us-irs-revenue-procedures-irb-2004-41-pdf•Internal Revenue Bulletin 2004-41 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2004-41 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2004-41-pdfInternal Revenue Bulletin 2004-41 (PDF rendition): IRS Revenue ProceduresGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
Bulletin No. 200 4-41 October 12, 2004 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. INCOME TAX Rev. Rul. 2004–96, page 593. Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate.For pur- poses of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for October 2004. Notice 200 4–61, page 596. This notic e describes the transition period for purposes of sec- tions 7702 and 7702A of the Code from the 1980 Commis- sioners St andard Ordinary mortality tables (CSO tables) to the 2001 CSO t ables that are to be used by issuers of life insur- ance prod ucts. Notice 88–128 supplemented. Notice 2004–63, page 597. This notice announces that the Service will not assert penalties for failure to report, under section 6050S of the Code, pay- ments of loan origination fees and capitalized interest received in calendar year 2004 on qualified education loans made on or after September 1, 2004. Notice 2004–65, page 599. This document modifies Notice 2002–70, 2002–2 C.B. 765, and Notice 2003–76, 2003–49 I.R.B. 1181, to remove certain reinsurance arrangements, which involve producer owned rein- surance companies (PORCs) from those identified as a “listed transaction,” and notifies taxpayers that the Service will con- tinue to scrutinize such arrangements. Notices 2002–70 and 2003–76 modified. EMPLOYEE PLANS Announcement 2004–72, page 650. Nonbank trustees; section 1.408–2(e) of the regulations. This announcement contains a list of entities previously ap- proved to act as nonbank trustees and nonbank custodians within the meaning of section 1.408–2(e) of the regulations. In addition, the announcement contains instructions on how er- rors in the list may be corrected. Announcement 2003–54 updated and superseded. Announce ment 2004–80, page 663. Form 5500 ; Schedule B; actuarial data.This announce- ment clar ifies the instructions to line 8c of the 2003 Schedule BofForm5 500. EXEMPT ORGANIZATIONS Notice 2004–64, page 598. This notice alerts taxpayers to recent amendments to section 501(c)(15) of the Code that may affect the qualification of enti- ties as tax-exempt property and casualty insurance companies described in section 501(c)(15). The notice advises taxpayers that the Service will continue to scrutinize the eligibility of enti- ties claiming to be tax-exempt property and casualty insurance companies. (Continued on the next page) Actions Relating to Court Decisions is on the page following the Introduction. Fi nding Lists begin on page ii. EXCISE TAX Announcement 2004–77, page 662. This document states that relief from the section 6715 penalty for highway use of dyed diesel fuel in Florida is extended until October 5, 2004. Announcement 2004–70 amended. ADMINISTRATIVE Notice 2004–67, page 600. This notice sets out transactions that have been identified by the Department of the Treasury and the IRS as “listed transac- tions” for purposes of the regulations under sections 6011 and 6111 of the Code. Notice 2003–76 supplemented and super- seded. Rev. Proc. 2004–58, page 602. General rules and specifications for private printing of substitute forms.This procedure provides requirements for reproducing paper substitutes and for furnishing substitute recipient statements for Forms 1096, 1098, 1099, 5498, W–2G, and 1042–S. It will be reproduced as the next revision of Publication 1179. Rev. Proc. 2003–28 superseded. Announceme nt 2004–79, page 662. This announ cement states that Publication 1187,Specifica- tions for Fi ling Forms 1042–S,Foreign Person’s U.S. Source In- come Subje ct to Withholding, Electronically or Magnetically,will not be revi sed by the beginning of the testing season Novem- ber 1 throu gh December 15, 2004, and details changes to the publicati on so filers may submit a test file. October 12, 20042004–41 I.R.B. The IRS Mission Provide America’s taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly 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 Sec- retary (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. 2004–41 I.R.B.October 12, 2004 Actions Relating to Decisions of the Tax Court It is the policy of the Internal Rev- enue Service to announce at an early date whether it will follow the holdings in cer- tain cases. An Action on Decision is the document making such an announcement. An Action on Decision will be issued at the discretion of the Service only on unap- pealed issues decided adverse to the gov- ernment. Generally, an Action on Decision is issued where its guidance would be help- ful to Service personnel working with the same or similar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirmative statement of Service position. It is not intended to serve as public guidance and may not be cited as precedent. Actions on Decisions shall be relied upon within the Service only as conclu- sions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be exercised in extending the recommenda- tion of the Action on Decision to similar cases where the facts are different. More- over, the recommendation in the Action on Decision may be superseded by new legis- lation, regulations, rulings, cases, or Ac- tions on Decisions. Prior to 1991, the Service published acquiescence or nonacquiescence only in certain regular Tax Court opinions. The Service has expanded its acquiescence program to include other civil tax cases where guidance is determined to be help- ful. Accordingly, the Service now may acquiesce or nonacquiesce in the holdings of memorandum Tax Court opinions, as well as those of the United States District Courts, Claims Court, and Circuit Courts of Appeal. Regardless of the court decid- ing the case, the recommendation of any Action on Decision will be published in the Internal Revenue Bulletin. The recommendation in every Action on Decision will be summarized as ac- quiescence, acquiescence in result only, or nonacquiescence. Both “acquiescence” and “acquiescence in result only” mean that the Service accepts the holding of the court in a case and that the Service will follow it in disposing of cases with the same controlling facts. However, “ac- quiescence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acquiescence in result only” indicates disagreement or concern with some or all of those reasons. “Nonacquiescence” sig- nifies that, although no further review was sought, the Service does not agree with the holding of the court and, generally, will not follow the decision in disposing of cases involving other taxpayers. In reference to an opinion of a circuit court of appeals, a “nonacquiescence” indicates that the Service willnot follow the hold- ing on a nationwide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the deciding circuit. The Actions on Decisions published in the weekly Internal Revenue Bulletin are consolidated semiannually and appear in the first Bulletin for July and the Cumula- tive Bulletin for the first half of the year. A semiannual consolidation also appears in the first Bulletin for the following January and in the Cumulative Bulletin for the last half of the year. The Commissioner ACQUIESCES in the following decision: United States Internal Revenue Service v. Donald Snyder, 1 343 F.3d 1171 (9th Cir. 2003) 1 Acquiescence relating to whether the value of a debtor’s interest in a pension plan that is excluded from the bankruptcy estate under Bankruptcy Code section 541(c)(2) should be included in the value of the Service’s secured claim under Bankruptcy Code section 506(a). October 12, 20042004–41 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 42.—Low-Income Housing Credit The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 280G.—Golden Parachute Payments Federal short-term, mid-term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 382.—Limitation on Net Operating Loss Carryforwards and Certain Built-In Losses Following Ownership Change The adjusted applicable federal long-term rate is set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 412.—Minimum Funding Standards The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 4 67.—Certain Payments for the Use of Property or Services The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 468.—Special Rules for Mining and Solid Waste Reclamation and Closing Costs The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 482.—Allocation of Income and Deductions Among Taxpayers Federal short-term, mid-term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 483.—Interest on Certain Deferred Payments The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 642.—Special Rules for Credits and Deductions Federal short-term, mid-term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 807.—Rules for Certain Reserves The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 846.—Discounted Unpaid L osses Defined The adju sted applicable federal short-term, mid- term, an d long-term rates are set forth for the month of Octob er 2004. See Rev. Rul. 2004-96, page 593. Section 1274.—Determi- nation of Issue Price in the Case of Certain Debt Instru- ments Issued for Property (Also, Sections 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate.For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for October 2004. Rev. Rul. 2004–96 This revenue ruling provides various prescribed rates for federal income tax purposes for October 2004 (the current month). Table 1 contains the short-term, mid-term, and long-term applicable fed- eral rates (AFR) for the current month for purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the short-term, mid-term, and long-term adjusted applicable federal rates (adjusted AFR) for the current month for purposes of section 1288(b). Table 3 sets forth the adjusted federal long-term rate and the long-term tax-exempt rate described in section 382(f). Table 4 contains the ap- propriate percentages for determining the low-income housing credit described in section 42(b)(2) for buildings placed in service during the current month. Finally, Table 5 contains the federal rate for deter- mining the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of section 7520. 2004–41 I.R.B.593October 12, 2004 REV. RUL. 2004–96 TABLE 1 Applicable Federal Rates (AFR) for October 2004 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-Term AFR2.26%2.25%2.24%2.24% 110% AFR2.50%2.48%2.47%2.47% 120% AFR2.72%2.70%2.69%2.68% 130% AFR2.95%2.93%2.92%2.91% Mid-Term AFR3.62%3.59%3.57%3.56% 110% AFR3.99%3.95%3.93%3.92% 120% AFR4.36%4.31%4.29%4.27% 130% AFR4.72%4.67%4.64%4.63% 150% AFR5.46%5.39%5.35%5.33% 175% AFR6.38%6.28%6.23%6.20% Long-Term AFR4.84%4.78%4.75%4.73% 110% AFR5.33%5.26%5.23%5.20% 120% AFR5.82%5.74%5.70%5.67% 130% AFR6.31%6.21%6.16%6.13% REV. RUL. 2004–96 TABLE 2 Adjusted AFR for October 2004 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term adjusted AFR 1.57%1.56%1.56%1.55% Mid-term adjusted AFR2.84%2.82%2.81%2.80% Long-term adjusted AFR 4.27%4.23%4.21%4.19% REV. RUL. 2004–96 TABLE 3 Rates Under Section 382 for October 2004 Adjusted federal long-term rate for the current month4.27% Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted federal long-term rates for the current month and the prior two months.)4.64% REV. RUL. 2004–96 TABLE 4 Appropriate Percentages Under Section 42(b)(2) for October 2004 Appropriate percentage for the 70% present value low-income housing credit7.98% Appropriate percentage for the 30% present value low-income housing credit3.42% October 12, 20045942004–41 I.R.B. REV. RUL. 2004–96 TABLE 5 Rate Under Section 7520 for October 2004 Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or reversionary interest4.4% Section 1288.—Treatment of Original Issue Discount on Tax-Exempt Obligations The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 7520.—Valuation Tables The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. Section 7872.—Treatment of Loans With Below-Market Interest Rates The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of October 2004. See Rev. Rul. 2004-96, page 593. 2004–41 I.R.B.595October 12, 2004 Part III. Administrative, Procedural, and Miscellaneous Guidance Concerning Use of 2001 CSO Tables Under Section 7702 Notice 2004–61 SECTION 1. PURPOSE This notice provides rules interpreting the reasonable mortality charge require- ment contained in § 7702(c)(3)(B)(i) of the Internal Revenue Code. Specif- ically, this notice supplements Notice 88–128, 1988–2 C.B. 540, by providing safe harbors regarding the use of either the 1980 Commissioners’ Standard Or- dinary mortality and morbidity tables (1980 CSO tables) or the 2001 Commis- sioners’ Standard Ordinary mortality and morbidity tables (2001 CSO tables) by taxpayers to determine whether mortal- ity charges are reasonable. These safe harbors are designed to assist taxpayers in complying with the requirements of § 7702(c)(3)(B)(i). SECTION 2. BACKGROUND Section 7702 of the Code defines the term “life insurance contract” for purposes of the Code. Section 7702(a) provides that a “life insurance contract” is any con- tract that is a life insurance contract under the applicable law, but only if such con- tract either (1) meets the cash value ac- cumulation test of § 7702(b), or (2) both meets the guideline premium requirements of § 7702(c) and falls within the cash value corridor of § 7702(d). Section 7702(c)(3)(B)(i) provides that the guideline single premium un- der § 7702(c) is determined on the basis of reasonable mortality charges that meet the requirements (if any) prescribed in regulations and that (except as provided in regulations) do not exceed the mortality charges specified inthe prevailing com- missioners’ standard tables (as defined in § 807(d)(5)) as of the time the contract is issued. The mortality charges specified in § 7702(c)(3)(B)(i) are also used for de- termining the “net single premium” (see § 7702(b)(2)(B)), and the “guideline level premium” (see§ 7702(c)(4)). The same reasonable mortality charge standard ap- plies for purposes of determining whether a life insurance contract is a modified endowment contract under 7702A (see § 7702A(c)(1)(B)). Section 807(d)(5)(A) provides that the term “prevailing commissioners’ stan- dard tables” means, with respect to any contract, the most recent commissioners’ standard tables prescribed by the National Association of Insurance Commissioners (NAIC) that are permitted to be used in computing reserves for that type of con- tract under the insurance laws of at least 26 states when the contract was issued. Section 807(d)(5)(B) provides a 3-year transition period during which an insurer may use either the newly prevailing CSO tables or those that were previously pre- vailing. The 2001 CSO tables prescribed by the NAIC became the prevailing commission- ers’ standard tables within the meaning of section 807(d)(5) during calendar year 2004. In each of the states that have adopted the 2001 CSO tables, the 1980 CSO tables may be used for contracts issued in calendar years through 2008. After 2008, use of the 2001 CSO tables will be mandatory in these states. In states that have not yet adopted the 2001 CSO tables, use of the 1980 CSO tables is still required. SECTION 3. SAFE HARBORS UNDER SECTION 7702 Pending publication of additional guid- ance, the following safe harbors will apply for purposes of § 7702: .01Notice 88–128. The interim rules described in Notice 88–128 remain in ef- fect, except as otherwise modified by this notice. .021980 CSO tables. A mortality charge with respect to a life insurance contract will satisfy the requirements of § 7702(c)(3)(B)(i) so long as (1) the mor- tality charge does not exceed 100 percent of the applicable mortality charge set forth in the 1980 CSO tables; (2) the mortal- ity charge does not exceed the mortality charge specified in the contract at is- suance; (3) the contract is issued in a state that permits or requires the use of the 1980 CSO tables at the time the contract is is- sued; and (4) the contract is issued before January 1, 2009. .032001 CSO tables. A mortality charge with respect to a life insurance contract will satisfy the requirements of § 7702(c)(3)(B)(i) so long as (1) the mortality charge does not exceed 100 per- cent of the applicable mortality charge set forth in the 2001 CSO tables; (2) the mortality charge does not exceed the mor- tality charge specified in the contract at issuance; and (3) either the contract is issued after December 31, 2008, or the contract is issued before January 1, 2009, in a state that permits or requires the use of the 2001 CSO tables at the time the contract is issued. SECTION 4. RULES FOR GENDER- OR SMOKER-BASED TABLES Mortality charges that do not exceed the applicable charges in gender- or smoker- based variations of the 1980 CSO tables or 2001 CSO tables (asapplicable) will be treated as reasonablemortality charges, provided the following requirements are satisfied: .01Unisex tables. If a state permits minimum nonforfeiture values for all con- tracts issued under a plan of insurance to be determined using the 1980 or 2001 CSO Gender-Blended Mortality tables (“unisex tables”), then the applicable mor- tality charges in those tables are treated as reasonable mortality charges for female insureds provided the same tables are used to determine mortality charges for male insureds. .02Smoker/nonsmoker tables.Ifastate permits minimum nonforfeiture values for all contracts issued under a plan of insur- ance to be determined using the 1980 or 2001 CSO Smoker and Nonsmoker Mor- tality tables (“smoker/nonsmoker tables”), then the applicable mortality charges in those tables for smoker insureds are treated as reasonable mortality charges provided nonsmoker tables are used to determine nonsmoker mortality charges. SECTION 5. ISSUE DATE OF CONTRACTS .01 For purposes of this notice, the date on which a contract was issued gen- erally is to be determined according to the standards that applied for purposes October 12, 20045962004–41 I.R.B. of the original effective date of section 7702.SeeH.R. Conf. Rep. No. 861, 98th Cong., 2d Sess. 1076 (1984), 1984–3 (Vol. 2) C.B. 330;see also1Staffof Senate Comm. on Finance, 98th Cong., 2d Sess.,Deficit Reduction Act of 1984, Explanation of Provisions Approved by the Committee on March 21, 1984,at579 (Comm. Print 1984). Thus, contracts re- ceived in exchange for existing contracts are to be considered new contracts issued on the date of the exchange. For these purposes, a change in an existing contract is not considered to result in an exchange if the terms of the resulting contract (that is, the amount and pattern of death bene- fit, the premium pattern, the rate or rates guaranteed on issuance of the contract, and mortality and expense charges) are the same as the terms of the contract prior to the change. .02 Notwithstanding Section 5.01, if a life insurance contract satisfied Section 3.01 or Section 3.02 when originally is- sued, a change from previous tables to the 2001 CSO tables is not required if: (a) The change, modification, or exer- cise of a right to modify, add or delete ben- efitsispursuanttothetermsofthecon- tract; (b) The state in which the contract is issued does not require use of the 2001 CSO tables for that contract under its stan- dard valuation and minimum nonforfeiture laws; and (c) The contract continues upon the same policy form or blank. The changes, modifications, or exer- cises of contractual provisions referred to in this subsection include addition or re- moval of a rider, an increase or decrease in death benefit (if the change is not un- derwritten), and a change from an option 1 to option 2 contract or vice versa. SECTION 6. EFFECT UPON OTHER PUBLICATIONS This notice supplements Notice 88–128. SECTION 7. REQUEST FOR COMMENTS The Internal Revenue Service and the Treasury Department recognize that ad- ditional guidance may be needed regard- ing the application of § 7702(c)(3)(B)(i). Therefore, the Treasury Department and the IRS request comments from taxpayers regarding guidance needed to address is- sues not specifically addressed by this no- tice or by Notice 88–128, including issues addressed by § 1.7702–1 of the proposed Income Tax Regulations, published in the FederalRegisteronJuly5,1991(56Fed. Reg. 30718). Comments should be submitted by January 10, 2005. Comments may be sub- mitted to CC:PA:RU (Notice 2004–61), room 5203, Internal Revenue Service, PO Box 7604, Ben Franklin Station, Wash- ington, DC 20044. Comments may be hand delivered between the hours of 8:00 a.m. and 4 p.m. Monday to Friday to CC:PA:RU (Notice 2004–61), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW, Washington, DC 20224. Alternatively, comments may be submitted via the internet at Notice.Comments@irscounsel.treas.gov. All comments will be available for public inspection and copying. SECTION 8. PROCEDURAL INFORMATION This notice serves as an “administrative pronouncement” as that term is described in § 1.6661–3(b)(2) of the regulations and maybereliedupontothesameextentasa revenue ruling or a revenue procedure. DRAFTING INFORMATION The principal author of this notice is Ann H. Logan of the Office of Asso- ciate Chief Counsel (Financial Institutions & Products). For further information re- garding this notice, contact Ann H. Logan at (202) 622–3970 (not a toll-free call). Returns Relating to Interest Payments on Qualified Education Loans Notice 2004–63 PURPOSE This notice announces that the Internal Revenue Service will not assert penalties under section 6721 (failure to file correct information returns) or section 6722 (fail- ure to furnish correct information state- ments) of the Internal Revenue Code for the failure to report under section 6050S payments attributable to loan origination fees and capitalized interest received in calendar year 2004 on qualified education loans made on or after September 1, 2004, if a person receiving payments satisfies the requirements set forth below. This notice also announces that a borrower who re- ceives an information statement indicating that it does not include payments of loan origination fees may use any reasonable method to allocate the loan origination fees over the term of the loan for purposes of the deduction allowable under section 221. BACKGROUND Section 6050S requires certain persons (payees) who receive payments of interest on one or more qualified education loans, as defined in section 221(d)(1), to file in- formation returns with the Service and to furnish a corresponding information state- ment to the individual named on the infor- mation return (borrower) showing the in- formation that is reported to the Service. The return and statement are required to include information concerning the aggre- gate amount of interest received from the individual during the calendar year to as- sist taxpayers and the Service in determin- ing the amount of qualified education loan interest that taxpayers may deduct under section 221. The specific information re- porting requirements applicable to payees for the calendar years 1998 through 2001 are described in Notice 98–7, 1998–1 C.B. 339 (as modified by Notice 98–54, 1998–2 C.B. 641; Notice 99–37, 1999–2 C.B. 124; and Notice 2000–62, 2000–2 C.B. 587). On April 29, 2002, the Treasury De- partment and the Service issued final regulations under section 6050S.See67 Fed. Reg. 20901. The final regulations extended the reporting requirements de- scribed in Notice 98–7 (as modified) for calendar year 2002. The final regulations apply to information returns required to be filed, and information statements required to be furnished, for payments received during calendar year 2003 and later years. Section 1.6050S–3(e)(1) of the Income Tax Regulations contained a special tran- sitional rule under which payees were not required to report payments of loan origi- nation fees or capitalized interest received on qualified education loans made before January 1, 2004. 2004–41 I.R.B.597October 12, 2004 On May 7, 2004, the Treasury De- partment and the Service finalized the section 221 regulations and amended sec- tion 1.6050S–3(e) by extending the special transitional rule.See69 Fed. Reg. 25489. Amended section 1.6050S–3(e)(1) pro- vides that payees are not required to report payments of loan origination fees and capitalized interest for qualified education loans made before September 1, 2004. For qualified education loans made on or after September 1, 2004, however, payees are required to report payments of inter- est (including loan origination fees and capitalized interest) received on qualified education loans on Form 1098-E, “Student Loan Interest Statement.” Payees have advised the Treasury De- partment and the Service that the period of time between May 7, 2004, the publi- cation date of the section 221 regulations and the amended section 6050S regula- tions, and September 1, 2004, the date as of which payees must begin to capture in- formation on payments of loan origination fees and capitalized interest, does not pro- vide sufficient lead time for some payees to make the necessary programming changes to comply with the reporting requirements. PENALTY RELIEF In light of these comments, the Service will not assert penalties under section 6721 or section 6722 for failure to report pay- ments attributable to loan origination fees and capitalized interest received in calen- daryear2004onaqualifiededucationloan made on or after September 1, 2004, if the payee: (1) files and furnishes in a timely man- ner a Form 1098-E (or other appropriate information statement) that (i) includes the amount of interest (except for any loan origination fees or capitalized interest) re- ceived in 2004 in box 1, (ii) does not in- clude a check in box 2, and (iii) includes all other required information; and (2) furnishes a statement to the bor- rower indicating that the amount of inter- est reported in box 1 of Form 1098-E for calendar year 2004 does not include pay- ments attributable to either loan origina- tion fees or capitalized interest received on qualified education loans made on or after September 1, 2004, and that the borrower may be able to deduct amounts in addition to the amount reported in box 1. The penalty relief under this notice will allow additional time for payees to make the necessary programming changes to en- able them to capture information on and report payments of loan origination fees and capitalized interest received in 2005 and future calendar years consistent with the reporting requirements of the amended section 6050S regulations for qualified ed- ucation loans made on or after September 1, 2004. Forms 1098-E for calendar year 2004 mustbefiledwiththeServicebyFebruary 28, 2005, if filed on paper or by magnetic media, or by March 31, 2005, if filed elec- tronically. In addition, payees must furnish information statements to the borrower on or before January 31, 2005. Notwithstanding sections 1.163–7(a) and 1.1275–2(a), a borrower who receives a Form 1098-E (or other appropriate infor- mation statement) indicating that it does not include payments of loan origination fees may use any reasonable method to allocate the loan origination fees over the term of the loan for purposes of the de- duction allowable under section 221. A method that results in the double deduction of the same portion of a loan origination fee would not be reasonable. EFFECTIVE DATE This notice is effective as of September 1, 2004. CONTACT INFORMATION The principal author of this notice is Tonya L. Christianson of the Of- fice of Associate Chief Counsel (Pro- cedure & Administration). For further information regarding this notice, con- tact Ms. Christianson at (202) 622–4910 (not a toll-free call). Modification of Exemption From Tax for Small Property and Casualty Insurance Companies Notice 2004–64 This notice alerts taxpayers to recent amendments to § 501(c)(15) of the Inter- nal Revenue Code. These amendments may affect the qualification of entities as tax-exempt property and casualty insur- ance companies described in § 501(c)(15). This notice advises taxpayers that the Ser- vice will continue to scrutinize the eligi- bility of entities claiming to be tax-exempt property and casualty insurance compa- nies.SeeNotice 2003–35, 2003–1 C.B. 992. BACKGROUND AND PRIOR LAW Section 501(a) provides that an organ- ization described in § 501(c) is exempt from federal income tax. Prior to the re- cent amendments, former § 501(c)(15)(A) provided that an insurance company, other than a life insurancecompany, was tax-ex- empt if its net written premiums (or, if greater, its direct written premiums) did not exceed $350,000. For purposes of determining whether the insurance com- pany met the $350,000 premium test for the taxable year, the premiums received in that taxable year by all companies or asso- ciations in the same controlled group (as defined in § 831(b)(2)(B)(ii) of the Code) as the insurance company were treated as though received by the insurance com- pany. PENSION FUNDING EQUITY ACT OF 2004 The Pension Funding Equity Act, P.L. 108–218, (the “Act”) was enacted on April 10, 2004. Section 206 of the Act made several changes to § 501(c)(15) that, in general, are effective for taxable years be- ginning after December 31, 2003. Specif- ically, the Act amended § 501(c)(15) to provide that a property and casualty in- surance company is eligible to be exempt from federal income tax if (a) its gross receipts for the taxable year do not exceed $600,000, and (b) more than 50 percent of its gross receipts for the taxable year con- sist of premiums.See§ 501(c)(15)(A)(i). For purposes of these tests, amounts re- ceived by all members of the insurance company’s controlled group (including foreign and tax-exempt companies) are taken into account.See§ 501(c)(15)(C). Alternative gross receipts and premium tests apply to small mutual insurance com- panies.See§ 501(c)(15)(A)(ii). The Act clarifies that, for purposes of § 501(c)(15), the term “insurance com- pany” has the same meaning as in § 816(a) October 12, 20045982004–41 I.R.B. of the Code, which provides that a com- pany is an insurance company if more than half of its business during the taxable year is the issuing of insurance or annuity con- tracts or the reinsuring of risks underwrit- ten by insurance companies. The recent amendments to § 501(c)(15) may affect the qualification of some in- surance companies under § 501(c)(15) for taxable years beginning after December 31, 2003. For example, a non-life stock insur- ance company with $650,000 of gross receipts in a taxable year would have been eligible to be exempt from federal in- come tax before the recent amendments to § 501(c)(15) if the company’s written pre- miums for the year were $350,000 or less. However, for taxable years beginning after December 31, 2003, an insurance company with $650,000 of gross receipts in a taxable year will not be eligible for exemption from tax under § 501(c)(15), as amended by the Act, because the $600,000 gross receipts test will not be met. Conversely, a non-life stock insurance company with $500,000 of gross receipts in a taxable year would not have been eligible to be exempt from federal in- come tax under former § 501(c)(15) if the company’s written premiums for the year were $375,000. However, for taxable years beginning after December 31, 2003, an insurance company with $500,000 of gross receipts in a taxable year, including $375,000 from premiums, will be eligible for exemption from tax under § 501(c)(15), as amended by the Act. Nonetheless, if the same company is a member of a controlled group (as defined in § 501(c)(15)(C)), it will not qualify if other members of the group have gross receipts in the taxable year in excess of $100,000 because the $600,000 gross receipts test will not be met. As previously described in Notice 2003–35, 2003–1 C.B. 992, the Service will continue to challenge the exemption of any entity that claims to be described in § 501(c)(15), but that does not meet the requirements of that section, regardless of whether the exemption is claimed pur- suant to an existing determination letter or on a return filed with the Service. The Service will challenge the qualification of an entity under former § 501(c)(15) for any open taxable year beginning prior to January 1, 2004. The Service will chal- lenge the qualification of an entity under § 501(c)(15), as amended by the Act, for taxable years beginning after December 31, 2003. EFFECTIVEDATEOFAMENDMENTS The amendments to § 501(c)(15) of the Code generally are effective for taxable years beginning after December 31, 2003. A special transition rule applies with re- spect to certain insurance companies in re- ceivership or liquidation. DRAFTING INFORMATION The principal author of this notice is Lee T. Phaup, TE/GE Division, Exempt Organizations. For further information re- garding this notice, contact Ms. Phaup at (202) 283–8935 (not a toll-free call). Certain Reinsurance Arrangements Notice 2004–65 This notice modifies Notice 2002–70, 2002–2 C.B. 765, and Notice 2003–76, 2003–49 I.R.B. 1181, by removing the identification of transactions that are the same as, or substantially similar to, transactions described in Notice 2002–70 as “listed transactions” for purposes of § 1.6011–4(b)(2) of the Income Tax Reg- ulations and §§ 301.6111–2(b)(2) and 301.6112–1(b)(2) of the Procedure and Administration Regulations. The Ser- vice will, however, continue to scrutinize transactions described in Notice 2002–70 that are being used to shift income from taxpayers to related companies purported to be insurance companies that are subject to little or no U.S federal income tax. BACKGROUND Notice 2002–70 describes a reinsurance arrangement involving a taxpayer (“Tax- payer”) (typically a service provider, auto- mobile dealer, lender, or retailer) that of- fers its customers the opportunity to pur- chase an insurance contract through Tax- payer in connection with the products or services being sold. The insurance pro- vides coverage for repair or replacement costs if the product breaks down or is lost, stolen, or damaged, or coverage for the customer’s payment obligations in case the customer dies, or becomes disabled or un- employed. Taxpayer offers the insurance to its customers by acting as an insur- ance agent for an unrelated insurance com- pany (“Company X”). Taxpayer receives a sales commission from Company X equal to a percentage of the premiums paid by Taxpayer’s customers. Taxpayer forms a wholly owned corporation (“Company Y”), typically in a foreign country, to rein- sure the policies sold by Taxpayer. Pro- moters sometimes refer to these compa- nies as producer owned reinsurance com- panies or “PORCs.” If Company Y is a foreign corporation, it typically elects to be treated as a domestic insurance com- pany under § 953(d) of the Internal Rev- enue Code. Company Y takes the posi- tion that it is entitled to the benefits of § 501(c)(15) (providing that certain small non-life insurance companies are tax ex- empt), § 806 (providing a deduction for certain life insurance companies with life insurance company taxable income not in excess of $15,000,000), or § 831(b) (al- lowing qualifying non-life insurance com- panies whose net written premiums do not exceed $1,200,000 to elect to be taxed solely on investment income). Taxpayer receives premiums from its customers and remits those premiums (typically net of its sales commission) to Company X. Com- pany X pays any claims and state premium taxes due and retains an amount from the premiums received from Taxpayer. Under Company Y’s reinsurance agreement with Company X, Company Y reinsures all in- surance policies that Taxpayer sells to its customers. Company X transfers the re- mainder of the premiums to Company Y as reinsurance premiums. Notice 2002–70 alerts taxpayers that, in appropriate cases, the Service intends to challenge the purported tax benefits from these transactions on a number of grounds. Notice 2002–70 also identifies transac- tions that are the same as, or substantially similar to, the transaction described in the Notice 2002–70 as “listed transactions” for purposes of § 1.6011–4T(b)(2) of the temporary Income Tax Regulations (now § 1.6011–4(b)(2) of the Income Tax Reg- ulations) and §§ 301.6111–2T(b)(2) of the temporary Procedure and Administration Regulations (now §§ 301.6111–2(b)(2) of the Procedure and Administration Regula- tions). 2004–41 I.R.B.599October 12, 2004 Section 206 of the Pension Fund- ing Equity Act, P.L. 108–218, amended § 501(c)(15) effective for taxable years be- ginning after December 31, 2003. Notice 2004–64, 2004–41 I.R.B. 598 (October 12, 2004), describes the amendments and notifies taxpayers that the Service will continue to scrutinize the tax-exempt sta- tus of entities claiming to be described in § 501(c)(15). DISCUSSION The Treasury Department and the Ser- vice have concluded that these transac- tions no longer should be identified as “listed transactions” for purposes of the disclosure, registration, and list mainte- nance requirements. Since issuing Notice 2002–70, the Service has examined var- ious types of these arrangements. These examinations have revealed fewer abusive transactions than anticipated. Further, the Treasury Department and the Service anticipate that the recent amendments to § 501(c)(15) will curtail the use of this provision by a number of these arrange- ments. Accordingly, transactions will no longer be identified as “listed transac- tions” for purposes of §§ 1.6011–4(b)(2), 301.6111–2(b)(2) and 301.6112–1(b)(2) solely because they are the same as, or substantially similar to, the transaction described in Notice 2002–70. However, the Service will continue to scrutinize transactions described in Notice 2002–70 that are being used to shift income from taxpayers to related companies purported to be insurance companies that are subject to little or no U.S federal income tax. Al- though a transaction is no longer a “listed transaction” solely because the transaction is described in Notice 2002–70, the trans- action may still otherwise be subject to the disclosure requirement of § 6011, the registration requirement of § 6111, or the list maintenance requirement of § 6112. EFFECT ON OTHER DOCUMENTS Notice 2002–70 and Notice 2003–76 are modified by removing the identifica- tion of transactions that are the same as, or substantially similar to, transactions described in Notice 2002–70 as “listed transactions” effective for taxable years for which the due date of the return (in- cluding extensions, whether or not actually requested) is after September 24, 2004. For further information regarding this notice, contact Nancy Vozar Knapp at (202) 283–8622, John E. Glover (202) 622–3970, or Theodore Setzer at (202) 622–3870 (not a toll-free call). Listed Transactions Notice 2004–67 SECTION 1. PURPOSE This notice updates the list of trans- actions that have been determined by the Internal Revenue Service to be “listed transactions” for purposes of § 1.6011–4(b)(2) of the Income Tax Reg- ulations and §§ 301.6111–2(b)(2) and 301.6112–1(b)(2) of the Procedure and Administration Regulations. This notice restates the list of “listed transactions” in Notice 2003–76, 2003–49 I.R.B. 1181, and updates the list by adding transac- tions identified as “listed transactions” in notices and other guidance released subsequent to November 7, 2003, and by eliminating transactions described in Part II of Notice 98–5, 1998–1 C.B. 334, and Notice 2002–70, 2002–2 C.B. 765. SECTION 2. CURRENT LISTED TRANSACTIONS Transactions that are the same as or substantially similar to transactions de- scribed in the list below have been de- termined by the Service to be tax avoid- ance transactions and are “listed transac- tions” for purposes of §§ 1.6011–4(b)(2), 301.6111–2(b)(2) and 301.6112–1(b)(2). As a result, taxpayers may need to dis- close their participation in these listed transactions as prescribed in § 1.6011–4, and promoters (or other persons responsi- ble for registering tax shelter transactions) may need to register these transactions under § 301.6111–2. In addition, mate- rial advisors must maintain lists of in- vestors and other information with respect to these listed transactions pursuant to § 301.6112–1. (1) Rev. Rul. 90–105, 1990–2 C.B. 69 (transactions in which taxpayers claim deductions for contributions to a qualified cash or deferred arrangement or match- ing contributions to a defined contribution plan where the contributions are attribut- able to compensationearnedbyplanpar- ticipants after the end of the taxable year (identified as “listed transactions” on Feb- ruary 28, 2000)).See alsoRev. Rul. 2002–46, 2002–2 C.B. 117 (result is the same, and transactions are substantially similar, even though the contributions are designated as satisfying a liability estab- lished before the end of the taxable year), modified byRev. Rul. 2002–73, 2002–2 C.B. 805; (2) Notice 95–34, 1995–1 C.B. 309 (certain trust arrangements purported to qualify as multiple employer welfare benefit funds exempt from the limits of §§ 419 and 419A of the Internal Rev- enue Code (identified as “listed transac- tions” on February 28, 2000)).See also § 1.419A(f)(6)–1 of the Income Tax Reg- ulations (10 or more employer plans); (3) Transactions substantially similar to those at issue inASA Investerings Partner- ship v. Commissioner, 201 F.3d 505 (D.C. Cir. 2000), andACM Partnership v. Com- missioner, 157 F.3d 231 (3d Cir. 1998) (transactions involving contingent install- ment sales of securities by partnerships in order to accelerate and allocate income to a tax-indifferent partner, such as a tax-ex- empt entity or foreign person, and to allo- cate later losses to another partner (iden- tified as “listed transactions” on February 28, 2000)); (4) Section 1.643(a)–8 of the Income Tax Regulations (transactions involving distributions described in § 1.643(a)–8 from charitable remainder trusts (identi- fied as “listed transactions” on February 28, 2000)); (5) Notice 99–59, 1999–2 C.B. 761 (transactions involving the distribution of encumbered property in which taxpayers claim tax losses forcapital outlays that they have in fact recovered (identified as “listed transactions” on February 28, 2000)).See also§ 1.301–1(g) of the In- come Tax Regulations; (6) Section 1.7701(l)–3 of the Income Tax Regulations (transactions involv- ing fast-pay arrangements as defined in § 1.7701(l)–3(b) (identified as “listed transactions” on February 28, 2000)); (7) Rev. Rul. 2000–12, 2000–1 C.B. 744 (certain transactions involving the ac- quisition of two debt instruments the val- ues of which are expected to change sig- nificantly at about the same time in oppo- site directions (identified as “listed trans- actions” on February 28, 2000)); October 12, 20046002004–41 I.R.B. (8) Notice 2000–44, 2000–2 C.B. 255 (transactions generating losses resulting from artificially inflating the basis of partnership interests (identified as “listed transactions” on August 11, 2000)).See also§ 1.752–6T of the temporary Income Tax Regulations and §§ 1.752–1(a) and 1.752–7 of the proposed Income Tax Reg- ulations; (9) Notice 2000–60, 2000–2 C.B. 568 (transactions involving the purchase of a parent corporation’s stock by a subsidiary, a subsequent transfer of the purchased par- ent stock from the subsidiary to the par- ent’s employees, and the eventual liqui- dation or sale of the subsidiary (identified as “listed transactions” on November 16, 2000)); (10) Notice 2000–61, 2000–2 C.B. 569 (transactions purporting to apply § 935 to Guamanian trusts (identified as “listed transactions” on November 21, 2000)); (11) Notice 2001–16, 2001–1 C.B. 730 (transactions involving the use of an inter- mediary to sell the assets of a corporation (identified as “listed transactions” on Jan- uary 18, 2001)); (12) Notice 2001–17, 2001–1 C.B. 730 (transactions involving a loss on the sale of stock acquired in a purported § 351 trans- fer of a high basis asset to a corporation and the corporation’s assumption of a lia- bility that the transferor has not yet taken into account for federal income tax pur- poses (identified as “listed transactions” on January 18, 2001)); (13) Notice 2001–45, 2001–2 C.B. 129 (certain redemptions of stock in transac- tions not subject to U.S. tax in which the basis of the redeemed stock is purported to shift to a U.S. taxpayer (identified as “listed transactions” on July 26, 2001)); (14) Notice 2002–21, 2002–1 C.B. 730 (transactions involving the use of a loan assumption agreement to inflate basis in assets acquired from another party to claim losses (identified as “listed transactions” on March 18, 2002)); (15) Notice 2002–35, 2002–1 C.B. 992 (transactions involving the use of a no- tional principal contract to claim current deductions for periodic payments made by a taxpayer while disregarding the accrual of a right to receive offsetting payments in the future (identified as “listed transac- tions” on May 6, 2002)); (16) Notice 2002–50, 2002–2 C.B. 98 (transactions involving the use of a straddle, a tiered partnership structure, a transitory partner, and the absence of a § 754 election to claim a permanent noneconomic loss (identified as “listed transactions” on June 25, 2002)); Notice 2002–65, 2002–2 C.B. 690 (transactions involving the use of a straddle, an S cor- poration or a partnership, and one or more transitory shareholders or partners to claim a loss while deferring an offsetting gain are substantially similar to transactions described in Notice 2002–50); and Notice 2003–54, 2003–33 I.R.B. 363 (transac- tions involving the use of economically offsetting positions, one or more tax in- different parties, and the common trust fund accounting rules of § 584 to allow a taxpayer to claim a noneconomic loss are substantially similar to transactions described in Notice 2002–50 and Notice 2002–65); (17) Rev. Rul. 2002–69, 2002–2 C.B. 760, modifying and superseding Rev. Rul. 99–14, 1999–1 C.B. 835 (trans- actions in which a taxpayer purports to lease property and then purports to imme- diately sublease it back to the lessor (of- ten referred to as “lease-in/lease-out” or “LILO” transactions) (identified as “listed transactions” on February 28, 2000)); (18) Rev. Rul. 2003–6, 2003–1 C.B. 286 (certain arrangements involving the transfer of employee stock ownership plans (ESOPs) that hold stock in an S corporation for the purpose of claiming eligibility for the delayed effective date of § 409(p) (identified as “listed transac- tions” on December 17, 2002)); (19) Notice 2003–22, 2003–1 C.B. 851 (certain arrangements involving leasing companies that have been used to avoid or evade federal income and employment taxes (identified as “listed transactions” on April 4, 2003)); (20) Notice 2003–24, 2003–1 C.B. 853 (certain arrangements that purportedly qualify as collectively-bargained welfare benefit funds excepted from the account limits of §§ 419 and 419A (identified as “listed transactions” on April 11, 2003)); (21) Notice 2003–47, 2003–30 I.R.B. 132 (transactions involving compensatory stock options and related persons to avoid or evade federal income and employment taxes (identified as “listed transactions” on July 1, 2003)); (22) Notice 2003–55, 2003–34 I.R.B. 395 (transactions in which one participant claims to realize rental or other income from property or service contracts and an- other participant claims the deductions re- latedtothatincome(oftenreferredtoas “lease strips”)), modifying and supersed- ing Notice 95–53, 1995–2 C.B. 334 (iden- tified as “listed transactions” on February 28, 2000); (23) Notice 2003–77, 2003–49 I.R.B. 1182 (certain transactions that use con- tested liability trusts improperly to acceler- ate deductions for contested liabilities un- der § 461(f) (identified as “listed trans- actions” on November 19, 2003)).See also§ 1.461–2 of the Income Tax Regu- lations.SeeRev. Proc. 2004–31, 2004–22 I.R.B. 986, for procedures which taxpay- ers must use to change their methods of accounting for deducting under § 461(f) amounts transferred to trusts in transac- tions described in Notice 2003–77. (24) Notice 2003–81, 2003–51 I.R.B. 1223 (certain transactions in which a tax- payer claims a loss upon the assignment of a § 1256 contract to a charity but fails to re- port the recognition of gain when the tax- payer’s obligation under an offsetting non- section 1256 contractterminates (identi- fied as “listed transactions” on December 4, 2003)); (25) Notice 2004–8, 2004–4 I.R.B. 333 (certain transactions designed to avoid the limitations on contributions to Roth IRAs described in § 408A (identified as “listed transactions” on December 31, 2003)); (26) Rev. Rul. 2004–4, 2004–6 I.R.B. 414 (transactions thatinvolve segregating the business profits of an ESOP-owned S corporation in a qualified subchapter S subsidiary, so that rank-and-file employ- ees do not benefit fromparticipation in the ESOP (identified as “listed transactions” on January 23, 2004)); (27) Transactions that are the same as, or substantially similar to, those described in Situation 2 of Rev. Rul. 2004–20, 2004–10 I.R.B. 546, modifying and su- perseding Rev. Rul. 55–748, 1955–2 C.B. 234 (certain arrangements in which an employer deducts contributions to a qualified pension plan for premiums on life insurance contracts that provide for death benefits in excess of the partic- ipant’s death benefit, where under the terms of the plan, the balance of the death benefit proceeds revert to the plan as a return on investment) (identified as “listed transactions” on February 13, 2004)). 2004–41 I.R.B.601October 12, 2004 See alsoRev. Rul. 2004–21, 2004–10 I.R.B. 544, §§ 1.79–1(d)(3), 1.83–3(e) and 1.402(a)–1(a)(1) and (2) of the proposed Income Tax Regulations, and Rev. Proc. 2004–16, 2004–10 I.R.B. 559; (28) Notice 2004–20, 2004–11 I.R.B. 608 (transactions in which, pursuant to a prearranged plan, a domestic corporation purports to acquire stock in a foreign target corporation and to make an election under § 338 before selling all or substantially all of the target corporation’s assets in a pre- planned transaction that generates a tax- able gain for foreign tax purposes (but not for U.S. tax purposes) (identified as “listed transactions” on February 17, 2004)); (29) Notice 2004–30, 2004–17 I.R.B. 828 (transactions in which S corporation shareholders attempt to transfer the inci- dence of taxation on S corporation income by purportedly donating S corporation nonvoting stock to an exempt organiza- tion while retaining the economic benefits associated with thatstock (identified as “listed transactions” on April 1, 2004)); and (30) Notice 2004–31, 2004–17 I.R.B. 830 (transactions in which corporations claim inappropriate deductions for pay- ments made through a partnership (iden- tified as “listed transactions” on April 1, 2004)). SECTION 3. TRANSACTIONS NO LONGER CONSIDERED TO BE LISTED TRANSACTIONS Transactions that are the same as, or substantially similar to, transactions de- scribed in the list below will no longer be considered listed transactions for purposes of §§ 1.6011–4(b)(2), 301.6111–2(b)(2) and 301.6112–1(b)(2). No inference is intended, however, as to whether such transactions are otherwise subject to the disclosure requirements of § 6011, the registration requirements of § 6111, or the list maintenance requirements of § 6112. (1) Transactions described in Part II of Notice 98–5, 1998–1 C.B. 334 (trans- actions in which the reasonably expected economic profit is insubstantial in compar- ison to the value of the expected foreign tax credits (identified as “listed transac- tions” on February 28, 2000)). Notice 2004–19, 2004–11 I.R.B. 606, withdrew Notice 98–5. Effective for taxable years for which the due date of the return (in- cluding extensions, whether or not ac- tually requested) is after February 17, 2004, transactions will not be consid- ered listed transactions for purposes of §§ 1.6011–4(b)(2) and 301.6112–1(b)(2) solely because they are the same as or substantially similar to the transactions or arrangements described in Part II of Notice 98–5. In addition, for offers made after February 17, 2004, transactions will not be considered listed transactions for purposes of § 301.6111–2(b)(2) solely be- cause they are the same as or substantially similar to the transactions or arrangements described in Part II of Notice 98–5. (2) Transactions described in Notice 2002–70, 2002–2 C.B. 765 (transactions involving reinsurance arrangements be- tween a taxpayer and the taxpayer’s own reinsurance company that is subject to little or no federal income tax (identified as “listed transactions” on October 15, 2002)). Notice 2004–65, 2004–41 I.R.B. 599, modified Notice 2002–70 by remov- ing the identification of transactions that are the same as, or substantially similar to, transactions described in Notice 2002–70 as listed transactions effective for taxable years for which the due date of the return (including extensions, whether or not ac- tually requested) is after September 24, 2004. SECTION 4. EFFECT ON OTHER NOTICES Notice 2003–76, as modified by No- tice 2004–19 and Notice 2004–65, is supplemented and superseded. For up- dates to this list, go to the IRS web page atwww.irs.gov/businesses/corporations and click on Abusive Tax Shelters and Transactions. Notices and other published guidance will still be used to identify transactions that have been determined by the Service to be “listed transactions.” DRAFTING INFORMATION The principal authors of this no- tice are Michael J. Goldman and David A. Shulman of the Office of As- sociate Chief Counsel (Passthroughs & Special Industries). For further infor- mation regarding this notice, contact the authors at (202) 622–3070 (not a toll-free call). NOTE: This revenue procedure will be reprinted as the next revision of IRS Publication 1179,General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S. 26 CFR 601.602: Forms and instructions. (Also Part 1, Sections 220, 408, 408A, 529, 530(h), 1441, 6041, 6041A, 6042, 6043, 6044, 6045, 6047, 6049, 6050A, 6050B, 6050D, 6050E, 6050H, 6050J, 6050N, 6050P, 6050Q, 6050R, 6050S, 1.408-5, 1.408-7, 1.408A-7, 1.1441-1 through 1.1441-5, 1.6041-1, 7.6041-1, 1.6042-2, 1.6042-4, 1.6044-2, 1.6044-5, 1.6045-1, 5f.6045-1, 1.6045-2, 1.6045-4, 1.6047-1, 1.6049-4, 1.6049-6, 1.6049-7, 1.6050A-1, 1.6050B-1, 1.6050D-1, 1.6050E-1, 1.6050H-1, 1.6050H-2, 1.6050J-1T, 1.6050N-1, 1.6050P-1). Rev. Proc. 2004-58 TABLE OF CONTENTS Part 1 General Information SECTION 1.1 - OVERVIEW OF REVENUE PROCEDURE 2004-58....................................................... 603 October 12, 20046022004–41 I.R.B. SECTION 1.2 - GENERAL REQUIREMENTS FOR ACCEPTABLE SUBSTITUTE FORMS 1096, 1098, 1099, 5498, W-2G, AND 1042-S ................................................................................ 605 SECTION 1.3 - DEFINITIONS....................................................................................... 607 Part 2 Specifications for SubstituteForms 1096 and Copies A of Forms 1098, 1099, and 5498 (All Filed with the IRS) SECTION 2.1 - SPECIFICATIONS................................................................................... 608 SECTION 2.2 - INSTRUCTIONS FOR PREPARING PAPER FORMS THAT WILL BE FILED WITH THE IRS .................................................................................................. 611 Part 3 Specifications for Substitute Form W-2G (Filed with the IRS) SECTION 3.1 - GENERAL.......................................................................................... 612 SECTION3.2-SPECIFICATIONSFORCOPYAOFFORMW-2G....................................................... 612 Part 4 Substitute Statements to Form Recipients and Form Recipient Copies SECTION 4.1 - SPECIFICATIONS................................................................................... 613 SECTION 4.2 - COMPOSITE STATEMENTS.......................................................................... 616 SECTION 4.3 - REQUIRED LEGENDS............................................................................... 617 SECTION 4.4 - MISCELLANEOUS INSTRUCTIONS FOR COPIES B, C, D, 1, AND 2...................................... 618 SECTION 4.5 - ELECTRONIC DELIVERY OF FORM 1099 AND FORM 5498 PAYEE STATEMENTS........................ 619 Part 5 Additional Instructions for Substitute Forms 1098, 1099, 5498, W-2G, and 1042-S SECTION 5.1 - PAPER SUBSTITUTES FOR FORM 1042-S............................................................. 620 SECTION 5.2 - OMB REQUIREMENTS FOR ALL FORMS IN THIS REVENUE PROCEDURE.............................. 622 SECTION 5.3 - REPRODUCIBLE COPIES OF FORMS................................................................. 623 SECTION 5.4 - EFFECT ON OTHER REVENUE PROCEDURES........................................................ 624 Part 6 Exhibits SECTION 6.1 - EXHIBITS OF FORMS IN THE REVENUE PROCEDURE................................................ 624 Part 1 General Information Section 1.1 - Overview of Revenue Procedure 2004-58 1.1.1 PurposeThe purpose of this revenue procedure is to set forth the 2004 requirements for: •Using official Internal Revenue Service (IRS) forms to file information returns with the IRS, •Preparing acceptable substitutes of the official IRS forms to file information returns with the IRS, and •Using official or acceptable substitute forms to furnish information to recipients. 1.1.2 Which Forms Are Covered?This revenue procedure contains specifications for these information returns: 2004–41 I.R.B.603October 12, 2004 FormTitle 1096Annual Summary and Transmittal of U.S. Information Returns 1098Mortgage Interest Statement 1098-EStudent Loan Interest Statement 1098-TTuition Statement 1099-AAcquisition or Abandonment of Secured Property 1099-BProceeds From Broker and Barter Exchange Transactions 1099-CCancellation of Debt 1099-CAPChanges in Corporate Control and Capital Structure 1099-DIVDividends and Distributions 1099-GCertain Government Payments 1099-HHealth Coverage Tax Credit (HCTC) Advance Payments 1099-INTInterest Income 1099-LTCLong-Term Care and Accelerated Death Benefits 1099-MISCMiscellaneous Income 1099-OIDOriginal Issue Discount 1099-PATRTaxable Distributions Received From Cooperatives 1099-QPayments From Qualified Education Programs (Under Sections 529 and 530) 1099-RDistributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. 1099-SProceeds From Real Estate Transactions 1099-SADistributions From an HSA, Archer MSA, or Medicare+Choice MSA 5498IRA Contribution Information 5498-ESACoverdell ESA Contribution Information 5498-SAHSA, Archer MSA, or Medicare+Choice MSA Information W-2GCertain Gambling Winnings 1042-SForeign Person's U.S. Source Income Subject to Withholding 1.1.3 ScopeFor purposes of this revenue procedure, a substitute form or statement is one that is not printed by the IRS. For a substitute form orstatement to be acceptable to the IRS, it must conform to the official form orthe specifications outlined in this revenue procedure. Do not submit any substitute forms or statements listed above to the IRS for approval. Privately printed forms may not state, “This is an IRS approved form.” Filers making payments to certain recipientsduring a calendar year are required by the In- ternal Revenue Code (the Code) to file information returns with the IRS for these payments. These filers must also provide this information to their recipients. In some cases, this also applies to payments received. SeePart 4for specifications that apply to recipient statements (generally Copy B). In general, section 6011 of the Code contains requirements for filers of information returns. A filer must file information returns on magneticmedia, through electronic media, or on paper. A filer who is required to file 250 or more information returns of any one type during a calendar year must file those returns by magnetic media or electronic media. October 12, 20046042004–41 I.R.B. Although not required, small volume filers (fewer than 250 returns during a calendar year) may file the forms on magnetic media or electronically. See the legal requirements for filing information returns (and providing a copy to a payee) in the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G and the 2004 Instructions for Form 1042-S. In addition, see Pub. 1220,Specifications for Filing Forms 1098, 1099, 5498, and W-2G Electronically or Magnetically. 1.1.4 For More InformationThe IRS prints and provides the forms on which various payments must be reported. Alter- natively, filers may prepare substitute copies of these IRS forms and use such forms to report payments to the IRS. •For copies of the official forms and instructions, call our toll-free number at 1-800-TAX- FORM (1-800-829-3676). •The IRS operates a central call site to answerquestions related to information returns, penalties, and backup withholding. The hours of operation are Monday through Friday from 8:30 a.m. to 4:30 p.m., Eastern time. For your convenience, you may call the toll-free number, 1-866-455-7438. You may still use the original telephone number, 304-263-8700 (not toll-free). For TTY/TDD equipment, call304-267-3367 (not toll-free). The call site can also be reached by email atm ccirp@irs.gov. •For other tax information related to business returns or accounts, call 1-800-829-4933. If you have access to TTY/TDD equipment, call 1-800-829-4059 to ask tax account questions or to order forms and publications. 1.1.5 What’s NewThe following changes have been madeto this year's Revenue Procedure: •Use of an account number is no longer optional for 2004 returns filed. An account number is required if you have multiple accounts for arecipient for whom you are filing more than one information return of the same type. •Form 1099-B: New boxes have been added relating to broker reporting under reissued regulations. New boxes 5 and 6 have been added for brokers to report information regarding a corporation that had a change in corporate control and capital structure. Also, the related corporation name and address appear on the form below the recipient’s name and address. •Form 1099-DIV: The boxes for post-May 5 capital gain distributions and qualified 5-year gain have been eliminated based on section 301 of the Jobs and Growth Tax Relief and Reconciliation Act of 2003. •Form 1099-SA and Form 5498-SA: The Medicare Prescription Drug,Improvement, and Modernization Act of 2003 created new Code section 223 that establishes health savings ac- counts (HSAs). Forms 1099-MSA and 5498-MSA have beenreplaced with Form 1099-SA, Distributions From an HSA, Archer MSA, or Medicare+Choice MSA, and Form 5498-SA, HSA, Archer MSA, or Medicare+Choice MSA Information. •Rules and specifications for Form 1099-SA, were added to the Revenue Procedure. Exhibit T also shows an example of the form. •Rules and specifications for Form 5498-SA, were added to the Revenue Procedure. Exhibit W also shows an example of the form. •Electronic payee statements are permitted for all Forms 1099, 1098, and 5498 (seeSection 4.5). Section 1.2 - General Requirements for Acceptable Substitute Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S 1.2.1 IntroductionPaper substitutes for Form 1096 and Copy A of Forms 1098, 1099, 5498, W-2G, and 1042-S that totally conform to the specifications listed in this revenue procedure may be privately printed and filed as returns with the IRS. The reference to the Department of the Treasury – Internal Revenue Service should be included on all such forms. 2004–41 I.R.B.605October 12, 2004 If you are uncertain of any specification and want it clarified, you may submit a letter cit- ing the specification, stating your understanding and interpretation of the specification, and enclosing an example of the form (if appropriate) to: Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:T:T:SP 1111 Constitution Ave., NW Room 6406 Washington, DC 20224 Note.Allow at least 45 days for the IRS to respond. You may also contact the Substitute Forms Program Unit via e-mail at * taxforms@irs.gov. Please enter “Substitute Forms” on the Subject Line. Forms 1096, 1098, 1099, 5498, W-2G, and 1042-S are subject to annual review and possi- ble change. Therefore, filers are cautioned against overstocking supplies of privately printed substitutes. The specificationscontained in this revenue procedure apply to 2004 forms only. 1.2.2 Copy A SpecificationsProposed substitutes of Copy A must be an exact replica of the official IRS form with respect to layout and content. Proposed substitutes forCopy A that do not conform to the specifications in this revenue procedure are not acceptable. Further, if you file such forms with the IRS, you may be subject to a penalty for failure to file a correct information return under section 6721 of the Code. Generally, the penalty is $50 foreach return where such failure occurs (up to $250,000). No IRS office is authorized to allow deviations from this revenue procedure. Caution:Overuse of proportional fonts may causeyou to be subject to penalties and delays in processing. 1.2.3 Copy B and Copy C Specifications Copies B and Copies C of the following forms must contain the information inPart 4to be considered a “statement” or “official form” under the applicable provisions of the Code. The format of this information is at the discretion of the filer with the exception of the location of the tax year, form number, form name, and the information for composite Form 1099 statements as outlined underSection 4.2. Copy B, of the forms below, are for the following recipients. FormRecipient 1098For Payer 1098-E; 1099-AFor Borrower 1098-TFor Student 1099-CFor Debtor 1099-CAPFor Shareholder 1099-LTCFor Policyholder 1099-R; W-2GIndicates that these forms may require Copy B to be attached to the federal income tax return. 1099-SFor Transferor All other Forms 1099; 1042-S For Recipient 5498; 5498-SAFor Participant 5498-ESAFor Beneficiary October 12, 20046062004–41 I.R.B. Copy C of the following forms are: FormRecipient 1099-CAPFor Corporation 1099-LTCFor Insured 1099-RFor Recipient's Records All other Forms 1099SeeSection 4.4.2 5498-ESAFor Trustee W-2GFor Winner's Records Note.On Copy C, Form 1099-LTC, you may reverse the locations of the policyholder's and the insured's name, street address, city, state, and ZIP code for easier mailing. Section 1.3 - Definitions 1.3.1 Form RecipientForm recipient means the person to whom you are required by law to furnish a copy of the of- ficial form or information statement. The formrecipient may be referred to by different names on various Forms 1099 and related forms (“payer,” “borrower,” “student,” “debtor,” “policy- holder,” “insured,” “transferor,” “recipient,” “participant,” or, in the case of Form W-2G, the “winner”). SeeSection 1.2.3earlier. 1.3.2 FilerFiler means the person or organization required by law to file a form listed inSection 1.1.2 with the IRS. As outlined earlier, a filer may be a payer, creditor, recipient of mortgage or stu- dent loan interest payments, educational institution, broker, barter exchange, person reporting real estate transactions, trustee or issuer of any individual retirement arrangement or medical savings account, or lender who acquires an interest in secured property or who has reason to know that the property has been abandoned. 1.3.3 Substitute FormSubstitute form means a paper substitute of Copy A of an official form listed inSection 1.1.2that totally conforms to the provisions in this revenue procedure. 1.3.4 Substitute Form Recipient Statement Substitute form recipient statement means a paper statement of the information reported on a form listed inSection 1.1.2. This statement must be furnished to a person (form recipient), as defined under the applicable provisions of the Code and the applicable regulations. 1.3.5 Composite Substitute Statement Composite substitute statement means one in which two or more required statements (for example, Forms 1099-INT and 1099-DIV) are furnished to the recipient on one document. However, each statement must be designated separately and must contain all the requisite Form 1099 information except as provided underSection 4.2. A composite statement may not be filedwiththeIRS. 2004–41 I.R.B.607October 12, 2004 Part 2 Specifications for Substitute Forms 1096 and Copies A of Forms 1098, 1099, and 5498 (All Filed with the IRS) Section 2.1 - Specifications 2.1.1 General RequirementsForm identifying numbers (for example, 9191 for Form 1099-DIV) must be printed in non- reflective black carbon-basedink in print positions 15 through 19 using an OCR A font. The checkboxes to the right of the form identifying numbers must be 10-point boxes. The “VOID” checkbox is in print position 25. The “CORRECTED” checkbox is in position 33. Measure- ments are from the left edge of the paper, not including the perforated strip. SeeExhibits D andM. The substitute form must be an exact replica of the official IRS form with respect to layout and content. To determine the correct form measurements, seeExhibits AthroughYat the end of this publication. Hot wax and cold carbon spots are not permitted on any of the internal form plies. These spots are permitted on the back of a mailer top envelope ply. Use of chemical transfer paper for Copy A is acceptable. The Government Printing Office (GPO) symbol must be deleted. 2.1.2 Color and Paper QualityColor and paper quality for Copy A (cut sheets and continuous pinfeed forms) as specified by JCP Code 0–25, dated November 29, 1978, must be white 100% bleached chemical wood, optical character recognition (OCR) bond produced in accordancewith the following specifi- cations. Note.Reclaimed fiber in any percentage is permitted provided the requirements of this standard are met. • Acidity:Phvalue,average,notlessthan.............................4.5 • BasisWeight:17x22-500cutsheets ...............................18-20 • Metric equivalent–g/m 2 ...........................................75 A tolerance of ±5 pct. is allowed. • Stiffness: Average, each direction, not less than-milligrams............50 • Tearing strength: Average, eachdirection, not less than-grams.........40 • Opacity:Average,notlessthan-percent .............................82 • Thickness:Average-inch .......................................... 0.0038 • Metricequivalent-mm.............................................0.097 A tolerance of +0.0005 inch (0.0127 mm) is allowed. Paper cannot vary more than 0.0004 inch (0.0102 mm) from one edge to the other. • Porosity:Average,notlessthan-seconds ............................10 • Finish (smoothness): Average, each side-seconds.....................20-55 • Forinformationonly,theSheffieldequivalent-units................... 170-100 • Dirt: Average, each side, not to exceed-parts per million...............8 October 12, 20046082004–41 I.R.B. 2.1.3 Chemical Transfer PaperChemical transfer paper is permitted for Copy A only if the following standards are met: •Only chemically backed paper is acceptable for Copy A. Front and back chemically treated paper cannot be processed properly by machine. •Carbon-coated forms are not permitted. •Chemically transferred images must be black. All copies must be clearly legible. Hot wax and cold carbon spots are not permitted for Copy A. Interleaved carbon should be black and must be of good quality to assure legibility on all copies and to avoid smudging. Fading must be minimized to assure legibility. 2.1.4 PrintingAll print on Copy A of Forms 1098, 1099, 5498, and the print on Form 1096 above the statement, “Return this entire page to the Internal Revenue Service. Photocopies are not ac- ceptable.” must be in Flint J–6983 red OCR dropout ink or an exact match. However, the four-digit form identifying number must be in nonreflective carbon-based black ink in OCR A font. The shaded areas of any substitute form should generally correspond to the format of the official form. The printing for the Form 1096 statement and the following text may be in any shade or tone of black ink. Black ink should only appear on the lower part of the reverse side of Form 1096, where it will not bleed through and interfere with scanning. Note.The instructions on the front and back of Form 1096, which include filing addresses, must be printed. Separation between fields must be 0.1 inch. Except for Form 1099-R and 1099-MISC, the numbered captions are printed as solid with no shaded background. Other printing requirements are discussed below. 2.1.5 OCR SpecificationsThe contractor must initiate or have a qualitycontrol program to assure OCR ink density. Readings will be made when printed on approved 20 lb. white OCR bond with a reflectance of not less than 80%. Black ink must not have a reflectance greater than 15%. These readings are based on requirements of the “Scan-Optics Series 9000” Optical Scanner using Flint J–6983 red OCR dropout ink or an exact match. The following testers and ranges are acceptable: •MacBeth PCM-II. The tested Print Contrast Signal (PCS) values when using the MacBeth PCM-II tester on the “C” scale must range from .01 minimum to .06 maximum. •Kidder 082A. The tested PCS values when using the Kidder 082A tester on the Infra Red (IR) scale must range from .12 minimum to .21 maximum. White calibration disc must be 100%. Sensitivity must be set at one (1). •Alternative testers. Alternative testers must be approved by the Government so that tested PCS values can be established. You may obtain approval by writing to the following ad- dress: Commissioner of Internal Revenue Attn: SE:W:CAR:MP:P:B:T Business Publishing – Tax Products 1111 Constitution Ave., NW Washington, DC 20224 2004–41 I.R.B.609October 12, 2004 2.1.6 Typography Type must be substantially identical in size and shape to the official form. All rules are either 1 /2-point or 3 /4-point. Rules must be identical to those on the official IRS form. Note.The form identifying number must be nonreflective carbon-based black ink in OCR A font. 2.1.7 DimensionsGenerally, three Forms 1098, 1099, or 5498 (Copy A) are contained on a single page, 8 inches wide (without any snap-stubs and/or pinfeed holes) by 11 inches deep. Exceptions.Forms 1099-B, 1099-DIV, 1099-MISC, 1099-R, and 1042-S contain tw o doc- uments per page. There is a .33 inch top margin from the top of the corrected box, and a .25 inch right margin. There is a 1 /32(0.0313) inch tolerance for the right margin. If the right and top margins are properly aligned, the left margin for all forms will be correct. All margins must be free of print. SeeExhibits AthroughYin this publication for the correct form measurements. These measurements are constant for all Forms 1098, 1099, and 5498. These measurements are shown only once in this publication, on Form 1098 (Exhibit B). Exceptions to these mea- surements are shown on the rest of the exhibits. The depth of the individual trimsize of each form on a page must be 3 2 /3inches, the same depth as the official form. Exceptions.The depth of Forms 1099-B, 1099-DIV, 1099-MISC, 1099-R, and 1042-S is 5 1 /2inches. 2.1.8 PerforationCopy A (three per page; two per page for Forms 1099-B, 1099-DIV, 1099-MISC, 1099-R, and 1042-S) of privately printed continuous substitute forms must be perforated at each 11" page depth. No perforations are allowed between the 3 2 /3"forms(5 1 /2" for Forms 1099-B, 1099-DIV, 1099-MISC, or 1099-R) on a single copy page of Copy A. The words “Do Not Cut or Separate Forms on This Page” must be printed in red dropout ink (as required by form specifications) between the threeforms (two for Forms 1099-B, 1099-DIV, 1099-MISC, or 1099-R). Note.Perforations are required between all theother individual copies (Copies B and C, and Copies 1 and 2 for Forms 1099-R and 1099-MISC, and Copy D for Forms 1099-LTC and 1099-R) in the set. 2.1.9 What To IncludeYou must include the OMB Number on Copies A and Form 1096 in the same location as on the official form. The words “For Privacy Act and Paperwork Reduction Act Notice, see the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G” must be printed on Copy A; “For more information and the Privacy Act and Paperwork Reduction Act Notice, see the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G” must be printed on Form 1096. A postal indicia may be used if it meets the following criteria: •It is printed in the OCR ink color prescribed for the form, and •No part of the indicia is within one print position of the scannable area. The printer's symbol (GPO) must not be printed on substitute Copy A. Instead, the employer identification number (EIN) of the forms printer must be entered in the bottom margin on the face of each individual form of Copy A, or on the bottom margin on the back of each Form 1096. October 12, 20046102004–41 I.R.B. The Catalog Number (Cat. No.) shown on the 2004 forms is used for IRS distribution purposes and need not be printed on any substitute forms. The form must not contain the statement “IRS approved” or any similar statement. Section 2.2 - Instructions for Preparing Paper Forms That Will Be Filed with the IRS 2.2.1 Recipient InformationThe form recipient's name, street address, city, state, ZIP code, and telephone number (if required) should be typed or machine printed in black ink in the same format as shown on the official IRS form. The city, state, and ZIP code must be on the same line. The following rules apply to theform recipient's name(s): •The name of the appropriate form recipient must be shown on the first or second name line in the area provided for the form recipient's name. •No descriptive information or other name may precede the form recipient's name. •Only one form recipient's name may appear on the first name line of the form. •If the multiple recipients' names are required on the form, enter on the first name line the re- cipient name that corresponds to the recipient taxpayer identification number (TIN) shown on the form. Place the other form recipients' names on the second name line (only 2 name lines are allowable). Because certain states require that trust accounts be provided in a different format, generally filers should provide information returns reflecting payments to trust accounts with the: •Trust's employer identification number (EIN) in the recipient's TIN area, •Trust's name on the recipient's first name line, and •Name of the trustee on the recipient's second name line. Although handwritten forms will be accepted,the IRS prefers that filers type or machine print data entries. Also, filers should insertdata in the middle of blocks well separated from other printing and guidelines, and take measuresto guarantee clear, dark black, sharp images. Carbon copies and photocopies are not acceptable. 2.2.2 Account Number BoxUse the account number box on all Forms 1098, 1099, 5498, and W-2G for an account num- ber designation. The account number is required if you have multiple accounts for a recipient for whom you are filing more than one information return of the same type. Additionally, the IRS encourages you to include the recipient’saccount number on paper forms if your system of records uses the account number rather than the name or TIN for identification purposes. Also, the IRS will include the account number in future notices to you about backup withholding. If you use window envelopes and a reduced rate tomail statements to recipients, be sure the account number does not appear in the window. Otherwise, the Postal Service may not accept them for mailing. Exception.Form 1098-T can have third party provider information. 2.2.3 Specifications and Restrictions Machine-printed forms should be printed using a 6 lines/inch option, and should be printed in 10 pitch pica (10 print positions per inch) or12 pitch elite (12 print positions per inch). Proportional spaced fonts are unacceptable. Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single sheet before they are filed with the IRS. The size specified does not include pin feed holes. Pin feed holes must not be present on forms filed with the IRS. 2004–41 I.R.B.611October 12, 2004 Do not: •Use a felt tip marker. The machine used to “read” paper forms generally cannot read this ink type. •Use dollar signs ($), ampersands (&), asterisks (*), commas (,), or other special characters in the numbered money boxes. Exception.Use decimal points to indicate dollars and cents (for example, 2000.00 is acceptable). •Fold Forms 1096, 1098, 1099, or 5498 mailed to the IRS. Mail these forms flat in an ap- propriately sized envelope or box. Folded documents cannot be readily moved through the machine used in IRS processing. •Staple Forms 1096 to the transmitted returns. Any staple holes near the return code number may impair the IRS's ability to machine scan the type of documents. •Type other information on Copy A. •Cut or separate the individual forms on the sheet of forms of Copy A (except Forms W-2G). 2.2.4 Where To FileMail completed paper forms to the IRS service center shown in the Instructions for Form 1096 and in the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G. Specific information needed to complete the forms mentioned in this revenue procedure are given in the specific form instructions. A chart is included in the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G giving a quick guide to which form must be filed to report a particular payment. Part 3 Specifications for Substitute Form W-2G (Filed with the IRS) Section 3.1 - General 3.1.1 PurposeThe following specifications give the format requirements for substitute Form W-2G (Copy A only), which is filed with the IRS. A filer may use a substitute Form W-2G to file with the IRS (referred to as “substitute Copy A”). The substitute form must be an exact replica of the official form with respect to layout and content. Section 3.2 - Specifications for Copy A of Form W-2G 3.2.1 Substitute Form W-2G (Copy A) You must follow these specifications when printing substitute Copy A of the Form W-2G. ItemSubstitute Form W-2G (Copy A) Paper Color and Quality Paper for Copy A must be white chemical wood bond, or equivalent, 20 pound (basis 17 x 22-500), plus or minus 5 percent. The paper must consist substantially of bleached chemical wood pulp. It must be free from unbleached or ground wood pulp or post-consumer recycled paper. It also must be suitably sized to accept ink without feathering. Ink Color and Quality All printing must be in a high quality nongloss black ink. October 12, 20046122004–41 I.R.B. ItemSubstitute Form W-2G (Copy A) TypographyThe type must be substantially identical in size and shape to the official form. All rules on the document are either 1 /2point (.007 inch), 1 point (0.015 inch), or 3 point (0.045). Vertical rules must be parallel to the left edge of the document, horizontal rules to the top edge. DimensionsThe official form is 8 inches wide x 3 2 /3inches deep, exclusive of a 2 /3inch snap stub on the left side of the form. Any substitute Copy A must be the same dimensions. The snap feature is not required on substitutes. All margins must be free of print. The top and right margins must be 1 /4inch plus or minus .0313. If the top and right margins are properly aligned, the left margin for all forms will be correct. If the substitute forms are in continuous or strip form, they must be burst and strippedto conform to the size specified for a single form. Hot Wax and Cold Carbon Spots Hot wax and cold carbon spots are not permitted on any of the internal form plies. These spots are permitted on the back of a mailer top envelope ply. Interleaved carbons, if used, should be black and of good quality to avoid smudging. Printer’s SymbolThe Government Printing Office (GPO) symbol must not be printed on substitute Forms W–2G. Instead, the employer identification number (EIN) of the forms printer must be printed in the bottom margin on the face of each individual Copy A on a sheet. The form must not contain the statement “IRS approved” or any similar statement. Catalog NumberThe Catalog Number (Cat. No.) shown on Form W-2G is used for IRS distribution purposes and need not be printed on any substitute forms. Part 4 Substitute Statements to Form Recipients and Form Recipient Copies Section 4.1 - Specifications 4.1.1 IntroductionIf you do not use the official IRS form to furnishstatements to recipients, you must furnish an acceptable substitute statement. To be acceptable, your substitute statement must comply with the rules in this section. If you are furnishing a substitute form, see Regulations sec- tions 1.6042-4, 1.6044-5, 1.6049-6, and 1.6050N-1 to determine how the following statements must be provided to recipients (statement mailing requirements for most Forms 1099-DIV and 1099-INT, all Forms 1099-OID and 1099-PATR, and Form 1099-MISC or 1099-S for royal- ties). However, all information returns may befurnished electronically with the consent of the recipient. See Section 4.5.1. Note.A trustee of a grantor-type trust may choose to file Forms 1099 and furnish a state- ment to the grantor under Regulations sections 1.671-4(b)(2)(iii) and (b)(3)(ii). The statement required by those regulations is not subjectto the requirements outlined in this section. 4.1.2 Substitute Statements to Recipients for Certain Forms 1099-INT and 1099-DIV, and for Forms 1099-OID and 1099-PATR The rules in this section apply to Form 1099-INT(except for interest reportable under sec- tion 6041), 1099-DIV (except for section 404(k) dividends), 1099-OID, and 1099-PATR only. You may furnish form recipients with Copy B of the official Form 1099 or a substitute Form 1099 (form recipient statement) if it contains the same language as the official IRS form (such 2004–41 I.R.B.613October 12, 2004 as aggregate amounts paid to the form recipient, any backup withholding, the name, address, and TIN of the person making the return, and any other information required by the official form). Except for state income tax withholding information, information not required by the official form should not be included on the substitute form. You may enter a total of the individual accounts listed on the form only if they have been paid by the same payer. For example, if you are listing interest paid on several accounts by one financial institution on Form 1099-INT, you may also enter the total interest amount. You may also enter a date next to the corrected box if that box is checked. A substitute form recipient statement for Forms 1099-INT, 1099-DIV, 1099-OID, or 1099-PATR must comply with the following requirements: (1) Box captions and numbers that are applicable must be clearly identified, using the same wordingandnumberingasontheofficialform. Note.For Form 1099-INT, if box 3 is not on your substitute form, you may drop “not included in box 3” from the box 1 caption. (2) The form recipient statement (Copy B) must contain all applicable form recipient in- structions provided on the front and back of the official IRS form. Those instructions may be provided on a separate sheet of paper. (3) The form recipient statement must contain the following in bold and conspicuous type: This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. (4) The box caption“Federal income tax withheld”must be in boldface type on the form recipient statement. (5) The form recipient statement must contain the Office of Management and Budget (OMB) number as shown on the official IRS form. SeePart 5. (6) The form recipient statement must contain the tax year (for example, 2004), form num- ber (for example, Form 1099-INT), and form name (for example, Interest Income) of the offi- cial IRS Form 1099. This information must be displayed prominently together in one area of the statement. For example, the tax year, form number, and form name could be shown in the upper right part of the statement. Each copy must be appropriately labeled (such as Copy B, For Recipient). SeeSection 4.4for applicable labels and arrangement of assembly of forms. Note.Do not include the words “Substitute for” or “In lieu of” on the form recipient statement. (7) Layout and format of the form is at the discretion of the filer. However, the IRS en- courages the use of boxes so that the statement has the appearance of a form and can be easily distinguished from other nontax statements. (8) Each recipient statement of Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR must include the direct access telephone number of an individual who can answer questions about the statement. Include that telephone number conspicuously anywhere on the recipient statement. (9) Until new regulations are issued, the IRS will not assess penalties for use of a logo (for example, the name of the payer in any typeface, font, or style, and/or a symbolic icon) or slogan on a recipient statement if the logo or slogan is used by the payer in the ordinary course of its trade or business. In addition, use of the logo or slogan must not make it less likely for a reasonable payee to recognize the importance of the statement for tax reporting purposes. (10) A mutual fund family may state separatelyononedocument(for example, one piece of paper) the dividend income earned by a recipient from each fund within the family of funds as required by Form 1099-DIV. However, each fundand its earnings must be stated separately. The form must contain an instruction to the recipient that each fund’s dividends and name, not thenameofthemutualfundfamily,mustbereported on the recipient’s tax return. The form cannot contain an aggregate total of all funds. In addition, a mutual fund family may furnish a single statement (as a single filer) for Forms 1099-INT, 1099-DIV, and 1099-OID information. Each fund and its earnings must be stated separately. The form must contain an instruction October 12, 20046142004–41 I.R.B. to the recipient that each fund’s earnings and name, not the name of the mutual fund family, must be reported on the recipient’s tax return. The form cannot contain an aggregate total of all funds. 4.1.3 Substitute Statements to Recipients for Certain Forms 1098, 1099, 5498, and W-2G Statements to form recipients for Forms 1098, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-CAP, 1099-G, 1099-H, 1099-LTC, 1099-MISC, 1099-Q, 1099-R, 1099-S, 1099-SA, 5498, 5498-ESA, 5498-SA, W-2G, 1099-DIV (only for section 404(k) dividends reportable under section 6047), and 1099-INT (only for interest of $600 or more made in the course of a trade or business reportable under section 6041) can be copies of the official forms or an acceptable substitute. To be acceptable, a substitute form recipient statement must meet the following requirements. (1) The tax year, form number, and form name must be the same as the official form and must be displayed prominently together in onearea on the statement. For example, they may be shown in the upper right part of the statement. (2) The filer’s and the form recipient’s identifying information required on the official IRS form must be included. (3) Each substitute recipient statement for Forms W-2G, 1098, 1098-E, 1098-T, 1099-A, 1099-B, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-INT, 1099-LTC, 1099-MISC (excluding fishing boat proceeds), 1099-OID, 1099-PATR, 1099-Q, and 1099-S must include the direct access telephone number of an individual who can answer questions about the statement. Include the telephone number conspicuously anywhere on the recipient statement. Although not required, payers reporting on Forms 1099-C, 1099-R, 1099-SA, 5498, 5498-ESA, and 5498-SA are encouraged to furnish telephone numbers. (4) All applicable money amounts and information, including box numbers, required to be reported to the form recipient must be titled on the form recipient statement in substantially the same manner as those on the official IRS form.The box caption “Federal income tax withheld” must be in boldface type on the form recipient statement. Exception.If you are reporting a payment as “Other income” in box 3 of Form 1099-MISC, you may substitute appropriate language for the box title. For example, for payments of ac- crued wages and leave to a beneficiary of a deceased employee, you might change the title of box 3 to “Beneficiary payments” or something similar. Note.You cannot make this change on Copy A. Note.If federal income tax is withheld and shown on Form 1099-R or W-2G, Copy B and Copy C must be furnished to the recipient. If federal income tax is not withheld, only Copy C of Form 1099-R and W-2G must be furnished. However, for Form 1099-R, instructions similar to those on the back of the official Copy B and Copy C of Form 1099-R must be furnished to the recipient. For convenience, you may choose to provide both Copies B and C of Form 1099-R to the recipient. (5) You must provide appropriate instructionsto the form recipient similar to those on the official IRS form, to aid in the proper reporting on the form recipient’s income tax return. For payments reported on Forms 1099-B, and 1099-CAP, the requirement to include instructions substantially similar to those on the official IRS form may be satisfied by providing form recip- ients with a single set of instructions for all Forms 1099-B and 1099-CAP statements required to be furnished in a calendar year. (6) If you use carbon to produce recipient statements, the quality of the carbon must meet the following standards: •All copies must be clearly legible, •All copies must be able to be photocopied, and •Fading must not diminish legibility and the ability to photocopy. In general, black chemical transfer inks are preferred, but other colors are permitted if the above standards are met. Hot wax and cold carbon spots are not permitted on any of the internal form plies. The back of a mailer top envelope ply may contain these spots. (7) A mutual fund family may state separately on one document (for example, one piece of paper) the Form 1099-B information for a recipient from each fund as required by Form 1099-B. However, the gross proceeds, etc., from each transaction within a fund must be stated separately. The form must contain an instruction to the recipient that each fund’s (not the 2004–41 I.R.B.615October 12, 2004 mutual fund family’s) name and amount must be reported on the recipient’s tax return. The form cannot contain an aggregate total of all funds. (8) You may use a Uniform Settlement Statement (under the Real Estate Settlement Proce- dures Act of 1974 (RESPA)) for Form 1099-S. The Uniform Settlement Statement is acceptable as the written statement to the transferorif you include the legend for Form 1099-S inSection 4.3.2and indicate which information on the Uniform Settlement Statement is being reported to the IRS on Form 1099-S. (9) For reporting state income tax withholding and state payments, you may add an addi- tional box(es) to recipient copies as appropriate. Note.You cannot make this change on Copy A. (10) On Copy C of Form 1099-LTC, you may reverse the location of the policyholder’s and the insured’s name, street address, city, state, and ZIP code for easier mailing. (11) If an institution insurer uses a third party service provider to file Form 1098-T, then in addition to the institution or insurers name, address, and telephone number, the same informa- tion may be included for the third party service provider in the space provided on the form. (12) Logos are permitted on substitute recipient statements for the forms listed in this section (Section 4.1.3). Section 4.2 - Composite Statements 4.2.1 Composite Substitute Statements for Certain Forms 1099-INT, 1099-DIV, 1099-MISC, and 1099-S, and for Forms 1099-OID and 1099-PATR A composite form recipient statement is permitted for reportable payments of interest, div- idends, original issue discount, patronage dividends, and royalties (Forms 1099-INT (except for interest reportable under section 6041), 1099-DIV (except for section 404(k) dividends), 1099-MISC or 1099-S (for royalties only),1099-OID, or 1099-PATR) when one payer is re- porting more than one of these payments during a calendar year to the same form recipient. Generally, do not include any other Form 1099 information (for example, 1098 or 1099-A) on a composite statement with the information required on the forms listed in the preceding sentence. Exception.A filer may include Form 1099-B information on a composite form with the forms listed above. Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the following requirements in addition to the requirements listed earlier inSection 4.1.2. •All information pertaining to a particular type of payment must be located and blocked together on the form and separate from any information covering other types of payments included on the form. For example, if you are reporting interest and dividends, the Form 1099-INT information must be presented separately from the Form 1099-DIV information. •The composite form recipient statement must prominently display the tax year, form num- ber, and form name of the official IRS form together in one area at the beginning of each appropriate block of information. •Any information required by the official IRS forms that would otherwise be repeated in each information block is required to be listed only once in the first information block on the composite form. For example, there is no requirement to report the name of the filer in each information block. This rule does notapply to any money amounts (for example, federal income tax withheld) or to any other information that applies to money amounts. •A composite statement is an acceptable substitute only if the type of payment and the recip- ient’s tax obligation with respect to the payment are as clear as if each required statement were furnished separately on an official form. 4.2.2 Composite Substitute Statements to Recipients for Forms Specified in Section 4.1.3 A composite form recipient statement for the forms specified inSection 4.1.3is permitted when one filer is reporting more than one type of payment during a calendar year to the same form recipient. A composite statement is not allowed for a combination of forms listed in Section 4.1.3and forms listed inSection 4.1.2. October 12, 20046162004–41 I.R.B. Exceptions: •Substitute payments in lieu of dividends reported in Box 8 of Form 1099-MISC may be reported on a composite substitute statement with Form 1099-DIV. •Form 1099-B information may be reported on a composite form with the forms specified inSection 4.1.2as described inSection 4.2.1. •Forms 1099-A and 1099-C transactions, if related, may be combined on Form 1099-C. •Royalties reported on Form 1099-MISC or 1099-S may be reported on a composite form only with the forms specified in Section 4.1.2. Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the requirements listed inSection 4.2.1as well as the requirements inSection 4.1.3. A composite statement of Forms 1098 and 1099-INT (for interest reportable under section 6049) is not allowed. Section 4.3 - Required Legends 4.3.1 Required Legends for Forms 1098 Form 1098 recipient statements (Copy B) must contain the following legends: •Form 1098- (1) “The information in boxes 1, 2, and 3 is important tax information and is being fur- nished to the Internal Revenue Service. If you arerequired to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest or for these points or be- cause you did not report this refund of interest on your return.” (2) “Caution.The amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of the secured property may apply. Also, you may only deduct interest to the extent it was incurred by you, actually paid by you, and not reimbursed by another person.” •Form 1098-E -“This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for student loan interest.” •Form 1098-T -“This is important tax information and is being furnished to the Internal Revenue Service.” 4.3.2 Required Legends for Forms 1099 and W-2G •Forms 1099-A, 1099-C, and 1099-CAP: Copy B-“This is important tax information and is being furnished to the Internal Rev- enue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if taxable income results from this transaction and the IRS determines that it has not been reported.” •Forms 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, and 1099-Q: Copy B-“This is important tax information and is being furnished to the Internal Rev- enue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported.” •Forms 1099-H: Copy B-“This is important tax information and is being furnished to the Internal Rev- enue Service.” 2004–41 I.R.B.617October 12, 2004 •Form 1099-LTC: Copy B-“This is important tax information and is being furnished to the Internal Rev- enue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.” Copy C-“Copy C is provided to you for information only. Only the policyholder is required to report this information on a tax return.” •Form 1099-R: Copy B-“Report this income on your federal tax return. If this form shows federal in- come tax withheld in box 4, attach this copy to your return.” Copy C-“This information is being furnished to the Internal Revenue Service.” •Form 1099-S: Copy B-“This is important tax information and is being furnished to the Internal Rev- enue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.” •Form 1099-SA: Copy B-“This information is being furnished to the Internal Revenue Service.” •Form W-2G: Copy B-“This information is being furnished to the Internal Revenue Service. Report this income on your federal tax return. If this form shows federal income tax withheld in box 2, attach this copy to your return.” Copy C-“This is important tax information and is being furnished to the Internal Rev- enue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported.” 4.3.3 Required Legends for Forms 5498 Form 5498 recipient statements (Copy B) must contain the following legends: •Form 5498-“This information is being furnished to the Internal Revenue Service.” Note.If you do not furnish another statement to the participant because no contributions were made for the year, the statement of the fair market value and any required minimum distribution, of the account must contain this legend and a designation of which information is being furnished to the IRS. •Form 5498-ESA -“The information in boxes 1 and 2 is being furnished to the Internal Revenue Service.” •Form5498-SA-“Theinformationinboxes1through6isbeingfurnishedtotheInternal Revenue Service.” Section 4.4 - Miscellaneous Instructions for Copies B, C, D, 1, and 2 4.4.1 CopiesCopies B, C, and in some cases, D, 1, and 2 are included in the official assembly for the convenience of the filer. You are not legally required to include all these copies with the pri- vately printed substitute forms. Furnishing Copies B and, in some cases, C will satisfy the legal requirement to provide statements of information to form recipients. Note.If an amount of federal income tax withheld is shown on Form 1099-R or W-2G, Copy B (to be attached to the tax return) and Copy C must be furnished to the recipient. Copy D (Forms 1099-R and W-2G) may be used for filer records. Only Copy A should be filed with the IRS. 4.4.2 Arrangement of AssemblyCopy A (“For Internal Revenue Service Center”) of all forms must be on top. The rest of the assembly must be arranged, from top to bottom, as follows. For: •Form 1098 - Copy B “For Payer”; Copy C “For Recipient.” October 12, 20046182004–41 I.R.B. •Form 1098-E - Copy B “For Borrower”; Copy C “For Recipient.” •Form 1098-T - Copy B “For Student”; Copy C “For Filer.” •Form 1099-A - Copy B “For Borrower”; Copy C “For Lender.” •Forms 1099-B, 1099-DIV, 1099-G, 1099-H,1099-INT, 1099-OID, 1099-PATR, 1099-Q, and 1099-SA - Copy B “For Recipient”; Copy C “For Payer.” •Form 1099-C - Copy B “For Debtor”; Copy C “For Creditor.” •Form 1099-CAP - Copy B “For Shareholder”; Copy C “For Corporation.” •Form 1099-LTC - Copy B “For Policyholder”; Copy C “For Insured”; and Copy D “For Payer.” •Form 1099-MISC - Copy 1 “For State Tax Department”; Copy B “ForRecipient”; Copy 2 “To be filed with recipient’s state incometax return, when required”; and Copy C “For Payer.” •Form 1099-R - Copy 1 “For State, City, or Local Tax Department”; Copy B “Report this income on your federal tax return. If this form shows federal income tax withheld in box 4, attach this copy to your return”; Copy C “For Recipient’s Records”; Copy 2 “File this copy with your state, city, or local income tax return, when required”; Copy D “For Payer.” •Form 1099-S - Copy B “For Transferor”; Copy C “For Filer.” •Form 5498 - Copy B “For Participant”; Copy C “For Trustee or Issuer.” •Form 5498-ESA - Copy B “For Beneficiary”; Copy C “For Trustee.” •Form 5498-SA - Copy B “For Participant”; Copy C “For Trustee.” •Form W-2G - Copy 1 “For State Tax Department”; Copy B “Report this income on your federal tax return. If this form shows federal income tax withheld in box 2, attach this copy to your return”; Copy C “For Winner’s Records”; Copy 2 “Attach this copy to your state income tax return, if required.”; Copy D “For Payer.” 4.4.3 PerforationsPerforations are required between forms on all copies except Copy A to make separating the forms easier. (Copy A of Form W-2G may be perforated.) Section 4.5 - Electronic Delivery of Form 1099 and Form 5498 Payee Statements 4.5.1 Electronic Recipient Statements If you are required to furnish a written statement (Copy B or an acceptable substitute) to a recipient, then you may furnish the statement electronically instead of on paper. This includes furnishing the statement to recipients of Forms 1098, 1098-E, 1098-T, 1099-A, B, C, CAP, DIV, H, INT, G, LTC, MISC, OID, PATR, Q, R, S, SA, 5498, 5498-ESA, and 5498-SA. It also includes Form W-2G (except for horse and dog racing, jai alai, sweepstakes, wagering pools, and lotteries). If you meet the requirements listed below, you are treated as furnishing the statement timely. ConsentThe recipient must consent in the affirmative and not have withdrawn the consent before the statement is furnished. The consent by therecipient must be made electronically in a way that shows that he or she can access the statement in the electronic format in which it will be furnished. You must notify the recipient of any hardware or software changes prior to furnishing the statement. A new consent to receive the statement electronically is required after the new hardware or software is put into service. Prior to furnishing the statements ele ctronically, you must provide the recipient a statement with the following statements promin ently displayed: •If the recipient does not consent to receive the statement electronically, a paper copy will be provided. 2004–41 I.R.B.619October 12, 2004 •The scope and duration of the consent. For example, whether the consent applies to every year the statement is furnished or only for the January 31 immediately following the date of the consent. •How to obtain a paper copy after giving consent. •How to withdraw the consent. The consent may be withdrawn at any time by furnishing the withdrawal in writing (electronically oron paper) to the person whose name appears on the statement. Confirmation of the withdrawal also will be in writing (electronically or on paper). •Notice of termination. The notice must state under what conditions the statements will no longer be furnished to the recipient. •Procedures to update the recipient’s information. •A description of the hardware and software required to access, print and retain a statement, and a date the statement will no longer be available on the website. Format, Posting, and NotificationAdditionally, you must: •Ensure the electronic format contains all therequired information and complies with the guidelines in this document. •Post, on or before the January 31 due date, theapplicable statement on a website accessible to the recipient through October 15 of that year. •Inform the recipient, electronically or by mail, of the posting and how to access and print the statement. For more information, see Regulations section 31.6051-1. For electronic furnishing of Forms 1098-E and 1098-T, see Regulations section 1.6050S-2. For electronic furnishing of Forms 1099-R, 1099-SA, 1099-Q, 5498, 5498-ESA, and 5498-SA, see Notice 2004-10, 2004-6 I.R.B. 433. Part 5 Additional Instructions for Substitute Forms 1098, 1099, 5498, W-2G, and 1042-S Section 5.1 - Paper Substitutes for Form 1042-S 5.1.1 Paper SubstitutesPaper substitutes of Copy A for Form 1042-S,Foreign Person’s U.S. Source Income Subject to Withholding, that totally conform to the specifications contained in this procedure may be privately printed without prior approval from the Internal Revenue Service. Proposed substi- tutes not conforming to these specifications must be submitted for consideration. Note.Copies B, C, D, and E of Form 1042-S may contain multiple income entries for the same recipient, that is multiple rows of the top boxes 1-8 of the Form. 5.1.2 Time Frame For Submission of Form 1042-S The request should be submitted by November 15 of the year prior to the year the form is to be used. This is to allow the Service adequate time to respond and the submitter adequate time to make any corrections. These requests should contain a copy of the proposed form, the need for the specific deviation(s), and the number of information returns to be printed. 5.1.3 RevisionsForm 1042-S is subject to annual review and possible change. Withholding agents and form suppliers are cautioned against overstocking supplies of the privately printed substitutes. October 12, 20046202004–41 I.R.B. 5.1.4 Obtaining CopiesCopies of the official form for the reporting year may be obtained from most Service offices. The Service provides only cut sheets (no carbon interleaves) of these forms. Continuous fan- fold/pin-fed forms are not provided. 5.1.5 Instructions For Withholding Agents Instructions for withholding agents: •Only original copies may be filed with the Service. Carbon copies and reproductions are not acceptable. •The term “Recipient’s U.S. TIN” for an individual means the social security number (SSN) or IRS individual taxpayer identification number (ITIN), consisting of nine digits sepa- rated by hyphens as follows: 000-00-0000. For all other recipients, the term means em- ployer identification number (EIN) or qualified intermediary employer identification num- ber (QI-EIN). The QI-EIN designation includes a withholding foreign partnership employer identification number (WP-EIN) and a withholding foreign trust employer identification number (WT-EIN). The EIN and QI-EIN consist of nine digits separated by a hyphen as follows: 00-0000000. The taxpayer identification number (TIN) must be in one of these formats. •Withholding agents are requested to type or machine print whenever possible, provide qual- ity data entries on the forms (that is, use black ribbon and insert data in the middle of blocks well separated from other printing and guidelines), and take other measures to guarantee a clear, sharp image. Withholding agents are notrequired, however, to acquire special equip- ment solely for the purpose of preparing these forms. •The “VOID,” “CORRECTED,” and “PRO-RATA BASIS REPORTING” boxes must be printed at the top center of the form underthe title and checked, if applicable. •Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single form beforethey are filed with the Service. The dimen- sions are found below. Computer cards are acceptable provided they meet all requirements regarding layout, content, and size. 5.1.6 Substitute Form 1042-S Format RequirementsPropertySubstitute Form 1042-S Format Requirements PrintingPrivately printed substitute Forms 1042-S must be exact replicas of the official forms with respect to layout and content. Only the dimensions of the substitute form may differ. The Government Printing Office (GPO) symbol must be deleted. The exact dimensions are found below. Box EntriesOnly one item of income may be represented on the copy submitted to the Service (Copy A). Multiple income items may be shown on copies provided to recipients or retained by withholding agent. All boxes appearing on the official form must be present on the substitute form, with appropriate captions. Color and Quality of Ink All printing must be in high quality non-gloss black ink. Bar codes should be free from picks and voids. TypographyType must be substantially identical in size and shape to corresponding type on the official form. All rules on the document are either 1 point (0.015") or 3 point (0.045"). Vertical rules must be parallel to the left edge of the document; horizontal rules must be parallel to the top edge. CarbonsCarbonized forms or “spot carbons” are not permissible. Interleaved carbons, if used, must be of good quality to preclude smudging and should be black. 2004–41 I.R.B.621October 12, 2004 PropertySubstitute Form 1042-S Format Requirements AssemblyIf all five parts are present, theparts of the assembly shall be arranged from top to bottom as follows: Copy A (Original) “for Internal Revenue Service,” Copies B, C, and D “for Recipient,” and Copy E “for Withholding Agent.” • Paper for Copy A must be white chemical wood bond, or equivalent, 20 pound (basis 17 x 22–500), plus or minus 5 percent; or offset book paper, 50 pound (basis 25 x 38–500). No optical brighteners may be added to the pulp or paper during manufacture. The paper must consist of principally bleach chemical wood pulp or recycled printed paper. It also must be suitably sized to accept ink without feathering. Color Quality of Paper • Copies B, C, D (for Recipient), and E (For Withholding Agent) are provided in the official assembly solely for the convenience of the withholding agent. Withholding agents may choose the format, design, color, and quality of the paper used for these copies. • The official form is 8 inches wide x 5 1 /2inches deep, exclusive of a 1 /2inch snap stub on the left side of the form. The snap feature is not required on substitutes. • The width of a substitute Copy A must be a minimum of 7 inches and a maximum of 8 inches, although adherence to the size of the official form is preferred. If the width of substitute Copy A is reduced from that of the official form, the width of each field on the substitute form must be reduced proportionately. The left margin must be 1 /2inch and free of all printing other than that shown on the official form. Dimensions • The depth of a substitute Copy A must be a minimum of 5 1 /6 inches and a maximum of 5 1 /2inches. Other CopiesCopies B, C, and D must be furnished for the convenience of payees who must send a copy of the form with other federal and state returns they file. Copy E may be used as a withholding agent’s record/copy. Section 5.2 - OMB Requirements for All Forms in This Revenue Procedure 5.2.1 OMB RequirementsThe Paperwork Reduction Act (the Act) of 1995 (Public Law 104-13) requires that: •OMB approves all IRS tax forms that are subject to the Act. Each IRS form contains (in or near the upper right corner) the OMB approval number, if any. (The official OMB numbers may be found on the official IRS printed forms and are also shown on the forms in the exhibits inPart 6.) •Each IRS form (or its instructions) states: (1) Why the IRS needs the information, (2) How it will be used, and (3) Whether or not the information is required to be furnished to the IRS. This information must be provided to any users of official or substitute IRS forms or in- structions. October 12, 20046222004–41 I.R.B. 5.2.2 Substitute Form Requirements The OMB requirements for substitute IRS forms are: •Any substitute form or substitute statement to a recipient must show the OMB number as it appears on the official IRS form. •For Copy A, the OMB number must appear exactly as shown on the official IRS form. •For any copy other than Copy A, the OMB number must use one of the following formats. (1) OMB No. XXXX-XXXX (preferred) or (2) OMB # XXXX-XXXX (acceptable). 5.2.3 Required Explanation to Users All substitute forms (Copy A only) must state “For Privacy Act and Paperwork Reduction Act Notice, see the 2004 General Instructions for Forms 1099, 1098, 5498, and W-2G.” (or “For Privacy Act and Paperwork Reduction Act Notice, see separate instructions.” for Copy A of Form 1042-S). If no instructions are provided to users of your forms, you must furnish them with the exact text of the Privacy Act and Paperwork Reduction Act Notice. Section 5.3 - Reproducible Copies of Forms 5.3.1 IntroductionYou can order official IRS forms and information copies of federal tax materials by calling the IRS Distribution Center at 1-800-829-3676.Other ways to get federal tax material include: •The Internet. •CD-ROM. •GPO Superintendent of Documents Bookstores. Note.Several IRS forms are provided electronically on the IRS home page and on the Federal Tax Forms CD-ROM, but Copy A of Forms 1096, the 1098 series, 1099 series, and 5498 series cannot be used for filing with the IRS when printed from a conventional printer. These forms contain drop-out ink requirements as described in Part 2 of this publication. 5.3.2 InternetYou can download tax materials from the Internet. You Can Access the Internet by...Using... File Transfer Protocol (FTP)ftp.irs.gov World Wide Webwww.irs.gov 5.3.3 IRS Federal Tax Forms CD-ROM The IRS also offers an alternative to downloading electronic files and provides current and prior-year access to tax forms and instructions through itsFederal Tax Forms CD-ROM.The CD, Pub. 1796,Federal Tax Products on CD-ROM, will be available for the upcoming fil- ing season. You may buy the CD-ROM on the Internet atw ww.irs.gov/cdordersor by calling 1-877-CDFORMS (1-877-233-6767). 5.3.4 GPO Supt. of Documents Bookstores The Government Printing Office (GPO) Superintendent of Documents Bookstores also sell individual copies of tax forms, instructions, and publications. 2004–41 I.R.B.623October 12, 2004 Section 5.4 - Effect on Other Revenue Procedures 5.4.1 Other Revenue ProceduresRevenue Procedure 2003-28, 2003-1 C.B. 759, which provides rules and specifications for private printing of 2003 substitute forms andstatements to recipients, is superseded. Part 6 Exhibits Section 6.1 - Exhibits of Forms in the Revenue Procedure 6.1.1 PurposeExhibits A through Y illustrate some of the specifications that were discussed earlier in this revenue procedure. The dimensions apply to the actual size forms, but the exhibits have been reduced in size. Generally, the illustrated dimensions apply to all like forms. For example, Exhibit B shows 11.00" from the top edge to the bottom edge of Form 1098 and .85" between the bottom rule of the top form and the top rule of the second form on the page. These dimensions apply to all forms that are printed three to a page. 6.1.2 GuidelinesKeep in mind the following guidelines when printing substitute forms. •Closely follow the specifications to avoid delays in processing the forms. •Always use the specifications as outlined in this revenue procedure and illustrated in the exhibits. •Do not add the text line “Do Not Cut or Separate Forms on This Page” to the bottom form. This will cause inconsistency with the specifications. October 12, 20046242004–41 I.R.B. 2004–41 I.R.B.625October 12, 2004 October 12, 20046262004–41 I.R.B. 2004–41 I.R.B.627October 12, 2004 October 12, 20046282004–41 I.R.B. 2004–41 I.R.B.629October 12, 2004 October 12, 20046302004–41 I.R.B. 2004–41 I.R.B.631October 12, 2004 October 12, 20046322004–41 I.R.B. 2004–41 I.R.B.633October 12, 2004 October 12, 20046342004–41 I.R.B. 2004–41 I.R.B.635October 12, 2004 October 12, 20046362004–41 I.R.B. 2004–41 I.R.B.637October 12, 2004 October 12, 20046382004–41 I.R.B. 2004–41 I.R.B.639October 12, 2004 October 12, 20046402004–41 I.R.B. 2004–41 I.R.B.641October 12, 2004 October 12, 20046422004–41 I.R.B. 2004–41 I.R.B.643October 12, 2004 October 12, 20046442004–41 I.R.B. 2004–41 I.R.B.645October 12, 2004 October 12, 20046462004–41 I.R.B. 2004–41 I.R.B.647October 12, 2004 October 12, 20046482004–41 I.R.B. 2004–41 I.R.B.649October 12, 2004 Part IV. Items of General Interest List of Nonbank Trustees and Custodians Announcement 2004–72 The following is a list of entities that have been approved by the Commissioner of the Internal Revenue Service, pursuant to §1.408–2(e) of the Income Tax Regula- tions, to serve as a nonbank trustee or cus- todian. This list updates and supercedes the list published with Announcement 2003–54, 2003–40 I.R.B. 761. Archer medical savings accounts (Archer MSAs) established under § 220 of the Internal Revenue Code, health sav- ings accounts described in §223, custodial accounts of retirement plans qualified un- der § 401, custodial accounts described in § 403(b)(7), trust or custodial accounts of individual retirement accounts (IRAs) established under §§ 408 and 408A (Roth IRAs), Coverdell education savings ac- counts described in§530, and custodial accounts of eligible deferred compensa- tion plans described in § 457(b) will not be tax exempt if the trustee or custodian of such accounts is not a bank (as defined in § 408(n)) (and in the case of Archer MSAs and health savings accounts, a bank within the meaning of § 408(n) or an insurance company within the meaning of § 816) or an approved nonbank trustee or custodian. An entity that is not a bank (as defined in § 408(n)) (and in the case of Archer MSAs and health savings accounts a bank within the meaning of § 408(n) or an in- surance company within the meaning of § 816) must receive approval from the Service to serve as a nonbank trustee or nonbank custodian. A prospective non- bank trustee or custodian must file a writ- ten application with the Commissioner of Internal Revenue demonstrating that the requirements of § 1.408–2(e)(2) through § 1.408–2(e)(7) of the regulations will be met. If the application is approved, a writ- ten notice of approval will be issued to the applicant. The notice of approval will state the day on which it becomes effective, and (except as otherwise provided therein) will remain effective until revoked by the Ser- vice or withdrawn by the applicant. Enti- ties that have received such approval from the Service may also sponsor certain re- tirement plans, custodial accounts under § 403(b)(7) and individual retirement ar- rangements established under §§ 408 and 408A. (See Rev. Proc. 2000–20, 2000–1 C.B. 553, and Rev. Proc. 87–50, 1987–2 C.B. 647, as modified.) A prospective nonbank trustee or custo- dian may not accept any fiduciary account before such notice of approval becomes ef- fective. In addition, a nonbank trustee or custodian may not accept a fiduciary ac- count until after the plan administrator or the person for whose benefit the account is to be established is furnished with a copy of the written notice of approval issued to the applicant. The continued reliance on a notice of approval is dependent upon the continued satisfaction of the nonbank trustee require- ments set forth in the regulations. The notice of approval issued to an applicant will be revoked if the Commissioner de- termines that the applicant is unwilling or unable to administer fiduciary accounts in a manner consistent with the requirements of the regulations. Generally, the notice will not be revoked unless the Commis- sioner determines that the applicant has knowingly, willfully, or repeatedly failed to administer fiduciary accounts in a man- ner consistent with the requirements of the regulations, or has administered a fidu- ciary account in a grossly negligent man- ner. The written notice of approval to serve as a nonbank trustee or nonbank custodian is not an endorsement of any investment made with respect to any retirement plan or arrangement handled by the approved nonbank trustee or custodian. The Inter- nal Revenue Service does not review or ap- prove investments. If the trustee or custodian of an account described above is not a bank (and in the case of Archer MSAs and health savings accounts, a bank or an insurance company) or an approved nonbank trustee or non- bank custodian, the amounts held in such account (including earned interest) will be deemed distributed and includible in gross income in the year(s) the account’s trustee or custodian was not a bank or, if appli- cable, an insurance company, or an ap- proved nonbank trustee or nonbank custo- dian. Contributions made to such account are not deductible from gross income and will be disallowed if claimed on an income tax return. This list of approved nonbank trustees and nonbank custodians includes their names, addresses, and the date each appli- cation was approved. If an approved nonbank trustee or cus- todian believes that the information about it is incorrect, incomplete, or that it has been incorrectly omitted from this list, it may, on or before December 11, 2004, which is 60 days from the date of the pub- lication of this list in the Internal Revenue Bulletin, notify the Service in writing of any changes it proposes to the list. This notification should include a copy of the notice of approval. The notification should be addressed to: Internal Revenue Service SE:T:EP:RA:T1 Announcement 2004–72 1111 Constitution Ave., NW Washington, DC 20224 Drafting Information The principal author of this announce- ment is Calvin Thompson of the Em- ployee Plans, Tax Exempt and Govern- ment Entities Division. Please contact Mr. Thompson at 1–202–283–9596 (not a toll-free number), if there are any ques- tions regarding the publication of this list. Written inquiriesconcerning this an- nouncement should be addressed to the Internal Revenue Service at the above ad- dress. October 12, 20046502004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 1. A.B. Culbertson & Co.1250 Continental Plaza Fort Worth, TX 76102 May 15, 1984 2. A.G. Becker & Co.Chicago, ILDecember 12, 1979 3. A.G. Edwards & Sons, Inc.One North Jefferson St. Louis, MO 63103 November 26, 1980 4. ABN AMRO Securities LLC55 East 52nd Street New York, NY 10022 September 7, 2000 5. Adler, Coleman Clearing Corp.20 Broad St. New York, NY 10005 April 7, 1987 6. Advest, Inc.280 Trumbull Street Hartford, CT 06103 January 24, 1989 7. Aisel & Co.20 Broad Street New York, NY 10005 April 26, 1991 8. American Brokerage Services, Inc.131 Lafayette Ave. Detroit, MI 48226 September 18, 1991 9. American Capital Marketing, Inc. (FKA American General Capital) 2777 Allen Parkway Houston, TX 77215 June 25, 1984 10. American Express FinancialCorp.200 AXP Financial Center Minneapolis, MN 55474 August 12, 1977 11. American Heritage Life Ins. Co.76 South Laura Street Jacksonville, FL 32202 December 11, 1984 12. American Transtech, Inc.8000 Baymeadows Way Jacksonville, FL 32256 August 15, 1990 13. Ameritrade, Inc.4211 South 102nd Street Omaha, NE 68127-1031 April 18, 1984 14. Analytic Investment Management, Inc.2222 Martin Street, Suite 230 Irvine, CA 92715-1454 May 9, 1989 15. Aspen Partnership1895 Claremont Road Hoffman Estates, IL 60195 October 25, 1990 16. B.C. Ziegler & Co.215 North Main Street West Bend, WI 53095 September 27, 1985 17. Banc of America Securities LLC100 North Tryon Street NC 1-007-20-01 Charlotte, NC 28255 April 30, 2003 18. Banc One Capital CorporationP.O. Box 18277 90NorthHighStreet Columbus, OH 43218 February 24, 1992 19. Bank Hapoulim B.M.6501 Wilshire Blvd. Los Angeles, CA 90048 May 15, 1986 20. Bank Julius Baer & Co., LTD330 Madison Avenue New York, NY 10017 December 15, 1988 21. Bank Leumi Le - Israel B.N. Western Hemisphere Regional Mgt. 242 Fifth Avenue New York, NY 10022 February 10, 1982 22. Bartlett & Co.36 East Fourth Street Cincinnati, OH 45202 February 1, 1989 2004–41 I.R.B.651October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 23. Bear, Stearns & Co., Inc.5 Hanover Square New York, NY 10004 June 2, 1986 24. Bear, Sterns Securities Corp.2 Broadway, 12th Floor New York, NY 10004 June 24, 1991 25. Berklee College of Music, Inc.1140 Boylston Street Boston, MA 02110 May 9, 1989 26. Blunt Ellis & Loewi, Inc.225 East Mason Street Milwaukee, WI 53202 January 25, 1982 27. BNY Clearing Services, LLC (FKA Kemper Clearing Corporation) 111 East Kilbourn Ave. Milwaukee, WI 53202 August 21, 1989 28. Boettcher & Company, Inc.828 Seventeenth Street Denver, CO 80201 August 10, 1987 29. Brown & Company Securities Corporation 20 Winthrop Square Boston, MA 02110 February 27, 1985 30. Bruns, Nordeman, Rea & Co.New York, NYOctober 31, 1977 31. Burke, Christensen & Lewis Securities, Inc. 120 S. La Salle Street Suite 940 Chicago, IL 60603 March 11, 1986 32. Burton J. Vincent, Chesley & Co.105 West Adams Street Chicago, IL 60603 March 25, 1982 33. Butler Wick & Co., Inc.City Center One Bldg. Youngstown, OH 44501 October 8, 1992 34. BUYandHold Securities Corporation110 Wall Street New York, NY 10005 October 5, 2000 35. Carolina Securities Corp.239 Fayetteville St. Mall Raleigh, NC 27602 August 29, 1983 36. Chapin, Davis & Company, Inc.3 Village Square, Cross Keys Baltimore, MD 21210 December 7, 1983 37. Charles Schwab & Co., Inc.101 Montgomery Street San Francisco, CA 94104 January 8, 1982 38. Christian & Missionary AllianceP.O. Box C Nyack, NY 10960 August 15, 1985 39. CIBC World Markets Corporation200 Liberty Street New York, NY 10281 July 26, 1977 40. Citigroup Global Markets, Inc.388 Greenwich St. New York, NY 10105 July 22, 1985 41. City Securities Corp.135 North Pennsylvania Street Indianapolis, IN 46204 December 21, 1982 42. Commerce First ThriftMidvale, UT 84047May 25, 1978 43. Comprehensive Investment Services, Inc.One Moody Plaza Galveston, TX 77550 June 16, 2000 44. Continental Trust Co.17110 Dallas Parkway Suite 200 Dallas, TX 75248 February 22, 1977 October 12, 20046522004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 45. D. A. Davidson & Co.Davidson Building #8 Third Street North Great Falls, MT 59403 June 11, 1982 46. D.J. St. Germain, Inc.1500 Main Street Springfield, MA 01115 January 1, 1977 47. Davenport & Co. of Virginia, Inc.901 E. Cary Street Richmond, VA 23219 February 2, 1987 48. Davenport & Company LLC901 East Cary Street Richmond, VA 23219 March 31, 1997 49. Deutsche Bank Securities Corp. d.b.a. C.J. Lawrence Deutsche 1290 Avenue of the Americas New York, NY 10104 March 14, 1980 50. Deutsche Bank Securities, Inc.1 South Street Baltimore, MD 21203 April 11, 1994 51. Donaldson, Lufkin & Jenrette Securities Corp. 140 Broadway New York, NY 10005 December 4, 1985 52. Dougherty, Dawkins, Strand & Yost, Inc. 100 South Fifth Street Suite 2300 Minneapolis, MN 55402 February 22, 1986 53. Dresdner Kleinwort Wasserstein Securities LLC 75 Wall Street New York, NY 10005 October 9, 2002 54. Dreyfus Investment ServicesCorp.TwoMellonBankCenter Pittsburgh, PA 15259 May 18, 1989 55. Duncan-Williams, Inc.5860 Ridgeway Center Parkway Memphis, TN 38120 December 13, 1995 56. E*Trade Clearing LLC10951 White Rock Road Rancho Cardova, CA 95670 September 3, 2002 57. E*Trade Securities LLC4500 Bohannon Drive Menlo Park, CA 94025 August 30, 2002 58. E*Trade Securities, Inc.480 California Avenue Palo Alto, CA 94306 February 1, 1996 59. Eads Generoe TrustSt. Louis, MOFebruary 3, 1977 60. Edward D. Jones & Co.201 Progress Parkway Maryland Height, MO 63043 May 30, 1985 61. El Paso Electric Co.P.O. Box 982 El Paso, TX 79960 June 15, 1983 62. Elan Investment Services, Inc.777 East Wisconsin Avenue Milwaukee, WI 53282 December 21, 1987 63. Emmett A. Larkin Co., Inc.100 Bush Street San Francisco, CA 94104 April 17, 1986 64. Eppler, Guerin & Turner, Inc.2001 Bryan Tower, Suite 2300 Dallas, TX 75201 September 6, 1984 65. EVEREN Securities, Inc.77 West Wacker Drive Chicago, IL 60601-1694 November 19, 1998 66. Fahnestock & Co., Inc. (FKA Edward A. Viner & Co.) 110 Wall Street New York, NY 10005 April 15, 1982 2004–41 I.R.B.653October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 67. Fechtor, Detwiler & Co., Inc.155 Federal Street Boston, MA 02110 March 26, 1982 68. Ferris, Baker Watts, Inc. (FKA Ferris & Company) 1720 Eye Street, NW Washington, DC 20006 December 4, 1987 69. Fiduciary Services Corporation310 Commercial Drive Savannah, GA 31406 October 2, 2003 70. Financial Data Services, Inc.400 Atrium Drive Somerset, NJ 08873 November 14, 1990 71. First Albany Corp.41 State Street Albany, NY 12207 September 26, 1979 72. First Clearing Corporation10700 Wheat First Drive Glen Allen, VA 23060 April 21, 1999 73. First Clearing, LLC (FKA) First Clearing Corporation 10700 Wheat First Drive Glen Allen, VA 23060 May 30, 2003 74. First Illinois Capital Corp.424 7th Street Plaza 7 Rockford, IL 61110 May 27, 1982 75. First Manhattan Co.437 Madison Avenue New York, NY 10022 January 26, 1990 76. First of Michigan Corporation100 Renaissance Center 26th Floor Detroit, MI 48243 August 31, 1994 77. Fiserv Securities, Inc.One Commerce Square 2005 Market Street Philadelphia, PA 19103 November 15, 1984 78. Fleet Clearing Corporation67 Wall Street New York, NY 10005 December 3, 1986 79. Fleet Norstar Securities, Inc.14 Wall Street New York, NY 10005 August 30, 1991 80. Folger, Nolan, Fleming & Douglass725 15th Street, N.W. Washington, DC 20015 September 16, 1981 81. Freedom Capital Management CorporationOne Beacon Street Boston, MA 02108 August 29, 1991 82. Freeman Welwood & Co., Inc.1501 Fourth Avenue Suite 1700 Seattle, WA 98101 February 13, 1996 83. G.T. Global Investors Services, Inc.50 California Street San Francisco, CA 94111 May 27, 1994 84. General Conference of the Mennonite Brethren Churches Board of Trustees 315 South Lincoln Hillsboro, KS 67063 March 8, 1983 85. Goldman, Sachs & Co.85 Broad Street New York, NY 10004 December 8, 1982 86. Greek Catholic Union of the U.S.A.5400 Tuscarawas Rd. Beaver, PA 15009-9513 May 24, 2000 87. Gruntal & Co, Inc.14 Wall Street New York, NY 10005 June 13, 1984 October 12, 20046542004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 88. H&R Block Financial Advisors, Inc.735 Griswold Street Detroit, MI 48226 December 8, 1983 89. H.G. Wellington & Co, Inc.14 Wall Street New York, NY 10005 September 13, 1993 90. H.M. Payson & Co.One Portland Square P.O. Box 31 Portland, ME 04112 August 20, 1987 91. Halpert and Company, Inc.284 Millburn Avenue Millburn, NJ 07041 April 17, 1996 92. Hamilton Investments, Inc. (FKA Illinois Company, Inc.) 30 North La Salle Street Chicago, IL 60602 August 6, 1982 93. Hampshire Funding, Inc.One Granite Place P.O. Box 2005 Concord, NH 03301 May 26, 1988 94. Hanifen, Imhoff Clearing Corp.1125 17th Street Denver, CO 80217 April 22, 1997 95. Hanifen, Imhoff, Inc.1125 17th Street, Suite 1700 Denver, CO 80202 December 3, 1985 96. Harris Investor Services LLCHarborside Financial Center 501 Plaza II Jersey City, NJ 07311 May 1, 2002 97. Hartford Life Insurance Co.Hartford Plaza Hartford, CT 06106 March 3, 1982 98. Hazlett, Burt & Watson,Inc.1300 Chapline Street Wheeling, WV 26003 April 11, 1995 99. Heartland Securities, Inc.208 South LaSalle Street Chicago, IL 60604 March 6, 1984 100. Henry Scott, Inc.Philadelphia, PAMarch 23, 1982 101. Herzfeld & Stern, Inc.30 Broad Street New York, NY 10004 December 12, 1984 102. Herzog, Heine, Geduld, Inc.26 Broadway New York, NY 10004 February 11, 1982 103. Holt & Collins188 Embarcadero Suite 760 San Francisco, CA 94105 September 8, 1988 104. Home Life Financial Assurance Corporation 2400 West Bay Drive Largo, FL 33540 November 13, 1986 105. Howard, Weil, Labouisse, Friedrichs, Inc.1100 Paydrus Street Suite 900 New Orleans, LA 70163 December 28, 1987 106. Howe Barnes Investments, Inc.135 S. LaSalle Street Chicago, IL 60603 July 6, 1994 107. Huntleigh Securities Corporation222 South Central Avenue St. Louis, MO 63102 October 22, 1997 108. I.M. Simon & Co.7730 Forsyth Blvd. Clayton, MO 63105 November 3, 1981 2004–41 I.R.B.655October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 109. iClearing, LLC100 Wood Avenue South Iselin, NJ 08830 February 7, 2001 110. Integrated Fund Services, Inc.221 East Fourth Street Suite 300 Cincinnati, OH 45202 May 15, 2003 111. Investment Advisers, Inc.1100 Dain Tower Minneapolis, MN 55440 October 9, 1981 112. Isler, Colling & McAdamsPortland, OROctober 5, 1978 113. J.C. Bradford & Co.330 Commerce Street Nashville, TN 37201 February 28, 1982 114. J.J.B. Hilliard, W.L. Lyons, Inc.Hilliard Lyons Center 501 South Fourth St. Louisville, KY 40202 February 11, 1992 115. Jacob Engle Foundation, Inc. (The)PO Box 1136 Upland, CA 91786 March 25, 1983 116. Janney Montgomery Scott, Inc.1801 Market Street Philadelphia, PA 19103 March 23, 1982 117. Jefferson Pilot Investor Services, Inc.100 North Greene Street Greensboro, NC 27401 October 22, 1979 118. Jesup, Josephthal & Co., Inc.One Whitehall Street New York, NY 10004 December 18, 1990 119. John Hancock Clearing Corporation200 Liberty Street New York, NY 10281 March 21, 1991 120. John Hancock Mutual Life Insurance Company John Hancock Place 200 Clarendon Boston, MA 02117 August 24, 1993 121. Juran & Moody, Inc.Minnesota Mutual Life Center 400 North Robert Street Suite 800 Saint Paul, MN 55101 May 27, 1994 122. Kagin Numismatic Services, Ltd.1000 Insurance Exchange Bldg. Des Moines, IA 50309 March 18, 1980 123. KH Funding Company10801 Lockwood Drive Suite 370 Silver Spring, MD 20901 February 13, 2002 124. Kirkpatrick, Pettis, Smith, Polian, Inc.1623 Farnam Street Suite 700 Omaha, NE 68102 August 18, 1981 125. L.F. Rothchild, Unterberg, Towbin55 Water Street New York, NY 10041 December 23, 1985 126. Legg Mason Wood Walker, Inc.111 S. Calvert Street P.O. Box 1476 Baltimore, MD 21203 June 4, 1985 127. Lehman Brothers, Inc.200 Vesey Street New York, NY 10285 December 20, 2000 October 12, 20046562004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 128. Lester Sumrall Evangelistic Association, Inc. 530 East Ireland Road South Bend, IN 46614 September 2, 1988 129. Liberty Life Insurance Co.P.O. Box 789 Greenville, SC 29602 September 3, 1982 130. Manley, Bennett, McDonald & Co.St. Louis, MOJanuary 1, 1977 131. McDonald & Company Securities, Inc.580 Walnut Street Cincinnati, OH 45202 December 15, 1983 132. MEGA Life and Health Insurance Company (The) 501 West Interstate 44 Service Road Oklahoma City, OK 73118 May 29, 1991 133. Menold, Crawford, Hippler & Co.23930 Michigan Ave. Dearborn, MI 40126 December 9, 1988 134. Merrill, Lynch, Pierce, Fenner & Smith, Inc. 1700 Merrill Lynch Drive MSC 0703 Pennington, NJ 08534 August 3, 1987 135. Merrimack Valley Investment, Inc.367 Kingsbury Ave. Haverhill, MA 01830 September 28, 1984 136. Mesirow Financial, Inc.350 N. Clark Street Chicago, IL 60610 May 28, 1982 137. Metropolitan Life Insurance Co.One Madison Avenue New York, NY 10010 January 28, 1987 138. Metropolitan Mortgage & Securities Corporation W. 292 Sprague Ave. Spokane, WA 99204 November 10, 1976 139. Mid-Ohio Securities Corp.225 Burns Road Elyria, OH 44036 January 28, 1983 140. Mid-States Enterprises, Inc.Carroll, IADecember 30, 1976 141. Miller Johnson & Kuehn, Inc.5500 Wayzata Blvd. Minneapolis, MN 55416 November 15, 2000 142. Milwaukee Company (The)250 East Wisconsin Avenue Milwaukee, WI 53202 September 15, 1986 143. MKI Securities Corp.61 Broadway New York, NY 10006 April 17, 1985 144. Money Management Associates4922 Fairmont Avenue Bethesda, MD 20814 May 26, 1987 145. Moody Bible Institute of Chicago820 N. La Salle Boulevard Chicago, IL 60610-3284 April 25, 2003 146. Moore & Schley, Cameron & Co.Two Broadway New York, NY 10004 November 15, 1977 147. Morgan Keegan & Company, Inc.Morgan Keegan Tower Fifty Front Street Memphis, TN 38108 January 27, 1982 148. Morgan Stanley DW, Inc.1585 Broadway New York, NY 10036 May 29, 1986 149. Mortgage Loan Services, Inc.780 Lynnhaven Parkway Suite 200 Virginia Beach, VA 23452 March 15, 1995 2004–41 I.R.B.657October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 150. Moseley, Hallgarten, Estabrook & Weeden, Inc. One New York Plaza New York, NY December 10, 1985 151. Murphy Favre, Inc.W. 601 Riverside, 9th Floor Spokane, WA 99201 August 2, 1976 152. Mutual Service CooperativeTwo Pine Tree Drive Arden Hills, MN 55112 June 6, 1996 153. Myriad Corporation1400 50th Street West Des Moines, IA 50265 July 20, 1977 154. National Bank of Greece, S.A.33 State Street Boston, MA 02109 February 4, 1988 155. National Covenant Properties5701 N. Francisco Dr. Chicago, IL 60625 June 30, 1978 156. National Investor Services Corp.44 Wall Street New York, NY 10005 March 18, 1996 157. National Life Insurance CompanyOne National Life Drive Montpelier, VT 05604 January 1, 1998 158. National Securities Corporation1001 Fourth Avenue Suite 2200 Seattle, WA 98154 December 31, 1986 159. Nationwide Advisory Services, Inc. (Nationwide Financial Services, Inc.) One Nationwide Plaza Columbus, OH 43216 September 25, 1985 160. Nationwide Credit UnionOne Nationwide Plaza Columbus, OH 43216 April 13, 1978 161. NBC Securities, Inc.1927 First Avenue North Birmingham, AL 35203 July 16, 1996 162. Neuberger & Berman522 Fifth Ave. New York, NY 10036 October 4, 1983 163. Newhard, Cook & Co.300 North Broadway St. Louis, MO 63102 June 4, 1985 164. Oberweis Securities, Inc.841 North Lake Street Aurora, IL 60506 February 11, 1985 165. Parker/Hunter, Inc.600 Grant Street Pittsburgh, PA 15219 June 15, 1990 166. Partnership Services, Inc.5520 LBJ Freeway Suite 430 Dallas, TX 75240 March 31, 1993 167. Peninsular Securities Co.Waters Building Grand Rapids, MI 49503 January 28, 1985 168. Perelman-Carley & Associates, Inc.Twin Towers 3000 Farnam St. Omaha, NE 68131 January 13, 1989 169. Pflueger & Baerwald, Inc.Mills Building, Room 1000 220 Montgomery Street San Francisco, CA 94104 November 9, 1981 170. PFS Investments, Inc.3120 Breckenridge Boulevard Duluth, GA 30199 September 28, 1995 October 12, 20046582004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 171. Pioneer Financial Services, Inc.4233 Roanoke Road Kansas City, MO 64111 January 25, 1985 172. Pioneer Investment Management USA 60 State Street Boston, MA 02109 February 21, 1986 173. Prescott, Ball & Turben, Inc.1331 Euclid Ave. Cleveland, OH 44115 January 27, 1983 174. PrimeVest Financial Services, Inc.400 First Street South St. Cloud, MN 56301-3600 December 8, 1993 175. Principal Life Insurance Company711 High Street Des Moines, IA 50392-0001 July 27, 1988 176. Prudential Securities, Inc.100 Gold Street New York, NY 10292 July 28, 1989 177. R. Rowland & Co., Inc.St. Louis, MOMarch 29, 1984 178. R.G. Dickinson & Co.200 Des Moines Building 405 6th Ave. Des Moines, IA 50309 July 20, 1983 179. R.J. Steichen & CompanyMidwest Plaza, Suite 100 801 Nicolett Mall Minneapolis, MN 55402-2526 May 21, 1993 180. Raymond James & Associates, Inc.880 Carrillon Parkway P.O. Box 12749 St. Petersburg, FL 33733-2749 April 26, 1982 181. Raymond James & Associates, Inc.880 Carillon Parkway P.O. Box 12749 St. Petersburg, FL 33733-2749 March 8, 1982 182. RBC Dain Rauscher Inc.Dain Rauscher Plazza 60 South Sixth Street Minneapolis, MN 55402-4422 March 2, 1998 183. RBC Dain Rauscher, Inc.Dain Rauscher Plazza 60 South Sixth Street Minneapolis, MN 55402-4422 January 22, 1982 184. Regan MacKenzie, Incorporated999 Third Avenue Suite 4300 Seattle, WA 98104 August 31, 1989 185. Regions Investment Company, Inc.2011 Fourth Avenue North Birmingham, AL 35203 July 20, 2000 186. Reserve Management Company, Inc.810 Seventh Avenue New York, NY 10019 October 18, 1989 187. Robert W. Baird & Co., Inc.777 E. Wisconsin Avenue Milwaukee, WI 53202 July 31, 1986 188. Robinson-Humphrey Co., Inc (The)Two Peachtree Street, N.W. Atlanta, GA 30383 May 24, 1982 189. Romano Bros. & Co.820 Davis Street Evanston, IL 60201 September 28, 1984 190. Rose & Company Investment Brokers, Inc.141 West Jackson Blvd. Chicago, IL 60604 April 14, 1982 2004–41 I.R.B.659October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 191. Rotan Mosle, Inc.1500 South Tower Pennzoil Place P.O. Box 3226 Houston, TX 77001 May 6, 1980 192. Rushmore Investment Brokers, Inc.4922 Fairmont Avenue Bethesda, MD 20814 September 24, 1986 193. Sanford C. Bernstein & Co., Inc.767 Fifth Avenue New York, NY 10153 November 13, 1986 194. Santa Ana City Employees Credit Union 800 West Santa Ana Blvd. Santa Ana, CA 92701 March 25, 1982 195. Saturna Capital Corporation101 Prospect Street Bellingham, WA 98227-2838 March 28, 1991 196. SBC Trust Services, Inc.2401 Cedar Springs Road Dallas, TX 75201-1407 April 10, 2001 197. SBCI Swiss Bank Corporation Investment Banking, Inc. 222 Broadway, 4th Floor New York, NY 10038 February 11, 1992 198. SBM Financial Services, Inc.8400 Normandale Lake Blvd. Suite 1150 Minneapolis, MN 55437 May 13, 1995 199. Scott & Stringfellow, Inc. (FKN Craige, Inc.) 823 E. Main Street Richmond, VA 23219 May 5, 1999 200. Scottsdale Securities, Inc.12855 Flushing Meadow Drive St. Louis, MO 63131 October 9, 1996 201. Securities Management Research, Inc. Two Moody Plaza Galveston, TX 77550 June 22, 1978 202. Security Management Company, LLC (FKA Security Management Co.) 700 SW Harrison Street Topeka, KS 66636-0001 August 14, 1996 203. SG Cowen Securities Corporation1221 Avenue of the Americas New York, NY 10020 June 30, 1998 204. ShareBuilder Securities Corporation1000 124th Avenue, NE Bellevue, WA 98005 April 15, 2003 205. SMA Services, Inc.35 Lakeshore Drive Birmingham, AL 35209 August 27, 1998 206. Smith, Moore & Co.400 Locust Street St. Louis, MO 63102 January 18, 1983 207. Southwest Securities, Inc.Renaissance Tower Suite 4300 1201 Elm Street Dallas, TX 75270 December 9, 1992 208. Spear Rees & Co.505 North Brand Boulevard Sixteenth Floor Glendale, CA 91203 January 13, 1988 209. Spear, Leeds & Kellog120 Broadway New York, NY 10271 March 29, 1996 210. State Bond and Mortgage Company8500 Normandale Lake Blvd. Minneapolis, MN 55437 December 21, 1990 October 12, 20046602004–41 I.R.B. APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 211. State Employees Credit Union801 Hillsborough Street P.O. Box 26807 Raleigh, NC 27611-6807 January 1, 1977 212. State Farm Investment Management Corporation One State Farm Plaza Bloomington, IL 61410 September 22, 1999 213. Stephens, Inc.111 Center Street Little Rock, AR 72201 December 4, 1987 214. Stern Brothers & Co.1100 Main Street Suite 2200 Kansas City, MO 64199 December 15, 1987 215. Sterne, Agee & Leach, Inc.1500 Am South-Sonat Tower Birmingham, AL 35203 September 11, 1981 216. Stifel, Nicolaus & Co., Inc.500 North Broadway St. Louis, MO 63102 September 9, 1981 217. Summit Discount Brokerage (FKA Lehigh Securities Corp.) 1457 MacArthur Road Lehigh Valley, PA 18002 April 4, 1990 218. Sunpoint Securities, Inc.911 W. Loop 281 Longview, TX 75604 April 1, 1998 219. SunTrust Capital Markets, Inc.3333 Peachtree Road, NE Atlanta, GA 30326 May 27, 1982 220. Sutro & Company, Inc.201 California Street San Francisco, CA 94111-5096 December 8, 1988 221. Swiss American Securities, Inc.100 Wall Street New York, NY 10005 December 2, 1980 222. Texas First Securities Corporation1360 Post Oak Blvd. Suite 120 Houston, TX 77056 November 17, 1988 223. TIAA-CREF Individual & Institutional Services, Inc. 730 Third Avenue New York, NY 10017 September 9, 2002 224. Tucker Anthony, IncorporatedOne Beacon Street Boston, MA 02108 October 23, 1980 225. U.S. Bancorp Piper Jaffray, Inc.800 Micollet Mall Suite 800 Minneapolis, MN 55402-7020 April 21, 1982 226. U.S. Clearing Corporation120 Wall Street New York, NY 10005 May 3, 1983 227. UBS Financial Services, Inc. (FKA UBS Paine Webber, Inc.) 1285 Avenue of the Americas New York, NY 10019 May 12, 1989 228. Unified Financial Securities, Inc.429 North Pennsylvania Street Indianapolis, IN 46204 October 28, 1976 229. United of Omaha Life Insurance Co.Mutual of Omaha Plaza Omaha, NE 68175 March 16, 1982 230. USAA Transfer Agency Company of Delaware USAA Building San Antonio, TX 78288 October 2, 1990 231. W.H. Reaves & Co., Inc.30 Montgomery Street Jersey City, NJ 07302 December 7, 1990 2004–41 I.R.B.661October 12, 2004 APPROVED Nonbank Trustees/Custodians as of December 31, 2003 NameAddressApproval Date 232. W.H. Turlington & Co.509 East Center Street Lexington, NC 27292 November 3, 1980 233. Wachovia Securities, Inc.201 North Tryon Street Charlotte, NC 28202 April 6, 1990 234. Wachovia Securities, LLC901 East Byrd Street Richmond, VA 23219 July 1, 2003 235. Wayne Hummer & Co.300 South Wacker Drive Chicago, IL 60606 January 25, 1983 236. Web Street Securities, Inc.222 South Riverside Plaza 11th Floor Chicago, IL 60601 April 27, 2000 237. Wedbush Morgan Securities1000 Wilshire Boulevard Los Angeles, CA 90030 December 24, 1984 238. Weiss, Peck & GreerOne New York Plaza New York, NY 10004 June 16, 1982 239. Wells Advisors, Inc.3885 Holcomb Bridge Road Norcross, GA 30092 March 20, 1992 240. Wexford LLC Corporation1 New York Plaza 11th Floor New York, NY 10292 June 30, 1998 241. Wheat, First Securities, Inc.707 East Main Street P.O. Box 1357 Richmond, VA 23211 March 23, 1983 242. William R. Hough & Co., Inc.100 2nd Avenue South Suite 800 St. Petersburg, FL 33701 April 18, 1995 Florida Penalty Relief Extended Announcement 2004–77 Announcement 2004–70 is amended to extend, through October 5, 2004, the re- lief from the penalty under section 6715 of the Internal Revenue Code for the high- way use of dyed diesel fuel in the State of Florida. The principal author of this announce- ment is Barbara B. Franklin of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further infor- mation regarding this announcement, con- tact Barbara B. Franklin at (202) 622–3291 (not a toll-free call). Publication 1187, Specifications for Filing Forms 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically or Magnetically,BeingRevised for Tax Year 2004 Announcement 2004–79 Publication 1187,Specification for Fil- ing Forms 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically or Magnetically,isbeing revised for Tax Year 2004. The Publica- tion will not be available prior to the start of the testing season, November 1, 2004, through December 15, 2004. Since the Publication is unavailable, the Nature of Changes Section is printed here to assist those who wish to submit test files. For additional information, contact the Infor- mation Reporting Program Customer Ser- vice Section toll-free at 866–455–7438. Nature of Changes—Current Year (Tax Year2004) .01Part B, Electronic Filing Specifica- tions, was completely revised. Please read carefully. We now offer an internet con- nection athttp://fire.irs.gov. .02The following changes were made to the Transmitter ‘T’ Record: (a)In position 199 a new field, Prior Year Data Indicator, was added. (b)In positions 771–778 a new field, Record Sequence Number, was added. .03The following changes were made to Withholding Agent ‘W’ Record: (a)In position 13, Withholding Agent’s EIN Indicator, the indicators were renum- bered and a new indicator for NQI-EIN was added. Acceptable values are: 0, (zero) = EIN, 1, (one) = QI-EIN and 2 (two) = NQI-EIN October 12, 20046622004–41 I.R.B. (b)In positions 771–778 a new field, Record Sequence Number, was added. .04The following change was made to the Recipient ‘Q’ Record: (a)In positions 771–778 a new field, Record Sequence Number, was added. .05The following change was made to Reconciliation ‘C’ Record: (a)In positions 771–778 a new field, Record Sequence Number, was added. .06The following change was made to the End of Transmission ‘F’ Record: (a)In positions 771–778 a new field, Record Sequence Number, was added. .07Additional editorial changes of a clarifying nature have been made through- out Publication 1187. Please read the en- tire publication carefully. .08The dates for sending test data are November 1, 2004, through December 15, 2004. Replacement Instructions for the 2003 Schedule B (Form 5500), Actuarial Information Announcement 2004–80 I. Background This announcement provides additional instructions for Line 8c on the 2003 Sched- ule B (Form 5500). In order to provide government agencies and plan participants with contribution information on defined benefit plans, plan sponsors must annually file the Schedule B as an attachment to the Form 5500 Series (Annual Return/Re- port of Employee Benefit Plans). Because many plan sponsors have had difficulty re- porting the data required by line 8c of the 2003 Schedule B, this announcement is in- tended to provide flexible options to com- ply with existing reporting requirements. This announcement merely replaces cer- tain instructions in order to clarify and sim- plify the method for reporting data. Be- cause this announcement is not a request for new data, and does not contain a new reporting requirement, if plans have al- ready filed under published instructions prior to the issuance of this announcement, do not file again. The 2003 instructions for Line 8c re- garding cash balance plans require that “such plans reporting 1,000 or more active participants on line 2b(3) must also pro- vide average cash balance account data.” The 2003 instructions did not provide a specific method for reporting the required data. II.NewLine8cInstructionsfor Schedule B The following replaces paragraph 5 of line 8c of the 2003 Schedule B instruc- tions: “Cash balance plans (or any plans us- ing plan characteristic code 1C on line 8a of Form 5500), reporting 1,000 or more active participants on line 2b(3) must also provide average cash balance account data, regardless of whether all active par- ticipants have cash balance accounts. For each age/service bin, enter the average cash balance account of the active partici- pants in that bin. Do not enter the average cash balance account in any age/service bin that contains fewer than 20 active par- ticipants. General Rule. In general, data to be shown in each age/service bin includes: (1) the number of active participants in the age/service bin, (2) the average com- pensation of the active participants in the age/service bin, and (3) the average cash balance account of the active participant in the age/service bin, using $0 for anyone who has no cash balance account-based benefit. If the accrued benefit is the greater of a cash balance benefit or some other benefit, average in only the cash balance account. If the accrued benefit is the sum of a cash balance account benefit and some other benefit, average in only the cash bal- ance account. For both the average com- pensation and the average cash balance ac- count, do not enter an amount for age/ser- vice bins with fewer than20participants. In lieu of the above, two alternatives are provided for showing compensation and cash balance accounts. Each alternative provides for two age/service scatters (one showing compensation and one showing cash balance accounts) as follows: Alternative A: Scatter 1—Provide participant count and average compensation forallactive participants, whether or not participants have account-based benefits. Scatter 2—Provide participant count and average cash balance account forall active participants, whether or not partici- pants have account-based benefits. Alternative B: Scatter 1—Provide participant count and average compensation forallactive participants, whether or not participants have account-based benefits (i.e., identical to Scatter 1 in Alternative A). Scatter 2—Provide participant count and average cash balance accountfor only those active participants with ac- count-based benefits. If the number of participants with account-based benefits in a bin is fewer than 20, the average ac- count should not be shown even if there are more than 20 participants in this bin on Scatter 1. In general, information should be deter- mined as of the valuation date. Average cash balance accounts may be determined as of either: (1) the valuation date or (2) the day immediately preceding the valua- tion date. If the cash balance account in- formation as of the 2003 valuation date is not readily available,information as of an- other date within 12 months of the valua- tion date (before or after this date) may be used. This date must be clearly indicated on the attachment, along with an explana- tion, if the date is also used for another pur- pose, such as determining a participant’s age and service. Average cash balance accounts that are offset by amounts from another plan may be reported either as amounts prior to tak- ing into account the offset, or as amounts after taking into account the offset. Do not report the offset amount. For any other un- usual or unique situation, the attachment should include an explanation of what is being provided.” 2004–41 I.R.B.663October 12, 2004 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 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 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 12, 2004i2004–41 I.R.B. Numerical Finding List 1 Bulletins 2004–27 through 2004–41 Announcements: 2004-55, 2004-27 I.R.B.15 2004-56, 2004-28 I.R.B.41 2004-57, 2004-27 I.R.B.15 2004-58, 2004-29 I.R.B.66 2004-59, 2004-30 I.R.B.94 2004-60, 2004-29 I.R.B.43 2004-61, 2004-29 I.R.B.67 2004-62, 2004-30 I.R.B.103 2004-63, 2004-31 I.R.B.149 2004-64, 2004-35 I.R.B.402 2004-65, 2004-33 I.R.B.300 2004-66, 2004-35 I.R.B.402 2004-67, 2004-36 I.R.B.459 2004-68, 2004-38 I.R.B.508 2004-69, 2004-39 I.R.B.542 2004-70, 2004-39 I.R.B.543 2004-71, 2004-40 I.R.B.569 2004-72, 2004-41 I.R.B.650 2004-73, 2004-39 I.R.B.543 2004-74, 2004-40 I.R.B.579 2004-75, 2004-40 I.R.B.580 2004-76, 2004-40 I.R.B.588 2004-77, 2004-41 I.R.B.662 2004-78, 2004-40 I.R.B.592 2004-79, 2004-41 I.R.B.662 2004-80, 2004-41 I.R.B.663 Notices: 2004-41, 2004-28 I.R.B.31 2004-43, 2004-27 I.R.B.10 2004-44, 2004-28 I.R.B.32 2004-45, 2004-28 I.R.B.33 2004-46, 2004-29 I.R.B.46 2004-47, 2004-29 I.R.B.48 2004-48, 2004-30 I.R.B.88 2004-49, 2004-30 I.R.B.88 2004-50, 2004-33 I.R.B.196 2004-51, 2004-30 I.R.B.89 2004-52, 2004-32 I.R.B.168 2004-53, 2004-33 I.R.B.209 2004-54, 2004-33 I.R.B.209 2004-55, 2004-34 I.R.B.319 2004-56, 2004-35 I.R.B.375 2004-57, 2004-35 I.R.B.376 2004-58, 2004-39 I.R.B.520 2004-59, 2004-36 I.R.B.447 2004-60, 2004-40 I.R.B.564 2004-61, 2004-41 I.R.B.596 2004-62, 2004-40 I.R.B.565 2004-63, 2004-41 I.R.B.597 2004-64, 2004-41 I.R.B.598 Notices— Continued: 2004-65, 2004-41 I.R.B.599 2004-67, 2004-41 I.R.B.600 Proposed Regulations: REG-208246-90, 2004-36 I.R.B.450 REG-153841-02, 2004-31 I.R.B.145 REG-163679-02, 2004-35 I.R.B.390 REG-163909-02, 2004-38 I.R.B.499 REG-108637-03, 2004-37 I.R.B.472 REG-120616-03, 2004-37 I.R.B.474 REG-124405-03, 2004-35 I.R.B.394 REG-131486-03, 2004-28 I.R.B.36 REG-131786-03, 2004-38 I.R.B.500 REG-145987-03, 2004-39 I.R.B.523 REG-149524-03, 2004-39 I.R.B.528 REG-150562-03, 2004-32 I.R.B.175 REG-152549-03, 2004-36 I.R.B.451 REG-154077-03, 2004-37 I.R.B.476 REG-171386-03, 2004-37 I.R.B.477 REG-101447-04, 2004-34 I.R.B.344 REG-106889-04, 2004-38 I.R.B.501 REG-116265-04, 2004-38 I.R.B.505 REG-117307-04, 2004-28 I.R.B.39 REG-124872-04, 2004-39 I.R.B.533 REG-128767-04, 2004-39 I.R.B.534 REG-129274-04, 2004-40 I.R.B.567 REG-129706-04, 2004-37 I.R.B.478 REG-129771-04, 2004-36 I.R.B.453 REG-130863-04, 2004-39 I.R.B.538 REG-131264-04, 2004-38 I.R.B.506 REG-135898-04, 2004-40 I.R.B.568 REG-136481-04, 2004-37 I.R.B.480 Revenue Procedures: 2004-38, 2004-27 I.R.B.10 2004-39, 2004-29 I.R.B.49 2004-40, 2004-29 I.R.B.50 2004-41, 2004-30 I.R.B.90 2004-42, 2004-31 I.R.B.121 2004-43, 2004-31 I.R.B.124 2004-44, 2004-31 I.R.B.134 2004-45, 2004-31 I.R.B.140 2004-46, 2004-31 I.R.B.142 2004-47, 2004-32 I.R.B.169 2004-48, 2004-32 I.R.B.172 2004-49, 2004-33 I.R.B.210 2004-50, 2004-33 I.R.B.211 2004-51, 2004-33 I.R.B.294 2004-52, 2004-34 I.R.B.319 2004-53, 2004-34 I.R.B.320 2004-54, 2004-34 I.R.B.325 2004-55, 2004-34 I.R.B.343 2004-56, 2004-35 I.R.B.376 2004-57, 2004-38 I.R.B.498 2004-58, 2004-41 I.R.B.602 Revenue Rulings: 2004-63, 2004-27 I.R.B.6 2004-64, 2004-27 I.R.B.7 2004-65, 2004-27 I.R.B.1 2004-66, 2004-27 I.R.B.4 2004-67, 2004-28 I.R.B.28 2004-68, 2004-31 I.R.B.118 2004-69, 2004-36 I.R.B.445 2004-70, 2004-37 I.R.B.460 2004-71, 2004-30 I.R.B.74 2004-72, 2004-30 I.R.B.77 2004-73, 2004-30 I.R.B.80 2004-74, 2004-30 I.R.B.84 2004-75, 2004-31 I.R.B.109 2004-76, 2004-31 I.R.B.111 2004-77, 2004-31 I.R.B.119 2004-78, 2004-31 I.R.B.108 2004-79, 2004-31 I.R.B.106 2004-80, 2004-32 I.R.B.164 2004-81, 2004-32 I.R.B.161 2004-82, 2004-35 I.R.B.350 2004-83, 2004-32 I.R.B.157 2004-84, 2004-32 I.R.B.163 2004-85, 2004-33 I.R.B.189 2004-86, 2004-33 I.R.B.191 2004-87, 2004-32 I.R.B.154 2004-88, 2004-32 I.R.B.165 2004-89, 2004-34 I.R.B.301 2004-90, 2004-34 I.R.B.317 2004-91, 2004-35 I.R.B.357 2004-92, 2004-37 I.R.B.466 2004-93, 2004-37 I.R.B.462 2004-94, 2004-38 I.R.B.491 2004-95, 2004-38 I.R.B.492 2004-96, 2004-41 I.R.B.593 2004-97, 2004-39 I.R.B.516 Tax Conventions: 2004-60, 2004-29 I.R.B.43 Treasury Decisions: 9131, 2004-27 I.R.B.2 9132, 2004-28 I.R.B.16 9133, 2004-28 I.R.B.25 9134, 2004-30 I.R.B.70 9135, 2004-30 I.R.B.69 9136, 2004-31 I.R.B.112 9137, 2004-34 I.R.B.308 9138, 2004-32 I.R.B.160 9139, 2004-38 I.R.B.495 9140, 2004-32 I.R.B.159 9141, 2004-35 I.R.B.359 9142, 2004-34 I.R.B.302 9143, 2004-36 I.R.B.442 9144, 2004-36 I.R.B.413 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin 2004–26, dated June 28, 2004. 2004–41 I.R.B.iiOctober 12, 2004 Treasury Decisions— Continued: 9145, 2004-37 I.R.B.464 9146, 2004-36 I.R.B.408 9147, 2004-37 I.R.B.461 9148, 2004-37 I.R.B.460 9149, 2004-38 I.R.B.494 9150, 2004-39 I.R.B.514 9151, 2004-38 I.R.B.489 9152, 2004-39 I.R.B.509 9153, 2004-39 I.R.B.517 9154, 2004-40 I.R.B.560 9155, 2004-40 I.R.B.562 9157, 2004-40 I.R.B.545 October 12, 2004iii2004–41 I.R.B. Findings List of Current Actions on Previously Published Items 1 Bulletins 2004–27 through 2004–41 Announcements: 99-76 Obsoleted by T.D. 9157, 2004-40 I.R.B.545 2003-54 Updated and superseded by Ann. 2004-72, 2004-41 I.R.B.650 2004-70 Amended by Ann. 2004-77, 2004-41 I.R.B.662 Notices: 88-128 Supplemented by Notice 2004-61, 2004-41 I.R.B.596 98-65 Superseded by Rev. Proc. 2004-40, 2004-29 I.R.B.50 2001-50 Modified by Rev. Proc. 2004-46, 2004-31 I.R.B.142 2002-70 Modified by Notice 2004-65, 2004-41 I.R.B.599 2003-76 Supplemented and superseded by Notice 2004-67, 2004-41 I.R.B.600 Modified by Notice 2004-65, 2004-41 I.R.B.599 2004-2 Modified by Notice 2004-50, 2004-33 I.R.B.196 2004-2, Corrected by Ann. 2004-67, 2004-36 I.R.B.459 Proposed Regulations: INTL-116-90 Withdrawn by REG-208246-90, 2004-36 I.R.B.450 REG-208254-90 Withdrawn by REG-136481-04, 2004-37 I.R.B.480 REG-104683-00 Partially withdrawn by Ann. 2004-64, 2004-35 I.R.B.402 REG-165579-02 Withdrawn by Ann. 2004-69, 2004-39 I.R.B.542 Proposed Regulations— Continued: REG-150562-03 Corrected by Ann. 2004-68, 2004-38 I.R.B.508 Ann. 2004-73, 2004-39 I.R.B.543 Revenue Procedures: 79-61 Superseded by Rev. Proc. 2004-44, 2004-31 I.R.B.134 89-37 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 94-64 Superseded by Rev. Proc. 2004-38, 2004-27 I.R.B.10 96-18 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 96-53 Superseded by Rev. Proc. 2004-40, 2004-29 I.R.B.50 96-60 Superseded by Rev. Proc. 2004-53, 2004-34 I.R.B.320 98-41 Superseded by Rev. Proc. 2004-56, 2004-35 I.R.B.376 2000-37 Modified by Rev. Proc. 2004-51, 2004-33 I.R.B.294 2002-9 Modified and amplified by Rev. Proc. 2004-41, 2004-30 I.R.B.90 2003-28 Superseded by Rev. Proc. 2004-58, 2004-41 I.R.B.602 2003-30 Superseded by Rev. Proc. 2004-54, 2004-34 I.R.B.325 2003-52 Superseded by Rev. Proc. 2004-50, 2004-33 I.R.B.211 2004-4 Modified by Rev. Proc. 2004-44, 2004-31 I.R.B.134 2004-23 Modified by Rev. Proc. 2004-57, 2004-38 I.R.B.498 Revenue Rulings: 54-379 Superseded by Rev. Rul. 2004-68, 2004-31 I.R.B.118 58-120 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 62-60 Amplified by Rev. Proc. 2004-53, 2004-34 I.R.B.320 70-58 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 73-354 Obsoleted by Rev. Rul. 2004-76, 2004-31 I.R.B.111 78-371 Distinguished by Rev. Rul. 2004-86, 2004-33 I.R.B.191 79-64 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 80-7 Amplified and clarified by Rev. Rul. 2004-71, 2004-30 I.R.B.74 Rev. Rul. 2004-72, 2004-30 I.R.B.77 Rev. Rul. 2004-73, 2004-30 I.R.B.80 Rev. Rul. 2004-74, 2004-30 I.R.B.84 80-366 Obsoleted by Rev. Rul. 2004-90, 2004-34 I.R.B.317 81-100 Clarified and modified by Rev. Rul. 2004-67, 2004-28 I.R.B.28 85-70 Amplified and clarified by Rev. Rul. 2004-71, 2004-30 I.R.B.74 Rev. Rul. 2004-72, 2004-30 I.R.B.77 Rev. Rul. 2004-73, 2004-30 I.R.B.80 Rev. Rul. 2004-74, 2004-30 I.R.B.84 92-105 Distinguished by Rev. Rul. 2004-86, 2004-33 I.R.B.191 2004-75 Amplified by Rev. Rul. 2004-97, 2004-39 I.R.B.516 Treasury Decisions: 9031 Removed by T.D. 9152, 2004-39 I.R.B.509 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2004–1 through 2004–26 is in Internal Revenue Bulletin 2004–26, dated June 28, 2004. 2004–41 I.R.B.ivOctober 12, 2004 *U.S.G.P.O.: 2004—304–778/60156
Continua la tua ricerca in ChatGPT o Claude
Collega Omnilex per cercare nel corpus legale dal tuo assistente IA.