (for example, state and local income taxes on Schedule A (Form 1040)).
3.1.4
V
ertical Alignment of
Amount Fields
IF a form is to be...THEN...
manually prepared and the official
IRS form still has a separate cents
entry field
1.the entry column must have a vertical line or some
type of indicator in the amount field to separate
dollars from cents, and
2. the cents column must be at least 0.3 inch wide.

October 28, 2024 1046 Bulletin No. 2024–44
IF a form is to be...THEN...
computer generated1. vertically align the amount entry fields where pos-
sible, and
2. use one of the following amount formats.
a) 0,000,000.
b) 0,000,000.00.
computer prepared1. you may remove the vertical line in the amount field
that separates dollars from cents, and
2. use one of the following amount formats.
a) 0,000,000.
b) 0,000,000.00.
3.1.5
Attachment Sequence
Number
Many individual income tax forms have a required “attachment sequence number” located just
below the year designation in the upper right corner of the form. The IRS uses this number to
indicate the order in which forms are to be attached to the tax return for processing. Some of the
attachment sequence numbers may change from year to year.
The following apply to computer-prepared forms.
• The sequence number may be printed in no less than 12-point boldface type and centered
below the form’s year designation.
• The sequence number may also be placed following the year designation for the tax form and
separated with an asterisk.
• The actual number may be printed without labeling it the “Attachment Sequence Number.”
3.1.6
Assembly of Forms
When developing software or forms for use by others, inform your customers/clients that the
order in which the forms are arranged may affect the processing of the package. A return must be
arranged in the order indicated below.
IF the form is...THEN the sequence is...
1040 or 1040-SR
• Form 1040 or 1040-SR, and schedules and forms in attachment
sequence number order.
any other tax return
(Form 1120, 1120-S,
1065, 1041,
etc.)
• the tax returns, directly associated schedules (Schedule D,
etc.), directly associated forms, additional schedules in alpha-
betical order, and additional forms in numerical order.
Supporting statements should then follow in the same sequence as the forms they support.
Additional information required should be attached last.
In this way, the forms are received in the order in which they must be processed. If you do not send
returns to the IRS in order, processing may be delayed.

Bulletin No. 2024–44 1047 October 28, 2024
3.1.7
Paid Preparer’s
Information and Signature
Area
On Forms 1040, 1040-SR, and 1120, and any other applicable tax forms, the “Paid Preparer Use
Only” area may not be rearranged or relocated. You may, however, add three extra lines to the
paid preparer’s address area, and remove the horizontal rules in that area without prior approval.
3.1.8
Some Common Reasons
for Requiring Changes to
Substitute Forms
Some reasons that substitute form submissions may require changes include the following.
• Shading areas incorrectly.
• Failing to include a reference to the location of the Paperwork Reduction Act Notice.
• Not including parentheses for losses.
• Not including “Attach Statement” when appropriate.
• Including line references or entry spaces that do not match the official form.
• Printing text that is different from the official form.
• Altering the jurat (perjury statement).
• Having an incorrect OMB number.
• Including the IRS catalog number (Cat. No.) on the form.
• Failing to include preprinted amounts in entry fields.
• Missing IRS source code or NACTP software ID.
• Missing 3-letter FFF code on paper Form 1040 from tax software companies that participate
in the IRS Free File Program.
• Incorrect dimensions.
Section 3.2 – Paper
3.2.1
Paper
Content
The 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 (17′′ x 22′′, 500 sheets), or
• At least 50 pound offset book (25′′ x 38′′, 500 sheets).
3.2.2
Paper
With Chemical
Transfer Properties
There are several kinds of paper prohibited for substitute forms. These are:
1. Carbon-bonded paper, and
2. Chemical transfer paper except when the following specifications are met.
a. Each ply within the chemical transfer set of forms must be labeled.

October 28, 2024 1048 Bulletin No. 2024–44
b. 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 IRS.
Example. A set containing three plies would be constructed as follows: ply one (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 margin (just below the last line of the form) in 12-point boldface type.
It is not mandatory, but recommended, that the file designation “Federal Return, File with IRS” be
printed in a contrasting ink for visual emphasis.
3.2.3
Paper
and Ink Color
It is preferred that the color and opacity of paper substantially duplicate that of the original form.
This means that your substitute must be printed in black ink and may be on white paper or on the
colored paper the IRS form is printed on. Form 1040 or 1040-SR substitute reproductions may be
in black ink without the colored shading. The only exception to this rule is Form 1041-ES, which
should be printed with a PMS 100 yellow shading in the color-screened area. This is necessary to
assist us in expeditiously separating this form from the very similar Form 1040-ES.
3.2.4
Page Size
Substitute or reproduced forms and computer-prepared/-generated substitutes may be the same
size as the official form or they may be the standard commercial size (8.5′′ x 11′′). The thickness
of the stock cannot be less than 0.003 inch.
Section 3.3 – Printing
3.3.1
Printing Medium
The private printing of all substitute tax forms must be by conventional printing processes,
photocopying, computer graphics, or similar reproduction processes.
3.3.2
Legibility
All forms must have a high standard of legibility as to printing, reproduction, and fill-in matter.
Entries of taxpayer data may be no smaller than 8 points. The IRS 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
standard must be followed for any subsequent copies or reproductions made from an approved
master substitute form, either during preparation or during IRS processing.
3.3.3
Type Font
Many federal tax forms are printed using Helvetica as the basic type font. It is preferred that you
use this type font when composing substitute forms.

Bulletin No. 2024–44 1049 October 28, 2024
3.3.4
Print Spacing
Substitute forms should be printed using a 6 lines/inch vertical print option. They should also be
printed horizontally in 10-pitch pica (that is, 10 print characters per inch) or 12-pitch elite (that is,
12 print positions per inch).
3.3.5
Image Size
The image size of a 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.
3.3.6
Title Area Changes
To 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 photographically reduced by 40% or reset as one line of type. When reset as one line, the
type size may be no smaller than 14 points. You may omit “Department of the Treasury—Internal
Revenue Service” and all references to instructions in the form’s title area.
3.3.7
Remove Government
Publishing Office (GPO)
Symbol and IRS Catalog
Number
When privately printing substitute tax forms, the GPO symbol and/or jacket number must be
removed. In the same place using the same type size, print the EIN of the printer or designer, or
the IRS-assigned source code. (Preferably, this last number should be printed in the lower left area
of the first page of each form.) Also, remove the IRS catalog number (Cat. No.) and the recycle
symbol if the substitute is not produced on recycled paper.
3.3.8
Printing Single-Page Forms
Substitute single-page forms should be reproduced the same as IRS single-page forms. Other
forms or schedules should not be printed on the back or on blank portions of a single-page form.
However, printing instructions on the back or on blank portions of a single-page form is acceptable.
3.3.9
Photocopy Equipment
The IRS does not undertake to approve or disapprove the specific equipment or process used in
reproducing official forms. Photocopies of forms must be entirely legible and satisfy the conditions
stated in this and other revenue procedures.
3.3.10
Reproductions
Reproductions of official forms and substitute forms that do not meet the requirements of this
revenue procedure may not be filed instead of the official forms. Illegible photocopies are subject
to being returned to the filer for resubmission of legible copies.
3.3.11
Removal of Instructions
Generally, you may remove references to instructions. No prior approval is needed. However, in
some instances, you may be requested to include references to instructions.
Exception. The words “For Paperwork Reduction Act Notice, see instructions” must be retained,
or a similar statement indicating the location of the Notice must be provided on each form.
Section 3.4 – Margins

October 28, 2024 1050 Bulletin No. 2024–44
3.4.1
Margin Size
The format of a reproduced tax form 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
necessary entries on the form during processing.
• A 0.5-inch to 0.25-inch margin must be maintained across the top, bottom, and both sides of
all substitute forms.
• The marginal, perforated strips containing pin-fed holes must be removed from all forms
prior to filing with the IRS.
3.4.2
Marginal Printing
Prior approval is not required for the marginal printing allowed when printed on an official form
or on a photocopy of an official form.
• With the exception of the actual tax return forms (for example, Forms 1040, 1040-SR, 1120,
940, 941, etc.), you may print in the left vertical margin and in the left half of the bottom
margin.
• Printing is never allowed in the top right margin of the tax return form (for example, Forms
1040, 1040-SR, 1120, 940, 941, etc.). The IRS uses this area to imprint a Document Locator
Number for each return. There are no exceptions to this requirement.
Section 3.5 – Miscellaneous Information for Substitute Forms
3.5.1
Filing Substitute Forms
To be acceptable for filing, a substitute form must print out in a format that will allow the filer to
follow the same instructions that accompany official forms.The form must be legible, must be on
the appropriately sized paper, and must include a jurat (perjury statement) where one appears on
the published form.
3.5.2
Caution to Softwar
e
Publishers
The IRS has received returns produced by software packages with approved output where either
the form heading was altered or the lines were spaced irregularly. This produces an illegible or
unrecognizable return or a return with the wrong number of pages. While many of these problems
are caused by individual printer differences, 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 professional, stress that their returns will be processed more
efficiently if they are properly formatted. This includes:
• Having the correct form numbers, six-digit form identifying numbers, and titles at the top of
the returns; and
• Submitting the same number of pages as if the form were an official IRS form with the line
items on the proper pages.
3.5.3
Caution to Pr
oducers of
Software Packages
If you are producing a software package that generates name and address data onto the tax return,
do not, under any circumstances, program either the IRS preprinted check digits or a practitioner-
derived name control to appear on any return prepared and filed with the IRS.

Bulletin No. 2024–44 1051 October 28, 2024
3.5.4
Programming to Print
Forms
Whenever applicable:
• Use only the following label information format for single filers: JOHN Q. DOE 000 OAK
DRIVE HOMETOWN, STATE 00000;
• Use only the following label information format for joint filers: JOHN Q. DOE MARY Q.
DOE 000 OAK DRIVE HOMETOWN, STATE 00000; and
• Use “0” for number values and “X” for alpha characters entered in data entry fields as dummy copy.
Part 4
Additional Resources
Section 4.1 – Guidance From Other Revenue Procedures
4.1.1
General
The IRS publications listed below provide guidance for substitute tax forms not covered in this
revenue procedure. These publications are available on the IRS website. Use the publication
number listed below to search for the requested document.
• Pub. 1141, General Rules and Specifications for Substitute Forms W-2 and W-3.
• Pub. 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498,
and Certain Other Information Returns.
• Pub. 1223, General Rules and Specifications for Substitute Forms W-2c and W-3c.
• Pub. 4436, General Rules and Specifications for Substitute Form 941, Schedule B (Form
941), Schedule D (Form 941), Schedule R (Form 941), and Form 8974.
• Pub. 5223, General Rules and Specifications for Affordable Care Act Substitute Forms 1095-
A, 1094-B, 1095-B, 1094-C, and 1095-C.
Section 4.2 – Electronic Tax Products
4.2.1
The
IRS Website
Copies of tax forms and their instructions, publications, fillable forms, and prior year forms and
publications may be found on the IRS website at https://www.irs.gov/forms.
Draft forms and instructions may be found at https://www.irs.gov/draftforms.
Other tax-related information may be found at https://www.irs.gov/.
4.2.2
System Requirements
and Ordering Forms and
Instructions
For system requirements, contact the National Technical Information Service (NTIS) at https://
www.ntis.gov. Prices are subject to change.
You can order IRS forms and other tax material at https://www.irs.gov/orderforms.

October 28, 2024 1052 Bulletin No. 2024–44
Part 5
Requirements for Specific Tax Returns
Section 5.1 – Tax Returns (Forms 1040, 1040-SR, 1120, etc.)
5.1.1
Acceptable Forms
Tax return forms (such as Forms 1040, 1040-SR, and 1120) require a signature and establish tax
liability. Computer-generated versions are acceptable under the following conditions.
• These substitute forms must be printed on plain white paper.
• Substitute forms must conform to the physical layout of the corresponding IRS form although
the typeface may differ. The text should match the text on the officially published form as
closely as possible. Condensed text and abbreviations will be considered on a case-by-case
basis. Caution. All jurats (perjury statements) must be reproduced verbatim. No text can be
added, deleted, or changed in meaning.
• Various computer graphic print media such as laser printing, inkjet printing, etc., may be used
to produce the substitute forms.
• The substitute form must be the same number of pages and contain the same text on the lines
as the official form.
• All substitute forms must be submitted for approval prior to their original use. You do not
need approval for a substitute form if its only change is the preprinted year and you had
received a prior year approval letter. Exception. If the approval letter specifies a one-time
exception for your form, the next year’s form must be approved.
5.1.2
Pr
ohibited Forms
The following are prohibited.
• Computer-generated tax forms (for example, Form 1040, 1040-SR, etc.) on lined or col-
or-barred paper.
• Tax forms that differ from the official IRS forms in a manner that makes them nonstandard or
unable to process.
5.1.3
Changes Permitted to

Form 1040
Certain changes (listed in Section 5.2) are permitted to the graphics of the form without prior
approval, but these changes apply to only acceptable preprinted forms. Changes not requiring
prior approval are good only for the annual filing period, which is the current tax year. Such
changes are valid in subsequent years only if the official form does not change.
5.1.4
Other Changes Not Listed
All changes not listed in Section 5.2 require approval from the IRS before the form can be filed.
Section 5.2 – Changes Permitted to Graphics (Form 1040 or 1040-SR)

Bulletin No. 2024–44 1053 October 28, 2024
5.2.1
Adjustments
You 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 if the
adjustments comply with other provisions stated in revenue procedures. No prior approval is
needed for these changes.
Schedules 1–3 cannot be combined for filing purposes. For the client copy of the return, the
numbered schedules may be printed two to a page (for example, Schedule 3 below Schedule 2, if
both are completed as part of the return). If numbered schedules are combined on the client copy,
it must include a statement that it is “Not for Filing.”
5.2.2
Name and Address Area
The horizontal rules and instructions within the name and address area may be removed and the
entire area left blank. No line or instruction can remain in the area. The heavy-ruled border (when
present) that outlines the name, address area, and SSN must not be removed, relocated, expanded,
or contracted.
5.2.3
Required Format
When the name and address area is left blank, the following format must be used when printing
the taxpayer’s name and address.
• 1st name line (35 characters maximum).
• 2nd name line (35 characters maximum).
• In-care-of name line (35 characters maximum).
• City, state (25 characters maximum), one blank character, and ZIP code.
5.2.4
Conventional Name and
Addr
ess Data
When there is no in-care-of name line, the name and address will consist of only three lines (single
filer) or four lines (joint filer).
Example of joint filer. Name and address (joint filer) with no in-care-of name line:
JOHN Q. DOE
MARY Q. DOE
000 ANYWHERE ST., APT. 000
ANYTOWN, STATE 00000
Example of in-care-of name line. Name and address (single filer) with in-care-of name line:
JOHN Q. DOE
C/O JOHN R. DOE
0000 SOMEWHERE AVE.
SAMETOWN, STATE 00000
5.2.5
SSN and EIN Area
The broken vertical lines separating the format arrangement of the SSN/EIN may be removed.
When the vertical lines are removed, the SSN and EIN formats must be 000-00-0000 or
00-0000000, respectively.

October 28, 2024 1054 Bulletin No. 2024–44
5.2.6
Entering Cents
• You may remove the vertical rule that separates the dollars from the cents if it is still included
on the official IRS form.
• 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 form instructions.
• When several amounts are added together, the total should be rounded off after addition (that
is, individual amounts should not be rounded off for computation purposes).
• When printing money amounts, you must use one of the following formats: (a) 0,000,000; or
(b) 0,000,000.00.
• When there is no entry for a line, leave the line blank.
5.2.7
Changes to Lines
No prior approval is needed for the following changes (for use with computer-prepared forms
only). Specific line numbers in the following headings may have changed due to tax law changes.
5.2.8
Dependents on Form 1040
The vertical lines separating columns (1) through (4) may be removed. The captions may be
shortened to allow a one-line caption for each column.
5.2.9
Other Lines
Any other line with text that takes up two or more vertical lines may be compressed to one line by
using contractions, etc., and by removing instructional references.
5.2.10
Form 1040 – Tax
You may change the line caption to read “Tax” and computer print the words “Total includes tax
from” and either “Form(s) 8814” or “Form 4972” or “962 election.” If both forms are used, print
both form numbers. This specific line number may have changed.
5.2.11
Color Screening
It is not necessary to duplicate the color screening used on the official form. A substitute Form
1040 or 1040-SR may be printed in black and white only with no color screening.
5.2.12
Other Changes Prohibited
No other changes to the Form 1040 or 1040-SR graphics are permitted without prior approval
except for the removal of instructions and references to instructions.

Bulletin No. 2024–44 1055 October 28, 2024
Part 6
Format and Content of Substitute Returns
Section 6.1 – Acceptable Formats for Substitute Forms and Schedules
6.1.1
Exhibits and Use of
Acceptable Formats
Exhibit A is an acceptable format for Form 1040-ES.
• If your computer-generated Form 1040-ES appears exactly like Exhibit A, no prior authoriza-
tion is needed.
• You may computer-generate forms not shown here, but you must design them by following
the manner and style discussed in Part 3.
• Take care to observe the other requirements and conditions in this revenue procedure. The
IRS encourages the submission of all proposed forms covered by this revenue procedure.
6.1.2
Instructions
The format of each substitute form or schedule must follow the format of the official form or
schedule 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 not use alpha or numeric characters for these purposes.
All line numbers and items must be printed even though an amount is not entered on the line.
6.1.3
Line Numbers
When 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 text
of each line and immediately preceding the data entry field, even if no reference code precedes
the data entry field on the official form. If an entry field contains multiple lines and shows the line
references once on the left and right sides of the form, use the same number of line references on
the substitute form.
In addition, the reference code that is immediately before the data field must either be followed
by a period or enclosed in parentheses. There must also be at least two blank spaces between the
period or the right parenthesis and the first digit of the data field. (See Section 6.1.4.)
6.1.4
Decimal Points
A decimal point (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 and local taxes
a State and local income taxes.....................5a.000.00
b State and local real estate taxes................5b.
c State and local personal property taxes....5c.000.00

October 28, 2024 1056 Bulletin No. 2024–44
or
a State and local income taxes.....................(5a)000.00
b State and local real estate taxes................(5b)
c State and local personal property taxes....(5c)000.00
6.1.5
Multi-Page Forms
When submitting a multi-page form, send all its pages in the same package. If you will not be
producing certain pages, note that in your cover letter.
Section 6.2 – Additional Instructions for All Forms
6.2.1
Use of
Your Own Internal
Control Numbers and
Identifying Symbols
You may show the computer-prepared internal control numbers and identifying symbols on the
substitute form if using such numbers or symbols is acceptable to the taxpayer and the taxpayer’s
representative. Such information must not be printed in the top 0.5-inch clear area of any form or
schedule requiring a signature. Except for the actual tax return form (Forms 1040, 1040-SR, 1120,
940, 941, etc.), you may print in the left vertical and bottom left margins. The bottom left margin
you may use extends 3.5 inches from the left edge of the form. You may print internal control
numbers in place of the removed IRS catalog number.
6.2.2
Required Software ID
Number (Source Code)
on Computer-Prepared
Substitutes
In the February 2009 Government Accountability Office (GAO) report, “Many Taxpayers
Rely on Tax Software and IRS Needs to Assess Associated Risks” (GAO-09-297), the GAO
recommended that the IRS require a software identification number on all individual returns to
specifically identify the software package used to prepare each tax return. The IRS already has
this capability for all e-filed returns. In addition, many tax preparation software firms already
print an IRS-issued 3-letter source code on paper returns that are generated by their individual tax
software. This source code was assigned when the firms were seeking substitute forms approval
under this current publication.
In order to follow this GAO recommendation, the IRS will require that all tax preparation software
firms include the 3-letter source code on all paper tax returns created by their individual tax
preparation software. The many firms that currently have and display their source codes on paper
returns generated from their software should continue to do so, and no change is necessary.
We have reviewed all software companies that passed Assurance Testing System (ATS) testing
last filing season and have determined that some firms do not currently have source codes. To
save you the burden of contacting us and for your convenience, we have assigned source codes
to those firms.
You should program your source code to be placed in the bottom left-hand corner of page one of
each paper form that will be generated by your individual tax return package. You do not need to
apply for a new source code annually.
If you already use a 3-letter source code and we have issued you one in error, you are unsure if
you were ever issued one, or you have other questions or concerns, you may contact Tax Forms
and Publications Special Services Section at substituteforms@irs.gov.

Bulletin No. 2024–44 1057 October 28, 2024
The IRS requires tax preparation software firms that participate in the IRS Free File Program
include the 3-letter FFF code on all paper Form 1040 returns created by their individual tax
preparation software.
If you participate in the IRS Free File Program, you should program the 3-letter FFF code to
be placed in the bottom left-hand corner of the first page of each paper Form 1040 that will be
generated by your individual tax return package. The 3-letter FFF code and the 3-letter source
code should be placed next to each other for consistency. If placing the 3-letter FFF code and the
3-letter source code next to each other is not possible, then above or below will be acceptable.
Example. The 3-letter FFF code and the 3-letter source code could be BCA-FFF or BCA FFF. A
dash or a space is needed to separate the 3-letter FFF code and the 3-letter source code.
6.2.3
Descriptions for
Captions,
Lines, etc.
Descriptions for captions, lines, etc., appearing on the substitute forms may be limited to one print
line by using abbreviations and contractions, and by omitting articles, prepositions, etc. However,
sufficient keywords must be retained to permit ready identification of the caption, line, or item.
6.2.4
Determining Final Totals
Explanatory detail and/or intermediate calculations for determining final line totals may be
included on the substitute form. Preferably, such calculations should be submitted in the form of a
supporting statement. If intermediate calculations are included on the substitute form, the line on
which they appear may not be numbered or lettered. Intermediate calculations may not be printed
in the right column. This column is reserved only for official numbered and lettered lines that
correspond to the ones on the official form. Generally, you may choose the format for intermediate
calculations or subtotals on supporting statements to be submitted.
6.2.5
Instructional Text on the
Official Form
Text on the official form, which is solely instructional (for example, “See instructions,” etc.), may
generally be omitted from the substitute form.
6.2.6
Intermingling Is Prohibited
Showing more than one form or schedule on the same printout page is prohibited. Both sides of
the paper may be used for multi-page forms, but it is unacceptable to intermingle forms.
For instance, Schedule E can be printed on both sides of the paper because the official form is
multi-page, with page 2 continued on the back. However, do not print Schedule E on the front
page and Schedule SE on the back page, or Schedule A on the front and Form 8615 on the back,
etc. Both pages of a substitute form must match the official form. The back page may be left blank
if the back page of the official form contains only the instructions.
6.2.7
Identifying Substitutes
Identify all computer-prepared substitutes clearly. Print the form designation 0.5 inch from the top
margin and 1.5 inches from the left margin. Print the title centered on the first line of print. Print
the tax year and, where applicable, the sequence number on the same line 0.5 inch to 1 inch from
the right margin. Include the taxpayer’s name and SSN on all forms and attachments. Also, print
the OMB number as reflected on the official form.

October 28, 2024 1058 Bulletin No. 2024–44
Negative (or loss) amount entries should be enclosed in brackets or parentheses or include a minus
sign. This assists in accurate computation and input of form data. The IRS preprints parentheses
in negative data fields on many official forms. These parentheses should be retained or inserted on
printouts of affected substitute forms.
Part 7
Miscellaneous Forms and Programs
Section 7.1 – Specifications for Substitute Schedules K-1
Because of significant changes to improve processing, prior approval is now required for substitute
Schedules K-1 that accompany Form 1041 (for estates and trusts), Form 1065 (for partnerships), or
Form 1120-S (for S corporations). Substitute Schedules K-1 should be as close as possible to exact
replicas of the official IRS schedules and follow the same process for submitting other substitute
forms and schedules. Before releasing their substitute forms, software vendors are responsible for
making any subsequent changes that have been made to the final official IRS forms after the draft
forms have been posted.
Submit substitute Schedule K-1 forms, in PDF format, to scrips@irs.gov for scannability
acceptance. Schedule K-1 forms that require testing do not need to be mailed to the Program. You
must include information on the substitute forms that can be tested. This information should be
dummy information. Use an “X” for alpha characters and “0” for numbers. The IRS will review
and provide feedback of any changes needed so that your forms can be recognized correctly.
Include the 6-digit form ID code in the upper right of Schedules K-1 of Forms 1041, 1065, and
1120-S. Allow at least 0.25 inch of white space around the 6-digit code.
• 661117 for Form 1041.
• 651123 for Form 1065.
• 671124 for Form 1120-S.
Schedules K-1 that accompany Forms 1041, 1065, or 1120-S must meet all specifications. The
specifications include, but are not limited to, the following requirements.
• You will no longer be able to produce Schedules K-1 that contain only those lines or boxes
that taxpayers are required to use. All lines must be included.
• The words “* See attached statement for additional information.” must be preprinted in the
lower right-hand side on Schedules K-1 of Forms 1041, 1065, and 1120-S.
• All Schedules K-1 that are filed with the IRS should be printed on commercial standard size
(8.5′′ x 11′′) paper (the international standard (A4) of 8.27′′ x 11.69′′ may be substituted).
• 10-point Helvetica Light Standard is preferred for all entries that are typed or made using a
computer.
• Submissions should include the IRS source code or NACTP vendor ID code printed on the
lower left corner of the form or in place of the IRS catalog number.
6.2.8
Negative Amounts
7.1.1
Requirements for Schedules
K-1 That Accompany
Forms 1041, 1065, and
1120-S

Bulletin No. 2024–44 1059 October 28, 2024
• Each recipient’s information must be on a separate sheet of paper. Therefore, you must sepa-
rate all continuously printed substitutes, by recipient, before filing with the IRS.
• No carbon copies or pressure-sensitive copies will be accepted.
• The Schedule K-1 must contain the name, address, and SSN or EIN of both the entity (estate,
trust, partnership, or S corporation) and the recipient (beneficiary, partner, or shareholder).
• The Schedule K-1 must contain the tax year, the OMB number, the schedule number (K-1),
the related form number (1041, 1065, or 1120-S), and the official schedule name in substan-
tially the same position and format as shown on the official IRS schedule.
• The Schedule K-1 must contain all the line items as shown on the official form, except for the
instructions, if any are printed on the back of the official Schedule K-1.
• The line items or boxes must be in the same order and arrangement as those on the official form.
• The amount of each recipient’s share of each item must be shown. A partial percent should be
reflected as a decimal (for example, 50
1
/
2
% should be 50.5%). Furnishing a total amount of
each item and a percentage (or decimal equivalent) to be applied to such total amount by the
recipient does not satisfy the law and the specifications of this revenue procedure.
• State or local tax-related information may not be included on the Schedules K-1 filed with the
IRS.
The entity may have to pay a penalty if substitute Schedules K-1 are filed that do not conform to
specifications.
Additionally, the IRS may consider the Schedules K-1 that do not conform to specifications as
not being able to be processed and may return Form 1041, 1065, or 1120-S to the filer to be filed
correctly.
Schedules K-1 that are 2-D bar-coded will continue to require prior approval from the IRS. (See
Sections 7.1.3 through 7.1.5.)
Standardization for reporting information is required for recipient copies of substitute Schedules
K-1 of Forms 1041, 1065, and 1120-S. Uniform visual standards are provided to increase
compliance by allowing recipients and practitioners to more easily recognize a substitute Schedule
K-1. The entity must furnish to each recipient a copy of Schedule K-1 that meets the following
requirements.
• Include the 6-digit form ID code in the upper right of Schedules K-1 of Forms 1041, 1065,
and 1120-S. Allow white space around the 6-digit code.
– 661117 for Form 1041.
– 651123 for Form 1065.
– 671124 for Form 1120-S.
• You will no longer be able to produce Schedules K-1 that contain only those lines or boxes
that taxpayers are required to use. All lines must be included.
• The words “* See attached statement for additional information.” must be preprinted in the
lower right-hand side on Schedules K-1 of Forms 1041, 1065, and 1120-S.
7.1.2
Special Requirements
for Recipient Copies of
Schedules K-1

October 28, 2024 1060 Bulletin No. 2024–44
• The Schedule K-1 must contain the name, address, and SSN or EIN of both the entity and
recipient.
• The Schedule K-1 must contain the tax year, the OMB number, the schedule number (K-1),
the related form number (1041, 1065, or 1120-S), and the official schedule name in substan-
tially the same position and format as shown on the official IRS schedule.
• All applicable amounts and information required to be reported must be titled and numbered
in the same manner as shown on the official IRS schedule. The line items or boxes must be in
the same order and arrangement and must be numbered like those on the official IRS sched-
ule.
• The Schedule K-1 must contain all items required for use by the recipient. The instructions
for the schedule must identify the line or box number and code, if any, for each item as shown
on the official IRS schedule.
• The amount of each recipient’s share of each item must be shown. A partial percent should
be reflected as a decimal (for example, 50
1
/
2
% should be 50.5%). Furnishing a total amount
of each line item and a percentage (or decimal equivalent) to be applied to such total amount
by the recipient does not satisfy the law and the specifications of this revenue procedure.
• Instructions to the recipient that are substantially similar to those on or accompanying the
official IRS schedule must be provided to aid in the proper reporting of the items on the
recipient’s income tax return. Where items are not reported to a recipient because they do not
apply, the related instructions may be omitted.
• The quality of the ink or other material used to generate recipients’ schedules must produce
clearly legible documents. In general, black chemical transfer inks are preferred.
• In order to assure uniformity of substitute Schedules K-1, the paper size should be standard
commercial (8.5′′ x 11′′) (the international standard (A4) of 8.27′′ x 11.69′′ may be substi-
tuted).
• The paper weight, paper color, font type, font size, font color, and page layout must be such
that the average recipient can easily decipher the information on each page. The preferred
font is Helvetica and a minimum of 10-point font.
• State or local tax-related information may be included on recipient copies of substitute Sched-
ules K-1. All non-tax-related information should be separated from the tax information on the
substitute schedule to avoid confusion for the recipient.
• The legend “Important Tax Return Document Enclosed” must appear in a bold and conspic-
uous manner on the outside of the envelope that contains the substitute recipient copy of
Schedule K-1.
• The entity may have to pay a penalty if a substitute Schedule K-1 furnished to any recipient
does not conform to the specifications of this revenue procedure and results in impeding pro-
cessing.
Electronic filing is the preferred method of filing; however, 2-D bar code is the best alternative
method for paper processing.
In an effort to improve efficiency and increase data accuracy, the IRS partnered with the tax
software development community on a 2-D bar code project in 2003. Certain tax software
packages have been modified to generate 2-D bar codes on Schedules K-1. As a result, when
Schedules K-1 are printed using these programs, a bar code will print on the page.
7.1.3
Requirements for Schedules
K-1 With Two-Dimensional
(2-D) Bar Codes

Bulletin No. 2024–44 1061 October 28, 2024
Rather than manually transcribe information from the Schedule K-1, the IRS will scan the bar
code and electronically upload the information from the Schedule K-1. This will result in more
efficient operations within the IRS and fewer transcription errors for your clients.
Note. If software vendors do not want to produce bar-coded Schedules K-1, they may produce
the official IRS Schedules K-1 but cannot use the expedited process for approving bar-coded
Schedules K-1 and their parent returns as outlined in Section 7.1.6.
In addition to the requirements in Sections 7.1.1 and 7.1.2, the bar-coded Schedules K-1 must
meet the following specifications.
• The bar code should print in the space labeled “For IRS Use Only” on each Schedule K-1.
The entire bar code must print within the “For IRS Use Only” box surrounded by a white
space of at least 0.25 inch.
• Bar codes must print in PDF417 format.
• The bar codes must always be in the specified format with every field represented by at least a
field delimiter (carriage return). Leaving out a field in a bar code will cause every subsequent
field to be misread.
• Be sure to include the 6-digit form ID code in the upper right of Schedules K-1 of Forms
1041, 1065, and 1120-S. Allow white space around the 6-digit code.
– 661117 for Form 1041.
– 651123 for Form 1065.
– 671124 for Form 1120-S.
Follow these general specifications for preparing all 2-D bar-coded Schedules K-1.
• Numeric fields.
– Do not include leading zeros (except TINs, ZIP codes, and percentages).
– If negative value, the minus sign “–” must be present immediately to the left of the num-
ber and part of the 12-position field.
– Do not use non-numeric characters except that the literal “STMT” can be put in money
fields.
– All money fields should be rounded to the nearest whole dollar amount—if a money
amount ends in 00 to 49 cents, drop the cents; if it ends in 50 to 99 cents, truncate the
cents and increment the dollar amount by one. Use the same rounding technique for the
bar-coded and the printed Schedules K-1.
– All numeric-only fields are right justified (except TINs and ZIP codes).
• All field lengths are expressed as maximum lengths. If the value in the field has fewer posi-
tions or the software program does not support that many positions, put in the bar code only
those positions actually used.
• Alpha fields.
– Do not include leading blanks (left justified).
7.1.4
2-D Bar Code Specifications
for Schedules K-1

October 28, 2024 1062 Bulletin No. 2024–44
– Do not include trailing blanks.
– Use uppercase alpha characters only.
• Variable fields.
– Do not include leading blanks (left justified).
– Do not include trailing blanks.
– Use uppercase alpha characters, numerics, and special characters as defined in each field.
• Delimit each field with a carriage return.
• Express percentages as 6-digit numbers without the percent sign. Left justify with a leading
zero(s) (for percentages less than 100%) and no decimal point (decimal point is assumed
between 3rd and 4th positions). Examples: 25.32% expressed as “025320”; 105% expressed
as “105000”; 8.275% expressed as “008275”; 10.24674% expressed as “010247.”
• It is vital that the print routine reinitialize the bar code prior to printing each succeeding
Schedule K-1. Failure to do this will result in each Schedule K-1 for a parent return having
the same bar code as the document before it.
Prior to releasing commercially available tax software that creates bar-coded Schedules K-1, the
printed schedule and the bar code must both be tested. If your company is creating bar-coded
Schedules K-1, you must receive certification for both the printed Schedule K-1, as well as the bar
code, before offering your product for sale. Bar-code testing must be done using the final official
IRS Schedule K-1. Bar-code approval requests must be resubmitted for any subsequent changes
to the official IRS form that would affect the bar code. Below are instructions and a sequence of
events that will comprise the testing process.
• The IRS has released the final Schedule K-1 bar-code specifications by publishing them on
the IRS website (see https://www.irs.gov/e-file-providers/k-1-bar-code-certification-process).
• The IRS will publish a set of test documents that will be used to test the ability of tax prepa-
ration software to create bar codes in the correct format.
• Software developers will submit two identical copies of the test documents—one to the IRS
and one to a contracted testing vendor.
• The IRS will use one set to ensure the printed schedules comply with standard substitute
forms specifications.
• If the printed forms fail to meet the substitute forms criteria, the IRS will inform the software
developer of the reason for noncompliance.
• The software developer must resubmit the Schedule(s) K-1 until it passes the substitute forms
criteria.
• The testing vendor will review the bar codes to ensure they meet the published bar-code spec-
ifications.
• If the bar code(s) does not meet published specifications, the testing vendor will contact the
software developer directly, informing them of the reason for noncompliance.
• Software developers must submit new bar-coded schedules until they pass the bar-code test.
7.1.5
Approval Process for Bar-
Coded Schedules K-1

Bulletin No. 2024–44 1063 October 28, 2024
• When the bar code passes, the testing vendor will inform the IRS that the developer has
passed the bar-code test and the IRS will issue an overall approval for both the substitute form
and the bar code.
• After receiving this consolidated response, the software vendor is free to release software for
tax preparation as long as any subsequent revisions to the schedules do not change the fields.
• Find the mailing address for the testing vendor next in Section 7.1.6. Separate and simultane-
ous mailings to the IRS and the vendor will reduce testing time.
7.1.6
Pr
ocedures for Reducing
Testing Time
In order to help provide incentives to the software development community to participate in the
Schedule K-1 2-D project, the IRS has committed to expediting the testing of bar-coded Schedules K-1
and their associated parent returns. To receive this expedited service, follow the instructions below.
• Mail the parent returns (Forms 1041, 1065, 1120-S) and associated bar-coded Schedule(s)
K-1 to the appropriate address below in a separate package from all other approval requests.
Internal Revenue Service
Attn: K-1 Substitute Forms Analyst
SE:W:CAR:MP:T:T:SP
Room 6411
1111 Constitution Ave. NW
Washington, DC 20224
• Mail one copy of the parent form(s) and Schedule(s) K-1 to the IRS and another copy to the
testing vendor at the address below.
Leidos-IRS Paper and Remittance
Processing Support (PRPS II)
Attn: Dane Hawkins
9737 Washingtonian Blvd.
Gaithersburg, MD 20878
• Include multiple email and phone contact points in the packages.
• While the IRS can expedite bar-coded Schedules K-1 and their associated parent returns, it
cannot expedite the approval of nonassociated tax returns.
• Vendors are encouraged to go to https://www.nactp.org for compliance guidelines in regards
to file size and error-correction level.
• Submissions should include the IRS source code or NACTP vendor ID code printed on the
lower left corner of the form or in place of the IRS catalog number.
• If a change is made to the bar code after approval, be sure to increment the version number.
Section 7.2 – Guidelines for Substitute Forms 8655
7.2.1
Incr
eased Standardization
for Forms 8655
Increased standardization for reporting information on substitute Forms 8655 is now required to
aid in processing and for compliance purposes. Follow the guidelines in Section 7.2.2.

October 28, 2024 1064 Bulletin No. 2024–44
7.2.2
Requirements for
Substitute Forms 8655
Follow these specific requirements when producing substitute Forms 8655.
• The first line of the title must be “Reporting Agent Authorization.”
• If you want to include a reference to “State Limited Power of Attorney,” it can be in paren-
theses under the title. “State” must be the first word within the parentheses.
• You must include “Form 8655” on the form.
• While the line numbers do not have to match the official form, the sequence of the informa-
tion must be in the same order.
• The size of any variable data must be printed in a font no smaller than 10 points.
• For adequate disclosure checks, the following must be included for each taxpayer.
– Name.
– EIN.
– Address.
• At this time, Form 944 will not be required if Form 941 is checked. Only those forms that the
reporting agent company supports need to be listed.
• The jurat (perjury statement) must be identical with the exception of references to line num-
bers.
• A contact name and number for the reporting agent are not required.
• Any state information included should be contained in a separate section of the substitute
form. Preferably, this information will be in the same area as line 19 of the official form.
• All substitute Forms 8655 must be approved by the Program as outlined in the Form 8655
specifications in this current publication.
• If you have not already been assigned a 3-letter source code, you will be given one when your
substitute form is submitted for approval. This source code should be included in the lower
left corner of the form.
• The 20-business-day assumed approval policy does not apply to Form 8655 approvals.
7.2.3
Exception for
Form 8655
Because of how Form 8655 is processed and distributed to recipients, vendors are allowed to affix
their logos onto the substitute version of the form. This exception is for Form 8655 only.
Section 7.3 – Guidelines for Substitute Image Character Recognition (ICR) Forms
7.3.1
Overview
The following suggestions may be used as a guideline for creating easily scanned substitute tax
forms. If you choose to participate, use the Form 1040 format provided in Exhibit C and Exhibit
D. The grid view is for user ease of understanding only and should be removed before printing
forms for submission.
Note. The exhibits are to show formatting only, and are not a current copy of the form. Use the
most current version of any form to create the substitute tax form.

Bulletin No. 2024–44 1065 October 28, 2024
7.3.2
Automated Processing of
Certain Forms
Certain forms have been redesigned for automated processing via ICR technology. As a result,
these forms have different requirements for reproduction. These specific requirements apply to
both the form image as well as the format of the variable data.
7.3.3
Form Design Requirements
• Forms should have a 0.5-inch margin on all sides.
• Nothing should be printed within the 0.5-inch margins.
• Vertical and horizontal lines should be replicated as they are on the IRS form.
• Printing should be in black ink on white paper. No color or shading should be used.
• Reproduce the exact text on each line as it appears on the IRS form. Do not abbreviate or
leave out text.
7.3.4
Data Format Requir
ements
• See Section 3.3.
• Rows 1–3 and 64–66, and columns 1–5 and 81–85 should be left blank.
• SSN and EIN fields should have dashes (for example, 999-99-9999 or 99-9999999).
• Do not use real data unless specifically directed (for example, printing 12345678912 vs.
XXXXXXXXXXX for bank routing number as required by Pub. 1345).
• Dollar value fields should be printed with commas and no decimals (for example, 999,999,999).
• Data placement should match defined areas on the form. Variable data should not be printed
outside defined areas (for example, first, middle, last, and suffix fields should be printed
where they appear on the IRS form, not combined).
• Do not populate blank value fields with a zero. If there is no value for a field, leave it blank.
Exceptions include calculated fields with valid inputs that result in a value of zero.
• Vendor codes and company-specific printing information should only appear in the spaces
designated on the form.
Part 8
Additional Information
Section 8.1 – Forms for Electronically Filed Returns
8.1.1
Electr
onic Filing Program
Electronic filing is a method by which authorized providers transmit tax return information to
an IRS Service Center in the format of the official IRS forms. The IRS accepts both refund and
balance due forms that are filed electronically.

October 28, 2024 1066 Bulletin No. 2024–44
8.1.2
Applying To Participate in
IRS e-file
Anyone wishing to participate in IRS e-file of tax returns must submit an e-file application. The
application can be completed and submitted electronically on the IRS website at https://www.irs.
gov after first registering for e-services on the website. For specific information about completing
an e-file application to participate in IRS e-file of tax returns, refer to Pub. 3112, IRS e-file
Application & Participation.
8.1.3
Obtaining the Taxpayer
Signature/Submission of
Required Paper Documents
Taxpayers choosing to electronically prepare and file their returns will be required to use the Self-
Select PIN method as their signatures.
Electronic return originators (EROs) can e-file individual income tax returns only if the returns are
signed electronically using either the Self-Select or Practitioner PIN method.
Taxpayers must use Form 8453, U.S. Individual Income Tax Transmittal for an IRS e-file Return,
to send supporting documents that are required to be submitted to the IRS.
For specific information about electronic filing, refer to Pub. 1345, Handbook for Authorized IRS
e-file Providers of Individual Income Tax Returns.
8.1.4
Guidelines for Preparing
Substitute Forms in the
Electronic Filing Program
A participant in the electronic filing program who wants to develop a substitute form should
follow the guidelines throughout this publication and send a sample form for approval to the
Program at substituteforms@irs.gov. If you do not prepare substitute Form 8453 using a font in
which all IRS wording fits on a single page, the form will not be accepted.
Note. Use of unapproved forms could result in suspension of the participant from the electronic
filing program.
Section 8.2 – Effect on Other Documents
8.2.1
Effect on Other Documents
This revenue procedure supersedes Revenue Procedure 2023-28, 2023-43 I.R.B. 1092.
Section 8.3 – Exhibits
Exhibit A — Form 1040-ES Voucher 20XX
Exhibit B — Substitute Form Checksheet
Exhibit C — Form 1040 With Grid
Exhibit D — Form 1040 Without Grid

Bulletin No. 2024–44 1067 October 28, 2024
40

Software Developers Voucher

October 28, 2024 1068 Bulletin No. 2024–44
41

IRS Checksheet

Bulletin No. 2024–44 1069 October 28, 2024
42

Form 1040 With Grid

October 28, 2024 1070 Bulletin No. 2024–44
43

Bulletin No. 2024–44 1071 October 28, 2024
44

Form 1040 Without Grid

October 28, 2024 1072 Bulletin No. 2024–44
45

Bulletin No. 2024–44 1073 October 28, 2024
Part IV
Deletions From Cumulative
List of Organizations,
Contributions to Which are
Deductible Under Section
170 of the Code
Announcement 2024-36
Table of Contents
The Internal Revenue Service has revoked
its determination that the organizations
listed below qualify as organizations
described in sections 501(c)(3) and 170(c)
(2) of the Internal Revenue Code of 1986.
Generally, the IRS will not disallow
deductions for contributions made to a
listed organization on or before the date
of announcement in the Internal Revenue
Bulletin that an organization no longer
qualifies. However, the IRS is not pre-
cluded from disallowing a deduction for
any contributions made after an organiza-
tion ceases to qualify under section 170(c)
(2) if the organization has not timely filed
a suit for declaratory judgment under sec-
tion 7428 and if the contributor (1) had
knowledge of the revocation of the ruling
or determination letter, (2) was aware that
such revocation was imminent, or (3) was
in part responsible for or was aware of the
activities or omissions of the organization
that brought about this revocation.
If on the other hand a suit for declaratory
judgment has been timely filed, contri-
butions from individuals and organiza-
tions described in section 170(c)(2) that
are otherwise allowable will continue
to be deductible. Protection under sec-
tion 7428(c) would begin on October
10, 2024, and would end on the date the
court first determines the organization is
not described in section 170(c)(2) as more
particularly set for in section 7428(c)(1).
For individual contributors, the maximum
deduction protected is $1,000, with a hus-
band and wife treated as one contributor.
This benefit is not extended to any indi-
vidual, in whole or in part, for the acts or
omissions of the organization that were
the basis for revocation.
Name Of OrganizationEffective Date of RevocationLocation
Azalea Training Center Inc.10/1/2020Millbrook, AL
Carlton Woods Association Inc1/1/2021Houston, TX.
Adjusting to Change Lives1/1/2021Pearland, TX
Rizpah House1/1/2020Lakewood, CA

October 28, 2024 1074 Bulletin No. 2024–44
Notice of Proposed
Rulemaking
Entities Wholly Owned by
Indian Tribal Governments
REG-113628-21
AGENCY: Internal Revenue Service
(IRS), Treasury.
ACTION: Notice of proposed rulemak-
ing and notice of public hearing.
SUMMARY: This document contains
proposed regulations regarding the Fed-
eral tax classification of entities wholly
owned by Indian Tribal governments
(Tribes). The proposed regulations would
provide that entities that are wholly
owned by Tribes and organized or incor-
porated exclusively under the laws of the
Tribes that own them generally are not
recognized as separate entities for Federal
tax purposes. The proposed regulations
would also provide that, for purposes of
making certain elective payment elections
(including determining eligibility for and
the consequences of such elections) for
certain energy credits under the Inflation
Reduction Act of 2022, these entities and
certain Tribal corporations chartered by
the Department of the Interior (DOI) are
treated as an instrumentality of one or
more Indian Tribal governments or sub-
divisions thereof. This document also
requests comments and provides notice
of a public hearing on the proposed reg-
ulations that will be in addition to Tribal
consultation on the proposed regulations.
DATES: Comments: Electronic or writ-
ten comments on this proposed rule from
the public must be received by January 7,
2025.
Public Hearing: The public hearing on
these proposed regulations is scheduled to
be held on January 17, 2025, at 10 a.m.
EST. Requests to speak and outlines of
topics to be discussed at the public hearing
must be received by January 7, 2025. If no
outlines are received by January 7, 2025,
the public hearing will be cancelled.
ADDRESSES: Commenters are strongly
encouraged to submit public comments
electronically via the Federal eRulemak-
ing Portal at https://www.regulations.
gov (indicate IRS and REG-113628-21)
by following the online instructions for
submitting comments. Once submitted
to the Federal eRulemaking Portal, com-
ments cannot be edited or withdrawn. The
Department of the Treasury (Treasury
Department) and the IRS will publish for
public availability any comments submit-
ted to the IRS’s public docket. Send paper
submissions to: CC:PA:01:PR (REG-
113628-21), Room 5203, Internal Reve-
nue Service, P.O. Box 7604, Ben Franklin
Station, Washington, DC 20044.
FOR FURTHER INFORMATION
CONTACT: Concerning the proposed
regulations, contact Amanda R. Mark-
arian of the Office of Associate Chief
Counsel (Passthroughs and Special Indus-
tries) at (202) 317-6850 (not a toll-free
number); and concerning submissions of
comments, the hearing, or any questions
to attend the hearing by teleconferenc-
ing, contact Publications and Regulations
Section at (202) 317-6901 (not a toll-free
number) or preferably by email to publi-
chearings@irs.gov. If emailing, please
include the following information in the
subject line: Attend, Testify, or Question
and REG-113628-21.
SUPPLEMENTARY INFORMATION:
Authority
This notice of proposed rulemaking
contains proposed amendments to provi-
sions of 26 CFR part 1 (Income Tax Reg-
ulations) under section 6417 of the Inter-
nal Revenue Code (Code) and 26 CFR
part 301 (Procedure and Administration
Regulations) under section 7701 of the
Code that would address the Federal tax
treatment of certain Tribal entities wholly
owned by one or more Indian Tribal gov-
ernments (proposed regulations).
Section 6417(h) provides an express
delegation of authority to the Secretary of
the Treasury or her delegate (Secretary)
relating to elective payment elections
under section 6417 (section 6417 elec-
tions), stating, “[t]he Secretary shall issue
such regulations or other guidance as may
be necessary to carry out the purposes of
this section, including guidance to ensure
that the amount of the payment or deemed
payment made under this section is com-
mensurate with the amount of the credit
that would be otherwise allowable (deter-
mined without regard to section 38(c)).”
Section 7701(a)(40) provides an express
delegation of authority to the Secretary
related to identifying Indian Tribal govern-
ments for Federal tax purposes, stating, “[t]
he term ‘Indian tribal government’ means
the governing body of any tribe, band,
community, village, or group of Indians,
or (if applicable) Alaska Natives, which is
determined by the Secretary, after consul-
tation with the Secretary of the Interior, to
exercise governmental functions.”
1

Finally, section 7805(a) of the Code
authorizes the Secretary to “prescribe
all needful rules and regulations for the
enforcement of [the Code], including all
rules and regulations as may be necessary
by reason of any alteration of law in rela-
tion to internal revenue.”
Background
I. Overview
The proposed regulations under section
7701 would provide that an entity wholly
owned by one or more Indian Tribal gov-
ernments, within the meaning of section
7701(a)(40), that is organized or incorpo-
rated under the laws of the Tribe or Tribes
that own it (wholly owned Tribal entity)
is not recognized as a separate entity for
Federal tax purposes. A single member
limited liability company organized under
the laws of the Tribe that owns it would
be a wholly owned Tribal entity. Addition-
1
Under the Federally Recognized Indian Tribe List Act of 1994, Pub. L. 103-454, 108 Stat. 4791 (List Act), the Secretary of the Interior is required to publish annually a list of all Federal-
ly-recognized Tribes. In Revenue Procedure 2008-55 (2008-39 I.R.B. 768), after consultation with the Department of Interior (DOI), the Treasury Department and the IRS determined that
the Indian tribal entities that appear on the current or future lists of Federally-recognized Tribes published annually under the List Act by the DOI, Bureau of Indian Affairs, are designated as
Indian tribal governments for purposes of section 7701(a)(40). See 89 FR 944 (January 8, 2024) for the most current list published by the DOI, Bureau of Indian Af
fairs.

Bulletin No. 2024–44 1075 October 28, 2024
ally, the proposed regulations would pro-
vide that wholly owned Tribal entities, as
well as Tribes incorporated under section
17 of the Indian Reorganization Act of
1934, as amended, 25 U.S.C. 5124 (sec-
tion 17 corporations), or under section 3
of the Oklahoma Indian Welfare Act, as
amended, 25 U.S.C. 5203 (section 3 cor-
porations), are treated, for purposes of
making section 6417 elections (including
determining eligibility for and the conse-
quences of such elections), as instrumen-
talities of the Indian Tribal government(s)
that wholly own them.
The Treasury Department and the IRS
consulted with DOI on these proposed
rules because of DOI’s role in working
with Federally-recognized Indian Tribes
and administering a broad array of Fed-
eral laws that affect Federally-recognized
Indian Tribes. These proposed rules would
address only the application of Federal
tax law and would not affect the rights of
Tribes and Tribal entities under other Fed-
eral laws.
The Treasury Department and the IRS
continue to consider the Federal tax treat-
ment of Tribally chartered corporations
that are owned in part by persons other
than Tribes. The Treasury Department and
the IRS would conduct Tribal consultation
prior to issuing any additional guidance in
that area.
II. Executive Order 14112
In December 2023, the President issued
an executive order titled “Reforming
Federal Funding and Support for Tribal
Nations to Better Embrace Our Trust
Responsibilities and Promote the Next
Era of Tribal Self-Determination.” Exec-
utive Order 14112 (Dec. 6, 2023). Execu-
tive Order 14112 reaffirms the Executive
Branch’s support for Tribal self-determi-
nation as the most effective policy for the
economic growth of Tribal Nations and the
economic well-being of Tribal citizens.
Executive Order 14112 requires agency
heads to take certain actions, consistent
with applicable law and to the extent
practicable, to increase access to “Fed-
eral funding and support programs for
Tribal Nations”; provide Tribal Nations
with the flexibility to improve economic
growth and address the specific needs of
their communities; and reduce adminis-
trative burdens. Section 2(b) of the Exec-
utive Order defines “Federal funding and
support programs for Tribal Nations” as
including “funding, programs, technical
assistance, loans, grants, or other financial
support or direct services that the Federal
Government provides to Tribal Nations or
Indians because of their status as Indians.”
The Treasury Tribal Advisory Committee
has advised that Tribes consider “finan-
cial support” in Executive Order 14112
to include tax matters that range from tax
credits to Federal tax rules that regulate
Tribal revenue.
Consistent with Executive Order
14112, the Treasury Department and the
IRS recognize the importance of protect-
ing and supporting Tribal sovereignty
and self-determination. As the Executive
Order explains, “As we continue to sup-
port Tribal Nations, we must respect their
sovereignty by better ensuring that they
are able to make their own decisions about
where and how to meet the needs of their
communities. No less than for any other
sovereign, Tribal self-governance is about
the fundamental right of a people to deter-
mine their own destiny and to prosper and
flourish on their own terms.” These com-
mitments build on a recognition of prin-
ciples of sovereignty, sovereign immu-
nity, and self-governance that have been
repeatedly reaffirmed by the Supreme
Court. See, e.g., Three Affiliated Tribes
of the Fort Berthold Reservation v. Wold
Engineering, P.C., et al., 476 U.S. 877,
890-91 (1986); Oklahoma Tax Comm’n v.
Citizen Band Potawatomi Indian Tribe of
Oklahoma, 498 U.S. 505, 510 (1991).
III. Prior Guidance
The Federal government has long
recognized the unique aspects of Tribal
sovereignty and Tribal sovereign immu-
nity. Tribes themselves are not subject to
Federal income tax under the Code.
2
IRS
guidance on the issue in the 1960s raised
questions about the extent to which sec-
tion 17 corporations and section 3 corpo-
rations should share the Tribe’s Federal
income tax status. In response, the IRS
published further guidance and issued pro-
posed regulations in 1996 on the treatment
of section 17 corporations and section 3
corporations for Federal tax purposes. See
the notice of proposed rulemaking, Sim-
plification of Entity Classification Rules,
(PS–43–95) published in the Federal
Register (61 FR 21989) on May 13, 1996
(explaining the basis for the proposed rule
later adopted as §301.7701-1(a)(3)).
On December 18, 1996, the Treasury
Department and the IRS published final
regulations (TD 8697) in the Federal Reg-
ister (61 FR 66584) under section 7701,
known as the entity classification regula-
tions. Those still-existing regulations at
§301.7701-1(a)(3) make clear that entities
formed under local laws are not always
recognized as separate entities for Fed-
eral tax purposes. For example, an orga-
nization wholly owned by a State is not
recognized as a separate entity for Federal
tax purposes if it is an integral part of the
State. Similarly, those regulations provide
that section 17 corporations and section 3
corporations are not recognized as sepa-
rate entities for Federal tax purposes. The
entity classification regulations, however,
do not specifically address whether an
organization formed under Tribal law and
wholly owned by a Tribe (that is, a wholly
owned Tribal entity) is recognized as a
separate entity for Federal tax purposes.
The preamble to TD 8697 states that
the IRS received a number of comments
asking for clarification of the tax treat-
ment of wholly owned Tribal entities. 61
FR 66584. The preamble also indicated
that the Treasury Department and the IRS
continued to study the issue and would
issue additional guidance, if necessary. Id.
at 66585-86.
IV. Tribal Consultation
Over the past several decades, Tribes
have sought clarity concerning the Fed-
2
See Rev. Rul. 67-284, 1967-2 C.B. 55. However, Tribes generally are subject to Federal employment taxes. Employment taxes refers to Federal Insurance Contributions Act (FICA) (con-
sisting of both social security and Medicare taxes), Federal Unemployment Tax Act (FUTA), and Income Tax Withholding. Section 3306(c)(7) of the Code provides an exception from FUTA
taxes under certain circumstances. Further, subject to applicable law, including statutes (such as section 7871 of the Code) and treaties or agreements with the United States, Tribes are subject
to Federal excise taxes. See Rev. Rul. 94-81, 1994-2 C.B. 412.

October 28, 2024 1076 Bulletin No. 2024–44
eral tax status of Tribally chartered corpo-
rations that are wholly owned by Tribes,
in part to provide certainty for Tribal eco-
nomic development and to support the
generation of revenue for Indian Tribal
governments. In order to obtain Tribal
input on the issue, and in accordance with
Executive Order 13175 (November 6,
2000), “Consultation and Coordination
with Indian Tribal Governments,” and the
Treasury Department’s Tribal Consulta-
tion Policy (80 FR 57434, September 23,
2015), superseded by Treasury Order 112-
04 (November 22, 2023), the Treasury
Department and the IRS most recently
held Tribal consultations on the issue on
June 21 and June 22, 2023, October 8 and
October 10, 2019, and a listening session
on December 3, 2019.
During Tribal consultations, Tribes
have explained that they view Tribally
chartered corporations as an exercise of
their inherent sovereign authority to gen-
erate governmental revenue, self-govern
the use of that revenue according to their
own laws, and self-determine the use of
that revenue for their citizenry. Tribes
highlighted that Tribally chartered cor-
porations enable Tribes to create entities
that meet their emerging revenue oppor-
tunities, establish guidelines for the oper-
ation of these entities that are culturally
appropriate and protect Tribal assets, and
dissolve them when they are unneeded.
Tribes also highlighted that Tribally char-
tered corporations are consistent with
recent Federal policy that promotes Tribal
sovereignty, self-governance, and self-de-
termination in economic development
activities.
In contrast, Tribes highlighted that sec-
tion 17 and section 3 corporations are not
sufficient to meet their needs. The incorpo-
ration process for these entities is a lengthy
multi-step Federal process that subjects
Tribal authority to Federal oversight and
approval, results in increased administra-
tive costs to Tribes, and requires an act of
Congress to dissolve the chartered entity.
This issue has taken on increased
salience in recent years, particularly with
the enactment of laws, such as Public
Law 117-169, 136 Stat. 1818 (August 16,
2022), commonly known as the Inflation
Reduction Act of 2022, that extend greater
access to capital and new economic oppor-
tunities to certain governments (including
Indian Tribal governments), tax-exempt
organizations, and other entities. Tribes
have reiterated their requests for guidance
through meetings of the Treasury Tribal
Advisory Committee and other Tribal
consultations.
In light of the considerations of Tribal
sovereignty and self-determination
described previously, the Treasury Depart-
ment and the IRS propose to amend the
existing section 7701 regulations to make
clear that entities wholly owned by Tribes
and organized or incorporated under the
laws of the Tribes that own them gener-
ally are not recognized as separate entities
for Federal tax purposes. Accordingly,
such entities generally would be viewed
as one and the same as the Tribes that own
them for Federal tax purposes and would
therefore not be subject to Federal income
tax. In addition, the Treasury Department
and the IRS are proposing to amend the
existing regulations under section 6417
to provide that such entities and section
17 and section 3 corporations are treated
as instrumentalities of the Indian Tribal
governments that own them for purposes
of making an elective payment election
under section 6417 (including determin-
ing eligibility for and the consequences
of the election). This would mean that the
wholly owned Tribal entity itself, rather
than the Indian Tribal government(s)
owning the entity, would make a section
6417 election for an applicable credit
determined with respect to any applicable
credit property held directly by the wholly
owned Tribal entity.
The Treasury Department and the IRS
will conduct Tribal consultation before
finalizing these regulations to obtain addi-
tional input on questions involving these
proposed regulations. The content of these
consultations will be published in a Tribal
consultation summary.
Explanation of Provisions
I. In General
These proposed regulations would
address the Federal tax treatment of
wholly owned Tribal entities (that is, enti-
ties wholly owned by Tribes and organized
or incorporated exclusively under the laws
of the Tribes that own them). Specifically,
these proposed regulations would provide
that such entities are not recognized as
separate entities for Federal tax purposes
(other than for purposes related to section
6417 elections described in part III of this
Explanation of Provisions). The proposed
regulations recognize that these entities
share core characteristics with section 17
corporations and section 3 corporations,
including that they are wholly owned by
Tribes and benefit the Tribes by facilitat-
ing economic growth and Tribal rebuild-
ing. Accordingly, just as section 17 corpo-
rations and section 3 corporations are not
recognized as separate entities for Federal
tax purposes and are thus not subject to
Federal income tax on income earned in
the conduct of commercial business on or
off the organizing Tribe’s reservation, the
proposed regulations would confirm that
wholly owned Tribal entities would not be
recognized as separate entities for Federal
tax purposes and would not be subject to
Federal income tax on income earned in
the conduct of commercial business on or
off the organizing Tribe’s reservation.
II. Requirements
A. Tribal law
The proposed regulations would recog-
nize that Tribal law is established by each
individual Tribe. Where multiple Tribes
work together to establish an entity that is
owned by more than one Tribe, each Tribe
would need to provide for the entity under
its own laws.
B. Wholly owned
As is the case for determining the
ownership of all corporations (including
a corporation wholly owned by a State
or other government), the determination
of whether an outside investor (a person
other than a Tribe) holds stock in a Tribal
entity, such that it would fail to be wholly
owned by one or more Indian Tribal gov-
ernments for Federal tax purposes, would
take into account principles of Federal tax
law, such as the substance over form doc-
trine, debt versus equity analyses, and the
economic substance doctrine.
Under these proposed regulations, an
entity could satisfy the wholly owned
requirement through a multi-Tribe owner-
ship structure, so long as the entity is orga-

Bulletin No. 2024–44 1077 October 28, 2024
nized or incorporated under each Tribe’s
laws. Proposed §301.7701-1(a)(4)(iii)(D)
(Example 4) illustrates an example of the
organizational structure of such an entity.
III. Elective Pay
The proposed regulations would revise
the elective pay regulations to provide
that, for purposes of making a section 6417
election (including determining eligibility
for and the consequences of such election),
entities described in proposed §301.7701-
1(a)(4)(i) (that is, section 17 corporations,
section 3 corporations, and wholly owned
Tribal entities), would be treated as instru-
mentalities of Indian Tribal governments.
Under existing §1.6417-1(f), section 17
corporations and section 3 corporations
are treated as “disregarded entities” for
purposes of section 6417, and the appli-
cable-entity owner of a disregarded entity
that directly holds applicable credit prop-
erty must make a section 6417 election for
applicable credits determined with respect
to such property pursuant to §1.6417-2(a)
(1)(ii). Treatment as instrumentalities
under these proposed regulations would
mean that an entity described in proposed
§301.7701-1(a)(4)(i) that directly owns
applicable credit property would make the
section 6417 election itself, rather than
its owner or owners. Such an entity gen-
erally would do so by filing a Form 990-
T, Exempt Organization Business Income
Tax Return, as described in §1.6417-1(b)
(2), using its own name and employer
identification number.
The Treasury Department and the IRS
are proposing this rule pursuant to the Sec-
retary’s authority under section 6417(h) to
issue such regulations or other guidance
as may be necessary to carry out the pur-
poses of section 6417, including guidance
to ensure that the amount of the payment
or deemed payment made under section
6417 is commensurate with the amount of
the credit that would be otherwise allow-
able (determined without regard to section
38(c) of the Code). Given that proposed
§301.7701-1(a)(4)(i) would generally
provide that an entity owned by multi-
ple Tribes is not recognized as a separate
entity from those Tribes for Federal tax
purposes, treating the entity as a “disre-
garded entity” for section 6417 purposes
would have required each of the entity’s
owners to make a section 6417 election
with respect to an applicable credit deter-
mined with respect to an applicable credit
property owned directly by the entity.
That approach would have been adminis-
tratively burdensome and complex for the
Tribes that own the entity as well as for
the IRS. Given the need for coordination
among these Tribes in making consistent
tax filings, it could also have resulted in
cases in which the amount of the total pay-
ments or deemed payments claimed under
section 6417 may not be commensurate
with the amount of the underlying credit.
In addition, even for an entity owned by
a single Tribe, the entity directly owning
the applicable credit property may be bet-
ter positioned to fulfill the pre-filing regis-
tration and other requirements to make the
section 6417 election. Accordingly, the
proposed regulations are intended to sim-
plify the filing obligations for Tribes and
their wholly owned entities and ensure
that the amount of any payment or deemed
payment made under section 6417 will be
commensurate with the amount of the
credit that would be otherwise allowable.
In general, the determination of whether
an entity is an agency or instrumentality
is analyzed on a facts and circumstances
basis. In determining whether an entity is
an agency or instrumentality for Federal
tax purposes, Federal courts have applied
a test similar to the six-factor test in Rev.
Rul. 57-128, 1957-1 C.B. 311, which gen-
erally provides guidance on whether an
entity is an instrumentality for purposes
of the exemptions from employment taxes
under sections 3121(b)(7) and 3306(c)
(7). See, e.g., Berini v. Federal Reserve
Bank of St. Louis, Eighth District, 420 F.
Supp. 2d 1021 (E.D. Mo. 2005) and Rose
v. Long Island Railroad Pension Plan, 828
F.2d 910, 918 (2d Cir. 1987), cert. denied,
485 U.S. 936 (1988).
No inferences should be drawn from
the instrumentality treatment in proposed
§1.6417-1(c)(7) as to whether any par-
ticular entity is or is not an instrumental-
ity in other contexts. The special rule in
proposed §1.6417-1(c)(7) is informed in
part by administrative considerations and
would be issued under the express dele-
gation of authority in section 6417(h) to
promulgate rules that carry out the pur-
poses of section 6417 and ensure that the
amount of the payment or deemed pay-
ment made thereunder is commensurate
with the amount of the underlying credit.
Proposed Applicability Dates
These proposed regulations would,
upon finalization, apply to taxable years
ending after October 9, 2024. The proposed
regulations would also, upon finalization,
generally allow an entity the option to
apply proposed §301.7701-1(a)(4), includ-
ing the option to apply proposed §1.6417-
1(c)(7) and (f), to taxable years ending on
or before October 9, 2024, provided that
the Indian Tribal government(s) that own
the entity also apply §301.7701-1(a)(4),
and §1.6417-1(c)(7) and (f) as applicable,
consistently with such entity for all such
taxable years. However, this option would
not be available for any taxable period for a
Federal excise tax or employment tax with
respect to which the entity was, as of Octo-
ber 9, 2024, a party to any administrative or
judicial proceeding.
Until the date final regulations are pub-
lished in the Federal Register, an entity
described in proposed §301.7701-1(a)(4)
(i) generally may rely on the proposed
regulations for taxable years ending on or
before that date, provided that the Indian
Tribal government(s) that own the entity
do so consistently with such entity for all
such taxable years. However, an entity
described in proposed §301.7701-1(a)(4)
(i) may not rely on the proposed regula-
tions for any taxable period for a Federal
excise tax or employment tax with respect
to which the entity was, as of October
9, 2024, a party to any administrative or
judicial proceeding.
Reliance and the proposed option to
apply the regulations retroactively are
not provided for any taxable period for a
Federal excise or employment tax subject
to pending administrative or judicial pro-
ceedings as of October 9, 2024, because
reliance and retroactive application of
these regulations in that context could
create certain unintended and technical
procedural questions. This exception to
reliance on the proposed regulations and
the proposed option to retroactively apply
these regulations is limited to the Fed-
eral excise and employment tax context
because these questions would not arise
in the context of a Federal income tax
administrative or judicial proceeding.

October 28, 2024 1078 Bulletin No. 2024–44
Special Analyses
I. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
Executive Order 13175 (Consultation
and Coordination With Indian Tribal Gov-
ernments) prohibits an agency from pub-
lishing any rule that has Tribal implications
if the rule either imposes substantial, direct
compliance costs on Indian Tribal govern-
ments and is not required by statute, or pre-
empts Tribal law, unless the agency meets
the consultation and funding requirements
of section 5 of the Executive order. This
proposed rule would neither impose sub-
stantial, direct compliance costs on Indian
Tribal governments nor preempt Tribal law
within the meaning of the Executive order.
II. Executive Order 14112: Reforming
Federal Funding and Support for Tribal
Nations To Better Embrace Our Trust
Responsibilities and Promote the Next
Era of Tribal Self-Determination
Consistent with Executive Order 14112
(described previously in the Background
section), these proposed regulations
would further Tribal self-determination
and self-governance and reduce admin-
istrative burdens by providing entities
wholly owned by Tribes and organized or
incorporated under the laws of the Tribes
that own them with the same Federal tax
treatment that applies to section 17 corpo-
rations and section 3 corporations.
III. Regulatory Planning and Review
Pursuant to the Memorandum of
Agreement, Review of Treasury Regula-
tions under Executive Order 12866 (June
9, 2023), tax regulatory actions issued by
the IRS are not subject to the requirements
of section 6 of Executive Order 12866, as
amended. Therefore, a regulatory impact
assessment is not required.
IV. Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520) (PRA) generally
requires that a Federal agency obtain the
approval of the Office of Management
and Budget (OMB) before collecting
information from the public, whether such
collection of information is mandatory,
voluntary, or required to obtain or retain
a benefit. An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless the collection of information dis-
plays a valid control number.
The collection of information in these
regulations contain reporting and record-
keeping requirements. The recordkeeping
requirements mentioned within these final
regulations are considered general tax
records under §1.6001-1(e). These records
are required for the IRS to validate that
taxpayers have met the regulatory require-
ments and are entitled to make an elective
payment election and to verify the Fed-
eral tax classification of entities described
in these proposed regulations. For PRA
purposes, general tax records are already
approved by OMB under 1545-0047 for
tax-exempt organizations and government
entities.
These regulations also mention report-
ing requirements related to making elec-
tions under section 6417. These elections
will be made by taxpayers on Forms 990-
T, and credit calculations will be made on
Form 3800 and supporting forms. These
forms are approved under 1545-0047 for
tax-exempt organizations and governmen-
tal entities.
V. Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. chapter 6), the Secretary
of the Treasury hereby certifies that the
proposed regulations will not have a sig-
nificant economic impact on a substantial
number of small entities pursuant to the
Regulatory Flexibility Act (5 U.S.C. chap-
ter 6). These proposed regulations would
affect entities that are wholly owned by
Tribes. Additionally, no added burden is
created through these proposed regula-
tions; rather, these proposed regulations
would expand the definition of an eligi-
ble entity for section 6417 of the Code
but does not expand the requirements for
entities to make the elective pay election.
Although data is not readily available
about the number of small entities that
are potentially affected by this rule, it is
possible that a substantial number of small
entities may be affected.
To the extent the entities described in
these regulations make elections under
section 6417, the Treasury Department
and the IRS certify the final regulatory
flexibility analysis undertaken in TD 9988.
For the reasons stated, a regulatory
flexibility analysis under the Regulatory
Flexibility Act is not required. The Trea-
sury Department and the IRS invite com-
ments on the impact of the proposed regu-
lations on small entities.
Pursuant to section 7805(f), this notice
of proposed rulemaking has been submit-
ted to the Chief Counsel for the Office of
Advocacy of the Small Business Adminis-
tration for comment on its impact on small
business.
VI. Unfunded Mandates Reform Act
Section 202 of the Unfunded Mandate
Reform Act of 1995 requires that agencies
assess anticipated costs and benefits and
take certain other actions before issuing a
final rule that includes any Federal mandate
that may result in expenditures in any one
year by a State, local, or Indian Tribal gov-
ernment, in the aggregate, or by the private
sector, of $100 million (updated annually
for inflation). These proposed regulations
do not include any Federal mandate that
may result in expenditures by State, local,
or Indian Tribal governments or by the pri-
vate sector in excess of that threshold.
VII. Executive Order 13132: Federalism
Executive Order 13132 (Federalism)
prohibits an agency from publishing any
rule that has Federalism implications if
the rule either imposes substantial, direct
compliance costs on State and local gov-
ernments, and is not required by statute,
or preempts State law, unless the agency
meets the consultation and funding
requirements of section 6 of the execu-
tive order. These proposed regulations do
not have Federalism implications and do
not impose substantial, direct compliance
costs on State and local governments or
preempt State law within the meaning of
the executive order.
Comments and Public Hearing
Consideration will be given to com-
ments received in Tribal consultation

Bulletin No. 2024–44 1079 October 28, 2024
and comments regarding the notice of
proposed rulemaking that are submitted
timely to the IRS as prescribed in the
preamble under the “ADDRESSES” sec-
tion. The Treasury Department and the
IRS request comments on all aspects of
the proposed regulations, including the
application of the proposed regulations
in the context of federal employment and
excise taxes. All commenters are strongly
encouraged to submit comments elec-
tronically. All comments will be made
available at https://www.regulations.gov.
Once submitted to the Federal eRulemak-
ing Portal, comments cannot be edited or
withdrawn.
A public hearing will be held on Jan-
uary 17, 2025, beginning at 10 a.m. ET,
in the Auditorium at the Internal Revenue
Building, 1111 Constitution Avenue NW,
Washington, DC. Due to building security
procedures, visitors must enter at the Con-
stitution Avenue entrance. In addition, all
visitors must present photo identification
to enter the building. Because of access
restrictions, visitors will not be admit-
ted beyond the immediate entrance area
more than 30 minutes before the hearing
starts. Pursuant to Announcement 2023-
16, 2023-20 I.R.B. 854 (May 15, 2023),
the public hearing is scheduled to be con-
ducted in person, but the IRS will provide
a telephonic option for individuals who
wish to attend or testify at the hearing by
telephone.
The rules of 26 CFR 601.601(a)(3)
apply to the hearing. Persons who wish
to present oral comments at the hearing
must submit an outline of the topics to
be discussed as well as the time to be
devoted to each topic by January 7, 2025.
A period of ten minutes will be allocated
to each person for making comments.
After the deadline for receiving out-
lines has passed, the IRS will prepare an
agenda containing the schedule of speak-
ers. Copies of the agenda will be made
available free of charge at the hearing. If
no outlines of the topics to be discussed
at the hearing are received by January
7, 2025, the public hearing will be can-
celled. If the public hearing is cancelled,
a notice of cancellation of the public
hearing will be published in the Federal
Register.
Individuals who want to testify in
person at the public hearing must send
an email to publichearings@irs.gov to
have your name added to the building
access list. The subject line of the email
must contain the regulation number
REG-113628-21 and the language TES-
TIFY In Person. For example, the sub-
ject line may say: “Request to TESTIFY
In Person at Hearing for REG-113628-
21.”
Individuals who want to testify by
telephone at the public hearing must send
an email to publichearings@irs.gov to
receive the telephone number and access
code for the hearing. The subject line
of the email must contain the regulation
number REG-113628-21 and the language
TESTIFY Telephonically. For example,
the subject line may say: “Request to
TESTIFY Telephonically at Hearing for
REG-113628-21.”
Individuals who want to attend the
public hearing in person without testify-
ing must also send an email to publichear-
ings@irs.gov to have your name added to
the building access list. The subject line
of the email must contain the regulation
number (REG-113628-21) and the lan-
guage ATTEND In Person. For example,
the subject line may say: “Request to
ATTEND Hearing In Person for REG-
113628-21.” Requests to attend the public
hearing must be received by 5 p.m. ET on
January 15, 2025.
Individuals who want to attend the
public hearing telephonically without tes-
tifying must send an email to publichear-
ings@irs.gov to receive the telephone
number and access code for the hearing.
The subject line of the email must contain
the regulation number (REG-113628-21)
and the language ATTEND Hearing Tele-
phonically. For example, the subject line
may say: “Request to ATTEND Hearing
Telephonically for REG-113628-21.”
Requests to attend the public hearing must
be received by 5 p.m. ET on January 15,
2025.
The hearing will be made accessible to
people with disabilities. To request spe-
cial assistance during the hearing, contact
the Publications and Regulations Branch
of the Office of Associate Chief Counsel
(Procedure and Administration) by send-
ing an email to publichearings@irs.gov
(preferred) or by telephone at (202) 317-
6901 (not a toll-free number) by 5 p.m. ET
on January 14, 2025.
Statement of Availability of IRS
Documents
Rev. Rul. 94-81, Rev. Rul. 94-65, Rev.
Rul. 94-16, Rev. Rul. 67-284, and Rev.
Rul. 57-128 are published in the Internal
Revenue Bulletin (or Cumulative Bul-
letin) and are available from the Super-
intendent of Documents, U.S. Govern-
ment Publishing Office, Washington, DC
20402, or by visiting the IRS website at
https://www.irs.gov.
Drafting Information
The principal authors of these proposed
regulations are attorneys in the Office of
Associate Chief Counsel (Passthroughs
and Special Industries), Branch 1. How-
ever, other personnel from the Treasury
Department and the IRS participated in
their development.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and record
keeping requirements.
26 CFR Part 301
Procedure and Administration
Proposed Amendments to the
Regulations
Accordingly, the Treasury Department
and the IRS propose to amend 26 CFR
parts 1 and 301 as follows:
PART 1—INCOME TAXES
Paragraph 1. The authority citation for
part 1 continues to read in part as follows:
Authority: 26 U.S.C. 7805 * * * *
Par. 2. Section 1.6417-1 is amended
by:
1. Revising paragraph (c) introductory
text;
2. Removing the semicolon from the
end of paragraphs (c)(1)(ii) and (c)(2)
through (5) and adding a period in their
places;
3. Removing “; and” from the end of
paragraph (c)(6) and adding a period in its
place; and

October 28, 2024 1080 Bulletin No. 2024–44
4. Revising paragraphs (c)(7), (f), and
(q).
The revisions read as follows:
§1.6417-1 Elective payment election of
applicable credits.
* * * * *
(c) Applicable entity. The term appli-
cable entity means any entity described in
paragraph (c)(1) through (7) of this sec-
tion.
* * * * *
(7) An agency or instrumentality of any
applicable entity described in paragraph
(c)(1)(ii) or (c)(2) or (3) of this section.
For purposes of making a section 6417
election (including determining eligibility
for and the consequences of such elec-
tion), an entity described in §301.7701-
1(a)(4)(i) of this chapter is treated as an
instrumentality of the Indian Tribal gov-
ernment(s) or subdivision(s) thereof that
own(s) it.
* * * * *
(f) Disregarded entity. The term dis-
regarded entity means an entity that is
disregarded as, or not recognized as, an
entity separate from its owner for Federal
income tax purposes under §301.7701-
1(a)(3) or §§301.7701-2 and 301.7701-3
of this chapter. See paragraph (c)(7) of
this section regarding entities described in
§301.7701-1(a)(4)(i) of this chapter.
* * * * *
(q) Applicability dates--(1) In general.
Except as provided in paragraph (q)(2) of
this section, this section applies to taxable
years ending on or after March 11, 2024.
For taxable years ending before March 11,
2024, taxpayers may choose to apply the
rules of §§1.6417-1 through 1.6417-4 and
1.6417-6, provided the taxpayers apply
the rules in their entirety and in a consis-
tent manner.
(2) Paragraphs (c)(7) and (f) of this
section. Paragraphs (c)(7) and (f) of this
section apply to taxable years ending after
October 9, 2024. For taxable years ending
on or before October 9, 2024, an entity
described in §301.7701-1(a)(4)(i) of this
chapter may choose to apply paragraphs
(c)(7) and (f) of this section as contained
in 26 CFR part 1, revised October 9, 2024
by following the Federal tax reporting
requirements in a manner consistent with
those provisions for all such years, but
only if the Indian Tribal government(s)
that own the entity also apply paragraphs
(c)(7) and (f) of this section consistently
with such entity for all such taxable years.
PART 301--PROCEDURE AND
ADMINISTRATION
Par. 3. The authority citation for part
301 is amended by adding an entry for
§301.7701-1(a)(4) in numerical order to
read in part as follows:
Authority: 26 U.S.C. 7805 * * * *
* * * * *
Section 301.7701-1(a)(4) also issued
under 26 U.S.C. 7701(a)(40).
* * * * *
Par. 4. Section 301.7701-1 is amended
by:
1. Revising paragraph (a)(3);
2. Redesignating paragraph (a)(4) as
paragraph (a)(5);
3. Adding new paragraph (a)(4); and
4. Revising paragraph (f).
The revisions and addition read as fol-
lows:
§301.7701-1 Classification of
organizations for federal tax purposes.
(a) * * *
(3) Certain State and local law entities
not recognized. An entity formed under
State or local law is not always recog-
nized as a separate entity for Federal tax
purposes. For example, an organization
wholly owned by a State is not recognized
as a separate entity for Federal tax pur-
poses if it is an integral part of the State.
(4) Certain Tribal entities--(i) In gen-
eral. Except as provided in paragraph (a)
(4)(ii) of this section, Tribes incorporated
under section 17 of the Indian Reorgani-
zation Act of 1934, as amended, 25 U.S.C.
5124 (section 17 corporation), or under
section 3 of the Oklahoma Indian Welfare
Act, as amended, 25 U.S.C. 5203 (sec-
tion 3 corporation), are not recognized as
separate entities for Federal tax purposes.
Also, except as provided in paragraph
(a)(4)(ii) of this section, entities wholly
owned by one or more Indian Tribal gov-
ernments (within the meaning of section
7701(a)(40) of the Code) and organized or
incorporated exclusively under the laws of
the Indian Tribal government(s) that own
them (wholly owned Tribal entity) are not
recognized as separate entities for Federal
tax purposes.
(ii) Elections under section 6417. See
§1.6417-1(c)(7) of this chapter for the
treatment of section 17 corporations, sec-
tion 3 corporations, and wholly owned
Tribal entities described in paragraph
(a)(4)(i) of this section for the purposes
of making an elective payment election
under section 6417 of the Code (section
6417 election), including determining eli-
gibility for and the consequences of such
election.
(iii) Examples. The following exam-
ples illustrate the application of paragraph
(a)(4)(i) and (ii) of this section. For pur-
poses of these examples, all references to
a Tribe are references to an Indian Tribal
government within the meaning of section
7701(a)(40).
(A) Example 1. Tribe B incorporates Corporation
X pursuant to Tribe B’s Corporations Ordinance,
which governs the purpose, formation, and oper-
ation of commercial entities. Tribe B owns all the
shares of Corporation X. Corporation X is therefore
wholly owned by Tribe B and organized or incor-
porated exclusively under the laws of Tribe B. As a
result, Corporation X is not recognized as a separate
entity from Tribe B for Federal tax purposes, except
for the purposes described in §1.6417-1(c)(7) of this
chapter. Accordingly, Corporation X is not subject to
Federal income tax. Under §1.6417-1(c)(7) of this
chapter, Corporation X is treated as an instrumental-
ity of Tribe B for the purposes of making a section
6417 election (including determining eligibility for
and the consequences of such election). Thus, Cor-
poration X, rather than Tribe B, would be the appli-
cable entity for purposes of making a section 6417
election for any applicable credit (as defined in sec-
tion 6417(b)) relating to property held or activities
conducted by Corporation X.
(B) Example 2. Same facts as in paragraph (a)(4)
(iii)(A) of this section (Example 1), except that the
board of Corporation X, pursuant to Tribe B’s Cor-
porations Ordinance, organizes a subsidiary, Corpo-
ration Z, to pursue a limited line of new business.
Corporation X owns all the shares of Corporation Z.
Corporation Z is therefore wholly owned by Tribe
B and organized or incorporated exclusively under
the laws of Tribe B. As a result, neither Corporation
X nor Corporation Z is recognized as an entity sep-
arate from Tribe B for Federal tax purposes, except
for the purposes described in §1.6417-1(c)(7) of this
chapter. Accordingly, Corporation Z is not subject
to Federal income tax. Under §1.6417-1(c)(7) of
this chapter, Corporation X and Corporation Z are
each treated as an instrumentality of Tribe B for the
purposes of making a section 6417 election (includ-
ing determining eligibility for and the consequences
of such election). Thus, Corporation Z, rather than
Corporation X or Tribe B, would be the applicable
entity for purposes of making a section 6417 election
for any applicable credit relating to property held or
activities conducted by Corporation Z. As in Exam-

Bulletin No. 2024–44 1081 October 28, 2024
ple 1, Corporation X would continue to be the appli-
cable entity for purposes of making a section 6417
election for any applicable credit relating to property
held or activities conducted by Corporation X.
(C) Example 3. Tribe B incorporates a section
17 corporation. The section 17 corporation sub-
sequently incorporates Corporation J pursuant to
Tribe B’s Corporations Ordinance, which governs
the purpose, formation, and operation of commer-
cial entities. The section 17 corporation owns all the
shares of Corporation J. Corporation J is therefore
treated as wholly owned by Tribe B and organized or
incorporated exclusively under the laws of Tribe B.
As a result, Corporation J is not recognized as a sep-
arate entity from Tribe B for Federal tax purposes,
except for the purposes described in §1.6417-1(c)(7)
of this chapter. Accordingly, neither the section 17
corporation nor Corporation J is subject to Federal
income tax. Under §1.6417-1(c)(7) of this chapter,
the section 17 corporation and Corporation J are
each treated as an instrumentality of Tribe B for the
purposes of making a section 6417 election (includ-
ing determining eligibility for and the consequences
of such election). Thus, the section 17 corporation,
rather than Tribe B, would be the applicable entity
for purposes of making a section 6417 election for
any applicable credit relating to property held or
activities conducted by the section 17 corporation.
In addition, Corporation J, rather than Tribe B or
the section 17 corporation, would be the applicable
entity for purposes of making a section 6417 election
for any applicable credit relating to property held or
activities conducted by Corporation J. The analy-
sis would be the same if Tribe B had organized its
business as a single member limited liability com-
pany pursuant to the Tribe’s business code instead of
incorporating Corporation J.
(D) Example 4. Pursuant to their respective
Tribal laws, Tribe A, Tribe B, Tribe C, and Tribe D
organize Corporation K via a resolution approved
by their respective Indian Tribal governments. Each
Tribe owns 25% of the shares of Corporation K.
Corporation K is therefore wholly owned by Indian
Tribal governments and organized or incorporated
exclusively under the laws of each Indian Tribal
government that owns it. As a result, Corporation K
is not recognized as a separate entity from the Tribes
for Federal tax purposes, except for the purposes
described in §1.6417-1(c)(7) of this chapter. Accord-
ingly, Corporation K is not subject to Federal income
tax. Under §1.6417-1(c)(7) of this chapter, Corpo-
ration K is treated as an instrumentality of Tribe A,
Tribe B, Tribe C, and Tribe D for the purposes of
making a section 6417 election (including deter-
mining eligibility for and the consequences of such
election). Thus, Corporation K, rather than Tribe A,
Tribe B, Tribe C, or Tribe D, would be the applicable
entity for purposes of making a section 6417 election
for any applicable credit relating to property held or
activities conducted by Corporation K.
* * * * *
(f) Applicability dates--(1) In general.
Except as provided in paragraph (f)(2) of
this section, the rules of this section are
applicable as of January 1, 1997.
(2) Exceptions--(i) Paragraph (a)(4)
of this section. The rules of paragraph (a)
(4) of this section apply to taxable years
ending after October 9, 2024. In general,
an entity may choose to apply paragraph
(a)(4) of this section to taxable years
ending on or before October 9, 2024,
if the Indian Tribal government(s) that
own the entity also apply paragraph (a)
(4) of this section consistently with such
entity for all such taxable years. How-
ever, an entity may not choose to apply
paragraph (a)(4) of this section to any
taxable period for a Federal excise tax
or Federal employment tax with respect
to which the entity was, as of October
9, 2024, a party to any administrative or
judicial proceeding.
(ii) Paragraph (c) of this section. The
rules of paragraph (c) of this section are
applicable on January 5, 2009.
Douglas W. O’Donnell,
Deputy Commissioner.
(Filed by the Office of the Federal Register October
07, 2024, 4:15 p.m., and published in the issue of the
Federal Register for October 09, 2024, 89 FR 81871)

Bulletin No. 2024–44 i October 28, 2024
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.

October 28, 2024 ii Bulletin No. 2024–44
Numerical Finding List
1
Bulletin 2024–44
Announcements:
2024-26, 2024-27 I.R.B. 14
2024-27, 2024-27 I.R.B. 14
2024-28, 2024-28 I.R.B. 39
2024-29, 2024-29 I.R.B. 71
2024-31, 2024-34 I.R.B. 533
2024-32, 2024-35 I.R.B. 535
2024-30, 2024-36 I.R.B. 581
2024-39, 2024-39 I.R.B. 639
2024-34, 2024-41 I.R.B. 758
2024-35, 2024-43 I.R.B. 1013
2024-36, 2024-44 I.R.B. 1073
Notices:
2024-47, 2024-27 I.R.B. 1
2024-52, 2024-27 I.R.B. 2
2024-53, 2024-27 I.R.B. 4
2024-54, 2024-28 I.R.B. 24
2024-55, 2024-28 I.R.B. 31
2024-56, 2024-29 I.R.B. 64
2024-57, 2024-29 I.R.B. 67
2024-58, 2024-30 I.R.B. 120
2024-59, 2024-32 I.R.B. 348
2024-60, 2024-34 I.R.B. 515
2024-61, 2024-34 I.R.B. 520
2024-62, 2024-36 I.R.B. 570
2024-63, 2024-36 I.R.B. 573
2024-64, 2024-39 I.R.B. 632
2024-65, 2024-39 I.R.B. 633
2024-66, 2024-40 I.R.B. 682
2024-67, 2024-41 I.R.B. 726
2024-68, 2024-41 I.R.B. 729
2024-69, 2024-41 I.R.B. 733
2024-70, 2024-43 I.R.B. 1001
2024-72, 2024-43 I.R.B. 1005
2024-73, 2024-43 I.R.B. 1007
2024-71, 2024-44 I.R.B. 1026
2024-75, 2024-44 I.R.B. 1026
Proposed Regulations:
REG-124593-23, 2024-28 I.R.B. 40
REG-109032-23, 2024-31 I.R.B. 332
REG-120137-19, 2024-31 I.R.B. 336
REG-119283-23, 2024-32 I.R.B. 351
REG-102161-23 2024-33 I.R.B. 502
REG-103529-23, 2024-33 I.R.B. 512
REG-105128-23, 2024-35 I.R.B. 536
REG-108920-24, 2024-38 I.R.B. 607
REG-111629-23, 2024-39 I.R.B. 640
REG-106851-21, 2024-40 I.R.B. 684
REG-116787-23, 2024-40 I.R.B. 709
REG-119683-22, 2024-40 I.R.B. 716
Proposed Regulations:—Continued
REG-118269-23, 2024-41 I.R.B. 761
REG-112129-23, 2024-42 I.R.B. 787
REG-113628-21, 2024-44 I.R.B. 1074
Revenue Procedures:
2024-26, 2024-27 I.R.B. 7
2024-29, 2024-30 I.R.B. 121
2024-30, 2024-30 I.R.B. 183
2024-27, 2024-31 I.R.B. 300
2024-28, 2024-31 I.R.B. 326
2024-32, 2024-34 I.R.B. 523
2024-34, 2024-38 I.R.B. 604
2024-35, 2024-39 I.R.B. 638
2024-36, 2024-41 I.R.B. 737
2024-37, 2024-41 I.R.B. 755
2024-38, 2024-43 I.R.B. 1010
2024-33, 2024-44 I.R.B. 1030
Revenue Rulings:
2024-13, 2024-28 I.R.B. 18
2024-14, 2024-28 I.R.B. 18
2024-15, 2024-32 I.R.B. 340
2024-16, 2024-35 I.R.B. 534
2024-17, 2024-36 I.R.B. 568
2024-18, 2024-37 I.R.B. 584
2024-20, 2024-40 I.R.B. 646
2024-21, 2024-41 I.R.B. 724
2024-22, 2024-43 I.R.B. 980
2024-23, 2024-43 I.R.B. 981
Treasury Decisions:
10002, 2024-29 I.R.B. 56
9999, 2024-30 I.R.B. 72
10000, 2024-31 I.R.B. 185
10003, 2024-32 I.R.B. 342
10001, 2024-33 I.R.B. 412
10004, 2024-33 I.R.B. 489
9998, 2024-34 I.R.B. 412
10005, 2024-34 I.R.B. 510
9991, 2024-40 I.R.B. 646
10007, 2024-43 I.R.B. 981
9994, 2024-44 I.R.B. 1014
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2024–27 through 2024–52 is in Internal Revenue Bulletin
2024–52, dated December 30, 2024.

Bulletin No. 2024–44 iii October 28, 2024
Finding List of Current Actions on
Previously Published Items
1
Bulletin 2024–44
1
A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2024–27 through 2024–52 is in Internal Revenue Bulletin
2024–52, dated December 30, 2024.

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