us-irs-announcements-irb-2012-44-pdf•Internal Revenue Bulletin 2012-44 (PDF rendition): IRS Announcements
Internal Revenue Bulletin 2012-44 (PDF rendition): IRS Announcements
us-irs-announcements-irb-2012-44-pdfInternal Revenue Bulletin 2012-44 (PDF rendition): IRS AnnouncementsGuidance
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Bulletin No. 201 2-44 October 29, 2012 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. EMPLOYEE PLANS Notice 2012–64, page 528. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in October 2012; the 24-month average segment rates; the funding tran- sitional segment rates applicable for October 2012; and the minimum present value transitional rates for September 2012. The rates in this notice reflect certain changes implemented by the Moving Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP-21). EXEMPT ORGANIZATIONS Announcement 2012–41, page 532. This announcement provides notice of public hearing on pro- posed regulations, (REG–130266–11, 2012–32 I.R.B. 126), that provide guidance regarding the requirements for charita- ble hospital organizations relating to financial assistance and emergency medical care policies, charges for certain care pro- vided to individual eligible for financial assistance, and billing and collections under section 501 of the Code. Announce- ments 2012–29 and 2012–38 corrected. A public hearing is scheduled for December 5, 2012. Fi nding Lists begin on page ii. Index for July through October begins on page iv. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. October 29, 20122012–44 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2012–64 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. These rates reflect certain changes implemented by the Mov- ing Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP–21). MAP–21 provides that for purposes of § 430(h)(2), the segment rates are limited by the applicable maximum percentage or the applicable minimum percentage based on the average of segment rates over a 25 year period. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i) provide that the interest rates used to calculate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conservatively in long term in- vestment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for September 2012 is 4.05 percent. Pursuant to Notice 2004–34, the Service has de- termined this rate as the average of the monthly yields for the included corporate bond indices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% October2012 5.20 4.68 5.20 YIELD CURVE AND SEGMENT RATES Generally, except for certain plans under sections 104 and 105 of the Pen- sion Protection Act of 2006, § 430 of the Code specifies the minimum funding requirements that apply to single em- ployer plans pursuant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined using three 24-month average interest rates (“segment rates”), each of which applies to cash flows during speci- fied periods. To the extent provided under § 430(h)(2)(C)(iv), these segment rates are adjusted by the applicable percentage of the 25-year average segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Notice 2007–81, 2007–2 C.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond seg- ment rates used to compute the target nor- mal cost and the funding target. Pursuant to Notice 2007–81, the monthly corporate bond yield curve derived from September 2012 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of Septem- ber 2012 are, respectively, 1.02, 3.71, and 4.67. The three 24-month average corporate bond segment rates applicable for October 2012, without adjustment by the applicable percentage of the 25-year average segment rates, are as follows: 2 4-MonthSegmentRatesWithoutAdjustmentby25-YearAverageSegmentRates First Segment Second Segment Third Segment 1.72 4.585.67 2012–44 I.R.B.528October 29, 2012 For plan years beginning in 2012, the 24-month average segment rates deter- mined under § 430(h)(2)(C)(iv) must be not less than 90% nor greater than 110% of the 25-year average segment rates. Pur- suant to Notice 2012–55, 2012–36 I.R.B. 332, the first, second, and third 25-year segment rates applicable for plan years beginning in 2012 are 6.15, 7.61, and 8.35, respectively. Therefore, for plan years beginning in 2012, the three adjusted 24-month average corporate bond segment rates applicable for October 2012, taking into account the applicable percentage of the 25-year average segment rates, are as follows: Adjusted 24-Month Average Segment Rates, U singApplicablePercentageof25-YearAverageSegmentRates Applicable Month For Plan Years Beginning in First Segment Second Segment Third Segment October 20122012 5.546.857.52 The 25-year average segment rates for the period ending September 30, 2012 have not been determined yet. The Ser- vice will issue additional guidance on the October 2012 adjusted 24-month average segment rates applicable for plan years beginning in 2013 when those 25-year average segment rates are determined. 30-YEAR TREASURY SECURITIES INTEREST RATES Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- bleinterestrateforamonthistheannual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for September 2012 is 2.88 per- cent. The Service has determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond ma- turing in August 2042. Generally for plan years beginning after 2007, § 431 specifies the mini- mum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in section 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the inter- est rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities dur- ing the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate. The following rates were determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average90%to105% October20123.693.323.88 MINIMUM PRESENT VALUE SEGMENT RATES In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month average. For plan years beginning in 2008 through 2011, the applicable interest rates are the monthly spot segment rates blended with the applicable rate under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007. Notice 2007–81 provides guidelines for determining the minimum present value segment rates. Pursuant to that notice, the minimum present value transitional segment rates determined for September 2012, taking into account the September 2012 30-year Treasury rate of 2.88 stated above, are as follows: October 29, 20125292012–44 I.R.B. For Plan Years Beginning in First Segment Second Segment Third Segment 20111.39 3.54 4.31 20121.023.714.67 20131.023.714.67 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Division. Mr. Montanaro may be e-mailed atRetirementPlanQuestions@irs.gov. 2012–44 I.R.B.530October 29, 2012 Table I Monthly Yield Curve for September 2012 Derived from September 2012 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.5 0.36 20.54.5140.5 4.69 60.5 4.76 80.5 4.80 1.0 0.54 21.0 4.52 41.04.6961.04.7681.04.80 1.5 0.71 21.54.5341.5 4.69 61.5 4.76 81.5 4.80 2.0 0.85 22.0 4.53 42.04.7062.04.7682.04.80 2.5 0.97 22.54.5442.5 4.70 62.5 4.76 82.5 4.80 3.01.0823.04.5443.04.7063.04.7783.04.80 3.5 1.20 23.54.5543.5 4.70 63.5 4.77 83.5 4.80 4.01.3324.0 4.55 44.04.7064.04.7784.04.80 4.5 1.47 24.54.5644.5 4.71 64.5 4.77 84.5 4.80 5.0 1.64 25.04.5645.0 4.71 65.0 4.77 85.0 4.80 5.5 1.81 25.54.5745.5 4.71 65.5 4.77 85.5 4.80 6.02.0026.04.5746.04.7166.04.7786.04.80 6.5 2.20 26.54.5846.5 4.72 66.5 4.77 86.5 4.80 7.02.4027.0 4.58 47.04.7267.04.7787.04.80 7.52.5927.54.5947.5 4.72 67.5 4.78 87.5 4.81 8.02.7928.0 4.59 48.04.7268.04.7888.04.81 8.5 2.97 28.5 4.60 48.5 4.72 68.5 4.78 88.5 4.81 9.03.1429.04.6049.04.7369.04.7889.04.81 9.5 3.31 29.5 4.61 49.5 4.73 69.5 4.78 89.5 4.81 10.03.4630.04.61 50.0 4.7370.04.7890.04.81 10.53.5930.5 4.62 50.5 4.73 70.5 4.78 90.5 4.81 11.03.7231.04.62 51.0 4.7371.04.7891.04.81 11.5 3.83 31.5 4.63 51.5 4.73 71.5 4.78 91.5 4.81 12.03.9332.04.6352.04.7472.04.7892.04.81 12.5 4.02 32.5 4.63 52.5 4.74 72.5 4.78 92.5 4.81 13.04.1033.04.64 53.0 4.7473.04.7893.04.81 13.5 4.17 33.5 4.64 53.5 4.74 73.5 4.79 93.5 4.81 14.04.2234.0 4.6554.0 4.7474.04.7994.04.81 14.5 4.27 34.54.6554.5 4.74 74.5 4.79 94.5 4.81 15.04.3235.04.6555.04.7575.04.7995.04.81 15.54.3535.5 4.66 55.54.7575.5 4.79 95.5 4.81 16.04.3836.04.66 56.04.75 76.04.7996.04.81 16.5 4.41 36.5 4.66 56.54.7576.5 4.79 96.5 4.81 17.04.4337.04.67 57.04.75 77.04.7997.04.81 17.54.4537.5 4.67 57.54.7577.5 4.79 97.5 4.82 18.04.4638.04.6758.04.7578.04.7998.04.82 18.5 4.48 38.5 4.68 58.54.7578.5 4.79 98.5 4.82 19.04.4939.04.68 59.0 4.7679.04.7999.04.82 19.54.5039.5 4.68 59.5 4.76 79.5 4.79 99.5 4.82 20.0 4.51 40.04.6860.04.7680.04.80100.04.82 October 29, 20125312012–44 I.R.B. Part IV. Items o fGeneralInterest Additional Re quirements for Charitable Ho spitals; Hearing; Correction Announcement 2012–41 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Noti ce of public hearing on no- tice propose d rulemaking. SUMMARY: This document changes the date of a public hearing on proposed regu- lations (REG–130266–11, 2012–32 I.R.B. 126) that provide guidance regarding the requirements for charitable hospital orga- nizations relating to financial assistance and emergency medical care policies, charges for certain care provided to indi- viduals eligible for financial assistance, and billing and collections. DATES: The public hearing originally scheduled for Monday, October 29, 2012, at 10 a.m. is rescheduled for Wednesday, December 5, 2012, at 10 a.m. Outlines of topics to be discussed at the public hearing must be received by November 7, 2012. ADDRESSE S: The public hearing is be- ingheldi n the IRS Auditorium, Internal Revenue S ervice Building, 1111 Con- stitution Ave nue NW, Washington, DC 20224. Due to b uilding security proce- dures, visito rs must enter at the Consti- tution Avenue entrance. In addition, all visitors must present photo identification to enter the b uilding. Send Submissions to CC:PA:LPD :PR (REG–130266–11), Room 5205, In ternal Revenue Service, P.O. Box 7604 , Ben Franklin Station, Washington , DC 20044. Submissions may be hand deli vered Monday through Friday to CC:PA:LP D:PR (REG–130266–11), Couriers De sk, Internal Revenue Ser- vice, 1111 Constitution Avenue NW, Washingto n, DC or sent electronically via the Fed eral eRulemaking Portal at www.regul ations.gov(REG–130266–11). FOR FURTHE R INFORMATION CONTACT: C oncerning the reg- ulations, Amber L. Mackenzie or Preston J . Quesenberry at (202) 622–6070; concerni ng submissions of comments, the heari ng and/or to be placed on the build ing access list to attend the hearing, Oluwafunmilayo Taylor at (202) 622–718 0 (not toll-free numbers). SUPPLEME NTARY INFORMATION: A notice of public hearing on proposed rule- making a ppearing in the Federal Regis- ter on Mo nday, October 1, 2012 (77 FR 59878), announced that apublic hearing on proposed re gulations regarding the re- quirements fo r charitable hospital organi- zations, woul dbeheldonMonday,Octo- ber 29, 2012, b eginning at 10 a.m. in the auditorium of the Internal Revenue Ser- vice Buildin g at 1111 Constitution Avenue NW, Washingt on, DC. Thedateofth e public hearing has been changed. The hearing is now scheduled for Wednesday, D ecember 5, 2012, beginning at 10 a.m. in t he auditorium of the Inter- nal Revenue Service at 1111 Constitution Avenue NW, W ashington, DC. Outlines of topics to be discussed at the public hearing must be rece ived by November 7, 2012. Because of a ccess restrictions, the IRS will not adm it visitors beyond the imme- diate entr ance area more than 30 minutes before the hearing starts. For informa- tion about having your name placed on the building a ccess list to attend the hearing, see the FO R FURTHER INFORMATION CONTACT s ection of this document. LaNita Va nDyke, Chief, Publicat ions and Regulations Branch, Legal Pro cessing Division, Associa te Chief Counsel (Proced ure and Administration). (Filed by the Office of the Federal Register on October 15, 2012, 8:45 a.m., and published in the issue of the Federal Registe r for October 16, 2012, 77 F.R 63287) 2012–44 I.R.B.532October 29, 2012 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. October 29, 2012i2012–44 I.R.B. Numerical Finding List 1 Bulletins 2012–27 through 2012–44 Announcements: 2012-26, 2012-27 I.R.B.8 2012-27, 2012-27 I.R.B.10 2012-28, 2012-27 I.R.B.10 2012-29, 2012-42 I.R.B.500 2012-30, 2012-34 I.R.B.314 2012-31, 2012-34 I.R.B.315 2012-32, 2012-35 I.R.B.325 2012-33, 2012-35 I.R.B.325 2012-34, 2012-36 I.R.B.334 2012-35, 2012-38 I.R.B.356 2012-38, 2012-43 I.R.B.527 2012-41, 2012-44 I.R.B.532 Notices: 2012-39, 2012-31 I.R.B.95 2012-44, 2012-28 I.R.B.45 2012-45, 2012-29 I.R.B.59 2012-46, 2012-30 I.R.B.86 2012-47, 2012-31 I.R.B.98 2012-48, 2012-31 I.R.B.102 2012-49, 2012-31 I.R.B.119 2012-50, 2012-31 I.R.B.121 2012-51, 2012-33 I.R.B.150 2012-52, 2012-35 I.R.B.317 2012-53, 2012-35 I.R.B.317 2012-55, 2012-36 I.R.B.332 2012-56, 2012-39 I.R.B.370 2012-57, 2012-40 I.R.B.424 2012-58, 2012-41 I.R.B.436 2012-59, 2012-41 I.R.B.443 2012-60, 2012-41 I.R.B.445 2012-61, 2012-42 I.R.B.479 2012-62, 2012-42 I.R.B.489 2012-63, 2012-42 I.R.B.496 2012-64, 2012-44 I.R.B.528 Proposed Regulations: REG-126770-06, 2012-38 I.R.B.347 REG-138367-06, 2012-40 I.R.B.426 REG-101812-07, 2012-34 I.R.B.311 REG-134042-07, 2012-27 I.R.B.5 REG-140668-07, 2012-43 I.R.B.501 REG-153627-08, 2012-29 I.R.B.60 REG-136491-09, 2012-35 I.R.B.321 REG-138489-09, 2012-38 I.R.B.355 REG-125570-11, 2012-30 I.R.B.93 REG-130266-11, 2012-32 I.R.B.126 REG-134935-11, 2012-29 I.R.B.64 REG-141832-11, 2012-28 I.R.B.54 REG-107889-12, 2012-28 I.R.B.53 REG-113738-12, 2012-29 I.R.B.66 Revenue Procedures: 2012-28, 2012-27 I.R.B.4 2012-29, 2012-28 I.R.B.49 2012-30, 2012-33 I.R.B.165 2012-31, 2012-33 I.R.B.256 2012-32, 2012-34 I.R.B.267 2012-33, 2012-34 I.R.B.272 2012-34, 2012-34 I.R.B.280 2012-35, 2012-37 I.R.B.341 2012-36, 2012-39 I.R.B.374 2012-37, 2012-41 I.R.B.449 2012-39, 2012-41 I.R.B.470 2012-40, 2012-40 I.R.B.424 Revenue Rulings: 2012-19, 2012-28 I.R.B.16 2012-20, 2012-27 I.R.B.1 2012-21, 2012-32 I.R.B.123 2012-23, 2012-39 I.R.B.359 2012-24, 2012-36 I.R.B.329 2012-25, 2012-37 I.R.B.337 2012-26, 2012-39 I.R.B.358 2012-27, 2012-41 I.R.B.435 2012-28, 2012-42 I.R.B.476 2012-29, 2012-42 I.R.B.475 Treasury Decisions: 9591, 2012-28 I.R.B.32 9592, 2012-28 I.R.B.41 9593, 2012-28 I.R.B.17 9594, 2012-29 I.R.B.57 9595, 2012-30 I.R.B.71 9596, 2012-30 I.R.B.84 9597, 2012-34 I.R.B.258 9598, 2012-38 I.R.B.343 9599, 2012-40 I.R.B.417 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. 2012–44 I.R.B.iiOctober 29, 2012 Finding List of Current Actions on Previously Published Items 1 Bulletins 2012–27 through 2012–44 Announcements: 83-196 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 85-141 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 2008-105 Modified and superseded by Ann. 2012-34, 2012-36 I.R.B.334 2012-29 Corrected by Ann. 2012-41, 2012-44 I.R.B.532 2012-38 Corrected by Ann. 2012-41, 2012-44 I.R.B.532 Notices: 2009-24 Amplified by Notice 2012-51, 2012-33 I.R.B.150 2011-81 Superseded by Notice 2012-63, 2012-42 I.R.B.496 2012-51 Amplified by Notice 2012-51, 2012-33 I.R.B.150 Proposed Regulations: REG-100276-97 Withdrawn by Ann. 2012-27, 2012-27 I.R.B.10 REG-130266-11 Hearing scheduled by Ann. 2012-38, 2012-43 I.R.B.527 Ann. 2012-29, 2012-42 I.R.B.500 Hearing rescheduled by Ann. 2012-41, 2012-44 I.R.B.532 Revenue Procedures: 94-22 Modified and superseded by Rev. Proc. 2012-35, 2012-37 I.R.B.341 95-15 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 97-27 Modified by Rev. Proc. 2012-39, 2012-41 I.R.B.470 Revenue Procedures— Continued: 98-32 Modified and superseded by Rev. Proc. 2012-33, 2012-34 I.R.B.272 2007-38 Modified and superseded by Rev. Proc. 2012-32, 2012-34 I.R.B.267 2011-14 Clarified and modified by Rev. Proc. 2012-39, 2012-41 I.R.B.470 2011-40 Superseded by Rev. Proc. 2012-30, 2012-33 I.R.B.165 2011-50 Superseded by Rev. Proc. 2012-36, 2012-39 I.R.B.374 Treasury Decisions: 9752 Corrected by Ann. 2012-35, 2012-38 I.R.B.356 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. October 29, 2012iii2012–44 I.R.B. INDEX Internal Revenue Bulletins 2012–27 through 2012–44 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parentheses refer to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Amendment of prohibited payment option under defined sin- gle–employer defined benefit plan of plan sponsor in bank- ruptcy (REG–113738–12) 29,66 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Defined benefit plans funding (Notice 61) 42,479 Election to include in gross income in year of transfer (RP 29) 28,49 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Full funding limitations, weighted average interest rates, seg- ment rates for: July 1, 2012 (Notice 47) 31,98 August 1, 2012 (Notice 53) 35,317 September 1, 2012 (Notice 56) 39,370 October 1, 2012 (Notice 64) 44,528 Funding segment rates, 25–yearaverage segment rates and ad- justed 24–month average segment rates used for pension fund- ing (Notice 55) 36,332 Proposed Regulations: 26 CFR 1.411(d)–4, amended; amendment of prohibited pay- ment option under defined single–employer defined benefit plan of plan sponsor in bankruptcy (REG–113738–12) 29, 66 26 CFR 1.6081–11, amended; 301.6057–1, amended; report- ing and notice requirements for deferred vested benefits un- der section 6057 (REG–153627–08) 29,60 Reporting and notice requirementsfor deferred vested benefits under section 6057 (REG–153627–08) 29,60 Revision of Rev. Proc. 94–22 (RP 35) 37,342 Underfunded plans, notice requirements (Notice 46) 30,86 EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Wage recharacterization revenue ruling (RR 25) 37,337 ESTATE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0, thru –3, added; 25 CFR 25.2505–0, thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28, 54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T, thru –2T, added; 25.2505–0T, thru –3T, added; 602.101, amended; porta- bility of a deceased spousal unused exclusion amount (TD 9593) 28,17 Valuation of certain farm, etc., real property under section 2032A (RR 26) 39,358 EXCISE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Capital loss carrybacks and carryovers (RR 29) 42,475 Determining full-time employees for purposes of shared re- sponsibility for employers regarding health coverage, section 4980H (Notice 58) 41,436 Disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84; (REG–125570–11) 30,93 Guidance on 90–day waiting period limitation under public health service act section 2708 (Notice 59) 41,443 Highway use tax (Notice 57) 40,424 Proposed Regulations: 26 CFR 1.1361–4, amended; 301.7701–2, amended; disre- garded entities and the indoortanning services excise tax (REG–125570–11) 30,93 Regulations: 26 CFR 1.1361–4, amended; 1.1361–4T, added; 301.7701–2T, added; disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84 EXEMPT ORGANIZATIONS Additional requirements for charitable hospitals (REG–130266–11) 32,126; hearing (Ann 29) 42,500; hearing (Ann 38) 43,527; hearing correction (Ann 41) 44,532 2012–44 I.R.B.ivOctober 29, 2012 EXEMPT ORGANIZATIONS—Cont. Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Proposed Regulations: 26 CFR 1.501(r)–0 thru –7, added; additional requirements for charitable hospitals (REG–130266–11) 32,126 Revocations (Ann 32) 35,325 GIFT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0, thru –3, added; 25 CFR 25.2505–0, thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28, 54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T, thru –2T, added; 25.2505–0T, thru –3T, added; 602.101, amended; porta- bility of a deceased spousal unused exclusion amount (TD 9593) 28,17 INCOME TAX Allocation of costs under the simplified methods (REG–126670–12) 38,347 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Application of section 172(h) including consolidated groups (REG–140668–07) 43,501 Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Basis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 Bonds: Qualified energy conversation bonds (Notice 44) 28,45 Tribal economic development bonds (Notice 48) 31,102 Changes in method of accounting, modifying Rev. Procs. 97–27 and 2011–14 (RP 39) 41,470 Charitable contribution deduction (Notice 52) 35,317 Corporations, regulations under section 367(d) applicable to cer- tain outbound asset reorganizations (Notice 39) 31,95 Credits: Low-income housing credit: Utility allowances submetering (REG–136491–09) 35, 321 Qualifying advance coal project section 48A credit (Notice 51) 33,150 Deductions for entertainment use of business aircraft (TD 9597) 34,258 INCOME TAX—Cont. Disciplinary actions involving attorneys, certified public ac- counts, enrolled agents, and enrolled actuaries (Ann 28) 27, 10; (Ann 33) 35,325 Dividend equivalents from sources within the United States; cor- rection (Ann 35) 38,356 Election to include in gross income in year of transfer (RP 29) 28,49 Financial asset securitization investment trusts (Ann 27) 27,10 Forms: 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, requirements for filing electronically (RP 30) 33,165 1040-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, specifications for filing elec- tronically (RP 36) 39,374 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, Electronically (RP 37) 41,449 Gross income, per capital payments from proceeds of settlement of Indian tribal trust cases (Notice 60) 41,445 Insurance, effectively connected income (RP 40) 30,424 Integrated transactions of qualifying debt (TD 9598) 38,343; (REG–138489–09) 38,355 Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2012 (RR 20) 27,1 August 2012 (RR 21) 32,123 September 2012 (RR 24) 36,329 October 2012 (RR 28) 42,476 Rates: Underpayment and overpayments, quarter beginning: October 2012 (RR 23) 39,359 Involuntary conversions, livestock sold on account of drought, extension of replacement period, list of affected counties (No- tice 62) 42,489 Marginal production rates, 2012 (Notice 50) 31,121 Modification to consolidated return regulation permitting an election to treat a liquidationof a target, followed by a recon- tribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 Overall foreign loss recapture on property dispositions (REG–134935–11) 29,64 Property traded on an established market (TD 9599) 40,417 Proposed Regulations: 26 CFR 1.42–10, –12, amended; utility allowances submeter- ing (REG–136491–09) 35,321 26 CFR 1.108–7, amended; 1.366–0, amended; 1.1366–2, –5, amended; 1.1367–1(h), amended; 1.1367–3, amended; ba- sis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 26 CFR 1.172(h)–0 thru –5, added; 1.1502–21, amended; 1.1502–72, added; regulations regarding the applica- tion of section 172(h) including consolidated groups (REG–140668–07) 43,501 26 CFR 1.988–5T, added; integrated transactions of qualify- ing debt (REG–138489–09) 38,355 October 29, 2012v2012–44 I.R.B. INCOME TAX—Cont. 26 CFR 1.263A–0, –2, amended; allocation of costs under the simplified methods (REG–126670–12) 38,347 26 CFR 1.274–2, amended; 1.274–8, revised; reimbursed en- tertainment expenses (REG–101812–07) 34,311 26 CFR 1.904–4, amended; 1.904(g)–3, amended; over- all foreign loss recaptureon property dispositions (REG–134935–11) 29,64 26 CFR 1.7874–3, added; substantial business activities (REG–107889–12) 28,53 31 CFR 10.1, .3, .22, .31, .35, .36, .37, .52, .81, .82, .91, revised; regulations governing practice before the Internal Revenue Service (REG–138367–06) 40,426 Publications: 1120, Specifications for filing Forms 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, electronically, 2012 revision (RP 30) 33,165 1187, Specifications for filing Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, revised (RP 36) 39,374 1239, Specifications for filing Forms 8027, Employer’s An- nual Information Returns of Tip Income and Allocated Tips, Electronically (RP 37) 41,449 4810, Specifications for filing Form 8955–SSA, Annual Reg- istration Statement Identifying Separated Participants With Deferred Vested Benefits, Electronically (RP 34) 34,280 Qualifying income under section 7704(d) (RP 28) 27,4 Regulations: 26 CFR 1.61–21, amended; 1.274–9, –10, added; deductions for entertainment use of business aircraft (TD 9597) 34,258 26 CFR 1.871–16T, amended; dividend equivalents from sources within the United States; correction (Ann 35) 38, 356 26 CFR 1.904–0, –1, –2, –7, –8, amended; 1.904(f)–0T, –1T, –2T, –7T, –8T, removed; 1.904(g)–0, –1, –2, –3, amended; 1.904(g)–0T, –1T, –2T, –3T, removed; 1.502–9, amended, 1.1502–9T, removed; treatment of overall foreign and do- mestic losses (TD 9595) 30,71 26 CFR 1.988–5, added; integrated transactions of qualifying debt (TD 9598) 38,343 26 CFR 1.1273–0 thru –2, amended; 1.1274–3, amended; 1.1275–2, –4, amended; 602.101, amended; property traded on an established market (TD 9599) 40,417 26 CFR 1.1502–13, amended; 1.1502–13T, removed; 602.101, amended; modification to consolidated return regulation permitting an election to treat a liquidation of a target, followed by a recontribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 26 CFR 1.7874–1, amended; 1.7874–1T, removed; 1.7874–2, added; surrogate foreign corporations (TD 9591) 28,32 26 CFR 1.7874–3T, added; substantial business activities (TD 9592) 28,41 Regulations governing practice before the Internal Revenue Ser- vice (REG–138367–06) 40,426 Reimbursed entertainment expenses (REG–101812–07) 34,311 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Revocations, exempt organizations (Ann 32) 35,325 INCOME TAX—Cont. Section 43 inflation adjustment, 2012 (Notice 49) 31,119 Special per diem rates, 2012–2013 (Notice 63) 42,496 Standard Industry Fare Level (SIFL) (RR 27) 41,435 Substantial business activities (TD 9592) 28,41; (REG–107889–12) 28,53 Surrogate foreign corporations (TD 9591) 28,32 Tax Conventions: U.S.-Belgium agreement regarding taxes imposed by Bel- gium municipalities (Ann 30) 34,314 U.S.-Canada agreement regarding OECD report on the attri- bution of profits to permanent establishments (Ann 31) 34, 315 U.S.-Netherlands agreement of limited funds for mutual ac- count (LFMA) (Ann 26) 27,8 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Treatment of income from certain government bonds for pur- poses of the passive foreign investment company (PFIC) rules (Notice 45) 29,59 Treatment of overall foreign and domestic losses (TD 9595) 30, 71 SELF-EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 2012–44 I.R.B.viOctober 29, 2012 Internal Revenue Service W ashington,DC20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis andare notincluded as part of the subscription to the Internal Revenue Bulletin. For the foreseeable future, the IRS will not create Cumulative Bulletins after the 2008–2 edition. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Businesses. Under Businesses Topics, select More Topics. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD-ROM Internal Revenue Bulletins are available annually as partof Publication 1796 (Tax Products CD-ROM). The CD-ROM can be purchased from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders (discount for online orders) or by calling 1-877-233-6767. The first release is available in mid-December and the final release is available in late January. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BU LLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be p leased to hear from you. You can email us your suggestions orcomments through the IRS Internet Home Page (www.irs.gov) or write t o the IRS Bulletin Unit, SE:W:CAR:MP:T:M:S, Washington, DC 20224.
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