us-irs-revenue-procedures-irb-2012-39-pdf•Internal Revenue Bulletin 2012-39 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2012-39 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2012-39-pdfInternal Revenue Bulletin 2012-39 (PDF rendition): IRS Revenue ProceduresGuidance
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Bulletin No. 201 2-39 September 24, 20 12 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. 2012–23, page 359. Interest rates; underpayments and overpayments.The rates for interest determined under section 6621 of the Code for the calendar quarter beginning October 1, 2012, will be 3 percent for overpayments (2 percent in the case of a corpo- ration), 3 percent for the underpayments, and 5 percent for large corporate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 0.5 percent. EMPLOYEE PLANS Notice 2012–56, page 370. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in September 2012; the 24-month average segment rates; the funding tran- sitional segment rates applicable for September 2012; and the minimum present value transitional rates for August 2012. The rates in this notice reflect certain changes implemented by the Moving Ahead for Progress in the 21st Century Act, Public Law 112-141 (MAP-21). ESTATE TAX Rev. Rul. 2012–26, page 358. Special use value; farms; interest rates.The 2012 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. ADMINISTRATIVE Rev. Proc. 2012–36, page 374. This procedure provides specifications for filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically. This procedure will be reproduced as the cur- rent revision of Publication 1187. Rev. Proc. 2011–50 super- seded. Fi nding Lists begin on page ii. Index for July through September begins on page iv. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. September 24, 20122012–39 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 2032A .—Valuation of Certain Far m, Etc., Real Property 26 CFR 20.2032A–4: Method of valuing farm real property. Special use value; farms; interest rates.The 2012 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estates of decedents. Rev. Rul. 2012–26 This revenue ruling contains a list of the average annual effective interest rates on new loans under the Farm Credit System. This revenue ruling also contains a list of the states within each Farm Credit System Bank Territory. Under § 2032A(e)(7)(A)(ii) of the In- ternal Revenue Code, rates on new Farm Credit System Bank loans are used in com- puting the spe cial use value of real prop- erty used as a f armforwhichanelectionis made under § 2 032A. The rates in Table 1 of this reven uerulingmaybeusedbyes- tates that va lue farmland under § 2032A as ofadatein20 12. Average annu al effective interest rates, calcu lated in accordance with § 2032A(e)( 7)(A) and § 20.2032A–4(e) of the Estat e Tax Regulations, to be used under § 2032 A(e)(7)(A)(ii), are set forth in the accompa nying Table of Interest Rates (Table 1). The states within each Farm Credit Sys tem Bank Territory are set forth in the acco mpanying Table of Farm Credit System Ban k Territories (Table 2). Rev. Rul. 8 1–170, 1981–1 C.B. 454, contains a n illustrative computation of an average a nnual effective interest rate. The rates app licable for valuation in 2010 and 2011 are i n Rev. Rul. 2011–17, 2011–33 I.R.B. 160. Fo r rate information for years prior to 2010, seeRev.Rul.2009–21, 2009–30 I.R.B . 162, and other revenue rul- ings that are referenced therein. DRAFTING INF ORMATION The principa l author of this revenue rul- ing is Lane Da mazooftheOfficeoftheAs- sociate Chie f Counsel (Passthroughs and Special Indu stries). For further informa- tion regardi ng this revenue ruling, contact Lane Damazo at (202) 622–3090 (not a toll-free c all). REV. RUL. 2012–26 TABLE 1 TABLE OF INTEREST RATES (Year of Valuation 2012) Farm Credit System Bank Servicing State in Which Property is LocatedRate AgFirst,FCB ....................................................................... 6.19 AgriBank,FCB ..................................................................... 5.61 CoBank, AC B ...................................................................... 5.15 Texas,FCB ........................................................................ 5.50 REV. RUL. 2012–26 TABLE 2 TABLE OF FARM CREDIT SYSTEM BANK TERRITORIES Farm Credit System BankLocation of Property AgFirst,FCB ............................................ Delaware,DistrictofColumbia,Florida,Georgia,Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, West Virginia. AgriBank ,FCB .......................................... Arkansas , Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesot a, Missouri, Nebraska, North Dakota, Ohio, South Dak ota, Tennessee, Wisconsin, Wyoming. CoBank,ACB ........................................... Alaska,Arizona,California,Colorado,Connecticut,Hawaii, Idaho, Kansas, Maine, Massachusetts, Montana, New Hampshire, New Jersey, New Mexico, New York, Nevada, Oklahoma, Oregon, Rhode Island, Utah, Vermont, Washington. Texas,FCB.............................................. Alabama,Louisiana,Mississippi,Texas. 2012–39 I.R.B.358September 24, 2012 Section 6621.—Determina- tion of Rate of Interest 26 CFR 301.6621–1: Interest rate. Interest rates; underpayments and overpayments.The rates for interest de- termined under section 6621 of the Code for the calendar quarter beginning Octo- ber 1, 2012, will be 3 percent for overpay- ments (2 percent in the case of a corpo- ration), 3 percent for the underpayments, and 5 percent for large corporate underpay- ments. The rate of interest paid on the por- tion of a corporate overpayment exceeding $10,000 will be 0.5 percent. Rev. Rul. 2012–23 Section 6621 of the Internal Revenue Code establishes the interest rates on over- payments and underpayments of tax. Un- der section 6621(a)(1), the overpayment rate is the sum of the federal short-term rate plus 3 percentage points (2 percent- age points in the case of a corporation), ex- cept the rate for the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the sum of the federal short-term rate plus 0.5 of a percentage point. Under section 6621(a)(2), the un- derpayment rate is the sum of the federal short-term rate plus 3 percentage points. Section 6621(c) provides that for pur- poses of interest payable under section 6601 on any large corporate underpay- ment, the underpayment rate under section 6621(a)(2) is determined by substituting “5 percentage points” for “3 percentage points.” See section 6621(c) and section 301.6621–3 of the Regulations on Proce- dure and Administration for the definition of a large corporate underpayment and for the rules for determining the appli- cable date. Section 6621(c) and section 301.6621–3 are generally effective for periods after December 31, 1990. Section 6621(b)(1) provides that the Secretary will determine the federal short-term rate for the first month in each calendar quarter. Section 6621(b)(2)(A) provides that the federal short-term rate determined under section 6621(b)(1) for any month applies during the first calen- dar quarter beginning after that month. Section 6621(b)(3) provides that the fed- eral short-term rate for any month is the federal short-term rate determined during that month by the Secretary in accordance with section 1274(d), rounded to the near- est full percent (or, if a multiple of 1 /2of 1 percent, the rate is increased to the next highest full percent). Notice 88–59, 1988–1 C.B. 546, an- nounced that, in determining the quarterly interest rates to be used for overpayments and underpayments of tax under section 6621, the Internal Revenue Service will use the federal short-term rate based on daily compounding because that rate is most consistent with section 6621 which, pursuant to section 6622, is subject to daily compounding. The federal short-term rate determined in accordance with section 1274(d) during July 2012 is the rate published in Revenue Ruling 2012–21, 2012–32 I.R.B. 123 to take effect beginning August 1, 2012. The federal short-term rate, rounded to the nearest full percent, based on daily com- pounding determined during the month of July 2012 is 0 percent. Accordingly, an overpayment rate of 3 percent (2 per- cent in the case of a corporation) and an underpayment rate of 3 percent are estab- lished for the calendar quarter beginning October 1, 2012. The overpayment rate for the portion of a corporate overpayment exceeding $10,000 for the calendar quarter beginning October 1, 2012, is 0.5 percent. The underpayment rate for large corporate underpayments for the calendar quarter beginning October 1, 2012, is 5 percent. These rates apply to amounts bearing interest during that calendar quarter. The 3 percent rate also applies to es- timated tax underpayments for the fourth calendar quarter in 2012. Interest factors for daily compound in- terest for annual rates of 0.5 percent are published in Appendix A of this Revenue Ruling. Interest factors for daily com- pound interest for annual rates of 2 percent, 3 percent and 5 percent are published in Ta- bles 57, 59, and 63 of Rev. Proc. 95–17, 1995–1 C.B. 611, 613, and 617. Annual interest rates to be compounded daily pursuant to section 6622 that apply for prior periods are set forth in the tables accompanying this revenue ruling. DRAFTING INFORMATION The principal author of this revenue rul- ing is Deborah Colbert-James of the Office of Associate Chief Counsel (Procedure & Administration). For further information regarding this revenue ruling, contact Ms. Colbert-James at (202) 622–8143 (not a toll-free call). September 24, 20123592012–39 I.R.B. APPENDIX A 365 Day Year 0.5% Compound Ra te 184 Days DaysFactorDaysFactorDaysFactor 10.000013699630.000863380 125 0.001713784 20.000027397640.000877091126 0.001727506 30.000041096 65 0.0008908011270.001741228 4 0.000054796 66 0.000904512 128 0.001754951 50.000068495 670.0009182231290.001768673 6 0.000082195 680.0009319341300.001782396 7 0.000095894 69 0.000945646 1310.001796119 8 0.000109594 70 0.000959357 1320.001809843 90.000123294710.000973069133 0.001823566 10 0.000136995 720.0009867811340.001837290 11 0.000150695 730.001000493 1350.001851013 120.000164396740.0010142061360.001864737 130.00017809 7 75 0.00102791 8 1370.00187846 2 140.000191798760.0010416311380.001892186 150.0002054 99 77 0.0010553 44 139 0.0019059 10 160.0002192 01 78 0.001069057 140 0.001919635 170.000232902790.0010827701410.001933360 180.000246604800.001096484142 0.001947 085 190.000260 306 810.001110 197 1430.001960 811 200.000274008820.001123911144 0.001974536 210.00028771183 0.001137 625 145 0.001988262 220.000301 413 84 0.001151339 1460.002001 988 23 0.000315116850.001165054 147 0.002015714 240.000328819860.0011787681480.002029440 250.000342522 870.00119 2483 1490.00204 3166 26 0.000356225 880.001206198 1500.002056893 270.000369929890.001219913 151 0.002070620 280.0003 83633 900.0012 33629 152 0.0020 84347 290.000397336910.001247344 153 0.002098074 300.000411041920.001261060 154 0.002111801 31 0.000424745 930.001 274776 1550.002125529 320.000438449940.001288492 1560.002139257 33 0.00 0452154 95 0.001302208 1570.00 2152985 34 0.000465859 96 0.001315925158 0.00 2166713 350.000479564 970.001329641 159 0.002180441 360.00049326998 0.0 01343358 1600.002194169 37 0.000506974 99 0.001357075 1610.0 02207898 38 0.000520680 1000.0013707921620.002221627 39 0.0 00534386 101 0.0 01384510 163 0.0 02235356 40 0.000548092 10 2 0. 001398227 16 4 0.002249085 41 0.000561798 103 0.0014119451650.002262815 42 0. 000575504 104 0. 001425663 166 0. 002276544 43 0.000589211105 0. 001439381 16 7 0. 002290274 440.000602917106 0.001453100 1680.002304004 4 5 0.0006166241070.0014668181690.002317734 4 6 0 .000630331 1 08 0.001480537 1 70 0.002331465 470.000644039109 0.001494256 171 0.002345195 48 0.000657746 110 0.001507975 172 0.002358926 49 0.000671454 111 0.001521694 173 0.002372657 500.000685161 112 0.001535414 1740.002386388 51 0.000698869113 0.001549133175 0.002400120 520.000712578 114 0.001562853 176 0.002413851 53 0.000726286 1150.001576573 177 0.002427583 540.000739995 116 0.001590293 178 0.002441315 550.000753703 1170.001604014179 0.002455047 56 0.0007674121180.0016177341800.002468779 2012–39 I.R.B.360September 24, 2012 365 Day Year 0.5% Compound Rate 184 Days – Continued DaysFactorDaysFactorDaysFactor 57 0.000781121119 0.001631455 181 0.002482511 58 0.000794831120 0.001645176 1820.002496244 590.000808540 121 0.001658897 183 0.002509977 60 0.000822250 1220.001672619184 0.002523710 61 0.000835960 1230.001686340 620.0008496701240.001700062 366 Day Year 0.5% Compound Rate 184 Days DaysFactorDaysFactorDaysFactor 10.000013661630.000861020 125 0.001709097 20.000027323640.0008746931260.001722782 30.000040984 65 0.0008883661270.001736467 4 0.000054646 660.000902040128 0.001750152 5 0.00006830867 0.000915713 1290.001763837 60.000081970680.000929387130 0.001777522 7 0.000095632 690.0009430611310.001791208 8 0.000109295 70 0.000956735 1320.001804893 9 0.000122958 710.000970409133 0.001818579 100.000136620720.000984084134 0.001832265 11 0.000150283 73 0.0009977581350.001845951 120.000163947740.001011433136 0.001859638 130.000177610 750.001025108 1370.001873324 140.000191274760.0010387831380.001887011 15 0.00020493877 0.001052459 1390.001900698 160.000218602780.001066134140 0.001914385 170.000232266790.0010798101410.001928073 18 0.000245930 800.0010934861420.001941760 19 0.000259595 810.001107162143 0.001955448 200.000273260820.0011208391440.001969136 210.00028692483 0.001134515145 0.001982824 22 0.000300590 840.001148192146 0.001996512 23 0.00031425585 0.0011618691470.002010201 240.00032792086 0.001175546 1480.002023889 250.000341586 870.001189223149 0.002037578 26 0.000355252 880.001202900 1500.002051267 270.00036891889 0.0012165781510.002064957 28 0.000382584 90 0.001230256152 0.002078646 29 0.000396251 910.001243934 153 0.002092336 300.00040991792 0.0012576121540.002106025 31 0.000423584 930.001271291 1550.002119715 32 0.000437251 940.001284969 1560.002133405 33 0.00045091895 0.001298648 157 0.002147096 34 0.000464586 960.001312327 158 0.002160786 350.000478253 970.001326006 159 0.002174477 360.00049192198 0.001339685 1600.002188168 37 0.000505589 99 0.001353365 161 0.002201859 38 0.000519257 1000.001367044162 0.002215550 39 0.000532925 1010.0013807241630.002229242 40 0.000546594 1020.0013944041640.002242933 41 0.000560262 103 0.0014080851650.002256625 42 0.000573931 104 0.001421765 1660.002270317 43 0.0005876001050.001435446 1670.002284010 440.0006012691060.0014491271680.002297702 45 0.0006149391070.001462808169 0.002311395 September 24, 20123612012–39 I.R.B. 366 Day Year 0.5% Compound Rate 184 Days – Continued DaysFactorDaysFactorDaysFactor 460.0006286081080.001476489170 0.002325087 470.0006422781090.0014901701710.002338780 48 0.000655948 110 0.001503852 172 0.002352473 490.000669618111 0.001517533 1730.002366167 50 0.000683289112 0.001531215 1740.002379860 510.000696959 113 0.0015448971750.002393554 52 0.000710630114 0.001558580 1760.002407248 53 0.000724301 1150.001572262 1770.002420942 54 0.000737972116 0.001585945 1780.002434636 550.000751643 117 0.001599628 1790.002448331 560.000765315 1180.001613311180 0.002462025 57 0.0007789861190.001626994181 0.002475720 580.000792658 1200.001640678182 0.002489415 59 0.000806330121 0.001654361 183 0.002503110 600.000820003122 0.001668045 184 0.002516806 61 0.000833675 1230.001681729 620.000847348124 0.001695413 TABLE OF INTEREST RATES PERIODS BEFORE JUL. 1, 1975 — PERIODS ENDING DEC. 31, 1986 OVERPAYMENTS AND UNDERPAYMENTS PERIODRATE In 1995–1 C.B. DAILY RATE TABLE Before Jul. 1, 1975 6% Table 2, pg. 557 Jul. 1, 1975—Jan. 31, 1976 9% Table 4, pg. 559 Feb. 1, 1976—Jan. 31, 19787% Table 3, pg. 558 Feb. 1, 1978—Jan. 31, 19806% Table 2, pg. 557 Feb. 1, 1980—Jan. 31, 198212% Table 5, pg. 560 Feb. 1, 1982—Dec. 31, 198220% Table 6, pg. 560 Jan. 1, 1983—Jun. 30, 198316% Table 37, pg. 591 Jul. 1, 1983—Dec. 31, 198311% Table 27, pg. 581 Jan. 1, 1984—Jun. 30, 198411% Table 75, pg. 629 Jul. 1, 1984—Dec. 31, 198411% Table 75, pg. 629 Jan. 1, 1985—Jun. 30, 1985 13% Table 31, pg. 585 Jul. 1, 1985—Dec. 31, 1985 11% Table 27, pg. 581 Jan. 1, 1986—Jun. 30, 198610% Table 25, pg. 579 Jul. 1, 1986—Dec. 31, 19869% Table 23, pg. 577 TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1987—Mar. 31, 19878%21 575 9%23 577 Apr. 1, 1987—Jun. 30, 19878%21 575 9%23 577 Jul. 1 , 1987—Sep. 30, 1987 8%21 575 9%23 577 Oct. 1, 1987—Dec. 31, 19879%23 577 10% 25579 Jan. 1, 1988—Mar. 31, 198810%7362711% 75 629 Apr. 1, 1988—Jun. 30, 1988 9%71 625 10%73627 Jul. 1, 1988—Sep. 30, 19889%71 625 10%73627 2012–39 I.R.B.362September 24, 2012 TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 – Continued OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Oct. 1, 1988—Dec. 31, 198810%7362711% 75 629 Jan. 1, 1989—Mar. 31, 198910% 25579 11%27 581 Apr. 1, 1989—Ju n. 30, 1989 11%27 581 12%29 583 Jul. 1, 1989—Sep. 30, 198911%27 581 12%29 583 Oct. 1, 1989—Dec. 31, 198910% 25579 11%27 581 Jan. 1, 1990—M ar. 31, 1990 10% 25579 11%27 581 Apr. 1, 1990—Jun. 30, 199010% 25579 11%27 581 Jul. 1, 1990—Sep. 30, 199010% 25579 11%27 581 Oct. 1, 1990— Dec. 31, 1990 10% 25579 11%27 581 Jan. 1, 1991—Mar. 31, 199110% 25579 11%27 581 Apr. 1, 1991—Jun. 30, 19919%23 577 10% 25579 Jul. 1, 1991 —Sep. 30, 1991 9%23 577 10% 25579 Oct. 1, 1991—Dec. 31, 19919%23 577 10% 25579 Jan. 1, 1992—Mar. 31, 19928%696239%71 625 Apr. 1, 1992 —Jun. 30, 1992 7%676218%69623 Jul. 1, 1992—Sep. 30, 19927%676218%69623 Oct. 1, 1992—Dec. 31, 19926% 65 6197%67621 Jan. 1, 19 93—Mar. 31, 1993 6%17 571 7%19 573 Apr. 1, 1993—Jun. 30, 19936%17 571 7%19 573 Jul. 1, 1993—Sep. 30, 19936%17 571 7%19 573 Oct. 1, 19 93—Dec. 31, 1993 6%17 571 7%19 573 Jan. 1, 1994—Mar. 31, 19946%17 571 7%19 573 Apr. 1, 1994—Jun. 30, 19946%17 571 7%19 573 Jul. 1, 1 994—Sep. 30, 1994 7%19 573 8%21 575 Oct. 1, 1994—Dec. 31, 19948%21 575 9%23 577 Jan. 1, 1995—Mar. 31, 1995 8%21 575 9%23 577 Apr. 1, 1995—Jun. 30, 1995 9%23 577 10% 25579 Jul. 1, 1995—Sep. 30, 1995 8%21 575 9%23 577 Oct. 1 , 1995—Dec. 31, 1995 8%21 575 9%23 577 Jan. 1 , 1996—Mar. 31, 1996 8%696239%71 625 Apr. 1, 1996—Jun. 30, 19967%676218%69623 Jul. 1, 1996—Sep. 30, 19968%696239%71 625 Oct. 1, 1996—Dec. 31, 1996 8%696239%71 625 Jan. 1, 1997—Mar. 31, 19978%21 575 9%23 577 Apr. 1, 1997—Jun. 30, 19978%21 575 9%23 577 Jul . 1, 1997—Sep. 30, 1997 8%21 575 9%23 577 Oct. 1, 1997—Dec. 31, 19978%21 575 9%23 577 Jan. 1, 1998—Mar. 31, 19988%21 575 9%23 577 Apr . 1, 1998—Jun. 30, 1998 7%19 573 8%21 575 Jul. 1, 1998—Sep. 30, 19987%19 573 8%21 575 Oct. 1, 1998—Dec. 31, 19987%19 57 3 8%21 57 5 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 19 95–1 C.B. RA TE TA BLE PG Jan . 1, 1999—Mar. 31, 1999 7%19 573 Apr. 1, 1999—Jun. 30, 19998%21 575 Jul. 1, 1999—Sep. 30, 19998%21 57 5 Oc t. 1, 1999—Dec. 31, 1999 8%21 575 Jan. 1, 2000—Mar. 31, 20008%69623 September 24, 20123632012–39 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS – Continued 1995–1 C.B. RATETABLEPG Apr. 1, 2000—Jun. 30, 20009%71 625 Jul. 1, 2000—Sep. 30, 20009%71 625 Oct. 1, 2000—Dec. 31, 20009%71 625 Jan. 1, 2001—Mar. 31, 20019%23 577 Apr. 1, 2001—Jun. 30, 20018%21 575 Jul. 1, 2001—Sep. 30, 20017%19 573 Oct. 1, 2001—Dec. 31, 20017%19 573 Jan. 1, 2002—Mar. 31, 20026%17 571 Apr. 1, 2002—Jun. 30, 20026%17 571 Jul. 1, 2002—Sep. 30, 20026%17 571 Oct. 1, 2002—Dec. 31, 20026%17 571 Jan. 1, 2003—Mar. 31, 2003 5%15569 Apr. 1, 2003—Jun. 30, 2003 5%15569 Jul. 1, 2003—Sep. 30, 2003 5%15569 Oct. 1, 2003—Dec. 31, 20034%13 567 Jan. 1, 2004—Mar. 31, 20044%61 615 Apr. 1, 2004—Jun. 30, 2004 5% 63617 Jul. 1, 2004—Sep. 30, 20044%61 615 Oct. 1, 2004—Dec. 31, 2004 5% 63617 Jan. 1, 2005—Mar. 31, 20055%15569 Apr. 1, 2005—Jun. 30, 2005 6%17 571 Jul. 1, 2005—Sep. 30, 2005 6%17 571 Oct. 1, 2005—Dec. 31, 2005 7%19 573 Jan. 1, 2006—Mar. 31, 20067%19 573 Apr. 1, 2006—Jun. 30, 20067%19 573 Jul. 1, 2006—Sep. 30, 20068%21 575 Oct. 1, 2006—Dec. 31, 20068%21 575 Jan. 1, 2007—Mar. 31, 20078%21 575 Apr. 1, 2007—Jun. 30, 20078%21 575 Jul. 1, 2007—Sep. 30, 20078%21 575 Oct. 1, 2007—Dec. 31, 20078%21 575 Jan. 1, 2008—Mar. 31, 20087%67621 Apr. 1, 2008—Jun. 30, 20086% 65 619 Jul. 1, 2008—Sep. 30, 2008 5% 63617 Oct. 1, 2008—Dec. 31, 20086% 65 619 Jan. 1, 2009—Mar. 31, 2009 5%15569 Apr. 1, 2009—Jun. 30, 20094%13 567 Jul. 1, 2009—Sep. 30, 20094%13 567 Oct. 1, 2009—Dec. 31, 20094%13 567 Jan. 1, 2010—Mar. 31, 20104%13 567 Apr. 1, 2010—Jun. 30, 20104%13 567 Jul. 1, 2010—Sep. 30, 20104%13 567 Oct. 1, 2010—Dec. 31, 20104%13 567 Jan. 1, 2011—Mar. 31, 20113%11 565 Apr. 1, 2011—Jun. 30, 20114%13 567 Jul. 1, 2011—Sep. 30, 20114%13 567 Oct. 1, 2011—Dec. 31, 20113%11 565 Jan. 1, 2012—Mar. 31, 20123% 59 613 Apr. 1, 2012—Jun. 30, 20123% 59 613 Jul. 1, 2012—Sep. 30, 20123% 59 613 Oct. 1, 2012—Dec. 31, 20123% 59 613 2012–39 I.R.B.364September 24, 2012 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1999—Mar. 31, 19996%17 571 7%19 573 Apr. 1, 1999—Jun . 30, 1999 7%19 573 8%21 575 Jul. 1, 1999—Sep. 30, 19997%19 573 8%21 575 Oct. 1, 1999—Dec. 31, 19997%19 573 8%21 575 Jan. 1, 2000—Ma r. 31, 2000 7%676218%69623 Apr. 1, 2000—Jun. 30, 20008%696239%71 625 Jul. 1, 2000—Sep. 30, 20008%696239%71 625 Oct. 1, 2000—D ec. 31, 2000 8%696239%71 625 Jan. 1, 2001—Mar. 31, 20018%21 575 9%23 577 Apr. 1, 2001—Jun. 30, 20017%19 573 8%21 575 Jul. 1, 2001— Sep. 30, 2001 6%17 571 7%19 573 Oct. 1, 2001—Dec. 31, 20016%17 571 7%19 573 Jan. 1, 2002—Mar. 31, 2002 5%15569 6%17 571 Apr. 1, 2002 —Jun. 30, 2002 5%15569 6%17 571 Jul. 1, 2002—Sep. 30, 2002 5%15569 6%17 571 Oct. 1, 2002—Dec. 31, 2002 5%15569 6%17 571 Jan. 1, 200 3—Mar. 31, 2003 4%13 5675%15569 Apr. 1, 2003—Jun. 30, 20034%13 5675%15569 Jul. 1, 2003—Sep. 30, 20034%13 5675%15569 Oct. 1, 20 03—Dec. 31, 2003 3%11 565 4%13 567 Jan. 1, 2004—Mar. 31, 20043% 59 6134%61 615 Apr. 1, 2004—Jun. 30, 20044%61 6155% 63617 Jul. 1, 2 004—Sep. 30, 2004 3% 59 6134%61 615 Oct. 1, 2004—Dec. 31, 20044%61 6155% 63617 Jan. 1, 2 005—Mar. 31, 2005 4%13 5675%15569 Apr. 1, 2005—Jun. 30, 20055%15569 6%17 571 Jul. 1, 2005—Sep. 30, 20055%15569 6%17 571 Oct. 1, 2005—Dec. 31, 2005 6%17 571 7%19 573 Jan. 1, 2006—Mar. 31, 2006 6%17 571 7%19 573 Apr. 1, 2006—Jun. 30, 20066%17 571 7%19 573 Jul. 1, 2006—Sep. 30, 20067%19 573 8%21 575 Oct. 1 , 2006—Dec. 31, 2006 7%19 573 8%21 575 Jan. 1, 2007—Mar. 31, 20077%19 573 8%21 575 Apr. 1, 2007—Jun. 30, 20077%19 573 8%21 575 Jul. 1, 2007—Sep. 30, 2007 7%19 573 8%21 575 Oct. 1, 2007—Dec. 31, 20077%19 573 8%21 575 Jan. 1, 2008—Mar. 31, 20086% 65 6197%67621 Apr . 1, 2008—Jun. 30, 2008 5% 636176% 65 619 Jul. 1, 2008—Sep. 30, 20084%61 6155% 63617 Oct. 1, 2008—Dec. 31, 2008 5% 636176% 65 619 Jan . 1, 2009—Mar. 31, 2009 4%13 5675%15569 Apr. 1, 2009—Jun. 30, 20093%11 565 4%13 567 Jul. 1, 2009—Sep. 30, 20093%11 56 5 4%13 56 7 Oc t. 1, 2009—Dec. 31, 2009 3%11 565 4%13 567 Jan. 1, 2010—Mar. 31, 20103%11 565 4%13 567 Apr. 1, 2010—Jun. 30, 20103%11 5 65 4%13 5 67 J ul. 1, 2010—Sep. 30, 2010 3 % 1 1 565 4 % 1 3 567 Oct. 1, 2010—Dec. 31, 20103%11 565 4%13 567 Jan. 1, 2011—Mar. 31, 20112%9 563 3%11 565 Apr. 1, 2011—Jun. 30, 20113%11 565 4%13 567 Jul. 1, 2011—Sep. 30, 20113%11 565 4%13 567 Oct. 1, 2011—Dec. 31, 20112%9 563 3%11 565 Jan. 1, 2012—Mar. 31, 20122% 57 6113% 59 613 September 24, 20123652012–39 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS – Continued OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Apr. 1, 2012—Jun. 30, 20122% 57 6113% 59 613 Jul. 1, 2012—Sep. 30, 20122% 57 6113% 59 613 Oct. 1, 2012—De c. 31, 2012 2% 57 6113% 59 613 TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1991—Ma r. 31, 1991 13%31 585 Apr. 1, 1991—Jun. 30, 199112%29 583 Jul. 1, 1991—Sep. 30, 199112%29 583 Oct. 1, 1991—D ec. 31, 1991 12%29 583 Jan. 1, 1992—Mar. 31, 199211% 75 629 Apr. 1, 1992—Jun. 30, 199210%73627 Jul. 1, 1992—S ep. 30, 1992 10%73627 Oct. 1, 1992—Dec. 31, 19929%71 625 Jan. 1, 1993—Mar. 31, 19939%23 577 Apr. 1, 1993— Jun. 30, 1993 9%23 577 Jul. 1, 1993—Sep. 30, 19939%23 577 Oct. 1, 1993—Dec. 31, 19939%23 577 Jan. 1, 1994 —Mar. 31, 1994 9%23 577 Apr. 1, 1994—Jun. 30, 19949%23 577 Jul. 1, 1994—Sep. 30, 199410% 25579 Oct. 1, 199 4—Dec. 31, 1994 11%27 581 Jan. 1, 1995—Mar. 31, 1995 11%27 581 Apr. 1, 19 95—Jun. 30, 1995 12%29 583 Jul. 1, 1995—Sep. 30, 1995 11%27 581 Oct. 1, 1995—Dec. 31, 1995 11%27 581 Jan. 1, 1996—Mar. 31, 199611% 75 629 Apr. 1, 1 996—Jun. 30, 1996 10%73627 Jul. 1, 1996—Sep. 30, 199611% 75 629 Oct. 1, 1996—Dec. 31, 199611% 75 629 Jan. 1, 1997—Mar. 31, 1997 11%27 581 Apr. 1, 1997—Jun. 30, 199711%27 581 Jul. 1, 1997—Sep. 30, 199711%27 581 Oct. 1 , 1997—Dec. 31, 1997 11%27 581 Jan. 1, 1998—Mar. 31, 199811%27 581 Apr. 1, 1998—Jun. 30, 199810% 25579 Jul. 1 , 1998—Sep. 30, 1998 10% 25579 Oct. 1, 1998—Dec. 31, 199810% 25579 Jan. 1, 1999—Mar. 31, 19999%23 577 Apr. 1, 1999—Jun. 30, 1999 10% 25579 Jul. 1, 1999—Sep. 30, 199910% 25579 Oct. 1, 1999—Dec. 31, 199910% 25579 Jan . 1, 2000—Mar. 31, 2000 10%73627 Apr. 1, 2000—Jun. 30, 200011% 75 629 Jul. 1, 2000—Sep. 30, 200011% 75 629 Oc t. 1, 2000—Dec. 31, 2000 11% 75 62 9 Jan. 1, 2001—Mar. 31, 200111%27 581 Apr. 1, 2001—Jun. 30, 200110% 2557 9 2012–39 I.R.B.366September 24, 2012 TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jul. 1, 2001—Sep. 30, 20019%23 577 Oct. 1, 2001—Dec. 31, 20019%23 577 Jan. 1, 2002—Mar. 31, 20028%21 575 Apr. 1, 2002—Jun. 30, 20028%21 575 Jul. 1, 2002—Sep. 30, 20028%21 575 Oct. 1, 2002—Dec. 30, 20028%21 575 Jan. 1, 2003—Mar. 31, 20037%19 573 Apr. 1, 2003—Jun. 30, 20037%19 573 Jul. 1, 2003—Sep. 30, 20037%19 573 Oct. 1, 2003—Dec. 31, 20036%17 571 Jan. 1, 2004—Mar. 31, 20046% 65 619 Apr. 1, 2004—Jun. 30, 20047%67621 Jul. 1, 2004—Sep. 30, 20046% 65 619 Oct. 1, 2004—Dec. 31, 20047%67621 Jan. 1, 2005—Mar. 31, 2005 7%19 573 Apr. 1, 2005—Jun. 30, 2005 8%21 575 Jul. 1, 2005—Sep. 30, 2005 8%21 575 Oct. 1, 2005—Dec. 31, 2005 9%23 577 Jan. 1, 2006—Mar. 31, 20069%23 577 Apr. 1, 2006—Jun. 30, 20069%23 577 Jul. 1, 2006—Sep. 30, 200610% 25579 Oct. 1, 2006—Dec. 31, 200610% 25579 Jan. 1, 2007—Mar. 31, 200710% 25579 Apr. 1, 2007—Jun. 30, 200710% 25579 Jul. 1, 2007—Sep. 30, 200710% 25579 Oct. 1, 2007—Dec. 31, 200710% 25579 Jan. 1, 2008—Mar. 31, 20089%71 625 Apr. 1, 2008—Jun. 30, 20088%69623 Jul. 1, 2008—Sep. 30, 20087%67621 Oct. 1, 2008—Dec. 31, 20088%69623 Jan. 1, 2009—Mar. 31, 20097%19 573 Apr. 1, 2009—Jun. 30, 20096%17 571 Jul. 1, 2009—Sep. 30, 20096%17 571 Oct. 1, 2009—Dec. 31, 20096%17 571 Jan. 1, 2010—Mar. 31, 20106%17 571 Apr. 1, 2010—Jun. 30, 20106%17 571 Jul. 1, 2010—Sep. 30, 20106%17 571 Oct. 1, 2010—Dec. 31, 20106%17 571 Jan. 1, 2011—Mar. 31, 2011 5%15569 Apr. 1, 2011—Jun. 30, 20116%17 571 Jul. 1, 2011—Sep. 30, 20116%17 571 Oct. 1, 2011—Dec. 31, 2011 5%15569 Jan. 1, 2012—Mar. 31, 2012 5% 63617 Apr. 1, 2012—Jun. 30, 2012 5% 63617 Jul. 1, 2012—Sep. 30, 2012 5% 63617 Oct. 1, 2012—Dec. 31, 2012 5% 63617 September 24, 20123672012–39 I.R.B. TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS EXCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1995—Mar. 31, 19956.5% 18 572 Apr. 1, 1995—Jun. 30, 19957.5% 20 574 Jul. 1, 1995—Sep. 30, 19956.5% 18 572 Oct. 1, 1995—Dec. 31, 19956.5% 18 572 Jan. 1, 1996—Mar. 31, 1996 6.5% 66620 Apr. 1, 1996—Jun. 30, 1996 5.5% 64618 Jul. 1, 1996—Sep. 30, 1996 6.5% 66620 Oct. 1, 1996—Dec. 31, 1996 6.5% 66620 Jan. 1, 1997—Mar. 31, 1997 6.5% 18 572 Apr. 1, 1997—Jun. 30, 1997 6.5% 18 572 Jul. 1, 1997—Sep. 30, 1997 6.5% 18 572 Oct. 1, 1997—Dec. 31, 1997 6.5% 18 572 Jan. 1, 1998—Mar. 31, 1998 6.5% 18 572 Apr. 1, 1998—Jun. 30, 1998 5.5% 16 570 Jul. 1, 1998—Sep. 30, 1998 5.5% 16 570 Oct. 1, 1998—Dec. 31, 1998 5.5% 16 570 Jan. 1, 1999—Mar. 31, 1999 4.5% 14 568 Apr. 1, 1999—Jun. 30, 1999 5.5% 16 570 Jul. 1, 1999—Sep. 30, 1999 5.5% 16 570 Oct. 1, 1999—Dec. 31, 1999 5.5% 16 570 Jan. 1, 2000—Mar. 31, 2000 5.5% 64618 Apr. 1, 2000—Jun. 30, 2000 6.5% 66620 Jul. 1, 2000—Sep. 30, 2000 6.5% 66620 Oct. 1, 2000—Dec. 31, 2000 6.5% 66620 Jan. 1, 2001—Mar. 31, 2001 6.5% 18 572 Apr. 1, 2001—Jun. 30, 2001 5.5% 16 570 Jul. 1, 2001—Sep. 30, 2001 4.5% 14 568 Oct. 1, 2001—Dec. 31, 2001 4.5% 14 568 Jan. 1, 2002—Mar. 31, 2002 3.5% 12 566 Apr. 1, 2002—Jun. 30, 2002 3.5% 12 566 Jul. 1, 2002—Sep. 30, 2002 3.5% 12 566 Oct. 1, 2002—Dec. 31, 2002 3.5% 12 566 Jan. 1, 2003—Mar. 31, 2003 2.5% 10 564 Apr. 1, 2003—Jun. 30, 2003 2.5% 10 564 Jul. 1, 2003—Sep. 30, 2003 2.5% 10 564 Oct. 1, 2003—Dec. 31, 2003 1.5% 8 562 Jan. 1, 2004—Mar. 31, 2004 1.5%56 610 Apr. 1, 2004—Jun. 30, 2004 2.5%58 612 Jul. 1, 2004—Sep. 30, 2004 1.5%56 610 Oct. 1, 2004—Dec. 31, 2004 2.5%58 612 Jan. 1, 2005—Mar. 31, 20052.5% 10 564 Apr. 1, 2005—Jun. 30, 20053.5% 12 566 Jul. 1, 2005—Sep. 30, 20053.5% 12 566 Oct. 1, 2005—Dec. 31, 20054.5% 14 568 Jan. 1, 2006—Mar. 31, 2006 4.5% 14 568 Apr. 1, 2006—Jun. 30, 2006 4.5% 14 568 Jul. 1, 2006—Sep. 30, 2006 5.5% 16 570 Oct. 1, 2006—Dec. 31, 2006 5.5% 16 570 Jan. 1, 2007—Mar. 31, 2007 5.5% 16 570 Apr. 1, 2007—Jun. 30, 2007 5.5% 16 570 Jul. 1, 2007—Sep. 30, 2007 5.5% 16 570 Oct. 1, 2007—Dec. 31, 2007 5.5% 16 570 Jan. 1, 2008—Mar. 31, 2008 4.5% 62616 Apr. 1, 2008—Jun. 30, 2008 3.5% 60614 Jul. 1, 2008—Sep. 30, 2008 2.5%58 612 2012–39 I.R.B.368September 24, 2012 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS E XCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Oct. 1, 2008—Dec. 31, 2008 3.5% 60614 Jan. 1, 2009—Mar. 31, 2009 2.5% 10 564 Apr. 1, 2009—Jun. 30, 2009 1.5% 8 562 Jul. 1, 2009—Sep. 30, 2009 1.5% 8 562 Oct. 1, 2009—Dec. 31, 2009 1.5% 8 562 Jan. 1, 2010—Mar. 31, 2010 1.5% 8 562 Apr. 1, 2010—Jun. 30, 2010 1.5% 8 562 Jul. 1, 2010—Sep. 30, 2010 1.5% 8 562 Oct. 1, 2010—Dec. 31, 2010 1.5% 8 562 Jan. 1, 2011—Mar. 31, 2011 0.5%* Apr. 1, 2011—Jun. 30, 2011 1.5% 8 562 Jul. 1, 2011—Sep. 30, 2011 1.5% 8 562 Oct. 1, 2011—Dec. 31, 2011 0.5%* Jan. 1, 2012—Mar. 31, 2012 0.5%* Apr. 1, 2012—Jun. 30, 2012 0.5%* Jul. 1, 2012—Sep. 30, 2012 0.5%* Oct. 1, 2012—Dec. 31, 2012 0.5%* September 24, 20123692012–39 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2012–56 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. These rates re- flect certain changes implemented by the Moving Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP–21). MAP–21 provides that for purposes of § 430(h)(2), the segment rates are limited by the applicable maximum percentage or the applicable minimum per- centage based on the average of segment rates over a 25 year period. Additional guidance related to the new legislation will be issued in the future. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i) provide that the interest rates used to calculate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conservatively in long term in- vestment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for August 2012 is 4.01 percent. Pursuant to Notice 2004–34, the Service has de- termined this rate as the average of the monthly yields for the included corporate bond indices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% September2012 5.25 4.73 5.25 YIELD CURVE AND SEGMENT RATES Generally, except for certain plans under sections 104 and 105 of the Pen- sion Protection Act of 2006, § 430 of the Code specifies the minimum funding requirements that apply to single em- ployer plans pursuant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined using three 24-month average interest rates (“segment rates”), each of which applies to cash flows during speci- fied periods. To the extent provided under § 430(h)(2)(C)(iv), these segment rates are adjusted by the applicable percentage of the 25-year average segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Notice 2007–81, 2007–2 C.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond segment rates used to compute the tar- get normal cost and the funding target. Pursuant to Notice 2007–81, the monthly corporate bond yield curve derived from August 2012 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of Au- gust 2012 are, respectively, 1.13, 3.71, and 4.52. The three 24-month average cor- porate bond segment rates applicable for September 2012, without adjustment by the applicable percentage of the 25-year average segment rates, are as follows: 2 4-MonthSegmentRatesWithoutAdjustmentby25-YearAverageSegmentRates First Segment Second Segment Third Segment 1.75 4.62 5.72 2012–39 I.R.B.370September 24, 2012 For plan years beginning in 2012, the 24-month average segment rates deter- mined under § 430(h)(2)(C)(iv) must be not less than 90% nor greater than 110% of the 25-year average segment rates. Pur- suant to Notice 2012–55, I.R.B. 2012–36, the first, second, and third 25-year segment rates applicable for plan years beginning in 2012 are 6.15, 7.61, and 8.35, respectively. Therefore, for plan years beginning in 2012, the three adjusted 24-month average corporate bond segment rates applicable for September 2012, taking into account the applicable percentage of the 25-year average segment rates, are as follows: Adjusted 24-Month Average Segment Rates, U singApplicablePercentageof25-YearAverageSegmentRates Applicable month For Plan Years Beginning in First Segment Second Segment Third Segment September 20122012 5.546.857.52 The 25-year average segment rates for the period ending September 30, 2012 have not been determined yet. The Ser- vice will issue additional guidance on the September 2012 adjusted 24-month aver- age segment rates applicable for plan years beginning in 2013 when those 25-year average segment rates are determined. 30-YEAR TREASURY SECURITIES INTEREST RATES Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- bleinterestrateforamonthistheannual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for August 2012 is 2.77 percent. The Service has determined this rate as the average of the yield on the 30-year Trea- sury bond maturing in May 2042 deter- mined each day through August 8, 2012, and the yield on the 30-year Treasury bond maturing in August 2042 determined each day for the balance of the month. Generally for plan years beginning after 2007, § 431 specifies the mini- mum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in section 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the inter- est rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities dur- ing the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate. The following rates were determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average90%to105% September20123.73 3.35 3.91 MINIMUM PRESENT VALUE SEGMENT RATES In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month average. For plan years beginning in 2008 through 2011, the applicable interest rates are the monthly spot segment rates blended with the applicable rate under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007. Notice 2007–81 provides guidelines for determining the minimum present value segment rates. Pursuant to that notice, the minimum present value transitional segment rates determined for August 2012, taking into account the August 2012 30-year Treasury rate of 2.77 stated above, are as follows: September 24, 20123712012–39 I.R.B. MinimumPresentValueSegmentRatesforAugust2012 For Plan Years Beginning in First Segment Second Segment Third Segment 20111.46 3.52 4.17 20121.133.71 4.52 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Division. Mr. Montanaro may be e-mailed atRetirementPlanQuestions@irs.gov. 2012–39 I.R.B.372September 24, 2012 Table I Monthly Yield Curve for August 2012 Derived from August 2012 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.5 0.37 20.5 4.43 40.54.5360.54.5780.5 4.60 1.00.6021.04.4341.0 4.53 61.0 4.58 81.04.60 1.50.8121.54.4341.54.5361.54.5881.54.60 2.00.9922.04.4442.0 4.53 62.0 4.58 82.04.60 2.5 1.12 22.5 4.44 42.54.5362.54.5882.5 4.60 3.01.2423.04.4443.0 4.54 63.0 4.58 83.04.60 3.51.3523.5 4.44 43.54.5463.54.5883.5 4.60 4.01.4724.04.4444.0 4.54 64.0 4.58 84.04.60 4.51.6024.54.4544.54.5464.54.5884.54.60 5.0 1.76 25.04.4545.04.5465.04.5885.0 4.60 5.5 1.92 25.54.4545.54.5465.54.5885.5 4.60 6.02.1026.0 4.45 46.0 4.54 66.0 4.58 86.04.60 6.5 2.29 26.54.4546.54.5566.54.5886.5 4.60 7.02.4827.04.4647.0 4.55 67.0 4.58 87.04.60 7.52.6627.54.4647.54.5567.54.5887.54.60 8.0 2.85 28.04.4648.0 4.55 68.04.5988.04.61 8.5 3.02 28.5 4.47 48.54.5568.5 4.59 88.5 4.61 9.03.1929.0 4.47 49.0 4.55 69.0 4.59 89.0 4.61 9.5 3.35 29.54.4749.5 4.55 69.54.5989.54.61 10.0 3.49 30.04.48 50.04.55 70.04.59 90.0 4.61 10.53.6230.54.4850.54.5670.54.5990.54.61 11.03.7431.04.48 51.04.56 71.04.5991.04.61 11.5 3.84 31.5 4.49 51.54.5671.5 4.5991.54.61 12.0 3.94 32.0 4.49 52.04.56 72.04.59 92.0 4.61 12.5 4.02 32.5 4.49 52.54.5672.5 4.5992.54.61 13.0 4.09 33.0 4.49 53.04.56 73.04.59 93.0 4.61 13.54.1533.54.5053.54.5673.54.5993.54.61 14.04.2034.0 4.5054.04.56 74.04.5994.04.61 14.54.2534.54.5054.54.5674.5 4.5994.54.61 15.0 4.28 35.04.5055.04.5775.0 4.5995.04.61 15.5 4.31 35.54.5155.54.5775.5 4.5995.54.61 16.04.3436.0 4.5156.04.57 76.04.59 96.0 4.61 16.54.3636.54.5156.54.5776.54.6096.54.61 17.04.3837.0 4.5157.04.57 77.04.6097.04.61 17.5 4.39 37.54.5257.54.5777.5 4.6097.54.61 18.04.4038.0 4.5258.04.57 78.04.60 98.0 4.61 18.5 4.41 38.54.5258.54.5778.5 4.6098.54.61 19.0 4.42 39.0 4.52 59.0 4.57 79.0 4.60 99.0 4.61 19.54.4239.54.5259.54.5779.54.6099.54.61 20.04.4340.0 4.53 60.0 4.57 80.04.60100.04.61 September 24, 20123732012–39 I.R.B. Use this Revenue Procedure to prepare Tax Year2012and prior year information returns for submission to Internal Revenue Service (IRS) using electronic filing. Caution to filers: Please read this publication carefully. Persons or businessesrequiredtofileinformationreturns electronically may be subject to penalties for f ailure to file or include correct information if the instructions in this Revenue Procedure are not followed. Important notes : The IRS internet connection for filing information returns electronically is h ttp://fire.irs.govand http://fire.test.irs.gov. The Filing Information Returns Electronically (FIRE) systemand the test systemwill be down from 6 p.m. ETDecember 14, 2012, through January 02, 2013 for yearly updates. In addition, the FIRE system may be down every Wednesday from 2:00 a.m. to 5:00 a.m. ET for programming updates. The FIRE system will not be available for submissions during these times. Form 4419,Application for FilingInformation Returns Electronically (FIRE), is subject to review before the approval to transmit electronically is granted. IRS may require additional documentation. If a determination is made concerning the validity of the documents transmitted electronically, IRS has the authority to revoke the Transmitter Control Code (TCC) and terminate the release of the files. The FIRE system does not provide fill-in forms for filing information returns. Rev. Proc. 2012–36 TABLE OF CONTENTS Part A. General SEC. 1. PURPOSE................................................................................................. 375 SEC. 2. WHAT’S NEW FOR TAX YEAR 2012......................................................................... 376 SEC. 3. WHERE TO FILE AND HOW TO CONTACT THE IRS, INFORMATION RETURNS BRANCH (IRB).................. 376 SEC. 4. FILING AND RETENTION REQUIREMENTS................................................................. 378 SEC. 5. VENDOR LIST – PUBLICATION 1582........................................................................ 378 SEC. 6. FORM 4419, APPLICATION FOR FILING INFORMATION RETURNS ELECTRONICALLY (FIRE) .................................................................................................... 379 SEC. 7. DUE DATES............................................................................................... 380 SEC. 8. VALIDATION OF INFORMATION RETURNS AT IRS SERVICE CENTER........................................ 380 SEC. 9. AMENDED RETURNS...................................................................................... 381 SEC. 10. TAXPAYER IDENTIFICATION NUMBER (TIN)............................................................... 384 SEC. 11. EFFECT ON PAPER RETURNS AND STATEMENTS TO RECIPIENTS.......................................... 384 SEC. 12. PENALTIES ASSOCIATED WITH INFORMATION RETURNS.................................................. 385 SEC. 13. DEFINITION OF TERMS.................................................................................. 385 SEC. 14. STATE ABBREVIATIONS.................................................................................. 388 2012–39 I.R.B.374September 24, 2012 Part B. Electronic Filing Specifications SEC. 1. GENERAL................................................................................................. 389 SEC. 2. ELECTRONIC FILING APPROVAL PROCEDURE............................................................. 389 SEC. 3. TEST FILES............................................................................................... 390 SEC. 4. ELECTRONIC SUBMISSIONS............................................................................... 390 SEC. 5. PIN REQUIREMENTS...................................................................................... 391 SEC. 6. ELECTRONIC FILING SPECIFICATIONS.................................................................... 391 SEC. 7. CONNECTING TO THE FIRE SYSTEM....................................................................... 391 SEC. 8. COMMON PROBLEMS AND QUESTIONS.................................................................... 393 Part C. Record Format Specifications and Record Layouts SEC. 1. FILE LAYOUT DIAGRAM................................................................................... 397 SEC. 2. GENERAL................................................................................................. 397 SEC. 3. TRANSMITTER “T” RECORD............................................................................... 397 SEC. 4. WITHHOLDING AGENT “W” RECORD...................................................................... 400 SEC. 5. RECIPIENT “Q” RECORD.................................................................................. 403 SEC. 6. RECONCILIATION “C” RECORD........................................................................... 411 SEC. 7. END OF TRANSMISSION “F” RECORD...................................................................... 412 Part D. Extensions of Time and W aivers SEC. 1. GENERAL - EXTENSIONS................................................................................. 413 SEC. 2. SPECIFICATIONS FOR FILING EXTENSIONS OF TIME ELECTRONICALLY................................... 414 SEC. 3. RECORD LAYOUT - EXTENSION OF TIME.................................................................. 414 SEC. 4. EXTENSION OF TIME FOR RECIPIENT COPIES OF INFORMATION RETURNS................................ 415 SEC. 5. FORM 8508, REQUEST FOR WAIVERFROM FILING INFORMATION RETURNS ELECTRONICALLY ........................................................................................ 416 Part A. General Revenue Procedures are generally revised annually to reflect legislative and form changes. Comments concerning this Revenue Procedure, or suggestions for making it more helpful, can be addressed to: Internal Revenue Service Attn: Information Returns Branch 230 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 Sec. 1. Purpose Note:Refer to Part A, Sec. 13, for definitions of terms and codes used in this publication. .01This Revenue Procedure supersedesRev. Proc. 2011–50published as Publication 1187 (Rev. 10/2011),Specifications for Filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically. September 24, 20123752012–39 I.R.B. .02The purpose of this Revenue Procedure is to provide the specifications for filing Form 1042-S with IRS electronically through the IRS Filing Information Returns Electronically (FIRE) system. The system is designed to support the electronic filing of infor- mation returns only. This Revenue Procedure must be used to prepare current and prior year information returnsfiled beginning January 1, 2013, and received by IRS by December 31, 2013. .03All data received for processing will be given the same protection as individual income tax returns (Form 1040). IRS will process the data and determine if the records are formatted and coded according to this Revenue Procedure. .04Generally, the box names on the paper Form 1042-S correspond with the fields used to file electronically; however, if discrep- ancies occur, the instructions in this Revenue Procedure must be followed when filing electronically. .05The following Revenue Procedures and publications provide moredetailed filing procedures for certain information returns: (a)Instructions for Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding (b)Publication 1179,General Rules and Specifications for Substitute Forms 1096, 1097, 1098, 1099, 3921, 3922, 5498, 8935, W-2G and 1042-S (c)Publication 1239,Specifications for Filing Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, Electronically (d)Publication 1220,Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G, Electronically (e)Publication 3609,Filing Information Returns Electronically (FIRE) (f)Form 1042,Annual Withholding Tax Return for U.S. Source Income of Foreign Persons (g)Publication 4810,Specifications for Filing Form 8955-SSA, Annual Registration Statement of Identifying Separated Partic- ipants With Deferred Vested Benefits, Electronically .06IRS does not process Forms W-2. Paper or electronic filing of Forms W-2 must be sent to SSA. IRS does, however, process Form 8508,Request for Waiver From Filing Information Returns Electronically(Forms W-2, W-2G, 1042-S, 1097-BTC, 1098 Series, 1099 Series, 3921, 3922, 5498 Series, and 8027) and Form 8809,Application for Extension of Time to File Information Returnsfor Forms W-2 as well as requests for an extension of time to provide the employee copies of Forms W-2. .07Specifications for filing Forms W-2,Wage and Tax Statements, electronically are available from the Social Security Adminis- tration (SSA) only. Filers can call 1–800–SSA–6270 to obtain the telephone number of the SSA Employer Service Liaison Officer for their area. .08Every withholding agent (defined in Part A, Sec. 13) must file an information return on Form 1042-S to report amounts of U.S. sourced income that was paid during thepreceding calendar year. See Publication 515,Withholding of Tax on Nonresident Aliens and Foreign Entities, for additional guidance on what isconsidered U.S. sourced income. Form 1042-S must be filed even if there was no tax withheld because the income was exempt from tax undera U.S. tax treaty or the Code. This includes the exemption for income that is effectively connected with the conduct of a trade or business in the United States, or the tax withheld was released to the recipient. Amounts paid to bona fide residents of U.S. possessions and territories are not subject to reporting on Form 1042-S if the beneficial owner of the income is a U.S. citizen, national, or resident alien. Caution:If filing Form 1042-S, Form 1042,Annual With holding Tax Return for U.S. Source Income of Foreign Persons,mustalso be filed. See Form 1042 for more information. Sec. 2. What’s New for Tax Year 2012 .01“Nature of Changes-Current Year” has beenchanged to “What’s New for Tax Year 2012”. .02The tax year must be updated with the four-digit reporting year (2011 to 2012), unless reporting prior year data. .03Form 4419,Application for Filing Information Returns Electronically (FIRE), must be submitted at least 45 days before the due date of the return(s) to allow IRS the minimum amount of time necessary to process and respond to applications. .04Income code 20 “Earnings as an Artist or Athlete” has been deleted. .05There are two new income codes. Use income code42for earnings as an artist or athleteif there is no central withholding agreement. Use income code43for earnings as an artist or athlete if there is a central withholding agreement. .06Added a Province Code chart in the Recipient “Q” Record, positions 336–337. Reminders In this publication, all titles of forms andpublications and pertinent changes for Tax Year2012are emphasized by the use ofitalics. Portions of text that require special attention are in boldface text. Filers are encouraged to read the publication in its entirety. Sec. 3. Where To File and How to Contact the IRS, Information Returns Branch (IRB) .01All information returns filed through the FIRE system are processed at IRS. General inquiries concerning the electronic filing of Forms 1042-S may be sent to the following address: 2012–39 I.R.B.376September 24, 2012 Internal Revenue Service Information Returns Branch Attn: 1042-S Reporting 230 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .02All requests for an extension of time to file information returns with IRS filed on Form 8809 or requests for an extension to provide recipient copies, and requests for undue hardship waivers filed on Form 8508 should be sent to the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .03The telephone numbers and web addresses for questionsabout specifications for electronic submissions are: Internal Revenue Service 1–866–455–7438 Outside the U.S. 1–304–263–8700 Telecommunication Device for the Deaf (TDD) 1–304–579–4827 Fax Within the U.S. — 1–877–477–0572 Outside the U.S. — 1–304–579–4105 Electronic Filing – FIRE system Production URL — h ttp://fire.irs.gov Test URL — http://fire.test.irs.gov To Obtain Forms: By phone — 1–800–TAX–FORM (1–800–829–3676) I RS.gov— Online Ordering for Information Returns and Employer Returns h ttp://www.irs.gov/formspubs/page/0,,id=10768,00.html .04The currentInstructions for Form 1042-Shave been included in Publication 1187 for the convenience of filers. The Form 1042-T is used only to transmit Copy A of paper Forms 1042-S. When filing paper returns, follow the mailing instructions on Form 1042-T and submit the paper returns to: Internal Revenue Service Ogden Service Center P.O. Box 409101 Ogden, UT 84409 .05Form 4419,Application for Filing Information Returns Electronically (FIRE), Form 8809,Application for Extension of Time to File Information Returns, and Form 8508,Request for Waiver From Filing Information Returns Electronically, may be faxed to IRS at 1–877–477–0572 or 1–304–579–4105. .06Electronic Products and Services Support, Information ReturnsBranch (IRB), answers electronic, paper filing, and tax law questions from the payer community relating to the correct preparation and filing of information returns (Forms 1096, 1097, 1098, 1099, 3921, 3922, 8935, 5498, 8027, and W-2G). IRB also answers questions relating to the electronic filing of Forms 1042-S and 8955-SSA. Call 1–866–455–7438 or 1–304–263–8700 for specific information about electronic filing of Forms 1042-S, 8027, and 8955-SSA. Inquiries pertaining to backup withholding and reasonable cause requirements due to missing and incorrect taxpayer iden- tificationnumbersarealsoaddressedbyIRB.Assistance is available year-round to payers, transmitters, and employers, Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern Time, by calling 1–866–455–7438 or by email at m ccirp@irs.gov. When sending emails concerning specificfileinformation,includethecompanynameandtheelectronic filename or Transmitter Control Code. Please do not submit TINs or attachments,because electronic mail is not secure and the information may be compromised. The Telecommunications Device for the Deaf (TDD) toll number is 1–304–579–4827. Call as soon as questions arise to avoid the busy filing seasons at the end of January, February, and March. Recipients ofinformation returns (payees) should continue to contact 1–800–829–1040 with any questions on how to report the information returns data on their tax returns. September 24, 20123772012–39 I.R.B. Note:IRB assistors do not answer tax law questions concerning the requirements for withholding of tax on payments of U.S. source income to foreign persons under Chapter 3 ofthe Internal Revenue Code (IRC). If suchassistance is needed, call 1–267–941–1000 (not a toll-free number) or write to: Internal Revenue Service International Accounts Philadelphia, PA 19255–0725. .08Filers should not contact IRB if they have received a penalty notice and need additional information or are requesting an abate- ment of the penalty. A penalty notice contains an IRS representative’s name and/or telephone number for contact purposes; or, the filer maybeinstructedtorespondinwritingtotheaddress provided. IRB does not issue penalty notices and does not have the authority to abate penalties. For penalty information, refer to the Penalty section of theInstructions for Form 1042-S. .09Make requests for paper Forms 1042-S by calling the IRS at1–800–TAX–FORM (1–800–829–3676) or ordering online from the IRS website atw ww.IRS.gov/formspubs. .10Questions pertaining to electronic filing of Forms W-2 must be directed to the Social Security Administration (SSA). Filers can call 1–800–772–6270 to obtain the telephone number of theSSA Employer Service Liaison Officer for their area. .11A taxpayer or authorized representative may request a copy of a taxreturn, including Form W-2 filed with a return, by submitting Form 4506,Request for Copy of Tax Return, to IRS. This form may be obtained by calling 1–800–TAX–FORM (1–800–829–3676). For any questions regarding this form, call 1–267–941–1000. This is not a toll-free number. Sec. 4. Filing and Retention Requirements .01The regulations under section 6011(e)(2)(A) of the Internal Revenue Code provide that any person, including a corporation, partnership, individual, estate, and trust, who is required to file 250or more information returns must file such returns electronically. Withholding agents who meet the threshold of 250 or more Forms1042-S are required to submit the information electronically. Note:Even though filers may submit up to 249 information returns onpaper, IRS encourages filers to transmit those information returns electronically. Filers are encouraged to file information returnselectronically even if they do not meet the required 250 infor- mation returns threshold. .02All filing requirements apply individually to each reporting entity as defined by its separate Taxpayer Identification Number (TIN), [Social Security Number (SSN), Employer Identification Number (EIN), Individual Taxpayer Identification Number (ITIN), or Qualified Intermediary Employer Identification Number (QI-EIN), Withholding Foreign Partnership Employer Identification Num- ber (WP-EIN), Withholding Foreign Trust Employer Identification Number (WT-EIN) ]. For example, if a corporation with several branches or locations uses the same EIN, the corporation must aggregate the total volume of returns to be filed for that EIN and apply the filing requirements toeach type of return accordingly. .03These requirements apply separately to both originals and amended records filed electronically. .04The requirements do not apply if the filer establishes undue hardship (See Part D, Sec. 5). .05Current and prior year data must be submitted in separate electronic transmissions. Each tax yearmust be a separate electronic file. .06Filers who have prepared their information returns in advance of the due date should submit this information to IRS no earlier than January 1 of the year the return is due. .07Do not report duplicate information. If a filer submits returns electronically, identical paper documents must not be filed. Duplicate filing may result in penalty notices being sent to recipients. .08Withholding agents should retain a copy of the information returns filed with the IRS or have the ability to reconstruct the data for at least three years from the due date of the returns. Sec. 5. Vendor List – Publication 1582 .01IRS maintains a list of vendors who support electronic filing.Publication 1582,Information Returns Vendor List,containsthe names of service bureaus that will produce or submit files for electronic filing. It also contains the names of vendors who provide software packages for payers who wish to produce electronic files on their own computersystems. This list is compiled as a courtesy and in no way implies IRS approval or endorsement. .02If filers engage a service bureau to prepare files on their behalf, the filers must not also report this data, as it will create a duplicate filing situation which may cause penalty notices to be generated. .03Publication 1582 is updated periodically. The mostrecent revision is available on the IRS website at w ww.IRS.gov.Foran additional list of software providers, log on to w ww.IRS.govand type “Business e-file Providers” in the Search box. 2012–39 I.R.B.378September 24, 2012 .04If you are a new vendor and would like to be listed in the online Publication 1582 or if you are listed and the information is incorrect or incomplete, submit a letter to the following address: Internal Revenue Service Information Returns Branch 230 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430–5201 The request should include: (a) Company name (b) Address (include city, state, and ZIP code) (c) Telephone and FAX number (include area code) (d) Email address (e) Contact person (f) Website (g) Type(s) of service provided (for example, service bureau and/or software) (h) Method of filing (only electronic filing is acceptable) (i) Type(s) of return(s) Sec. 6. Form 4419, Application for Filing Information Returns Electronically (FIRE) .01Transmitters are required to submit Form 4419,Application for Filing Information Returns Electronically (FIRE),torequest authorization to file information returns with IRS. A single Form 4419 should be filed. IRS encourages transmitters who file for multiple withholding agents or qualified intermediaries to submit one application and to use the assigned Transmitter Control Code (TCC) for all. Form 4419 is subject to review before approval to transmit electronically is granted. IRS may require additional documentation. If a determination is made concerning the validity of the documents transmitted electronically, IRS has the authority to revoke the Transmitter Control Code (TCC) and terminate the release of files. Note:An additional Form 4419 is required for filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G. Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, and Form 8955-SSA,Annual Registration Statement Identi- fying Separated Participants With Deferred Vested Benefits, also require separate Forms 4419. See the back of Form 4419 for detailed instructions. .02Electronically filed returns may not be submitted to IRS until the application has been approved. Please read the instructions on the back of Form 4419 carefully. Form 4419 is included in Publication 1187 for the filer’s use. This form may be photocopied. Additional forms may be obtained by calling 1–800–TAX–FORM (1–800–829–3676). The form is also available atw ww.IRS.gov. .03Upon approval, a five-character alphanumeric Transmitter Control Code (TCC) beginning with the digits “22” will be assigned and included in an approval letter. The TCC must be coded in theTransmitter “T” Record. If a transmitter uses more than one TCC to file, each TCC must be reported on a separate electronic transmission. Please make sure that electronic files are submitted using the correct TCC. .04If any of the information (Name, TIN or Address) on Form 4419 changes, please notify IRS in writing by fax or mail so the IRS database can be updated. The transmittershould include the TCC in all correspondence. .05Form 4419 may be submitted anytime during the year; however, it must be submitted to IRS at least45 daysbefore the due date of the return(s) for current year processing. This will allow IRSthe minimum amount of time necessary to process and respond to applications. Form 4419 may be faxed to IRS at 877–477–0572 or 304–579–4105 (not toll-free). In the event that computer equipment or software is not compatible with IRS, a waiver maybe requested to file returns on paper documents. .06IRS encourages a transmitter who files for multiple withholding agents to submit one application and to use the assigned TCC for all withholding agents. .07If a withholding agent’s files are prepared by a service bureau, it may not be necessary for the withholding agent to submit an application to obtain a TCC. Some service bureaus will produce files, code their own TCC on the file, and send it to IRS for the withholding agent. Other service bureaus will prepare electronic files for the withholding agent to submit directly to IRS. These service bureaus may require the withholding agent to obtain a TCC to be coded in the Transmitter “T” Record. Withholding agents should contact their service bureaus for further information. .08Once a transmitter is approved to file electronically, it is not necessary to reapply each year unless: (a)The withholding agent has discontinued filing electronicallyfor two consecutive years; the withholding agent’s TCC may have been reassigned by IRS. Withholding agents who are aware that the TCC assigned will no longer be used are requested to notify IRS so these numbers may be reassigned; September 24, 20123792012–39 I.R.B. (b)The withholding agent’s electronic files were transmitted inthe past by a service bureau using the service bureau’s TCC, but now the withholding agent has computer equipment compatible with that of IRS and wishes to prepare his or her own files. The withholding agent must request a TCC by filing Form 4419. .09One Form 4419 may be submitted per TIN. Multiple TCCs will only be issued to withholding agents with multiple TINs. Only one TCC will be issued per TIN unless the filer has checked the application for the following forms in addition to the Form 1042-S: Forms 1097, 1098, 1099, 3921, 3922, 5498, W-2G, 8935, 8955-SSA and/or 8027. A separate TCC will be assigned for these forms. .10Approval to file does not imply endorsement by IRS of any computer software or of the quality of tax preparation services provided by a service bureau or software vendor. Sec. 7. Due Dates .01The due dates for filing paper returns with IRS also applies toelectronic filing of Form 1042-S. Filing of these returns is on a calendar year basis. .02Form 1042-S filed electronically must besubmitted to IRS on or before March 15. .03If any due date falls on a Saturday, Sunday, or legal holiday, the return or statement is considered timely if filed or furnished on the next day that is not a Saturday, Sunday, or legal holiday. .04Statements to recipients must be postmarked on or before March 15. Sec. 8. Validation of Information Returns at IRS Service Center .01The accuracy of data reported onForm 1042-S is reviewed and validated at the IRS Service Center. All fields indicated as “Required” in the record layouts in Part C must contain valid information. If the Service identifies an error, filers will be notified and required to provide correct information. .02Be sure to review Notice 2006–35, 2006–14 I.R.B. 708 for know-your-customer rules. .03The tax rate entered must be a valid tax rate based on the Internal Revenue Code or on a valid treaty article. The valid treaty rate is based on the recipient’s country of residence for tax purposes. The rate selected must be justified by the appropriate treaty. A valid Tax Rate Table is located in theInstructions for Form 1042-S. .04The Gross Income amount field must reflect pretax income. The Gross Income amount is the total income paid before any deduction of tax at source. This amount field must be reported in whole dollars only, rounding to the nearest dollar amount. .05If a qualified intermediary, withholding foreign partnership, or withholding foreign trust is acting as such, either as a withhold- ing agent or as a recipient, the TIN reported must be a QI-EIN, WP-EIN, or WT-EIN and must begin with “98.” See the definition of a QI in Part A, Sec 13 or in theInstructions for Form 1042-S. .06Country Codes used must be valid codes taken from the Country Code Table. Generally, the use of “OC” or “UC” will generate an error condition. If a recipient is claiming treaty benefits, the Country Code can never be “OC” or “UC”. .07If a recipient is an “UNKNOWN RECIPIENT” or “WITHHOLDINGRATE POOL,” no address should be present. These are the only two situations where a street address is not required. .08A U.S. TIN for a recipient is now generally required, particularly for most treaty benefits. The exceptions are very limited and are listed in Publication 515 and the currentInstructions for Form 1042-S. Use recipient U.S. TIN type indicator 4 when a U.S. TIN is required but was not provided. Reduced tax rates are not applicable when using the TIN type 4 indicator. .09Apply the following formulas to determine U.S. Federal Tax Withheld (field positions 359–370 of the Recipient “Q” Record). Applying the formulas will determine what the correct amount ofwithholding should be. If a different amount was withheld, enter the amount that was actually withheld. The U.S. Federal Tax Withheld amount must be added to Withholding by Other Agents (field positions 371–382) and the total of the two fields will be reflectedin the Total Withholding Credit (field positions 383–394). Also, ensure the appropriate indicator is used in position 761 (U.S. Federal Tax Withheld Indicator). All field positions described below are in the Recipient “Q” Record. I ncomeCodes(15,16,17,18,19and42) AllOtherIncomeCodes Gross Income (positions 6–17)Gross Income (positions 6–17) −Withholding Allowance (positions 18–29) ΧTax Rate (positions 42–45) = Net Income (positions 30–41) = U.S. Federal Tax Withheld (positions 359–370) ΧTax Rate (positions 42–45) = U.S. Federal Tax Withheld (positions 359–370) .10The following is how to correctly report an Unknown Recipient. All entries are in the Recipient “Q” Record. (a)Tax Rate (positions 42–45) must be 3000. 2012–39 I.R.B.380September 24, 2012 (b)Exemption Code (positions 46–47) is 00. (c)Recipient Code (positions 92–93) is 20. (d)Recipient’s Name Line-1 (positions 94–133) must have “UNKNOWN” or “UNKNOWN RECIPIENT.” (e)Recipient’s Name Line-2 (positions 134–173) must be blank. (f)Recipient’s address (positions 214–337) must be blank. (g)Recipient’s Country Code (positions 338–339) is UC. .11When making a payment to an international organization (such as, United Nations) or a tax-exempt organization under IRC 501(a), use Country Code “OC.” Use “UC” only when there is an “UNKNOWN RECIPIENT.” .12When using Exemption Code 4, the Recipient Country of Residence Code for Tax Purposes MUST be a VALID treaty country (for example, if the recipient is a tax resident of Northern Ireland use United Kingdom). Do not use Exemption Code 4 unless the exemption of tax is based on a treaty claim. If the tax treaty reduces the tax rate but does not exempt the payment, enter 00 or blanks for the exemption code as indicated in the “Q” Record instructions for positions 46–47. .13Generally, payments under Income Codes 06 and 08 are not exempt from withholding, however, certain exceptions apply. See theInstructions for Form 1042-S. .14If income is from gambling winnings (Income Code 28) or is notspecified (Income Code 50), the tax rate must generally be 30%. This type of income is only exempt from withholding at source ifthe exemption is based on a tax treaty. These treaties are listed in Publication 515,Withholding of Tax on Nonresident Aliens and Foreign Entities. .15If Income Code42or43(Earnings as an Artist or Athlete) is used, the Recipient Code must be 09. Do not use Recipient Code 01 (Individual), 02 (Corporation), or 03 (Partnership). Generally, the tax rate cannot be reduced even if a treaty may apply.If compensation that otherwise would be covered under Income Codes 16through 19 is directly attributable to the recipient’s occupation as an artist or athlete, use Income Code 42 or 43 instead. .16When paying scholarship and fellowship grants (Income Code 15), the Recipient’s Country of Residence for Tax Purposes must be identified and cannot be “OC” or “UC.” Grants that are exempt under Code Section 117 are not required to be reported on Form 1042-S. Note:Grants that are exempt under IR Code 117 include only the amounts provided for tuition, fees, books, and supplies to a qualified student. Amounts provided for room and board can only be exempted under a tax treaty and must be reported on Form 1042-S whether exempt from tax or not. .17If a student is receiving compensation (Income Code 19), or a teacher, or a researcher is receiving compensation (Income Code 18), all or part of which is exempted from tax under a tax treaty, the Country of Residence for Tax Purposes must be identified and cannot be “OC” or “UC.” Sec. 9. Amended Returns .01If a Form 1042-S was filed with the IRS and the filer later discovered an error in the filing, an amended Form 1042-S must be filedassoonaspossible. Note:If any information amended on Form(s) 1042-S changes the information previously reported on Form 1042, the filer must also correcttheForm1042byfilinganamendedreturn. .02The electronic filing requirement for information returns of 250or more applies separately to both original and amended returns. E X A M P L E If a withholding agent has 100 Forms 1042-S to be amended, they can be filed on paper because they fall under the 250 threshold. However, if the withholding agent has 300 Forms 1042-S to be amended, they must be filed electronically because they exceed the 250 threshold. If for some reason a withholding agent cannot file the 300 amended returns electronically, to avoid penalties, a request for a waiver must be submitted before filing on paper. If a waiver is approved for original documents, any amended returns for the same type of return will be covered under that waiver. .03Amended returns should be filed as soon as possible. Amended returns filed after August 1 may be subject to the maximum penalty of $100 per return. Amended returns filed by August 1 may be subject to a lesser penalty. For information on penalties, refer to the Penalty section of the current paper Instructions for Form 1042-S. However, if a withholding agent discovers errors after August 1, the withholding agent is still required to file amended returns or be subject to a penalty for intentional disregard of the filing requirements. If a record is incorrect, all fields on that record must be completed with the correct information. Submit amended returns only for the returns filed in error. Donot submit the entire file. Furnish amended statements to recipients as soon as possible. Note:Do not include original returns and amended returns in the same electronic file. September 24, 20123812012–39 I.R.B. .04If filers discover that certain information returns were omitted on their original file, they must not code these documents as amended returns. The file must be coded and submitted as an original file. .05Prior year data, original and amended, must be filed according to the requirements of this Revenue Procedure. If submitting prior year amended returns, use the record format for the current year and submit in a separate transmission. Use the actual year designation of the amended return in Field Positions 2–5 of the Transmitter “T” Record. A separate electronic transmission must be made for each tax year. .06In general, filers should submit amended returns for returns filed within the last 3 calendar years. .07All paper returns, whether original or amended, must be filed with: Internal Revenue Service Ogden Service Center P.O. Box 409101 Ogden, UT 84409 .08The Recipient “Q” Record provides a 20-position field (positions 72–91) for the recipient’s account number assigned by the withholding agent. This number should be included on the initial return and on the amended return. This is especially important when more than one information return of the same type is reported for arecipient. The account number is used by IRS to determine which information return is being amended. It is vital that each information return reported for a recipient have a unique account number. Do not enter a TIN in this field. .09The record sequence for filing amended returns is the same as for original returns. .10FollowingisachartshowingthestepstotakewhenamendingForm1042-S: Guidelines for Filing Amended Returns Electronically One transaction is required to makethe following corrections properly. Error Made on the Original ReturnHow To File the Amended Return ERRORTYPE1CORRECTION 1. Original return was filed with one or more of the following errors: A. Prepare a new file. The first record on the file will be the Transmitter “T” Record. B.Make a separate “W” Record for each withholding agent being reported with a Return Type Indicator of “1” (1 = Amended) in field position 2. Enter a “G” (Amended Return Indicator) in position 810. C. The Recipient “Q” Records must show the correct record information with a Return Type Indicator of “1” for amended in field position 2. (SeeNote 1.) Enter a “G” (Amended Return Indicator) in position 810. D.Prepare a separate Reconciliation “C” Record for each withholding agent (“W” Record) being reported summarizing the preceding amended “Q” Records. (a)Incorrect money amount (b)Incorrect codes and/or check boxes (c)Incorrect address (d)Form 1042-S submitted in error – should not have been submitted Note 1:If a Form 1042-S was submitted in error, all fields must be exactly the same as the original record except all money amounts must be zeros. E.The last record on the file will be the End of Transmission “F” Record. File layout one step corrections Transmitter “T” Record Amended coded Withholding Agent “W” Record Amended coded Recipient “Q” Record Amended coded Recipient “Q” Record Reconciliation “C” Record End of Transmission “F” Record 2012–39 I.R.B.382September 24, 2012 Guidelines for Filing Amended Returns Electronically Two (2) separate transactions (files) are required to make the following corrections properly. Follow the guidelines for both Transactions 1 and 2. Do not use the two stepcorrection process to correct money amounts. Error Made on the Original ReturnHow To File the Amended Return ERRORTYPE2CORRECTION 1. Original ”Q” Records were filed with one or more of the following errors: Transaction 1:Identify incorrect returns. A. Prepare a new file. The first record on the file will be the Transmitter “T” Record. (a)No Recipient TIN (SSN, EIN, ITIN, QI-EIN) (b)Incorrect Recipient TIN (c)Incorrect Recipient name (d)Incorrect Recipient name and address Note 2:The Record Sequence Number will be different since this is a counter number and is unique to each file. B.Make a separate “W” Record for each withholding agent being reported. The information in the “W” Record will be exactly the same as it was in the original submission except for the Return Type Indicator of “1” (1 = Amended) in field position 2 and the Amended Return Indicator in position 810 must bea“G”.(SeeNote 2.) C. The Recipient “Q” Records must contain exactly the same information as submitted previously, except, insert the Amended Return Indicator Code of “1” in Field Position 2 of the “Q” Records, and enter “0” (zeros) in all payment amounts. Enter the Return Type Indicator of “1” in position 2 and the Amended Return Indicator of “G” in position 810 of all “Q” Records. (SeeNote 2.) D.Prepare a separate Reconciliation “C” Record for each withholding agent being reported summarizing the preceding “Q” Records. E.Continue with Transaction 2 to complete the correction. (SeeNote 3.) Transaction 2:Report the correct information. A. Make a separate “W” Record for each withholding agent being reported. The Return Type Indicator must be “1” in position 2. The Amended Indicator of “C” must be entered in position 810. B.The Recipient “Q” Records must show the correct information. The Return Type Indicator in position 2 must be “1” and the Amended Return Indicator must be “C”. C. Prepare a separate Reconciliation “C” Record for each withholding agent being reported summarizing the preceding “Q” Records. Note 3:Step 1 and Step 2 can be included in the same electronic file. If separate files for Step 1 and Step 2 are submitted, each file must have a complete set of “T, W, Q, C and F” records. D.The last record on the file will be the End of Transmission “F” Record. September 24, 20123832012–39 I.R.B. File layoutstwostep corrections STEP 1 FILE Transmitter “T” Record Amended coded Withholding Agent “W” Record Amended coded Recipient “Q” Record Amended coded Recipient “Q” Record Amended coded Recipient “Q” Record Reconciliation “C” Record STEP 2 FILE Amended coded Withholding Agent “W” Record Amended coded Recipient “Q” Record Amended coded Recipient “Q” Record Amended coded Recipient “Q” Record Reconciliation “C” Record End of Transmission “F” Record .11When correcting the Withholding Agent “W”Record, follow the two step correction process. When the “W” Record is being corrected, every Recipient “Q” Record reported under that incorrect “W” Record must be amended by zero filling all of the amount fields as described in Error Type 2, Transaction 1. .12For information on when an amended Form 1042 is required, refer to theInstructions for Form 1042. Sec. 10. Taxpayer Identification Number (TIN) .01Section 6109 of the Internal Revenue Code establishes the general requirements under which a person is required to furnish a U.S.TIN to the person obligated to file the information return. .02The Withholding Agent must provide its EIN, QI-EIN, WP-EIN orWT-EIN as appropriate, in the “W” Record and “T” Record, if the Withholding Agent is also the transmitter. .03A recipient U.S.TIN (SSN, ITIN, EIN, QI-EIN, WP-EIN,WT-EIN) must be provided on every “Q” Record when: (a)The tax rate is less than 30% (See theInstructions for Form 1042-Sfor exceptions.) (b)The income is effectively connected with the conduct of a trade or business in the United States (c)A recipient claims tax treaty benefits (generally) (d)The recipient is a Qualified Intermediary (e)An NRA individual is claiming exemption from withholding on independent personal services (f)Other situations may apply, see Publication 515,Withholding of Tax on Nonresident Aliens and Foreign Entities .04In the event the recipient does not have a U.S.TIN, the withholding agent should advise the recipient to take the necessary steps to apply for one. .05The recipient’s U.S.TIN and name combination are used to associate information returns reported to IRS with corresponding information on the recipient’s tax return. It is imperative that correct U.S.Taxpayer Identification Numbers (TINs) for recipients be provided to IRS. Do not enter hyphens or alpha characters. Enteringall zeros, ones, twos, etc., will have the effect of an incorrect TIN. .06The withholding agent and recipient names with associated TINs should be consistent with the names and TINs used on other tax returns. Note:A withholding agent must have a valid EIN, QI-EIN, WP-EIN, and/or WT-EIN. It is no longer valid for a withholding agent to use SSNs and ITINs. Sec. 11. Ef fect on Paper Returns and Statements to Recipients .01Electronic reporting of Form 1042-S eliminates the need to submit paper documents to the IRS. CAUTION:Do not send Copy A of the paper forms to the IRS for any formsfiled electronically. This may result in duplicate filing. .02Withholding agents are responsible for providing statements to the recipients as outlined in the currentInstructions for Form 1042-S. Refer to theInstructions for Form 1042-S,Foreign Person’s U.S. Source Income Subject to Withholdingfor guidance on furnishing statements to recipients. 2012–39 I.R.B.384September 24, 2012 .03Statements to recipients should be clear and legible. If the official IRS form is not used, the filer must adhere to the specifications and guidelines in Publication 1179,General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns. .04The address for filing paper Forms 1042-S and Form 1042 is: Internal Revenue Service Ogden Service Center P.O. Box 409101 Ogden, UT 84409 Do not send paper Forms 1042-S or 1042 to IRB. Sec. 12. Penalties Associated With Information Returns .01The following penalties generally apply to the person requiredto file information returns. The penalties apply to electronic filers as well as to paper filers. .02F ailureToFileCorrectInformationReturnsbytheDueDate(Section6721). If you fail to file a correct information return by the due date and you cannot show reasonable cause, you may be subject to a penalty. The penalty applies if, you fail to file timely, if you fail to include all information required to be shown on a return, or if you include incorrect information on a return. The penalty also applies if you file on paper when you were required to file electronically, you report an incorrect TIN or fail to report a TIN, or you fail to file paper forms that are machine readable. The amount of the penalty is based on when you file the correct information return. The penalty is: •$30per information return if you correctly file within 30 daysof the due date of the return (See Part A, Sec. 7.02); maximum penalty $250,000 per year ($75,000 for small businesses). •$60per information return if you correctly file more than 30 daysafter the due date but by August 1; maximum penalty $500,000 per year ($200,000 for small businesses). •$100per information return if you correctly file after August 1 or you do not file required information returns; maximum penalty $1.5 million per year ($500,000 for small businesses). .03A late filing penalty may be assessed for areplacement file which is not transmitted by the required date. See Part B, Sec. 4.05, for more information on replacement files. .04I ntentionaldisregardoffilingrequirements. If failure to file a correct information return is due to intentional disregard of the filing or correct information requirements, the penalty is at least $250 perinformationreturnwithnomaximumpenalty. .05F ailureToFurnishCorrectPayeeStatements(Section6722). Refer to Instruction for Form 1042-S for information regarding penalties which may apply for a failure to furnish correct payee statements. Sec. 13. Definition of Terms ElementDescription Amended ReturnAn amended return is an information return submitted by the transmitter to amend an information return that was previously submitted to and processed by IRS, but contained erroneous information. Beneficial OwnerThe beneficial owner of income is, generally, the person who is required under U.S. tax principles to include the income in gross income on a tax return. For additional information and special conditions see Definitions in theInstructions for Form 1042-S. Employer Identification Number (EIN)A nine-digit number assigned by IRS for federal tax reporting purposes. Electronic FilingSubmission of information returns electronically by the Internet. See Part B of this publication for specific information on electronic filing. September 24, 20123852012–39 I.R.B. ElementDescription FileFor purposes of this Revenue Procedure, a file consists of one Transmitter “T” Record at the beginning of the file, a Withholding Agent “W” Record, followed by the Recipient “Q” Record(s), a Reconciliation “C” Record summarizing the number of preceding “Q” Records and total of preceding money fields. Follow with any additional “W”, “Q”, and “C” Record sequences as needed. The last recordon the file is the End of Transmission “F” Record. Nothing should be reported after the End of Transmission “F” Record. FilerPerson (may be withholding agent and/or transmitter) submitting information returns to IRS. Filing YearThe calendar year in which the information returns are being submitted to IRS. Flow–Through EntityA flow-through entity is a foreign partnership (other than a withholding foreign partnership) or a foreign simple or grantor trust (other than a withholding foreign trust). For any payments for which a reduced rate withholding under an income tax treaty is claimed, any entity is considered to be a flow-through entity if it is considered to be fiscally transparent under IRC Section 894 with respect to the payment by an interest holder’s jurisdiction. Foreign PersonA foreign person includes anonresident alien individual, a foreign corporation, a foreign partnership, a foreign trust, a foreign estate, and any other person who is not a U.S. person.The term also includes a foreign branch or office of a U.S. financial institution or U.S. clearing organization, if the foreign branch is a Qualified Intermediary. Generally, a payment to a U.S. branch of a foreign institution is a payment to a foreign person. Gross IncomeGross income includes income from all sources, except certain items expressly excluded by statute. Gross income is the starting point for computing adjusted gross income and taxable income. Individual Taxpayer Identification Number (ITIN) A nine-digit number issued by IRS to individuals who are required to have a U.S. taxpayer identification number for tax purposes but are not eligible to obtain a Social Security Number (SSN). An ITIN may be used for tax purposes only. Information ReturnThe vehicle for withholding agents to submit required tax information about a recipient to IRS. For this Revenue Procedure, it is information about a foreign person’s U.S. source income subject to withholding, and the information return is Form 1042-S. IntermediaryAn intermediary is a person who acts as a custodian, broker, nominee, or otherwise as an agent for another person, regardless of whether that other person is the beneficial owner of the amount paid, a flow-through entity, or another intermediary. Nonqualified Intermediary (NQI)A Nonqualified Intermediary is a foreign intermediary who is not a U.S. person and is not a Qualified Intermediary. PayerA payer is the person for whom the withholding agent acts as a paying agent pursuant to an agreement whereby the withholding agent agrees to withhold and report a payment. Presumption RulesThe presumption rules arethose rules prescribed under Chapter 3 and Chapter 61 of the Internal Revenue Code that a withholding agent must follow to determine the status of a beneficial owner as a U.S. or foreign person when it cannot reliably associate a payment with valid documentation. 2012–39 I.R.B.386September 24, 2012 ElementDescription Pro-Rata Basis ReportingIf the withholding agent has agreed that an NQI may provide information allocating a payment to its accountholders under the provisions of Regulations section 1.1441–1(e) (3) (iv) (D), and the NQI fails to allocate payment in a withholding rate pool to the specific recipients in the pool, the withholding agent must file a Form 1042-S for each recipient on a pro-rata basis. Qualified Intermediary (QI)A Qualified Intermediary is a foreign intermediary who is a party to a withholding agreement with the IRS, in which it agrees to comply with the relevant terms of Chapters 3 and 61 of the Internal Revenue Code and is in a country with approved know your- customer rules. See Notice 2006–35. Qualified Intermediary Employer IdentificationA nine-digit number assigned by IRS to a QI for Federal tax reporting purposes. A QI-EIN is only to be usedwhen a QI is acting as a qualified intermediary. RecipientPerson (nonresident alien individual, fiduciary,foreign partnership, foreign corporation, Qualified Intermediary,Withholding Rate Pool, or other foreign entity) who receives payments from awithholding agent as a beneficial owner or as a qualified intermediaryacting on behalf of a beneficial owner. A non-qualified intermediary cannot be a recipient. Replacement FileA replacement file is an information return file sent by the filer at the request of IRS because of certain errors encountered while processing the filer’s original submission. Service BureauPerson or organization with whom the withholding agent has a contract to prepare and/or submit information return files to IRS. A parent company submitting data for a subsidiary isnot considered a service bureau. Social Security Number (SSN)A nine-digit number assigned by the Social Security Administration to an individual for wage and tax reporting purposes. Special CharacterAny characterthat is not a numeric, an alpha, or a blank. The only special characters that are acceptable within anelectronic file are ampersand (&), hyphen (-), comma (,), apostrophe (’), forward slash (/), pound sign (#), period (.), and the percent (%). Taxpayer Identification Number (TIN)Refers to either an Employer Identification Number (EIN), Social Security Number (SSN), Individual TaxpayerIdentification Number (ITIN), or a Qualified Intermediary Employer Identification Number (QI-EIN). Tax YearThe year in which payments were made by a withholding agent to a recipient. TransmitterRefers to the person or organization submitting file(s) electronically. The transmitter may be the payer, agent of the payer, or withholding agent. Transmitter Control Code (TCC)A five-character alphanumeric number assigned by IRS to the transmitter prior to filing electronically. An application Form 4419 must be filed with IRS to receive this number. This numberis inserted in the Transmitter “T” Record (field positions 190–194) of the file and must be present before the file can be processed. Transmitter Control Codes assigned to 1042-S filers will always begin with “22”. Unknown RecipientFor this Revenue Procedure, an unknown recipient is a recipient for whom no documentation has been received by awithholding agent or intermediary or for which documentation receivedcannot be reliably associated. This includes incomplete documentation. An unknown recipient is always subject to withholding at the maximum applicable rate. No reduction of or exemption from tax may be applied under any circumstances. September 24, 20123872012–39 I.R.B. ElementDescription VendorVendors include service bureaus that produce information return files for withholding agents. Vendors also include companies that provide software for those who wish to produce their own electronic files. Withholding AgentAny person, U.S. or foreign, who has control, receipt, or custody of an amount subject to withholding or who can disburse or make payments of an amount subject to withholding. The withholding agent may be an individual, corporation, partnership, trust, association, or any other entity. The term withholding agent also includes, but is not limited to, a qualified intermediary, a nonqualified intermediary, a withholding foreign partnership, a withholding foreign trust, a flow-through entity, a U.S. branch of a foreign insurance company or foreign bank that is treated as a U.S. person, and an authorized foreign agent. A person may be a withholding agent under U.S. law even if there is no requirement to withhold from a payment or even if another person has already withheld the required amount from a payment. Withholding Foreign Partnership (WP) or Withholding Foreign Trust (WT) A foreign partnership or trust that has entered into a withholding or Withholding Foreign Trust agreement with the IRS in which it agrees to assume primary withholding responsibility for all payments that are made to it for its partners, beneficiaries, or owners. Sec. 14. State Abbreviations .01The following state and U.S. territory abbreviations must be used when developing the state code portion of address fields. This table provides state and territory abbreviations. Table 4: State & U.S. Territory Abbreviations StateCodeStateCodeStateCode AlabamaALKentuckyKYOhioOH AlaskaAKLouisianaLAOklahomaOK American SamoaASMaineMEOregonOR ArizonaAZMarylandMDPennsylvaniaPA ArkansasARMassachusettsMAPuerto RicoPR Californi a CAMichiganMIRhode Isla nd RI ColoradoCOMinnesotaMNSouth CarolinaSC ConnecticutCTMississippiMSSouth DakotaSD DelawareDEMissouriMOTennesseeTN District of ColumbiaDCMontanaMTTexasTX FloridaFLNebraskaNEUtahUT GeorgiaGANevadaNVVermon t VT GuamGUNew HampshireNHVirginiaVA HawaiiHINew JerseyNJ(U.S.) Virgin IslandsVI IdahoIDNew MexicoNMWashingtonWA IllinoisILNew YorkNYWest VirginiaWV IndianaINNorth CarolinaNCWisconsinWI IowaIANorth Dakota NDWyomi ng WY KansasKSNo. Mariana IslandsMP 2012–39 I.R.B.388September 24, 2012 .02When reporting APO/FPO addresses, use the following format: EXAMPLE: Recipient Name:PVT Willard J. Doe Mailing Address:Company F, PSC Box 100 167 Infantry REGT Recipient City:APO (or FPO) Recipient State:AE, AA, or AP* Recipient ZIP Code:098010100 *AE is the designation for ZIP codes beginning with 090–098, AA for ZIP code 340, and AP for ZIP codes 962–966. Part B. Electronic Filing Specifications Note 1:The Filing Information Returns Electronically (FIRE)system does not provide fill-in forms, except for Form 8809,Appli- cation for Extension of Time to File Information Returns. Filers must program files according to the Record Layout Specifications contained in this publication. For a list of software providers, log on to w ww.IRS.govand type“Business e-file Providers” in the search box.(See Part A, Sec. 5.) Note 2:The FIRE system has scheduled downtime every Wednesday from 2:00 a.m. to 5:00 a.m. (ET) for programming updates and for two weeks at the end of December for yearly updates. The FIRE system will not be available for submissions during these times. Sec. 1. General .01Electronic filing of Form 1042-S (originals, amended and replacement files) is a reporting method for filers submitting 250 or more Forms 1042-S. Payers who are under the filing threshold requirement are encouraged to file electronically. .02All electronic filing of information returns are received at IRSthrough the Filing Information Returns Electronically (FIRE) system. To connect to the FIRE system, point the browser to h ttp://fire.irs.gov. The system is designed to support the electronic filing of information returns only. .03For files submitted through the FIRE system, it is the responsibility of the filer to check the status of the file within five business days to verify the results of the transmission. Information aboutthe errors including the number of errors, a description, and the first occurrence will be provided on the FIRE system. If additional information is neededto understand the errors, the filer can call 1–866–455–7438 or outside the U.S. at 1–304–263–8700. .04The electronic filing of information returns is not affiliated with any other IRS electronic filing programs. Filers must obtain separate approval to participate in each program. Only inquiries concerning electronic filing of information returns should be directed to IRB. .05Files submitted to IRS electronically must be in standard ASCII code. See Part C, Record Format Specifications and Record Layouts, for the proper record format. Do not send paper forms withthe same information as electronically submitted files. This may create duplicate reporting resulting in penalty notices. .06Form 8809,Application for Extension of Time to File Information Returns, is available as a fill-in form on the FIRE system. Filers that do not already have a User ID and password should refer to Part B, Sec. 7. At the Main Menu, click “Extension of Time Request” and then click “Fill-in Extension Form.” This option is only used to request an automatic 30-day extension and must be completed by the due date of the return for each withholding agent requesting an extension. Print theapproval page for your records. Refer to Part D for additional details. Sec. 2. Electronic Filing Approval Procedure .01Filers must obtain a Transmitter Control Code (TCC) prior to submitting files electronically. Refer to Part A, Sec. 6, for information on how to obtain a TCC. .02Once a TCC is obtained, electronic filers must create their own user ID, password, and Personal Identification Number (PIN). See Part B, Sec. 5, for more information on the PIN requirements. .03If a filer is submitting files for more than one TCC, it is notnecessary to create a separate User ID and password for each TCC. .04All passwords must remain confidential. It is the user’s responsibility to remember the password and not allow the password to be compromised. Passwords are created by the user during the first logon and must be eight alphanumeric characters containing at least one uppercase, one lowercase, and one numeric. The FIRE system requires users to change passwords every 90 days or at the first logon attempt after that time period. Users can change passwords at any time from the Main Menu. The previous 24 passwords cannot be used. Filers who forget the password or PIN may call 1–866–455–7438 or outside the U.S. at 1–304–263–8700 for assistance. September 24, 20123892012–39 I.R.B. Sec. 3. Test Files .01Filers are not required to submit a test file; however, the submission of a test file is encouraged for all new electronic filers to test hardware and software. If filers wish to submit an electronic test file for Tax Year2012(returns to be filed in 2013), it must be submitted to IRS no earlier thanNovember 1, 2012, and no later thanFebruary 15, 2013. .02IRS encourages all electronic filers to submit a test. To connect to the FIRE test system, point the browser to h ttp://fire.test.irs.gov. .03The test file must consist of a sample of each type of record: (a)(a) Transmitter “T” Record (b)(b) Withholding Agent “W” Record (c)(c) Multiple Recipient “Q” Records (at least 11 recommended) (d)(d) Reconciliation “C” Record (e)(e) End of Transmission “F” Record .04Use the Test Indicator “TEST” (upper case) in Field Positions 195–198 of the “T” Record to show this is a test file. .05IRS will check the file to ensure it meets the specifications of thisRevenue Procedure. For current filers, sending a test file will provide the opportunity to ensure the software reflects all required programming changes. Filers are reminded that not all validity, consistency, or math error tests will be conducted. .06Filers who encounter problems while transmitting the electronic test file can contact IRS at 1–866–455–7438 or outside the U.S. at 1–304–263–8700 for assistance. .07Within five days after a file has been submitted, filers will benotified by email as to the acceptability of the file if a valid email address was provided on the “Verify Your Filing Information” screen. If using email filtering software, configure the software to accept email from f ire@irs.govand irs.e-helpmail@irs.gov. If the file is bad or an email has not been received within five days, the filer must return to h ttp://fire.test.irs.govto determine what errors are in the file by clicking on CHECK FILE STATUS. Sec. 4. Electronic Submissions .01Electronically filed information may be submitted to IRS 24 hours a day, seven days a week. Technical assistance is available Monday through Friday between 8:30 a.m. and 4:30 p.m. (ET) by calling 1–866–455–7438 or outside the U.S. at 1–304–263–8700. .02The FIRE system has scheduled downtime fromDecember 14, 2012 through January 2, 2013. This allows IRS to make yearly updates to reflect current year changes. Inaddition, the FIRE system may be down every Wednesday from 2:00 a.m. to 5:00 a.m. (ET) for programming updates. The FIRE system will not be available for submissions during these times. .03A file may not exceed 899,999 records. When sending files larger than 10,000 records electronically, data compression is encouraged. WinZip and PKZip are the only acceptable compression packages. IRS cannot accept self-extracting zip files or com- pressed files containing multiple files. The time required to transmit information returns electronically will vary depending on the type of connection to the internet and if data compression is used. The time required to transmit a file can be reduced by as much as 95 percent by using compression. Transmitters that experience problems transmitting files with a scripting process should contact IRS at 1–866–455–7438 or 1–304–263–8700 for assistance. .04Transmitters may create files using self assigned filename(s). Files submitted electronicallywill be assigned a new unique filename by the FIRE system. The filename assigned by the FIRE system will consist of submission type (TEST, ORIG [original], AMEN [amended return], and REPL [replacement]), the filer’s TCC, and a four-digit sequence number. The sequence number will be incremental for every file sent. For example, if this is the first original file for the calendar year and the TCC is 22000, the IRS assigned filename would be ORIG.22000.0001. Record the filename. This information will be needed by IRS to identify the file if assistance is required. .05If a file is submitted timely, but is “bad,” the filer will have up to 60 days from the day the file was transmitted to transmit an acceptable replacement file. If an acceptable replacement file is not received within 60 days, the payer could be subject to late filing penalties. This only applies to files originally submitted electronically. .06The following definitions have been provided to help distinguish between an amended return and a replacement: •Anamended returnis an information return submitted by the transmitterto correct an information return that was previously submitted to and processed by IRS, butcontained erroneous information. Note:Amended returns should only be submitted for records that have been submitted incorrectly, not the entire file. •Areplacementis an information return file sent by the filer because the CHECK FILE STATUS option on the FIRE system indicated the original/amended file was bad. After the necessary changes have been made, the file must be transmitted through the FIRE system. Note:Filers should never transmit anything to IRS as a “Replacement” file unless the CHECK FILE STATUS option on the FIRE system indicates the file is bad. 2012–39 I.R.B.390September 24, 2012 .07The TCC in the Transmitter “T” Record must be the TCC used to transmit the file; otherwise, the file will be considered an error. Sec. 5. PIN Requirements .01The user will be prompted to create a PIN consisting of ten (10)numeric characters when establishing an initial User ID name and password. .02The PIN is required each time an ORIGINAL, AMENDED, or REPLACEMENT file is sent electronically and is permission to release the file. It is not needed for a TEST file. An authorized agent/transmitter may enter their PIN; however, the withholding agent is responsible for the accuracy of the returns. The withholding agent will be liable for penalties for failure to comply with filing requirements. If there is a problem with a PIN, filers should call 1–866–455–7438 or outside the U.S. at 1–304–263–8700 for assistance. .03If the file is “good”, it is released for mainline processing after ten (10) calendar days from receipt. Contact IRS within this ten-day period if there is a reason the file should not be released for further processing. .04If the file is bad, follow normal replacement procedures. Sec. 6. Electronic Filing Specifications .01The FIRE system is designed exclusively for the filing of Forms 1042-S, 1097, 1098, 1099, 3921, 3922, 5498, 8027, 8955-SSA and W-2G. .02A transmitter must have a TCC (see Part A,Sec. 6) before a file can be transmitted. .03Within five days of the electronic transmission, the results of the electronic transmission(s) will be sent to the email address that was provided on the “Verify Your Filing Information” screen. If using email filtering software, configure the software to accept email from f ire@irs.govand irs.e-helpmail@irs.gov. If the file is bad, the filer must return to http://fire.irs.gov(orhttp://fire.test.irs.govif a test file) to determine what errors are in the file by clicking on “CHECK FILE STATUS.” Sec. 7. Connecting to the FIRE System .01Have the TCC and TIN available before connecting. .02Turn off pop-up blocking software before transmitting files. .03Make sure the browser supports the security standards listed below. .04Set the browser to receive “cookies.” Cookies are used to preserve the User ID status. .05Point the browser to h ttp://fire.irs.govto connect to the FIRE system or http://fire.test.irs.govto connect to the FIRE test system (November 1 through February 15). .06FIRE Internet Security Technical Standards are: •HTTP 1.1 Specification (http://www.w3.org/Protocols/rfc2616/rfc2616.txt) •SSL 3.0 or TLS 1.0. SSL and TLS are implemented using SHA and RSA 1024 bits during the asymmetric handshake. The filer can u se one of the following encryption algorithms,listed in order of priority, using SSL or TLS: •AES 256-bit (FIPS-197) •AES 128-bit (FIPS-197) •TDES 168-bit (FIPS-46-3) September 24, 20123912012–39 I.R.B. .07FirsttimeconnectiontotheFIRESystem(If there has been a previous logon, skip to Subsequent Connections to the FIRE System.) •Click“Create New Account” •Fill out the registration form and click“Submit” •Create theUser ID •Create and verifypassword(See Part B Section 2.04 for password rules) •Click“Create” •If the message“Account Created”is received, click“OK” •Create and verify the ten-digit self-assigned Personal Identification Number (PIN) •Click“Submit” •If the message“Your PIN has been successfully created!”is received, click“OK” •Read the bulletin(s) and/or“Click here to continue” . 08Subsequentco nnectionstotheFIRESystem •Click“Log On” •Enter theUser ID •Enter thePassword(The password is case sensitive) •Read the bulletin(s) and/or“Click here to continue” . 09Uploadingafil etotheFIRESystem At the Menu Options : •Click“Send Information Returns” •Enter theTCC •Enter theTIN •Click“Submit” The system will display the company name, address, city, state, ZIP code, telephone number, contact, and email address. This information willbe used to email the transmitter regarding the transmission. Update as appropriate and/or click “Accept.” Note:Please provide an accurate email address for the correct person to receive the email and to avoid having the email returned to IRS as undeliverable. If SPAM filtering software is being used, configure it to allow an email from f ire@irs.govand irs.e-helpmail@irs.gov. Click one of the following: •Original File •Replacement File •Amended File •Test File(This opt ion will only be available from November 1 through February 15 at h ttp://fire.tes t.irs.gov.) •Enter the ten-dig it PIN (If sending a test file, there is no prompt for this.) •Click“Submit” •Click“Browse”to l ocate the file and open it •Click“Upload” When the upload is c omplete, the screen will display the total bytes received and the IRS assigned filename for the file. If this information is no t displayed on the screen, IRS may not have received the file. 2012–39 I.R.B.392September 24, 2012 To verify, go to the “CHECK FILE STATUS” option on the Main Menu. If the filename is displayed, the count is equal to “0,” and the results indicate “not yet processed,” IRB received thefile. If the filename is not displayed, send the file again. If there are more files to upload for that TCC: •Click“File Anot her?”otherwise •Click“Main Menu ” It is the filer’s responsibility to check the acceptability of submitted files. If an email is not received within five business days or an email is received and it indicates the file is bad, log back into the FIRE system and click on CHECK FILE STATUS to view the results of the file. .10 CheckingtheFILESTATUS If the correct email address was provided onthe “Verify Your Filing Information” screen when the file was sent, an email will be sent regarding the FILE STATUS. If the results in the email indicate “Good, not Released” and the “Count of Payees” is correct, the filer is finished with this file. If the email indicates any other results, follow the instructions below. —At the Main Menu: •Click“Check File Status” •Enter theTCC •Enter theTIN •Click“Search” —If the “Results” indicate: “Good, Not Released”– If the “Count of Payees” is correct, the filer is finished with this file. The file will automatically be released after ten calendar days unless the filer contacts IRB within this timeframe. “Good, Released”– The file has been released to our mainline processing. “Bad”– The file has errors. Click on the filename to view the error message(s). Fix the errors, and resubmit the file timely as a “replacement.” “Not yet processed”– The file has been received, but results are not available. Please check back in a few days. —Click on the desired file for a detailed report of your transmission. •When finished, click“Log Out” •Click“Close Web Browser” Sec. 8. Common Problems and Questions .01Publication 1187 is a Revenue Procedure used to provide the electronic filing specifications and format to filers of Forms 1042-S, it is not a tax law document. Therefore, this publicationcannot provide for all possible reporting situations. For any given record entry, it is the responsibility of the filer to make sure the relevant tax law is applied to the record entry being made. September 24, 20123932012–39 I.R.B. FORMATERRORS 1. Incorrect TIN indicator in the “W” Record. Ensure the corre ct TIN Indicator is used. A U.S. withholding agent always has an EIN. Only a foreign withholding agent that has enteredintoaQu alified Intermediary agreement with the IRS can have a QI-EIN. If the withholding agent is a foreign company, then a foreign a ddress must be entered in the withholding agent address fields. 2. Blank or invalid information in the Withholding Agent’s name and address fields. The IRS error correction process requires that the “W” Recordbe checked for validity before the “Q” Record can be corrected. Ensure that the withholding agent’s Name,EIN, Street Address, City, and State or Country is present along with the appropriate Postal or ZIP Code. The Withholding Agent’s Name Line-1 must contain the withholding agent’s name. 3. Missing Recipient TIN in the “Q” Record. A Recipient TIN must be present in order to allow a reduction orexemption from withholding at the 30% tax rate. The only major exceptions to this rule involve payments of portfolio interest, dividends, and certain royalty payments. If the recipient doesn’t have a TIN, one must be applied for and provided to the withholding agent before a reduction or exemption of withholding is allowed. 4. Invalid recipient name and address information. The recipient name entered in Recipient’s Name Line-1 must be the same name shown on the withholding certification document provided to and retained by the withholding agent. Recipient’s Street Line-1 should only show the official street address. Use Recipient’s Street Line-2 for additional internal distribution information such as mail stop numbers or attention information. Follow the instructions for entry of foreign postal codes, cities, and countries. Do not input all information in the City field. Use the appropriate fields and codes. 5. Incorrect use of Recipient Code 20 (Unknown Recipient). This Recipient Code may be used only if no withholding certification document has been provided to and retained by the withholding agent, or the withholding certification document provided to and retained has been determined by the withholding agent to be incomplete or otherwise unreliable. If Recipient Code 20 is used, the Recipient Name Line-1 must contain the words “UNKNOWN” or “UNKNOWN RECIPIENT” and the other name and address fields must be blank. 6. Incorre ct use of Recipient Code 20 and the TaxRate and U.S. Tax Withheld fields. If Recipient Code 20 is used, the Tax Rate and the U.S. Tax Withheld must always be 30%. Exemption Code 04 (treaty exemption) is not allowed when using Recipient Code 20. 7. Incorrect use of Country Codes in the “Q” Record. There are t hree places in the “Q” Record where country information must be entered. Generally, the information entered in these three fiel ds should be consistent. The country list in theInstructions for Form 1042-Sis comprehensive. Do not use any code that is no t on the list. Read theInstructions for Form 1042-Sregarding the use of “OC” and “UC.” Do not use these two codes under any other circumstances than those specifically indicated in the instructions. 8. Incorrect reporting of Tax Rates in the “Q” Record. A valid Tax Rate Table is included in theInstructions for Form 1042-S. Please refer to the table and only use the tax rates listed. “Blended rates” are not allowed. If a tax rate for a given recipient changes during the year, two “Q” Records must be submitted. 2012–39 I.R.B.394September 24, 2012 FORMATERRORS 9. Total amounts reported in the “C” Record do not equal the total amounts reported in the “Q” Records. The total Gross Income and Total Withholding Credit reported in the “Q” Records must equal the Total Gross Income and Total Withholding Credit reported in the corresponding “C” Record. 10. The followi ng are other major errors associated with electronic filing: a.Invalid characters. The only valid characters are those characters listed in Note3atthebeginningofthe“T,”“W,”and “Q” Records. b.“Q” Record Positions 383–394 (Total Withholding Credit) must equal the amounts in Positions 359–370 (U.S. Tax Withheld) and Positions 371-382 (Withholding by Other Agents). c.“C” Record Positions 31–45 must reflect the aggregate of the preceding “Q” records, positions383–394 (Total Withholding Credit). d.“Q” Record Positions 42–45 (Tax Rate) must reflect a valid tax rate. e.“Q” Record Positions 46–47 (Exemption Code) must reflect a valid code and the exemption code must be compatible with the tax rate. For example, if a zero tax (0000) rate is entered in positions 42–45, the appropriate exemption code of 01–09 must be used in positions 46–47. NON-FORMATERRORS 1. SPAM filters are not set to receive email from fire@irs.govand irs.ehelpmail@irs.gov. To receive emails concerning files, processing results, reminders and notices, set the SPAM filter to receive email from f ire@irs.govand irs.e-helpmail@irs.gov. 2. Incorrect email provided. When the “Verify Your Filing Information” screen is displayed, make sure the correct email address is listed. If not, update the screen with the correct email address. 3. Transmitter does not check the FIRE system to determine why the file is bad. Generally, the results of a file transfer are posted to the FIRE system within five business days. If the correct email address was provided on the “Verify Your Filing Information” screen whenthe file was sent, an email will be sent regarding the FILE STATUS. If the results in the email indicate “Good” for test, or“Good, Not Released” for production and the “count of payees” is correct, the filer is finished with this file. If any other resultsare received, follow the instructions in the “Check File Status” option. If the file contains errors, get an online listing of the errors. If the file status is good, but the file should not be processed, contact IRS within ten calendar days from the transmission of the file. 4. Transmit ter uses the TCC assigned for filing 1098, 1099, 5498 or W-2G Forms. Filers must use the Form 1042-S TCC, which begins with “22,” to transmit Form 1042-S files. If the correct TCC is not used, it will automatically be considered an error. 5. Incorrect file is not replaced timely. Ifafileis bad, fix the file, and resubmit timely as a replacement.An acceptable replacement file must be submitted within 60 days from t he day the original file was transmitted. September 24, 20123952012–39 I.R.B. NON-FORMATERRORS 6. Transmitter compresses several files into one. Only compress one file at a time. For example, if there are ten uncompressed files to send, compress each file separately and send ten separate compressed files. 7. Transmitter sends a file and “CHECK FILE STATUS” indicates that the file is good, but the transmitter wants to send another file co ntaining the same information. Once a file has been transmitted, a replacement file cannot be sent unless “CHECK FILE STATUS” indicates the file is bad (five business days after the file was transmitted). If a fileshould not be processed, contact IRS at 1–866–455–7438 or outside the U.S. at 1–304–263–8700 to see if this is a possibility. 8. Transmitter sends an original file that is good, and thensends an amended file for the entire file even though there are only a few changes. The amended fi le, containing the proper coding, should only contain the records needing correction, not the entire file. Improper submission ca n result in duplicate reporting of payee information. 9. File is formatted as EBCDIC. All files submitted electronicallymust be in standard ASCII code. 10. Transmitter has one TCC, but is filing for multiple companies. Which TIN should be used when logging into the FIRE system to send the file? When sending the file electronically, enterthe TIN of the company assigned to the TCC. 11. Transmitter sent the wrong file, what should be done? Call IRS at 1 –866–455–7438 or outside the U.S. at 1–304–263–8700. IRS may be able to stop the file before it has been processed. 2012–39 I.R.B.396September 24, 2012 Part C. Record Format Specifications and Record Layouts Sec. 1. File Layout Diagram Sec. 2. General .01The specifications contained in this part of the Revenue Procedure define the required formation and contents of the records to be included in the electronic files. Sec. 3. Transmitter “T” Record .01The Transmitter “T” Record identifies the entity preparing and transmitting the file. The transmitter and the withholding agent may be the same, but they need not be. The “T” Record contains information which is critical if it is necessary for IRS to contact the filer. .02The first record of a file must be a Transmitter “T” Record. The “T” Record must appear on each electronic file; otherwise, a replacement file will be requested. .03The “T” Record is a fixed length of 820 positions. .04All alpha characters entered in the “T” Record must be upper case. Note 1:For all fields marked “Required,” the transmitter must provide the information described under Description and Remarks. If required fields are not completed in accordance with this Revenue Procedure, IRS will contact the filer to request a replacement file. For those fields not marked “Required,” a transmitter must allow for the field, but may be instructed to enter blanks or zeros in the indicated field position(s)and for the indicated length. September 24, 20123972012–39 I.R.B. Note 2:A copy of the currentInstructions for Form 1042-Sis included at the end of this publication. These instructions must be used for the proper coding of each field in this record where applicable. The instructions are updated each year as required. Publication 1187 may not be revised every year. Be sure to use the most currentInstructions for Form 1042-Swhen coding files. Note 3:The only valid characters for electronic filing are alpha, numeric, blank, ampersand (&), hyphen(-), comma (,), apostrophe (’), forward slash (/), pound sign (#), period (.), and the percent (%). The percent [% (used as“in care of”)] is valid in the first position only. Do not use special characters that are unique to a language other than English. Inclusion of any characters other than those identified as valid in the instructions will result in a “Bad File” status. Record Name: Transmitter “T” Record Field Position Field Title Length Description and Remarks 1Record Type 1 Required.Enter “T.” 2–5 Tax Year4 Required.Enter the year for which income and withholding are being reported. 6–14Transmitter’s Taxpayer Identifica- tion Number (TIN) 9 Required.Enter the Taxpayer Identification Number of the Transmitter. This can be an Employer Identification Number (EIN), Qualified Intermediary Number (QI-EIN), Withholding Partnership (WP-EIN), or a Withholding Trust (WTEIN). Do not enter blanks, hyphens or alpha characters. 15–54 Transmitter’s Name 40 Required.Enter the name of the transmitter of the file. Abbreviate if necessary to fit the 40-character limit. Omit punctuation, if possible. Left-justify the information and fill unused positions with blanks. Note:Do not use special characters in names or addresses that areunique to a language other than English. For example: å = A, æ = A,ű=U,Ǿ=O,ň=N,etc. 55–94 Transmitter’s Address 40 Required.Enter the full mailing address of the transmitter. This includes the number, street, and apartment or suite number (P.O. Box can be used if mail is not delivered to street address). Abbreviate as needed to fit the 40-character limit. Omit punctuation, if possible. Left-justify the informationand fill unused positions with blanks. 95–114 City20 Required.Enter the city or town (or other locality name) of the transmitter. If applicable, enter APO or FPO only. Left-justify the information and fill unused positions with blanks. 115–116 State Code2 Required if U.S. Transmitter.Enter only the valid U.S. Postal Service State Code. Do not spell out the state name. Refer to the State Code Table Part A, Sec. 14. If this field is not utilized, enter blanks. 117–118 Province Code 2 Required if Foreign Country Code is “CA” (Canada).Enter only the two-alpha character Province Code as shown in the Province Code table below. Do not spell out the Province Name. If the foreign country is other than Canada, enter blanks. Province CodeProvinceProvince CodeProvince ABAlbertaNUNunavut BCBritish ColumbiaONOntario MBManitobaPEPrince Edward Island NBNew BrunswickQCQuebec NLNewfoundland & Labrador SKSaskatchewan NSNova ScotiaYTYukon Territory NTNorthwest Territories 2012–39 I.R.B.398September 24, 2012 Record Name: Transmitter “T” Record Field Position Field Title Length Description and Remarks 119–120 Country Code 2 Required if Foreign Transmitter. If the Country Code is present, the State Code field must be blank.Enter only the two-alpha Country Code from the Country Code table. Do not spell out the Country Name. Note: Country Codes: The list of country codes provided in the currentInstructions for Form 1042-Sincludes all internationally recognized country codes and must be used to ensure the propercoding of the Country Code field. This list is updated each year as required. Do not enter U.S. in the Country Code field. 121–129 Postal or ZIP Code 9 Required.Enter up to nine numeric characters for all U.S. addresses (including territories, possessions, and APO/FPO). For foreign addresses enter the alphanumeric foreign postal code, if applicable. Left-justify the information and fill unused positions with blanks. 130–169 Contact Name 40 Required.Enter the name of the person to contact if any questions should arise with the transmission. Left-justify the information and fill unused positions with blanks. 170–189 Contact Telephone Number 20 Required.Enter the contact person’s telephone number, and extension, if applicable. If foreign, provide appropriate codes for international calls. Left-justify the information and fill unused positions with blanks. 190–194 Transmitter Control Code (TCC) 5Required.Enter the five-characteralphanumeric TCC assigned ONLY for Form 1042-S reporting. (The first two numbers will always be 22.) Alpha characters must be upper case. 195–198 Test Indicator 4 Required if this is a test file.Enter the word “TEST.” Otherwise, enter blanks. 199Prior Year Indicator 1 Required.Enter a “P” only if reporting prior year data; otherwise, enter blank. Do not enter a “P” for current year information. 200–810 Reserved611Enter blanks. 811–818 Record Sequence Number 8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and there can only be one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence, that is, 2, 3, 4, etc. Right-justify numbers with leading zeroes in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “W” Record would be “00000002,” the first “Q” Record, “00000003,” the second “Q” Record, “00000004,” and so on until the final record of the file, the “F” Record. 819–820 Blank or Carriage Return Line Feed 2Enter blanks or carriage return line feed (CR/LF) characters. Transmitter “T” Record Layout Record TypeTax YearTransmitter’s TIN Transmitter’s Name Transmitter’s Address City 1 2–5 6–14 15–5455–9495–114 State CodeProvince CodeCountry CodePostal or ZIP Code Contact Name Contact Telephone Number 115–116 117–118119–120121–129130–169170–189 September 24, 20123992012–39 I.R.B. TCCTest IndicatorPrior Year Indicator ReservedRecord Sequence Number Blank or Carriage Return Line Feed 190–194 195–198 199200–810811–818819–820 Sec. 4. Withholding Agent “W” Record .01The “W” Record identifies the Withholding Agent. .02Enter a “W” Record after the initial “T” Record on the file, followed by the Recipient “Q” Record(s), and a Reconciliation “C” Record. Do not report for a withholding agent if there are no corresponding Recipient “Q” Records. .03Several “W” Records for different Withholding Agents may appear on the same Transmitter’s file. .04Each “W” Record is a fixed length of 820 positions. .05All alpha characters entered in the “W” Record must be uppercase. Note 1:For all fields marked“Required,”the transmitter must provide the information described under Description and Remarks. If required fields are not completed in accordance with this Revenue Procedure, the file may not process correctly. For those fields not marked“Required,”a transmitter must allow for the field, but may be instructed to enter blanks or zeros in the indicated field position(s) and for the indicated length. Note 2:A copy of theInstructions for Form 1042-Sis included at the end of this publication. These instructions must be used for the proper coding of each field in this record, where applicable. The list of country codes in the instructions includes all recognized country codes and must be used for coding. The instructions are updated each year as required. Publication 1187 may not be revised every year. Be sure to use the most currentInstructions for Form 1042-Swhen coding files. Note 3:The only valid characters for electronic filing are alpha, numeric, blank, ampersand (&), hyphen (-), comma (,), apostrophe (’), forward slash (/), pound sign (#), period (.), and the percent (%). The percent [% (used as“in care of”)] is valid in the first position only. Do not use special characters that are unique to a language other than English. Inclusion of any characters other than those identified as valid in the instructions will result in a “Bad File” status. Record Name: Withholding Agent “W” Record Field Position Field TitleLengthDescription and Remarks 1Record Type1 Required.Enter“W.” 2Return Type Indicator1 Required.Enter the one position value below to identify whether the record is Original or Amended.If submitting a replacement file, use the same indicator as the file being replaced (for example, if replacing an amended file the indicator would be 1). Do not enter a blank or alpha character. Acceptable Values are: 0(Zero)=Original 1= Amended 3Pro Rata Basis Reporting1 Required.Enter the one position value below to identify if reporting on a Pro Rata Basis. Acceptable Values are: Acceptable Values are: 0(Zero)=NotProRata 1=Pro Rata Basis Reporting 2012–39 I.R.B.400September 24, 2012 Record Name: Withholding Agent “W” Record Field Position Field TitleLengthDescription and Remarks 4–12Withholding Agent’s EIN9 Required.Enter the nine-digit Employer Identification Number of the Withholding Agent. Do not enter blanks, hyphens or alpha characters. An EIN consisting of all the same digits (for example, 111111111) is not acceptable. Do not enter the recipient’s TIN in this field. Note:See theInstructions for Form 1042-Sto determine when a Qualified Intermediary, Withholding Foreign Partnership, or Withholding Foreign Trust must provide itsQI-EIN, WP-EIN or WT-EIN in this field. 13Withholding Agent’s EIN Indicator 1 Required.Enter the Withholding Agent’s EIN indicator from the following values: 0= EIN 1=QI-EIN, WP-EIN, WT-EIN 2= NQI-EIN Note:Use EIN indicator 1 only if the Withholding Agent’s EIN begins with “98” A NDthe Withholding Agent, Withholding Trust, or Withholding Partnership has entered into a withholding agreement with the IRS. 14–53 Withholding Agent’s Name Line-1 40 Required.Enter the Withholding Agent’s Name as established when filing for the EIN or QI-EIN which appears in positions 4–12 of the “W” Record. Left-justify the information and fill unused positions with blanks. Note:Do not use special characters in names or addresses that areunique to a language other than English. For example: å = A, æ = A,ű=U,Ǿ=O,ň=N,etc. 54–93 Withholding Agent’s Name Line-2 40Enter supplementary withholding agent’s name information; other- wise, enter blanks. Use this linefor additional names (for example, partners or joint owners), for trade names, stage names, aliases, or titles. Also use this line for “in care of” or “via.” Left-justify the in- formation and fill unused positions with blanks. SeeNote 3at the beginning of the “W” Record. 94–133Withholding Agent’s Name Line-3 40See the description for Withholding Agent’s Name Line-2. 134–173 Withholding Agent’s Street Line-1 40 Required.Enter the mailing address of the withholding agent. The street address should include the number, street, and apartment or suite number (or P.O. Box if mail is not delivered to a street address). Abbreviate as needed. Left-justify the information and fill unused positions with blanks. 174–213 Withholding Agent’s Street Line-2 40Enter supplementary withholding agent street address information. Otherwise, enter blanks. 214–253 Withholding Agent’s City40 Required.Enter the city or town (or other locality name). Enter APO or FPO only if applicable. Do not enter a foreign postal code in the city field. Left-justify the information and fill unused positions with blanks. 254–255 Withholding Agent’s State Code 2 Required if Withholding Agent has a U.S. address.Enter the valid U.S. Postal Service state code. If not using a U.S. state, territory, or APO/FPO identifiers, enterblanks. Do not use any of the two character Country Codes in the State Code Field. Note:If the withholding agent has a U.S. address, leave the country code in positions 258–259 blank. September 24, 20124012012–39 I.R.B. Record Name: Withholding Agent “W” Record Field Position Field TitleLengthDescription and Remarks 256–257 Withholding Agent’s Province Code 2 Required if Foreign Country Code is “CA” (Canada).Enter only the two-alpha character ProvinceCode as shown in the Province Code Table. See the “T” record positions 117–118 for the Province Code Table. Do not spell out the Province Name. If the foreign country is other than Canada, enter blanks. 258–259 Withholding Agent’s Country Code 2 Required if QI or NQI or other foreign withholding agent.Enter only the two-alpha Country Code from the Country Code Table. Do not spell out the Country Name. Note:COUNTRY CODES: The list of country codes provided in the currentInstructions for Form 1042-Sincludes all internationally recognized country codesand MUST be used to ensure the proper coding of the Country Code field. This list is updated each year as required. Do not enter U.S. in the Country Code field. 260–268 Postal or ZIP Code9 Required.Enter up to nine numeric characters for all U.S. addresses (including territories, possessions, and APO/FPO). For foreign addresses enter the alphanumeric foreign postal code, if applicable. Left-justify the information and fill unused positions with blanks. 269–272 Tax Year4 Required.Enter the four-digit current tax year, unless a “P” was en- tered in the Prior Year Indicator Field of the “T” Record. All recipient “Q” Records must be a report of payments for one year only. Differ- ent tax years may not appear on the same file. 273–317 Withholding Agent Contact Name 45Required.Enter the name of the person the IRS can contact if ques- tions arise concerning this filing. Left-justify the information and fill unused positions with blanks. 318–362 Withholding Agent’s Department Title 45Required.Enter the title of the contact person or the department that can answer inquiries concerning thisfiling. Left-justify the informa- tion and fill unused positions with blanks. 363–382 Contact Telephone Number and Extension 20 Required.Enter the telephone number of a person to contact re- garding electronic files. Omit hyphens. If no extension is available, left-justify the information and fill unused positions with blanks. If foreign, provide the appropriate code(s) for international calls. 383Final Return Indicator1 Required.Enter the one position value below to indicate whether Forms 1042-S will be filed in the future. 0 (Zero)=will be filing 1=will not be filing 384–809 Reserved426Enter blanks. 810Amended Return Indicator1Required for amended returns only. Enter the appropriate code: CodeDefinition GA one-step transaction amended return or the first of a two-step transaction amended return CThe second transaction of a two-step transaction amended return BlankIf this is not a return being submitted to amend in- formation already processed by IRS Note:Amended C and G coded records must be reported using separate Payer “W” Records. Refer to Part A, Sec. 9, for specific instructions on how to file amended returns. Non-coded records cannot be submittedinanAmendedfile. 2012–39 I.R.B.402September 24, 2012 Record Name: Withholding Agent “W” Record Field Position Field TitleLengthDescription and Remarks 811–818 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequencenumber for the “T” Record will always be “1” (one), since it is the first record on the file and there can be only one “T” Record in a file. Each record, thereafter, must be incremental by one in ascending numerical sequence, that is, 2, 3, 4, etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “W” Record would be “00000002,” the first “Q” Record, “00000003,” the second “Q” Record, “00000004,” and so on until the final record of the file, the “F” Record. 819–820 Blank or Carriage Return Line Feed 2Enter blanks or carriage return line feed (CR/LF) characters. Withholding Agent “W” Record Layout Record Type Return Type Indicator Pro Rata Basis Reporting Withholding Agent’s EIN Withholding Agent’s EIN Indicator Withholding Agent’s Name Line-1 Withholding Agent’s Name Line-2 1234–1213 14–5354–93 Withholding Agent’s Name Line-3 Withholding Agent’s Street Line-1 Withholding Agent’s Street Line-2 Withholding Agent’s City Withholding Agent’s State Code Withholding Agent’s Province Code Withholding Agent’s Country Code 94–133134–173174–213 214–253254–255256–257258–259 Postal or ZIP Code Tax YearWithholding Agent Contact Name Withholding Agent’s Department Title Contact Telephone Number and Extension Final Return Indicator Reserved 260–268269–272273–317318–362363–382383384–809 Amended Return Indicator Record Sequence Number Blank or Carriage Return Line Feed 810811–818819–820 Sec. 5. Recipient “Q” Record .01The “Q” Record contains name and address information for the Recipient of Income, Non-Qualified Intermediary or Flow- Through Entity, Payer, and all data concerning the income paid and tax withheld that is required to be reported under U.S. law. Each Recipient “Q” Record is treated asif it were a separate Form 1042-S. .02The “Q” Record is restricted to one type of income, one type of exemption code, and one tax rate. Under certain circumstances, it may be necessary to submit more than one “Q”Record for the same recipient. Failure to provide multiple Recipient “Q” Records September 24, 20124032012–39 I.R.B. when necessary may generate math computation errors during processing. This will resultin IRS contacting you for correct informa- tion. .03Following are some of the circumstances when more than one “Q” Record for a recipient would be required: (a)Different types of income. For example, Recipient X derived income from Capital Gains (Income Code 09) and Industrial Royalties (Income Code 10). A separate “Q” Record must bereported for each Income Code. Each “Q” Record must reflect the Gross Income Paid and any U.S. Federal Tax withheld bythe withholding agent(s) pertaining to that Income Code. (b)Change in Country Code during the year. For example, the Withholding Agent received notification by Form W–8BEN that the recipient’s country of residence for tax purposes changed from country X to country Y. A separate “Q” Record must be reported for each Country Code providing Gross Income Paid,Tax Rate, any U.S. Federal Tax Withheld by the withholding agent(s), and Exemption Code, if any. The amounts reported must be based on each country. (c)Change in a country’s tax treaty rate during the year. For example, effective April 1, country X changes its tax treaty rate from ten percent to twenty percent. A separate “Q” Record must be reported for each of the tax rates. Provide the Gross Income Paid, Tax Rate, and any U.S. Federal Tax Withheld by the withholding agent(s) under each tax rate. .04All recipient “Q” Records for a particular Withholding Agent must be written after the corresponding Withholding Agent “W” Record, followed by a Reconciliation“C” Record, and before the “W” Record for another Withholding Agent begins. .05All alpha characters entered inthe “Q” Record must be upper case. .06The “Q” Record is a fixed length of 820 positions. .07Report income and tax withheld in whole dollars only. Round up or down as appropriate. To round off amounts to the nearest whole dollar, drop amounts under 50 cents and increase amounts of 50 to 99 cents to the next whole dollar. If there are two or more amounts to add together, figure the amount to be reported by including cents when adding and only round off the total figure to be reported. Do not enter cents. Note 1:For all fields marked “Required,” the transmitter must provide the information described under Description and Remarks. If required fields are not completed in accordance with this Revenue Procedure, the file will not process correctly. IRS will contact the filer to request a replacement file. For those fields not marked “Required,”atransmittermustallowforthefield,butmaybe instructed to enter blanks or zeros in the indicated field position(s) and for the indicated length. Note 2:A copy of theInstructions for Form 1042-Sis included at the end of this publication. These instructions must be used for the proper coding of each field in this record where applicable. Thelist of country codes in the instructions includes all recognized country codes and must be used for coding. The instructions are updated each year as required. Publication 1187 may not be revised every year. Be sure to use the most currentInstructions for Form 1042-Sfor coding files. Note 3:The only valid characters for electronic filing are alpha, numeric, blank, ampersand (&), hyphen (-), comma (,), apostrophe (’), forward slash (/), pound sign (#), period (.), and the percent (%). The percent [% (used as“in care of”)] is valid in the first position only. Do not use special characters that are unique to a language other than English. Inclusion of any characters other than those identified as valid in the instructions will result in a “Bad File” status. Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks 1Record Type1 Required.Enter“Q.” 2Return Type Indicator 1 Required.Enter the one position value below to identify whether the record is Original or Amended. If submitting a replacement file, use the same indicator as the file being replaced (for example, if replacing an amended file, the indicatorwould be 1). This must be the same value as in the “W” Record. Values are: 0 (Zero) = Original 1 = Amended 3ProRata Basis Reporting 1 Required.Enter the one position value below to identify whether reporting on a Pro Rata Basis. This must be the same value as in the “W” Record. Values are: 0 (Zero) = Not Pro Rata 1 = Pro Rata Basis Reporting 4–5 Income Code2 Required.Enter the two-position value EXACTLY as it appears from the income code table. The Income Code must accurately reflect the type of income paid. Do not enter blanks or 00 (zeros). 2012–39 I.R.B.404September 24, 2012 Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks Note:Refer to theInstructions for Form 1042-Sfor more information. 6–17Gross Income 12 Required.Enter the gross income amount in whole dollars only, rounding to the nearest dollar (do not enter cents). For example, report $600.75 as 000000000601. An income amount of zero cannot be shown. Only amended returns can report zero amounts. Numeric characters only, right-justify information and fill unused positions with zeros. Note:Do not report negative amounts in any amount field. 18–29Withholding Allowance 12 Used with Income Codes 15, 16, 17, 18, 19, 42, or 43 only.Enter the withholding allowance amount in whole dollars only, rounding to the nearest dollar (do not enter cents). Numeric characters only, right-justify the information and fill unused positions with zeros. If this field is not used enter blanks. 30–41Net Income12 Required if a Dollar Amount is Entered in the Withholding Allowance Field.Enter the net income in whole dollars only, rounding to the nearest dollar (do not enter cents). An amount other than zeromustbe shown. Numeric characters only, right-justify the information and fill unused positions with zeros. If this field is not utilized, enter blanks. 42–45 Tax rate4 Required.Enter the correct Tax Rate applicable to the income in the gross income field or net income field, as appropriate. Enter the Tax Rate as a two-digit whole number and two-digit decimal (for example, enter 27.50% as 2750, 15% as 1500 or 7% as 0700). SeeNotebelow. Note:The correct Tax Rate must be entered, even if withholding was at a lesser rate. See the currentInstructions for Form 1042-S. 46–47Exemption Code 2 Required. Read Carefully. • If the tax rate entered is 0%, enter the appropriate exemption code “01” through “10” from theInstructions for Form 1042-S. • If the tax rate entered is 1% through 30%, enter “00.” • If the tax rate entered is greater than 30%, blank fill. Do not enter “00.” See the currentInstructions for Form 1042-Sfor circumstances under which Exemption Code “99” must be used. Note:If an incorrect amount of tax was withheld, report the amount that was actually withheld and use the correct tax rate in field positions 42–45. 48–49Recipient’s Country of Residence Code for Tax Purposes 2 Required.Enter the two-character Country Code for which the recipient is a resident for tax purposes and on which the tax treaty benefits are based, whether applying a tax treaty benefit to this payment or not. The rate of tax withheld is determined by this code. Note:Do not enter U.S. in the Country Code field. Enter “OC” (other country) onlywhen the country of residence does not appear on the list or the payment is made to an international organization. If making a payment to a QI or QI withholding rate pool, enter the country code of the QI. 50–59 Reserved10Enter blanks. 60–71Amount Repaid 12This field should be completed only if: a recipient was repaid an amount that was over-withheld and the withholding agent is going to be reimbursed by reducing, by the amount of tax actually repaid, the amount of any deposit made for a payment period in the calendar year following the calendar year of withholding. Otherwise, enter zeros. 72–91Recipient Account Number 20Enter the account number assigned by the withholding agent to the recipient. Do not enter the recipient’s U.S. or foreign TIN.If an account number is not assigned, enter blanks. This field may contain numeric characters, alpha characters, blanks, or hyphens. Left-justify the information and fill unused positions with blanks. 92–93Recipient Code 2 Required.Enter the appropriate Recipient Code. Refer to the list of appropriate codes in the current paper Instructions for Form 1042-S. No other codes or values are valid. September 24, 20124052012–39 I.R.B. Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks Note:If recipient code “20” is used, the Recipient’s Name Line–1 must be “UNKNOWN” or “UNKNOWN RECIPIENT” and the Recipient’s Name Lines 2 and 3 must be BLANK. The tax rate must be 30%. 94–133Recipient’s Name Line–1 40 Required.Provide the complete name of the recipient. If the recipient has a U.S. TIN, enter the name as established when applying for the TIN. If recipient code “20” is used, enter “UNKNOWN” or “UNKNOWN RECIPIENT.” Recipient’s Name Lines 2 and 3 must be blank. See theInstructions for Form 1042–Sfor specific information about “UNKNOWN RECIPIENTs” and “WITHHOLDING RATE POOLs” SeeNote 3at the beginning of the “Q” Record Note 1:A Non-Qualified Intermediary (NQI)can NEVER be entered as the recipient. Note 2:Do not use special characters in names oraddresses that are unique to a language other than English. For example: å = A, æ = A, u = U,Ǿ=O,ň=N,etc. 134–173 Recipient’s Name Line–2 40Enter supplementary recipient name information including titles; otherwise, enter blanks. Use this line for additional names (for example,partners or joint owners), for trade names, stage names, aliases or titles. Also use thisline for “in care of,” “Attn,” or “via”. See Note 3at the beginning of the “Q” Record. 174–213 Recipient’s Name Line–3 40See the description for Recipient’s Name Line–2. 214–253 Recipient’s Street Line–1 40 Required.Enter the mailing address of the recipient. The street address should include the number, street, apartment, or suite number (or P.O. Box if mail is not delivered to a street address). Abbreviate as needed. Left-justify the information and fill unused positions with blanks. SeeNote 3at the beginning of the “Q” Record. 254–293 Recipient’s Street Line–2 40Enter supplementary recipient street address information.If a P.O. Box is used in addition to a street address, enter it here. Left-justify the information and fill unused positions with blanks. 294–333 Recipient’s City 40 Required.Enter the city or town (or other locality name). Enter the APO or FPO only, if applicable. Do not enter a foreign postal code in the city field. Left-justify the information and fill unused positions with blanks. 334–335 Recipient’s State 2 Required if U.S. address.Enter the two-character State Code abbreviation. If no U.S. state, territory, or APO/FPO identifier is applicable, enter blanks. Do not use any of the two character Country Codes in the State Code Field. Note:If the recipient has a U.S. address, leave the province codein positions 336–337 and country code in positions 338–339 blank. 336–337 Recipient’s Province Code 2 Required if the Recipient CountryCode in positions 338–339 is “CA.”Enter only the two-alpha character Province Code as shown in the Province Code Table below. Do not spell out the Province Name. If the foreign country is other than Canada, enter blanks. Province CodeProvinceProvince CodeProvince ABAlbertaNUNunavut BCBritish ColumbiaONOntario MBManitobaPEPrince Edward Island NBNew BrunswickQCQuebec NLNewfoundland & Labrador SKSaskatchewan NSNova ScotiaYTYukon Territory NTNorthwest Territories 338–339 Recipient’s Country Code 2 Required if the recipient has a foreign address.Enter the two-character Country Code abbreviation. See theInstructions for Form 1042-Sfor the appropriate codes. Note 1:If the state code is entered in positions 334–335, leave this field blank. 2012–39 I.R.B.406September 24, 2012 Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks Note 2:COUNTRY CODES: The list of country codes provided in the currentInstructions for Form 1042-Sincludes all internationally recognized country codes and must be used to ensure the proper coding of the Country Code field. This list is updated each year as required. If making a payment to a QI, enter the country code of the QI. Note 3:Enter “UC” (unknown country) onlyif the payment is to an unknown recipient. 340–348 Postal or ZIP Code 9 Required.Enter up to nine numeric characters for all U.S. addresses (including territories, possessions, and APO/FPO). For foreign addresses enter the alphanumeric foreign postal code, if applicable. Left justify the information and fill unused positions with blanks. 349–357 Recipient’s U.S. TIN 9Enter the recipient’s nine-digit U.S. Taxpayer Identification Number (TIN). Do not enter hy- phens, alpha characters, or TINS consistingof all the same digits (for example, 111111111 or 999999999) as these are not valid TINs. If a TIN is not required under regulations, or is required but has not been provided by the recipient, enter blanks. Note:U.S. TINs are now required for most recipients. See theInstructions for Form 1042-S. 358 Recipient’s U.S. TIN Type 1 Required.Enter the recipient’s U.S. TIN type indicator from the following values: •0=NoTINrequired •1=SSN/ITIN •2=EIN • 3 = QI-EIN, WP-EIN, WT-EIN • 4 = TIN required but not provided Note:Use EIN indicator 3 only if the Withholding Agent’s EIN begins with “98” andthe Withholding Agent, Withholding Trust, or Withholding Partnership has entered into a withholding agreement with the IRS. 359–370 U. S. Federal Tax Withheld 12 Required.Enter U.S. Federal tax withheld by the withholding agent. Enter the amount in whole dollars, rounding to the nearest dollar (do not enter cents). For example, report $600.25 as 000000000600. Numeric characters only, right-justify the information and fill unused positions with zeros. If there was no withholding, enter all zeros. 371–382 Withholding By Other Agents 12 Required.For withholding agents reporting Form 1042-S information that has already been subject to withholding by another withholding agent, enter the amount withheld by the other agent. Enter the amount in whole dollars, rounding to the nearest dollar (do not enter cents). For example, report $600.25 as 000000000600. Numeric characters only, right- justify the information and fill unused positions with zeros. If there was no withholding, enter all zeros. Note:If claiming a credit on Form 1042 (line 66) because of withholding by otheragents, attach a copy of the Form 1042-S to Form 1042 to support the credit. For additional guidance, please review theInstructions for Form 1042. 383–394 Total Withholding Credit 12 Required.Enter the aggregate amount of U.S. Federal tax withheld by you and any other withholding agent. Enter the amount in whole dollars, rounding to the nearest dollar (do not enter cents). For example, report $600.25 as 000000000600. Numeric characters only, right-justify the information and fill unused positions with zeros. If there was no withhold- ing, enter all zeros. Note:If the Total Withholding Credit, (aggregate amounts of U.S.Federal Tax Withheld and Withholding By Other Agents) was either under or over reported, see Field Position 761 of the “Q” Record. 395–400 Reserved6Enter blanks. 401–440 NQI/FLW- THR/PTP Name Line–1 40Provide the complete name of the NQI/FLW-THR or PTP Entity. It is very important that the complete name of the NQI/FLW-THR or PTP entity be provided. Left-justify the in- formation and fill unused positions with blanks. See Note 3 at the beginning of the “Q” Record. Note 1:A nominee that is the withholding agent under Code Section 1446 must enter the Publicly Traded Partnership’s (PTP) name and other information in the NQI/FLW-THR fields; positions 401–666. September 24, 20124072012–39 I.R.B. Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks Note 2:All NQI/FLW-THR fields are REQUIRED if the NQI/FLW-THR entity is involved in the payment structure, EXCEPT FOR THE NQI/FLW-THR TIN. 441–480 NQI/FLW- THR/PTP Name Line–2 40Enter supplementary information; otherwise, enter blanks. Use this line for additional names (for example, partners or joint owners), for trade names, stage names, aliases, or titles. Also use this line for “in care of” or “via”. SeeNote 3at the beginning of the “Q” Record. 481–520 NQI/FLW- THR/PTP Name Line–3 40See the description for NQI/FLW-THR/PTP Name Line–2. 521–522 Reserved2Enter blanks. 523–562 NQI/FLW- THR/PTP Street Line–1 40Enter the mailing address of the NQI/FLW-THR or PTP entity. The street address should include the number, street, apartment, or suitenumber (or P.O. Box if mail is not delivered to street address). Abbreviate as needed. Left-justify the information and fill unused positions with blanks. 563–602 NQI/FLW- THR/PTP Street Line–2 40Enter supplementary NQI/FLW-THR or PTP entity street address information; otherwise, enter blanks. 603–642 NQI/FLW- THR/PTP City 40Enter the city or town (or other locality name). Left-justify the information and fill unused positions with blanks. 643–644 NQI/FLW- THR/PTP State Code 2Enter the two-alpha character state code (see table Part A, Sec. 14). If a state code or APO/FPO is not applicable, enter blanks. 645–646 NQI/FLW- THR/PTP Province Code 2Enter the two-alpha character Province Codeabbreviation, if applicable. See “T” Record positions 117–118. 647–648 NQI/FLW- THR/PTP Country Code 2Enter the two-character Country Code abbreviation, where the NQI/FLW-THR or PTP is located. If the NQI/FLW-THR or PTP has a U.S. address, enter blanks. 649–657 NQI/FLW- THR/PTP Postal Code or ZIP Code 9Enter the alphanumeric foreign postal codeor U.S. ZIP Code for all U.S. addresses includ- ing territories, possessions, and APO/FPO. Enter the code in the left most position and blank fill the remaining positions. 658–666 NQI/FLW- THR/PTP U.S. TIN 9Enter the NQI/FLW-THR or PTP nine-digit U.S. Taxpayer Identification Number (TIN), if any. Do not enter hyphens or alpha characters. 667–706 Payer’s Name 40Enter the name of the Payer of Income if different from the Withholding Agent. Abbreviate as needed. If the Withholding Agent and Payer are the same, enter blanks. 707–715 Payer’s U.S. TIN 9Enter the Payer’s U.S. Taxpayer Identification Number if there is an entry in the Payer Name Field; otherwise, enter blanks. 716–727 State Income Tax Withheld 12If State Tax has been withheld, enter thatamount in whole dollars (do not enter cents). Right-justify the information and fill unused positions with zeros. If this field is not utilized, enter zeros. Note:This amount is not included in the U.S. Federal Tax fields. 2012–39 I.R.B.408September 24, 2012 Record Name: Recipient “Q” Record Field Positions Field TitleLength Description and Remarks 728–737 Payer’s State Tax Number 10Enter the employer state I.D. number if assigned by the state. Left-justify the information and fill unused positions with blanks. 738–739 Payer’s State Code 2Enter the two-characterState Code abbreviation. 740–760 Special Data Entries 21This field may be used for the filer’s own purposes. If this field is not utilized, enter blanks. 761U.S. Federal Tax Withheld Indicator 1 Required.Indicate if the U.S. Federal tax withheldwas correct or incorrect using the fol- lowing values: • 0 = Correctly reported • 1 = Over withheld • 2 = Under withheld Note : Please refer to Total withholding Credit positions 383–394. 762–783 Recipient’s Foreign Tax I.D. Number 22Enter the recipient’s identifying number. Useonly characters listed in Note 3. Left-justify the information and fill unused positions with blanks. 784–809 Reserved26Enter blanks. 810Amended Return Indicator 1Required for amended returns only. Enter the appropriate code: CodeDefinition GA one-step transaction amended return or the first of a two-step transaction amended return CThe second transaction of a two-step transaction amended return BlankIf this is not a return being submitted to amend information already processed by IRS Note:Amended C and G coded records must be reported using separate Payer “W” Records. Refer to Part A, Sec. 9, for specific instructions on how to file amended returns. Non-coded records cannot be submitted in Amended files. 811–818 Record Sequence Number 8 Required.Enter the number of the record as it appears within the file. The record sequence number for the “T” Record will always be “1” (one), since it is the first record on the file and there can only be one “T” Record in a file. Eachrecord, thereafter, must be incremental by one in ascending numerical sequence, thatis, 2, 3, 4, etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “W” Record would be “00000002,” the first “Q” Record, “00000003,” the second “Q” Record, “00000004,” and so on until the final record of the file, the “F” Record. 819–820 Blank or Carriage Return Line Feed 2Enter blanks or carriage return line feed (CR/LF) characters. September 24, 20124092012–39 I.R.B. Recipient “Q” Record Layout Record Type Return type Indicator Pro rata Basis Reporting Income Code Gross Income Withholding Allowance Net Income 123 4–5 6–1718–2930–41 Tax RateExemption Code Recipient’s Country of Residence Code for Tax Purposes ReservedAmount Repaid Recipient Account Number Recipient Code 42–45 46–4748–49 50–59 60–7172–9192–93 Recipient’s Name Line–1 Recipient’s Name Line–2 Recipient’s Name Line–3 Recipient’s Street Line–1 Recipient’s Street Line–2 Recipient’s City Recipient’s State 94–133134–173174–213 214–253254–293 294–333 334–335 Recipient’s Province Code Recipient’s Country Code Postal or ZIP Code Recipient’s U.S. TIN Recipient’s U.S. TIN Type U.S. Federal Tax Withheld Withholding By Other Agents 336–337338–339340–348 349–357358359–370 371–382 Total Withholding Credit ReservedNQI/FLW- THR/PTP Name Line–1 NQI/FLW- THR/PTP Name Line–2 NQI/FLW- THR/PTP Name Line–3 ReservedNQI/FLW- THR/PTP Street Line–1 383–394 395–400 401–440441–480 481–520521–522523–562 NQI/FLW- THR/PTP Street Line–2 NQI/FLW- THR/PTP City NQI/FLW- THR/PTP State Code NQI/FLW- THR/PTP Province Code NQI/FLW- THR/PTP Country Code NQI/FLW- THR/PTP Postal Code or ZIP Code NQI/FLW- THR/PTP U.S. TIN 563–602 603–642643–644 645–646 647–648 649–657658–666 Payer’s Name Payer’s U.S. TIN State Income Tax Withheld Payer’s State Tax Number Payer’s State Code Special Data Entries U.S. Tax Federal Withheld Indicator 667–706 707–715 716–727728–737738–739740–760761 Recipient’s Foreign Tax I.D. Number ReservedAmended Return Indicator Record Sequence Number Blank or Carriage Return Line Feed 762–783784–809810811–818819–820 2012–39 I.R.B.410September 24, 2012 Sec. 6. Reconciliation “C” Record .01The “C” Record is a fixed record length of 820 positions and all positions listed are required. The “C” Record is a summary of the number of “Q” Records for each Withholding Agent, Gross Amount Paid, and Total Withholding Credit. .02This record will be written after the last “Q” Record filed for a given withholding agent. For each “W” Record and group of “Q” Records on the file, there must be a corresponding “C” Record. .03All alpha characters entered inthe “C” Record must be upper case. Record Name: Reconciliation “C” Record Field Positions Field TitleLength Description and Remarks 1Record Type1 Required.Enter “C.” 2–9Total “Q” records8 Required.Enterthetotalnumberof“Q”Recordsforthis withholding agent. Do not enter all zeros. For example, 53 “Q” Records are entered as 00000053. See Part A, Sec. 4, Filing and Retention Requirements. Right-justify the information and fill unused positions with zeros. 10–15 Blank6Enter blanks. 16–30Total Gross Amount Paid 15Required.Enter the total gross income amount in whole dollars (do not enter cents). For example report $600.00 as 000000000000600. An income amount other than zero must be shown. Right-justify the information and fill unused positions with zeros. 31–45 Total Withholding Credit 15Required.Enter the total aggregate amount of tax withheld by you and any other withholding agent. This is the aggregate total amount from the U.S. Federal Tax Withheld and Withholding By Other Agents fields. Enter the amount in whole dollars (do not enter cents). For example report $600.00 as 000000000000600. Right-justify the information and fill unused positions with zeros. 46–810Reserved 765 Enter blanks. 811–818 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequencenumber for the “T” Record will always be “1” (one), since it is the first record on the file and there can only be one “T” Record in a file. Each record, thereafter, must be incremental by one inascending numerical sequence, that is, 2, 3, 4, etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “W” Record would be “00000002,” the first “Q” Record, “00000003,” the second “Q” Record, “00000004,” and so on until the final record of the file, the “F” Record. 819–820 Blank or Carriage Return Line Feed 2Enter blanks or carriage return line feed (CR/LF) characters. September 24, 20124112012–39 I.R.B. Reconciliation “C” Record Layout Record Type Total “Q” Records BlankTotal Gross Amount Paid Total Withholding Credit ReservedRecord Sequence Number 12–9 10–15 16–30 31–45 46–810811–818 Blank or Carriage Return Line Feed 819–820 Sec. 7. End of Transmission “F” Record .01The “F” Record is a fixed record length of 820 positions and allpositions listed are required. The “F” Record is a summary of the number of withholding agents in the entire file. .02This record will be written after the last “C” Record of the entire file. End the file with an End of Transmission “F” Record. No data will be read after the “F” Record. Only a “C” Record may precede the “F” Record. .03All alpha characters entered in the “F” Record must be upper case. Record Name: End of Transmission “F” Record Field Positions Field Title Length Description and Remarks 1Record Type1 Required.Enter “F.” 2–4Withholding Agent Count3 Required.Enter the total number of withholding agents on this file. This count must be the same as the total number of “W” Records. Right-justify the information and fill unused positions with zeros. 5–810 Reserved806Enter blanks. 811–818 Record Sequence Number8 Required.Enter the number of the record as it appears within the file. The record sequencenumber for the “T” Record will always be “1” (one), since it is the first record on the file and there can only be one “T” Record in a file. Each record, thereafter, must be incremental by one inascending numerical sequence, that is, 2, 3, 4, etc. Right-justify numbers with leading zeros in the field. For example, the “T” Record sequence number would appear as “00000001” in the field, the first “W” Record would be “00000002,” the first “Q” Record, “00000003,” the second “Q” Record, “00000004,” and so on until the final record of the file, the “F” Record. 819–820 Blank or Carriage Return Line Feed 2Enter blanks or carriage return line feed (CR/LF) characters. End of Transmission “F” Record Layout Record Type Withholding Agent Count ReservedRecord Sequence Number Blank or Carriage Return Line Feed 12–4 5–810 811–818819–820 2012–39 I.R.B.412September 24, 2012 Part D. Extensions of Time and Waivers Sec. 1. General - Extensions .01Withholding agents can get an automatic 30-day extension of time to file by completing Form 8809,Application for Extension of Time to File Information Returns. In addition, a request for an extension of time can be submitted in an electronic file or online through the Filing Information Returns Electronically (FIRE) system. Note:IRS encourages the withholding agent/transmitter communityto use the online fill-in form in lieu of the paper Form 8809. A transmitter control code (TCC) is not required to use the online fill-in form option. .02To complete the fill-in Form 8809 online on the FIRE system, (See Part B, Sec. 7, for instructions on connecting to the FIRE system.) at the Main Menu, click “Extension of Time Request” andthenclick“Fill-inExtensionForm.”Thisoptionisonlyusedto request an automatic 30-day extension. Extension requests completed online through the FIRE system receive an instant response if completed properly and timely. .03A paper Form 8809 may be submitted to IRS at the address listed in .08 of this section. This form may be used to request an extension of time to file information returns submitted on paper or filed electronically. A separate form must be completed for each withholding agent. Form 8809 may be computer generated or photocopied. Be sure to use the most recently updated version and include all the pertinent information. .04To be considered, an extension request must be postmarked, transmitted or completed online by the due date of the returns; otherwise, the request will be denied. (See Part A, Sec. 7, for duedates.) If requesting an extension of time to file several types of forms, use one Form 8809; however, Form 8809 or an extension file must be submitted no later than the earliest due date. For example, if requesting an extension of time to file both Forms 1099-INT and 1042-S, submit Form 8809 on or before February 28 (or March 15 if filing the returns electronically). A signature and a reason for the request are not required when requesting an automatic 30-day extension. .05As soon as it is apparent that a 30-day extension of time to fileis needed, an extension request should be submitted. Request an extension for the current tax year only. IRS does not begin processingextensionrequestsuntilJanuary.Itmaytakeupto30days for IRS to respond to a paper extension request. Extensions completed online through the FIRE system receive instant results. .06Under certain circumstances, a request for an extension of time may be denied. When a denial letter is received, any additional or necessary information must be resubmitted within twenty days of the date of the letter. .07Requesting an extension of time for multiple withholding agentsshould be done by completing the online fill-in form or in an electronic file (see Sect. 3 for the record layout) through the FIRE system. A separate Form 8809 must be completed online for each withholding agent when using the fill-in form option. .08All requests for an extension of time filed on paper Forms 8809 must be sent using the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 Note:Due to the large volume of mail received by IRS and the time factor involved in processing Extension of Time (EOT) requests, it is imperative that the attention line be present on all envelopes or packages containing Form 8809. .09Requests for extensions of time to file postmarked by the United States Postal Service on or before the due date of the returns, and delivered by United States mail to IRS after the due date, are treated as timely under the “timely mailing as timely filing” rule. A similar rule applies to designated private delivery services (PDSs). Notice 97–26, 1997–17 I.R.B. 6, provides rules for determining the date that is treated as the postmark date.For items delivered by a non-designated Private Delivery Service (PDS), the actual date of receipt by IRS will be used as the filing date. For items delivered by a designated PDS, but through a type of service not designated in Notice 2004–83, 2004–52 I.R.B.1030 the actual date of receipt by IRS will be used as the filing date. The timely mailing rule also applies to furnishing statements to recipients and participants. .10Transmitters requesting an extension of time with an electronic file will receive the file status results online. If the extension requests are denied, the transmitters will receive a denial letter accompanied by a listof withholding agents covered under that denial. .11If an extension request is approved, the approval notification should be kept on file. Do not send the approval notification or copy of the approval notification to IRS or to the service center where the paper returns are filed. (An exception to this rule is: When filing Form 8027 on paper only, attach a copy of the approval letter. If an approval letter has not been received, attach a copy of the timely filed Form 8809.) .12If an additional extension of time is needed, a Form 8809 and/orextension file must be sent by the initial extended due date. Check the box on the form to indicate that an additional extension is being requested. Failure to properly complete and sign Form September 24, 20124132012–39 I.R.B. 8809 may cause delays in processing the request or result in a denial. Carefully read and follow the instructions on the back of Form 8809. Be sure to include the reason an additional extension is needed. If requesting a second 30-day extension of time, submit the information return files as soonas prepared. Do not wait for the IRS response to your second extension request. Requests for an additional extension of time to file information returns are not automatically granted. Requests for additional time are granted only in cases of extreme hardship or catastrophic event. The IRS will send a letter of explanation approving or denying requests for an additional extension of time. (Refer to .11 of this Section.) Sec. 2. Specifications for Filing Extensions of Time Electronically .01The specifications in Sec. 3 include the required 200-byte record layout for extensions of time to file requests submitted elec- tronically. The instructions for the information that is to be entered in the record are also included. Filers are advised to read this section in its entirety to ensure proper filing. .02If a filer does not have a Transmitter Control Code (TCC), Form 4419,Application for Filing Information Returns Electronically (FIRE), must be submitted to obtain a TCC. This number must be used to submit extension requests in an electronic file. (See Part A, Sec. 6.) .03If requesting an additional extension of time, a Form 8809 must be faxed to IRB the same day as the transmission. Be sure to include a signature and the reason anadditional extension is needed. .04Do not submit tax year2012extension requests filed electronically beforeJanuary 4, 2013. Sec. 3. Record Layout - Extension of Time .01Positions 6 through 188 of the following record should contain informat ion about the withholding agent for whom the extension of time to file is being requested. Do not enter transmitter information i n these fields. Only one TCC may be present in a file. Record Layout for Extension of Time Field PositionField TitleLength Description and Remarks 1–5 Transmitter Control Code 5Required. Enter the five-character alphanumeric Transmitter Control Code (TCC) issued by IRS. Only one TCC per file is acceptable. 6–14Withholding Agent TIN 9 Required. Enter the valid nine-digit EIN/SSN assigned to the withholding agent. Do not enter blanks, hyphens or alpha characters. All zeros, ones, twos, etc., will have the effect of an incorrectTIN. For foreign entities that are not required to have a TIN, this field may be blank; however, the Foreign Entity Indicator in position 187 must be set to “X.” 15–54 Withholding Agent Name 40 Required. Enter the name of the withholding agent whose TIN appears in positions 6–14. Left-justify the information and fill unused positions with blanks. 55–94 Second Withholding Agent Name 40 Required.If additional space is needed, thisfieldmaybeusedtocontinuename line information (for example, c/o First National Bank); otherwise, enter blanks. 95–134 Withholding Agent Address 40 Required. Enter the withholding agent’s address. The street address should include the number, street, apartment, or suite number (or P.O. box if mail is not delivered to a street address) 135–174 Withholding Agent City 40 Required. Enter the withholding agent’s city, town, or post office. 175–176 Withholding Agent State 2 Required.Enter the withholding agent’s valid U.S. Postal Service state abbreviation. (Refer to Part A, Sec. 14.) 177–185 Withholding Agent ZIP Code 9 Required. Enter the withholding agent’s ZIP Code. If using a five-digit ZIP Code, left-justify the information and fill unused positions with blanks. 186Document Indicator (SeeNotebelow.) 1 Required.Enter“4.” Note:Do not enter any other values in this field. Submit a separate record for each document. For example, when requesting an extension for Form 1099-INT and Form 1042-S for the same withholding agent, submit one record with “2” coded in this field and another record with “4” coded in this field. When requesting an extension for Form 1099-DIV and Form 1099-MISC for the same withholding agent, submit one record with “2” coded in this field. 2012–39 I.R.B.414September 24, 2012 Record Layout for Extension of Time Field PositionField TitleLength Description and Remarks 187Foreign Entity Indicator 1Enter “X” if the withholding agent is a foreign entity. 188Recipient Request Indicator (SeeNote below.) 1Enter “X” if the extension request is to furnish statements to the recipients of the information returns. Note:A separate file is required for this type of extension request. A file must contain either all blanks or all Xs in this field. 189–198Blank10Enter blanks. 199–200Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Extension of Time Record Layout Transmitter Control Code Withholding Agent TIN Withholding Agent Name Second Withholding Agent Name Withholding Agent Address Withholding Agent City 1–5 6–14 15–5455–9495–134135–174 Withholding Agent State Withholding Agent Zip Code Document Indicator Foreign Entity Indicator Foreign Entity Indicator Blank 175–176177–185 186187188189–198 Blank or CR/LF 199–200 Sec. 4. Extension of Time for Recipient Copies of Information Returns .01Request an extension of time to furnish the statements to recipients of Forms 1042-S by submitting a letter to IRS at the address listed in Part D, Sec.1.08. The letter should contain the following information: (a)Withholding agent name (b)TIN (c)Address (d)Type of return (e)Specify that the extension request isto provide statements to recipients (f)Reason for the delay (g)Signature of withholding agent or duly authorized person .02Requests for an extension of time to furnish statements to recipients of Forms 1042-S are not automatically approved. If approved, an extension will allow a maximum of 30 days from the due date. The request must be postmarked no later than the date the statements are due to the recipients. .03Generally, only the withholding agent may sign the letter requesting the extension for recipient copies. If a transmitter has a contractual agreement with a withholding agent to submit extension requests on the withholding agent’s behalf, the transmitter should state so in the letter requesting the extension. .04Requests for extensions of time to file recipient copies formore than ten withholding agents are required to be submitted electronically. (See Sec. 3, for the record layout.). When requesting extensions of time for recipient copies, asigned letter must be faxed to IRB by the transmitter the same day as the transmission.Be sure to include the reason an extension for the recipient copies is needed. September 24, 20124152012–39 I.R.B. .05Transmitters submitting an extension of time for recipient copies with an electronic file should not submit a list of withholding agent names and TINs with the letter since this information is included in the electronic file. .06The online fill-in Form 8809 extension option cannot be used to request an extension to furnish statements to recipients. Sec. 5. Form 8508, Request for Waiver From Filing Information Returns Electronically .01If a withholding agent is required to file electronically but fails to do so and does not have an approved waiver on record, the withholding agent will be subject to a penalty of $100 per return in excess of 250. (For penalty information, refer to the Penalty Section of the2012 General Instructions for Certain Information Returns.) .02If withholding agents are required to file original or amended returns electronically, but such filing would create an undue hard- ship, they may request a waiver from these filing requirements by submitting Form 8508,Request for Waiver from Filing Information Returns Electronically, to IRS. Form 8508 can be obtained on the IRS website at www.IRS.gov or by calling 1–800–829–3676. .03Although a withholding agent may submit as many as 249 returns on paper, IRS encourages electronic filing. Once the 250 threshold has been met, filers are required to submit any returns in excess of 250 electronically. If awaiver for original documents is approved, any corrections for the same type of returns will be covered under that waiver. .04Generally, only the withholding agent may sign Form 8508. A transmitter may sign if given power-of-attorney; however, a letter signed by the withholding agent stating this fact must be attached to Form 8508. .05A transmitter must submit a separate Form 8508 for each withholding agent. Do not submit a list of withholding agents. .06All information requested on Form 8508 must beprovided to IRS for the request to be processed. .07The waiver, if approved, will provide exemption from the electronic filing requirement for the current tax year only. Withhold- ing agents may not apply for a waiver for more than one tax year at a time. .08Form 8508 may be photocopied or computer-generated as long as itcontains all the information requested on the original form. .09Filers are encouraged to submit Form 8508 to IRS at least 45 days before the due date of the returns. IRS does not process waiver requests until January. Waiver requests received priorto January are processed on a first come, first serve basis. .10All waiver requests must be sent to the following address: Internal Revenue Service Information Returns Branch Attn: Extension of Time Coordinator 240 Murall Drive, Mail Stop 4360 Kearneysville, WV 25430 .11File Form 8508 for the W–2 series of forms with IRS, not SSA. .12Waivers are evaluated on a case-by-case basis and are approved ordenied based on criteria set forth in the regulations under section 6011(e) of the Internal Revenue Code. The transmitter must allow a minimum of 30 days for IRS to respond to a waiver request. .13If a waiver request is approved, keep the approval letter on file. Do not send a copy of the approved waiver to the service center where the paper returns are filed. .14An approved waiver only applies to the requirement for filing information returns electronically. The withholding agent must still timely file information returnswith the appropriate service center on the official IRS paper forms or an acceptable substitute form. 2012–39 I.R.B.416September 24, 2012 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. September 24, 2012i2012–39 I.R.B. Numerical Finding List 1 Bulletins 2012–27 through 2012–39 Announcements: 2012-26, 2012-27 I.R.B.8 2012-27, 2012-27 I.R.B.10 2012-28, 2012-27 I.R.B.10 2012-30, 2012-34 I.R.B.314 2012-31, 2012-34 I.R.B.315 2012-32, 2012-35 I.R.B.325 2012-33, 2012-35 I.R.B.325 2012-34, 2012-36 I.R.B.334 2012-35, 2012-38 I.R.B.356 Notices: 2012-39, 2012-31 I.R.B.95 2012-44, 2012-28 I.R.B.45 2012-45, 2012-29 I.R.B.59 2012-46, 2012-30 I.R.B.86 2012-47, 2012-31 I.R.B.98 2012-48, 2012-31 I.R.B.102 2012-49, 2012-31 I.R.B.119 2012-50, 2012-31 I.R.B.121 2012-51, 2012-33 I.R.B.150 2012-52, 2012-35 I.R.B.317 2012-53, 2012-35 I.R.B.317 2012-55, 2012-36 I.R.B.332 2012-56, 2012-39 I.R.B.370 Proposed Regulations: REG-126770-06, 2012-38 I.R.B.347 REG-101812-07, 2012-34 I.R.B.311 REG-134042-07, 2012-27 I.R.B.5 REG-153627-08, 2012-29 I.R.B.60 REG-136491-09, 2012-35 I.R.B.321 REG-138489-09, 2012-38 I.R.B.355 REG-125570-11, 2012-30 I.R.B.93 REG-130266-11, 2012-32 I.R.B.126 REG-134935-11, 2012-29 I.R.B.64 REG-141832-11, 2012-28 I.R.B.54 REG-107889-12, 2012-28 I.R.B.53 REG-113738-12, 2012-29 I.R.B.66 Revenue Procedures: 2012-28, 2012-27 I.R.B.4 2012-29, 2012-28 I.R.B.49 2012-30, 2012-33 I.R.B.165 2012-31, 2012-33 I.R.B.256 2012-32, 2012-34 I.R.B.267 2012-33, 2012-34 I.R.B.272 2012-34, 2012-34 I.R.B.280 2012-35, 2012-37 I.R.B.341 2012-36, 2012-39 I.R.B.374 Revenue Rulings: 2012-19, 2012-28 I.R.B.16 2012-20, 2012-27 I.R.B.1 2012-21, 2012-32 I.R.B.123 2012-23, 2012-39 I.R.B.359 2012-24, 2012-36 I.R.B.329 2012-25, 2012-37 I.R.B.337 2012-26, 2012-39 I.R.B.358 Treasury Decisions: 9591, 2012-28 I.R.B.32 9592, 2012-28 I.R.B.41 9593, 2012-28 I.R.B.17 9594, 2012-29 I.R.B.57 9595, 2012-30 I.R.B.71 9596, 2012-30 I.R.B.84 9597, 2012-34 I.R.B.258 9598, 2012-38 I.R.B.343 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. 2012–39 I.R.B.iiSeptember 24, 2012 Finding List of Current Actions on Previously Published Items 1 Bulletins 2012–27 through 2012–39 Announcements: 83-196 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 85-141 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 2008-105 Modified and superseded by Ann. 2012-34, 2012-36 I.R.B.334 Notices: 2009-24 Amplified by Notice 2012-51, 2012-33 I.R.B.150 2012-51 Amplified by Notice 2012-51, 2012-33 I.R.B.150 Proposed Regulations: REG-100276-97 Withdrawn by Ann. 2012-27, 2012-27 I.R.B.10 Revenue Procedures: 94-22 Modified and superseded by Rev. Proc. 2012-35, 2012-37 I.R.B.341 95-15 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 98-32 Modified and superseded by Rev. Proc. 2012-33, 2012-34 I.R.B.272 2007-38 Modified and superseded by Rev. Proc. 2012-32, 2012-34 I.R.B.267 2011-40 Superseded by Rev. Proc. 2012-30, 2012-33 I.R.B.165 2011-50 Superseded by Rev. Proc. 2012-36, 2012-39 I.R.B.374 Treasury Decisions: 9752 Corrected by Ann. 2012-35, 2012-38 I.R.B.356 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. September 24, 2012iii2012–39 I.R.B. INDEX Internal Revenue Bulletins 2012–27 through 2012–39 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parentheses refer to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Amendment of prohibited payment option under defined sin- gle–employer defined benefit plan of plan sponsor in bank- ruptcy (REG–113738–12) 29,66 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Election to include in gross income in year of transfer (RP 29) 28,49 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Full funding limitations, weighted average interest rates, seg- ment rates for: July 1, 2012 (Notice 47) 31,98 August 1, 2012 (Notice 53) 35,317 September 1, 2012 (Notice 56) 39,370 Funding segment rates, 25–year average segment rates and ad- justed 24–month average segment rates used for pension fund- ing ( Notice 55) 36,332 Proposed Regulations: 26 CFR 1.411(d)–4, amended; amendment of prohibited pay- ment option under defined single–employer defined benefit plan of plan sponsor in bankruptcy (REG–113738–12) 29, 66 26 CFR 1.6081–11, amended; 301.6057–1, amended; report- ing and notice requirements for deferred vested benefits un- der section 6057 (REG–153627–08) 29,60 Reporting and notice requirements for deferred vested benefits under section 6057 (REG–153627–08) 29,60 Revision of Rev. Proc. 94–22 (RP 35) 37,342 Underfunded plans, notice requirements (Notice 46) 30,86 EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Wage recharacterization revenue ruling (RR 25) 37,337 ESTATE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0, thru –3, added; 25 CFR 25.2505–0 thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28, 54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T thru –2T, added; 25.2505–0T thru –3T, added; 602.101, amended; portabil- ity of a deceased spousal unused exclusion amount (TD 9593) 28,17 Valuation of certain farm, etc.,real property under section 2032A (RR 26) 39,358 EXCISE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84; (REG–125570–11) 30,93 Proposed Regulations: 26 CFR 1.1361–4, amended; 301.7701–2, amended; disre- garded entities and the indoortanning services excise tax (REG–125570–11) 30,93 Regulations: 26 CFR 1.1361–4, amended; 1.1361–4T, added; 301.7701–2T, added; disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84 EXEMPT ORGANIZATIONS Additional requirements for charitable hospitals (REG–130266–11) 32,126 Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Proposed Regulations: 26 CFR 1.501(r)–0 thru –7, added; additional requirements for charitable hospitals (REG–130266–11) 32,126 Revocations (Ann 32) 35,325 2012–39 I.R.B.ivSeptember 24, 2012 GIFT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0 thru –3, added; 25 CFR 25.2505–0 thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28,54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T thru –2T, added; 25.2505–0T thru –3T, added; 602.101, amended; portabil- ity of a deceased spousal unused exclusion amount (TD 9593) 28,17 INCOME TAX Allocation of costs under the simplified methods (REG–126670–12) 38,347 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Basis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 Bonds: Qualified energy conversation bonds (Notice 44) 28,45 Tribal economic development bonds (Notice 48) 31,102 Charitable contribution deduction (Notice 52) 35,317 Corporations, regulations under section 367(d) applicable to cer- tain outbound asset reorganizations (Notice 39) 31,95 Credits: Low-income housing credit: Utility allowances submetering (REG–136491–09) 35, 321 Qualifying advance coal project section 48A credit (Notice 51) 33,150 Deductions for entertainment use of business aircraft (TD 9597) 34,258 Disciplinary actions involvingattorneys, certified public ac- counts, enrolled agents, and enrolled actuaries (Ann 28) 27, 10; (Ann 33) 35,325 Dividend equivalents from sources within the United States; cor- rection (Ann 35) 38,356 Election to include in gross income in year of transfer (RP 29) 28,49 Financial asset securitization investment trusts (Ann 27) 27,10 Forms: 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, requirements for filing electronically (RP 30) 33,165 1040-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, specifications for filing elec- tronically (RP 36) 39,374 Integrated transactions of qualifying debt (TD 9598) 38,343; (REG–138489–09) 38,355 INCOME TAX—Cont. Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2012 (RR 20) 27,1 August 2012 (RR 21) 32,123 September 2012 (RR 24) 36,329 Rates: Underpayment and overpayments, quarter beginning: October 2012 (RR 23) 39,359 Marginal production rates, 2012 (Notice 50) 31,121 Modification to consolidated return regulation permitting an election to treat a liquidationof a target, followed by a recon- tribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 Overall foreign loss recapture on property dispositions (REG–134935–11) 29,64 Proposed Regulations: 26 CFR 1.42–10, –12, amended; utility allowances submeter- ing (REG–136491–09) 35,321 26 CFR 1.108–7, amended; 1.366–0, amended; 1.1366–2, –5, amended; 1.1367–1(h), amended; 1.1367–3, amended; ba- sis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 26 CFR 1.263A–0, –2, amended; allocation of costs under the simplified methods (REG–126670–12) 38,347 26 CFR 1.274–2, amended; 1.274–8, revised; reimbursed en- tertainment expenses (REG–101812–07) 34,311 26 CFR 1.904–4, amended; 1.904(g)–3, amended; over- all foreign loss recaptureon property dispositions (REG–134935–11) 29,64 26 CFR 1.988–5T, added; integrated transactions of qualify- ing debt ; (REG–138489–09 38,355 26 CFR 1.7874–3, added; substantial business activities (REG–107889–12) 28,53 Publications: 1120, Specifications for filing Forms 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, electronically, 2012 revision (RP 30) 33,165 1187, Specifications for filing Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, revised (RP 36) 39,374 4810, Specifications for filing Form 8955–SSA, Annual Reg- istration Statement Identifying Separated Participants With Deferred Vested Benefits, Electronically (RP 34) 34,280 Qualifying income under section 7704(d) (RP 28) 27,4 Regulations: 26 CFR 1.61–21, amended; 1.274–9, –10, added; deductions for entertainment use of business aircraft (TD 9597) 34,258 26 CFR 1.871–16T, amended; dividend equivalents from sources within the United States; correction (Ann 35) 38, 356 26 CFR 1.904–0, –1, –2, –7, –8, amended; 1.904(f)–0T, –1T, –2T, –7T, –8T, removed; 1.904(g)–0 thru –3 amended; 1.904(g)–0T thru –3T, removed; 1.502–9, amended, 1.1502–9T, removed; treatment of overall foreign and domestic losses (TD 9595) 30,71 September 24, 2012v2012–39 I.R.B. INCOME TAX—Cont. 26 CFR 1.988–5, added; integrated transactions of qualifying debt (TD 9598) 38,343 26 CFR 1.1502–13, amended; 1.1502–13T, removed; 602.101, amended; modification to consolidated return regulation permitting an election to treat a liquidation of a target, followed by a recontribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 26 CFR 1.7874–1, amended; 1.7874–1T, removed; 1.7874–2, added; surrogate foreigncorporations (TD 9591) 28,32 26 CFR 1.7874–3T, added; substantial business activities (TD 9592) 28,41 Reimbursed entertainment expenses (REG–101812–07) 34,311 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Revocations, exempt organizations (Ann 32) 35,325 Section 43 inflation adjustment, 2012 (Notice 49) 31,119 Substantial business activities (TD 9592) 28,41; (REG–107889–12) 28,53 Surrogate foreign corporations (TD 9591) 28,32 Tax Conventions: U.S.-Belgium agreement regarding taxes imposed by Bel- gium municipalities (Ann 30) 34,314 U.S.-Canada agreement regarding OECD report on the attri- bution of profits to permanent establishments (Ann 31) 34, 315 U.S.-Netherlands agreement of limited funds for mutual ac- count (LFMA) (Ann 26) 27,8 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Treatment of income from certain government bonds for pur- poses of the passive foreign investment company (PFIC) rules (Notice 45) 29,59 Treatment of overall foreign and domestic losses (TD 9595) 30, 71 SELF-EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 2012–39 I.R.B.viSeptember 24, 2012 Internal Revenue Service W ashington,DC20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. CUMULATIVE BULLETINS The contents of this weekly Bulletin are consolidated semiannually into a permanent, indexed, Cumulative Bulletin. These are sold on a single copy basis andare notincluded as part of the subscription to the Internal Revenue Bulletin. For the foreseeable future, the IRS will not create Cumulative Bulletins after the 2008–2 edition. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. 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