us-irs-notices-irb-2013-6-pdf•Internal Revenue Bulletin 2013-6 (PDF rendition): IRS Notices
Internal Revenue Bulletin 2013-6 (PDF rendition): IRS Notices
us-irs-notices-irb-2013-6-pdfInternal Revenue Bulletin 2013-6 (PDF rendition): IRS NoticesGuidance
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Bulletin No. 201 3-6 February 4, 2013 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 T.D. 9607, page 469. Final regulations under section 704 of the Code regarding the application of the substantiality de minimis rule. In the interest of sound tax administration, this rule is being made inapplica- ble. These final regulations affect partnerships and their part- ners. Notice 2013–7, page 477. This notice extends earlier guidance on the federal tax conse- quences of payments made to or on behalf of financially dis- tressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. This notice also extends the earlier guidance on the information reporting requirements for these payments. Notice 2011–14 and Rev. Proc. 2011–55 amplified and sup- plemented. Rev. Proc. 2013–13, page 478. This procedure provides an optional safe harbor method for an individual taxpayer to use to determine the amount of de- ductible expenses related to a qualified business use of the taxpayer’s home. The safe harbor method is an alternative to calculating and substantiating actual expenses for purposes of section 280A of the Code. Section 8.02 of Rev. Proc. 87–57 modified. EMPLOYEE PLANS Notice 2013–2, page 473. 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 January 2013; the 24-month average segment rates; the funding transitional segment rates applicable for January 2013; and the minimum present value transitional rates for December 2012. ADMINISTRATIVE Notice 2013–7, page 477. This notice extends earlier guidance on the federal tax conse- quences of payments made to or on behalf of financially dis- tressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. This notice also extends the earlier guidance on the information reporting requirements for these payments. Notice 2011–14 and Rev. Proc. 2011–55 amplified and sup- plemented. Announcement 2013–11, page 483. This announcement contains corrections to Publication 4436, General Rules and Specifications for Substitute Form 941, Schedule B (Form 941), and Schedule R (Form 941).Rev. Proc. 2012–46 corrected. Finding Lists begin on page ii. 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. February 4, 20132013–6 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 163.— Interest The Service ex tends guidance on the federal tax consequences of payments made to or on behalf of financially d istressed homeowners under programs established p ursuant to the Treasury Department’s Housing Fina nce Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing an d Urban Development’s Emergency Homeowners’ Loan Program. Notice 2011-14 and Rev. Proc. 20 11-55 amplified and supplemented. SeeNotice2 013-7, page 477. Section 164.—Taxes The Service extends guidance on the federal tax consequences of payments made to or on behalf of financially distressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. Notice 2011-14 and Rev. Proc. 2011-55 amplified and supplemented. See Notice 2013-7, page 477. Section 704.—Partner’s Distributive Share 26 CFR 1.704–1: Partner’s distributive share. T.D. 9607 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 Partner’s Distributive Share AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations. SUMMARY: This document contains final regulations regarding the application of the substantiality de minimis rule. In the inter- est of sound tax administration, this rule is being made inapplicable. These final reg- ulations affect partnerships and their part- ners. DATES:Effective Date:The final regula- tions are effective on December 28, 2012. Applicability Date:The final regu- lations under §1.704–1(b)(2)(iii)(e)(1) are applicabl e for partnership taxable years beginni ng after May 19, 2008 and beginning before December 28, 2012.The fin al regulations under §1.704–1(b) (2)(iii)(e)(2)(i) are applica- ble beginnin g on or after December 28, 2012, and the final regulations under §1.704–1(b )(2)(iii)(e)(2)(ii) are applicable for partner ship taxable years beginning on or after Dec ember 28, 2012. FOR FURTHER INFORMATION CONTACT: Rebecca Kahane, at (202) 622–3050 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background These final regulations contain amend- ments to the Income Tax Regulations (26 CFR Part 1) under section 704 of the Internal Revenue Code (Code). On October 25, 2011, the Treasury Depart- ment and the IRS published a notice of proposed rulemaking (REG–109564–10, 2011–50 I.R.B. 852 [76 FR 66011]) (the proposed regulations) in theFederal Reg- isterto remove the de minimis rule in §1.704–1(b)(2)(iii)(e)(thedeminimis partner rule). The proposed regulations provide that the final regulations are effec- tive on the date they are published in the Federal Register. The Treasury Department and the IRS did not hold a public hearing because there were no requests to speak at a hearing. However, the Treasury Department and the IRS received comments in response to the proposed regulations. Explanation of Provisions and Summary of Comments After con sideration of the comments, the fina l regulations adopt the proposed regulat ions as modified by this Treasury decisio n. The comments are discussed in this pre amble. 1.Elimination of the current de minimis partner rule Commenters generally agreed that the current de minimis partner rule is too broad, is easi ly abused, and/or is inconsis- tent with soun d tax policy. The Treasury Department an d the IRS agree with these commenters t hat the current de minimis partner rule should no longer be applica- ble. 2.Alternative approaches The preamble to the proposed regula- tions requests comments on “how to re- duce the burden of complying with the substantial economic effect rules, with re- spect to look-through partners, without di- minishing the safeguards the rules pro- vide.” In response to this request, some of the commenters requested that future guidance in regulations amend the current de minimis partner rule, and other com- menters suggested alternative approaches for de minimis partners and look-through partners. These alternative approaches are discussed in Part 2.a through 2.e of this preamble. a. Modification of current de minimis partner rule A commenter suggested amending the current de minimis partner rule by provid- ing that the de minimis partner rule applies only if: (i) de minimis partners own less than a specified aggregate percentage (for example, 25 percent, 50 percent, or 80 per- cent) of the partnership; and (ii) the part- nership has at least two non-de minimis partners. b.Reasonable assumptions approach One commenter suggested adopting a “reasonable assumptions rule” for de minimis partners and indirect partners. This commenter noted that a partner- ship must know the tax attributes of its partners in order to determine whether a partnership’s allocations are substantial. However, this commenter also explained that many partnerships are comprised of partners that are passthrough entities and it is difficult for these partnerships to ob- tain information about the tax attributes of their ultimate partners. Thus, this com- menter recommended that the Treasury 2013–6 I.R.B.469February 4, 2013 Department and the IRS permit a part- nership to make reasonable assumptions about: (1) the tax attributes of any part- ner that owns (directly, indirectly, and through attribution) not more than a 5 percent interest in the capital or profits of the partnership (each, a de minimis partner); and (2) the identity and tax at- tributes of any person that owns an interest in the partnership indirectly through one or more “look-through entities” (within the meaning of §1.704–1(b)(2)(iii)(d)(2)) other than disregarded entities (each, an indirect partner). Under this approach, if a partnership makes reasonable inquiries re- garding the tax attributes of all de minimis partners and indirect partners but is un- able to obtain the necessary information, then the partnership would be permitted to make reasonable assumptions about the tax attributes of those partners, but only if, in the aggregate, those de minimis part- ners and indirect partners do not own more than a 30 percent interest in the profits and capital of the partnership. This commenter further explained that, provided the partnership’s assumptions are reasonable, allocations that would be substantial on the basis of those reason- able assumptions would be respected even if those assumptions later are determined to have been incorrect. According to this commenter, whether a partnership’s assumptions are reasonable should be determined based on all of the facts and circumstances. This commenter provided several examples of reasonable and un- reasonable assumptions (for example, if a partner is identifiable (by its name or otherwise) as a charitable organization or educational institution, it would be unrea- sonable for a partnership to assume that the partner is a fully taxable individual or corporation). Similarly, another commenter sug- gested that the IRS establish “reasonable presumptions” as to the tax attributes of the owners of certain look-through entity partners. According to this commenter, these presumptions should be limited to situations in which the partnership does not know or have reason to know of the tax attributes of the owner of the look-through entity partner. c.Safe harbor presumptions Another commenter recommended that the Treasury Department and the IRS es- tablish safe harbor presumptions for the tax attributes of de minimis partners that do not qualify for the de minimis partner rule and partners that own, directly or in- directly, through a look-through entity, less than 10 percent of the capital and profits of the partnership and are allocated less than 10 percent of each partnership item. The commenter proposed several safe harbor presumptions regarding the relevant tax at- tributes of such a partner based on the type of partner (for example, if the partner is a nonresident alien) and the type of income the partnership earns (for example, if the partnership earns effectively connected in- come). d.Deemed satisfaction of section 704(b) in limited situations Another commenter suggested amend- ing the section 704(b) regulations to pro- vide that in a limited number of situations, the partnership would be deemed to sat- isfy the partnership allocation regulations. According to this commenter, deemed sat- isfaction would apply to partnerships that qualify, for the current tax year and all prior tax years, as pro rata partnerships, de minimis service partnerships, or de min- imis partnerships with de minimis part- ners. A partnership would be considered a pro rata partnership if all contributions to the partnership are cash; all items of part- nership income, gain, loss, deduction, and credit are allocated pro rata based on the partners’ relative contributions; all part- nership liabilities are shared pro rata based on the partners’ relative contributions; and all partnership distributions are made pro ratabasedonthepartners’ relative contri- butions. A partnership would qualify as a de minimis service partnership if the part- nership has gross receipts of $5 million or less in each taxable year, 95 percent of the partnership’s gross receipts is derived from services, and all partners are individuals who materially participate in the services of the partnership within the meaning of section 469(h). A partnership would be considered a de minimis partnership with de minimis partners if the aggregate fair market value (net of partnership liabilities) or tax basis of partnership property is $5 million or less at all times during the part- nership taxable year, the partnership has gross receipts of $5 million or less in each taxable year, and no partner is allocated more than 10 percent of any partnership item. e.Other alternative approaches Commenters offered other alternative approaches, including lowering the de minimis percentage interest threshold and the income allocation threshold; providing a limitation or threshold on the amount of net taxable income that is reasonably expected to be earned by the partnership or allocated to the de minimis partner each year; prohibiting reliance on the de min- imis partner rule if the partnership knows (or has reason to know) of the relevant tax attributes of the de minimis partner and such attributes would cause the allocations not to have substantial economic effect; or promulgating separate de minimis partner rules for large and small partnerships. The Treasury Department and the IRS believe that the alternative approaches to reduce the burden of complying with the substantial economic effect rules described in Part 2.a through 2.e of this preamble re- quire further consideration due to the is- sues raised by the complexity of the sub- stantiality rules. Although commenters suggested that removal of the de minimis rule without providing other administra- tive relief would result in undue burden, the Treasury Department and the IRS have determined that tax administration is best served by providing in the final regulations that the current de minimis rule will no longer be applicable. The Treasury De- partment and the IRS may address alter- native approaches in future guidance, and will consider the comments on alternative approaches at that time. 3.Effective/Applicability date Whether an allocation is considered to be substantial is generally determined at the time the allocation becomes part of the partnership agreement. The final regula- tions provide that the de minimis partner rule does not apply to allocations that be- come part of the partnership agreement on or after December 28, 2012. With respect to existing allocations, one commenter suggested that the de min- imis partner rule was sufficiently flawed February 4, 20134702013–6 I.R.B. that it should be promptly removed, and that it should not continue to apply to allocations that became part of the part- nership agreement prior to its removal. The Treasury Department and the IRS agree with this comment. Accordingly, these final regulations are effective, and therefore the de minimis partner rule of §1.704–1(b)(2)(iii)(e) is no longer appli- cable, for all partnership taxable years beginning on or after December 28, 2012, regardless of when the allocation became part of the partnership agreement. Thus, the substantiality of all partnership allo- cations, regardless of when they became part of the partnership agreement, must be retested without the benefit of the de minimis partner rule. For allocations in existing partnership agreements, the retest hastobeasofthefirstdayofthefirst partnership taxable year beginning on or after December 28, 2012. Special Analyses It has been determined that this Trea- sury decision is not a significant regula- tory action as defined in Executive Order 12866, as supplemented by Executive Or- der 13563. Therefore, a regulatory assess- ment is not required. It has also been deter- mined that section 553(b) of the Adminis- trative Procedure Act (5 U.S.C. chapter 5) does not apply to these regulations, and be- cause the regulation does not impose a col- lection of information on small entities, the Regulatory Flexibility Act (5 U.S.C. chap- ter 6) does not apply. Pursuant to section 7805(f) of the Code, these regulations have been submitted to the Chief Counsel for Advocacy of the Small Business Adminis- tration for comment on its impact on small business, and no comments were received. Drafting Information The principal author of these final reg- ulations is Michala Irons, Office of the As- sociate Chief Counsel (Passthroughs and Special Industries). However, other per- sonnel from the Treasury Department and the IRS participatedin their development. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 1 is amended as follows: PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority: 26 U.S.C. 7805 * * * Par. 2. Section 1.704–1(b)(2)(iii)(e)is revised to read as follows: Section 1.704–1 Partner’s distributive share. ***** (b) * * * (2) * * * (iii) * * * (e) De minimis rule—(1)Partnership taxable years beginning after May 19, 2008 and beginning before December 28, 2012. Except as provided in paragraph (b)(2)(iii)(e)(2) of this section, for purposes of applying this paragraph (b)(2)(iii), for partnership taxable years beginning after May 19, 2008 and beginning before December 28, 2012, the tax attributes of de minimis partners need not be taken into account. For purposes of this paragraph (b)(2)(iii)(e)(1), a de minimis partner is any partner, including a look-through entity that owns, directly or indirectly, less than 10 percent of the capital and profits of a partnership, and who is allocated less than 10 percent of each partnership item of income, gain, loss, deduction, and credit. See paragraph (b)(2)(iii)(d)(6)ofthissectionforthe definition of indirect ownership. (2)Nonapplicability of de minimis rule. (i)Allocations that become part of the partnership agreement on or after Decem- ber 28, 2012. Paragraph (b)(2)(iii)(e)(1) of this section does not apply to alloca- tions that become part of the partnership agreement on or after December 28, 2012. (ii)Retest for allocations that become part of the partnership agreement prior to December 28, 2012. If the de minimis partner rule of paragraph (b)(2)(iii)(e)(1) of this section was relied upon in testing the substantiality of allocations that be- came part of the partnership agreement be- fore December 28, 2012, such allocations must be retested on the first day of the first partnership taxable year beginning on or after December 28, 2012, without regard to paragraph (b)(2)(iii)(e)(1)ofthissection. ***** Steven T. Miller, Deputy Commissioner for Services and Enforcement. Approved December 19, 2012. Mark J. Mazur, Assistant Secretary oftheTreasury(TaxPolicy). (Filed by the Office of the Federal Register on December 21, 2012, 4:15 p.m., and published in the issue of the Federal Register for December 28, 2012, 77 F.R. 76380) Section 6041.—Information at Source The Service extends guidance on the informa- tion reporting requirements for payments made to or on behalf of financially distressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. Notice 2011-14 and Rev. Proc. 2011-55 amplified and supplemented. See Notice 2013-7, page 477. Section 6050H.—Returns Relating to Mortgage Interest R eceived in Trade or Busines s From Individuals The Servic e extends guidance on the informa- tion repor ting requirements for payments made to or on behal f of financially distressed homeowners under prog rams established pursuant to the Treasury Departme nt’s Housing Finance Agency Innovation Fund for t he Hardest-Hit Housing Markets and the Departme nt of Housing and Urban Development’s Emergenc y Homeowners’ Loan Program. Notice 2011-14 a nd Rev. Proc. 2011-55 amplified and supplem ented. See Notice 2013-7, page 477. Section 6721.—Failure to File Correct Information Returns The Service extends guidance on the informa- tion reporting requirements for payments made to or on behalf of financially distressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. Notice 2011-14 and Rev. Proc. 2011-55 amplified and supplemented. See Notice 2013-7, page 477. 2013–6 I.R.B.471February 4, 2013 Section 6722.—Failure to Furnish Correct Payee Statements The Service ex tends guidance on the informa- tion reportin g requirements for payments made to or on behalf of financially distressed homeowners under programs established pursuant to the Treasury Department’s Housing Finance Agency Innovation Fund for the Hardest-Hit Housing Markets and the Department of Housing and Urban Development’s Emergency Homeowners’ Loan Program. Notice 2011-14 and Rev. Proc. 2011-55 amplified and supplemented. See Notice 2013-7, page 477. February 4, 20134722013–6 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2013–2 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. These rates reflect certain changes implemented by the Mov- ing Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP–21). MAP–21 provides that for purposes of § 430(h)(2), the segment rates are limited by the applicable maximum percentage or the applicable minimum percentage based on the average of segment rates over a 25 year period. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i) provide that the interest rates used to calculate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conservatively in long term in- vestment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for December 2012 is 3.98 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% January2013 5.014.515.01 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 December 2012 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of De- cember 2012 are, respectively, 1.00, 3.57, and 4.77. The three 24-month average corporate bond segment rates applicable for January 2013, 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 1.624.40 5.45 2013–6 I.R.B.473February 4, 2013 For plan years beginning in 2012, the 24-month average segment rates deter- mined under § 430(h)(2)(C)(iv) must be not less than 90% nor greater than 110% of the 25-year average segment rates. Pur- suant to Notice 2012–55, 2012–36 I.R.B. 332, the first, second, and third 25-year segment rates applicable for plan years beginning in 2012 are 6.15, 7.61, and 8.35, respectively. Therefore, for plan years beginning in 2012, the three adjusted 24-month average corporate bond segment rates applicable for January 2013, 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 January 20132012 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 January 2013 adjusted 24-month average segment rates applicable for plan years beginning in 2013 when those 25-year average segment rates are determined. 30-YEAR TREASURY SECURITIES INTEREST RATES Section 417(e)(3)(A)(ii)(II) (prior to amendment by PPA) defines the appli- cable interest rate, which must be used for purposes of determining the minimum present value of a participant’s benefit under § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curities for the month before the date of distribution or such other time as the Secretary may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Regulations provides that the applica- bleinterestrateforamonthistheannual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for that month in revenue rulings, notices or other guidance published in the Internal Revenue Bulletin. The rate of interest on 30-year Treasury securities for December 2012 is 2.88 per- cent. The Service has determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond ma- turing in November 2042. Generally for plan years beginning after 2007, § 431 specifies the mini- mum funding requirements that apply to multiemployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in section 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the inter- est rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securities dur- ing the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, provides guidelines for determining the weighted average interest rate. The following rates were determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average90%to105% January20133.603.243.78 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 December 2012, taking into account the December 2012 30-year Treasury rate of 2.88 stated above, are as follows: February 4, 20134742013–6 I.R.B. For Plan Years Beginning in First Segment Second Segment Third Segment 20111.383.434.39 20121.00 3.57 4.77 20131.00 3.57 4.77 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Di- vision. Mr. Montanaro may be e-mailed at RetirementPlanQuestions@irs.gov. 2013–6 I.R.B.475February 4, 2013 Table I Monthly Yield Curve for December 2012 Derived from December 2012 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.5 0.32 20.5 4.47 40.5 4.81 60.5 4.93 80.5 4.99 1.0 0.53 21.04.4941.04.8161.04.9381.04.99 1.5 0.72 21.54.5041.5 4.82 61.5 4.93 81.5 4.99 2.00.8722.0 4.51 42.04.8262.04.9482.0 5.00 2.5 0.98 22.54.5342.5 4.82 62.5 4.94 82.55.00 3.01.0823.04.5443.04.8363.04.9483.05.00 3.5 1.18 23.54.5543.5 4.83 63.5 4.94 83.55.00 4.01.2924.0 4.56 44.04.8464.04.9484.0 5.00 4.5 1.42 24.54.5744.5 4.84 64.54.9584.55.00 5.01.5625.04.5845.0 4.84 65.04.9585.05.00 5.5 1.72 25.54.5945.54.8565.54.9585.55.00 6.01.8926.04.6046.04.8566.04.9586.05.00 6.5 2.07 26.5 4.61 46.54.8566.54.9586.55.01 7.02.2627.04.6247.04.8667.0 4.95 87.0 5.01 7.5 2.44 27.5 4.63 47.5 4.86 67.5 4.96 87.55.01 8.02.6328.04.6448.04.8668.04.9688.0 5.01 8.5 2.80 28.54.6548.5 4.87 68.5 4.96 88.55.01 9.02.9729.04.6649.04.8769.04.9689.05.01 9.5 3.12 29.5 4.67 49.5 4.87 69.5 4.96 89.55.01 10.03.2730.04.68 50.0 4.8870.04.9690.0 5.01 10.5 3.41 30.5 4.68 50.5 4.88 70.5 4.97 90.55.01 11.0 3.53 31.04.69 51.0 4.8871.04.9791.0 5.01 11.53.6531.5 4.70 51.5 4.89 71.5 4.97 91.55.01 12.03.7532.04.7152.04.8972.04.9792.05.02 12.5 3.84 32.5 4.71 52.5 4.89 72.5 4.97 92.55.02 13.03.9333.04.72 53.0 4.8973.04.9793.0 5.02 13.5 4.00 33.5 4.73 53.5 4.90 73.5 4.97 93.55.02 14.04.0734.04.74 54.0 4.9074.04.9894.0 5.02 14.5 4.12 34.5 4.74 54.5 4.90 74.5 4.98 94.55.02 15.04.1735.04.7555.04.9075.04.9895.05.02 15.5 4.22 35.54.7555.5 4.91 75.5 4.98 95.55.02 16.04.2636.04.76 56.0 4.9176.04.9896.0 5.02 16.5 4.29 36.5 4.77 56.5 4.91 76.5 4.98 96.55.02 17.04.3237.04.77 57.0 4.9177.04.9897.0 5.02 17.54.3537.5 4.78 57.5 4.92 77.5 4.98 97.55.02 18.04.3838.04.7858.04.9278.04.9998.05.03 18.5 4.40 38.5 4.79 58.5 4.92 78.5 4.99 98.55.03 19.04.4239.04.79 59.0 4.9279.04.9999.0 5.03 19.5 4.44 39.5 4.80 59.5 4.93 79.5 4.99 99.55.03 20.04.4640.04.8060.04.9380.04.99100.0 5.03 February 4, 20134762013–6 I.R.B. Extension of Guidance in Notice 2011–14 and Rev. Proc. 2011–55 for Participants in the HFA Hardest Hit Fund, the Emergency Homeowners’ Loan Program, and Substantially Similar State Programs Notice 2013–7 PURPOSE This notice amplifies Notice 2011–14, 2011–11 I.R.B. 544, by extending through taxable year 2015 the safe harbor method for computing a homeowner’s deduction for payments made on a home mortgage. This notice also amplifies Notice 2011–14 by extending through calendar year 2015 the relief for mortgage servicers and state housing finance agencies (State HFAs) from penalties relating to information reporting, and by advising the Depart- ment of Housing and Urban Development (HUD) that it may rely on Notice 2011–14 through calendar year 2015 to report to homeowners and the Internal Revenue Service the payments it makes to mortgage servicers. In addition, this notice amplifies Notice 2011–14 by revising the safe har- bor method for computing a homeowner’s deduction because of the extension of the deduction for mortgage insurance premi- ums that was enacted by section 204 of the American Taxpayer Relief Act of 2012, Pub. L. No. 112–240, 126 Stat. 2313 (ATRA). This notice also amplifies Rev. Proc. 2011–55, 2011–47 I.R.B. 793, by extend- ing its scope and effective date through cal- endar year 2015. Finally, this notice supplements Notice 2011–14 and Rev. Proc. 2011–55 by updating the list of housing programs to which Notice 2011–14 and Rev. Proc. 2011–55 apply. BACKGROUND Notice 2011–14 provides guidance on the federal income tax consequences of, and information reporting obligations for, payments made to or on behalf of finan- cially distressed homeowners under (1) programs designed by State HFAs (State Programs) with funds allocated from the Treasury Department’s Housing Finance Agency Innovation Fund for the Hard- est-Hit Housing Markets (HFA Hardest Hit Fund), and (2) HUD’s Emergency Homeowners’ Loan Program (EHLP) and any existing state program that is substan- tially similar to the EHLP and is eligible to administer an allocation of funds from the EHLP (the substantially similar state programs, or SSSPs). The Appendix in Notice 2011–14 lists all of the State Programs that, as of the date Notice 2011–14 was released, the Treasury Department had approved for funding from the HFA Hardest Hit Fund. Subsequent to the publication of Notice 2011–14, the Treasury Department con- tinues to approve funding for additional State Programs. An updated list of State Programs for which the Treasury De- partment approves funding is available atwww.treasury.gov/HHF.Allofthese programs are covered by Notice 2011–14, Rev. Proc. 2011–55, and this notice. For taxable years 2010, 2011, and 2012, Notice 2011–14 provides a safe harbor method for determining the amount that a homeowner may deduct on his or her federal income tax return. Under the safe harbor method, a homeowner may deduct the sum of all payments the homeowner actually makes during a taxable year to the mortgage servicer, HUD, or the State HFA on the home mortgage, but not in excess of the sum of the amounts shown on Form 1098 in box 1 (Mortgage inter- est received), box 4 (Mortgage insurance premiums) for years 2010 and 2011 only, and box 5 (real property taxes). This safe harbor method of computing the home- owner’s deduction applies for a taxable year if (1) the homeowner meets the re- quirements of §§ 163 and 164 to deduct all of the mortgage interest on the loan and all of the real property taxes on the principal residence, and (2) the homeowner partici- pates in a State Program described in the Appendix to Notice 2011–14 in which the program payments could be used to pay interest on the home mortgage, or in the EHLP or an SSSP. Section 204(a) of ATRA provides that § 163(h)(3)(E)(iv)(I) of the Internal Rev- enue Code is amended by striking Decem- ber 31, 2011, and inserting in its place De- cember 31, 2013. The effect of this amend- ment is to extend the deduction for quali- fied mortgage insurance premiums paid or accrued in, or properly allocable to, years 2012 and 2013. Notice 2011–14 provides that the Ser- vice will not assert penalties under §§ 6721 and 6722 of the Code against a mort- gage servicer that reports on Forms 1098, Mortgage Interest Statement, payments received under a State Program, the EHLP, or an SSSP during calendar years 2011 or 2012 if the servicer notifies homeowners that the amounts reported on the Forms 1098 are overstated because they include government subsidy payments. Notice 2011–14 also provides that the Service will not assert penalties under §§ 6721 and 6722 against any State HFA for failing to file and furnish Forms 1098 for calendar years 2011 and 2012 if the State HFA provides each homeowner and the IRS a statement setting forth (1) the homeowner’s name and taxpayer identifi- cation number (TIN), and (2) the amount of payments the State HFA made to a mortgage servicer under the State Program or the SSSP during that year (separately stating the amount the State HFA paid and the amount the homeowner paid). The statement the State HFA provides to the IRS must be a single statement that sepa- rately lists the names, TINs, and relevant payment amounts for each homeowner. For calendar years 2011 and 2012, No- tice 2011–14 advises HUD to provide each homeowner and the IRS a statement set- ting forth (1) the homeowner’s name and TIN, and (2) the amount of payments HUD made to the mortgage servicer under the EHLP during that year (separately stating the amount HUD paid and the amount the homeowner paid). The statement HUD provides to the IRS should be a single statement that separately lists the names, TINs, and relevant payment amounts for each homeowner. Rev. Proc. 2011–55 modifies Notice 2011–14 to specify the IRS office to which State HFAs and HUD should send the statement required by Notice 2011–14, and provides that State HFAs and HUD may, at their option, use Form 1098–MA, Mortgage Assistance Payments,topro- vide the information required by Notice 2011–14. Rev. Proc. 2011–55 is effec- tive for calendar years 2011 and 2012 and applies to (1) State HFAs that make payments to mortgage servicers under a State Program or an SSSP, and (2) HUD 2013–6 I.R.B.477February 4, 2013 for payments made to mortgage servicers under the EHLP. APPLICATION Income Tax Consequences to Homeowners For taxable years 2010 through 2015, a homeowner may deduct on his or her Federal income tax return the lesser of— •The sum of all payments on the home mortgage that the homeowner actually makes during a taxable year to the mortgage servicer, HUD, or the State HFA; and •The sum of amounts shown on Form 1098 for mortgage interest received, real property taxes, and (for years 2010 through 2013 only) mortgage insurance premiums. (For Forms 1098 issued for 2010 and 2011, mortgage servicers report these amounts in Box 4 (Mortgage insurance premiums). On Form 1098 for 2012, Box 4 is unla- beled, but, pursuant to instructions, mortgage servicers should again report these amounts in Box 4.) This safe harbor method of computing the homeowner’s deduction applies for a tax- able year if (1) the homeowner meets the requirements of §§ 163 and 164 to deduct all of the mortgage interest on the loan and all of the real property taxes on the princi- pal residence, and (2) the homeowner par- ticipates in a State Program in which the program payments could be used to pay in- terest on the home mortgage, or the EHLP or an SSSP. Information Reporting Obligations The Service will not assert penalties un- der §§ 6721 and 6722 against a mortgage servicer that reports on Forms 1098 pay- ments received under a State Program, the EHLP, or an SSSP during calendar years 2011 through 2015 if the servicer notifies homeowners that the amounts reported on the Form 1098 are overstated because they include government subsidy payments. The Service will not assert penalties un- der §§ 6721 and 6722 against any State HFA for failing to file and furnish Forms 1098 for calendar years 2011 through 2015 if the State HFA provides each homeowner and the IRS a statement setting forth (1) the homeowner’s name and TIN, and (2) the amount of payments the State HFA made to the mortgage servicer under the State Program or the SSSP during that year (separately stating the amount the State HFA paid and the amount the homeowner paid). Except as provided in Rev. Proc. 2011–55 regarding use of Form 1098–MA, the statement the State HFA provides to the IRS must be a single statement that sepa- rately lists the names, TINs, and relevant payment amounts for each homeowner. In addition, for calendar years 2011 through 2015, HUD should provide each homeowner and the IRS a statement set- ting forth (1) the homeowner’s name and TIN, and (2) the amount of payments HUD made to the mortgage servicer under the EHLP during that year (separately stating the amount HUD paid and the amount the homeowner paid). Except as provided in Rev. Proc. 2011–55, the statement HUD provides to the IRS should be a single statement that separately lists the names, TINs, and relevant payment amounts for each homeowner. For calendar years 2011 through 2015, State HFAs and HUD may, at their op- tion, use Form 1098–MA in accordance with Rev. Proc. 2011–55 to provide the information described in Notice 2011–14 instead of filing a single statement for the calendar year. State Programs The State Programs to which No- tice 2011–14, Rev. Proc. 2011–55, and this notice apply are listed at www.treasury.gov/HHF. This list includes all of the State Programs that appeared in the Appendix to Notice 2011–14 as well as any additional programs that the Treasury Department has approved for funding from the HFA Hardest Hit Fund. EFFECT ON OTHER DOCUMENTS (1) Notice 2011–14 is amplified by ex- tending the guidance relating to (a) the safe harbor method for computing a home- owner’s deduction for payments made on a home mortgage through the taxable year 2015, and (b) information reporting for those payments through the calendar year 2015. Notice 2011–14 also is amplified by revising the safe harbor method for computing a homeowner’s deduction to in- clude mortgage insurance premiums paid or accrued for years 2012 and 2013. (2) Rev. Proc. 2011–55 is amplified by extending its scope and effective date through calendar year 2015. (3) Notice 2011–14 and Rev. Proc. 2011–55 are supplemented by identifying additional State Programs to which the no- tice and revenue procedure apply. DRAFTING INFORMATION The principal author of this notice is Shareen S. Pflanz of the Office of Asso- ciate Chief Counsel (Income Tax & Ac- counting). For further information regard- ing this notice, contact Shareen S. Pflanz at (202) 622–4920 (not a toll-free call). 26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability. (Also Part 1, § 280A.) Rev. Proc. 2013–13 SECTION 1. PURPOSE This revenue procedure provides an optional safe harbor method that individ- ual taxpayers may use to determine the amount of deductible expenses attribut- able to certain business use of a residence during the taxable year. This safe harbor method is an alternative to the calculation, allocation, and substantiation of actual expenses for purposes of satisfying the requirements of § 280A of the Internal Revenue Code. This revenue procedure is effective for taxable years beginning on or after January 1, 2013. SECTION 2. BACKGROUND .01 Section 280A(a) generally disal- lows any deduction for expenses related to a dwelling unit that is used as a resi- dence by the taxpayer during the taxable year. However, § 280A(c)(1) through (4) allow a deduction for expenses related to certain business or rental use of a dwelling unit, subject to the deduction limitation in § 280A(c)(5). .02 Section 280A(c)(1) permits a tax- payer to deduct expenses that are alloca- ble to a portion of the dwelling unit that is exclusively used on a regular basis (A) as the taxpayer’s principal place of business foranytradeorbusiness,(B)asaplaceto meet with the taxpayer’s patients, clients, February 4, 20134782013–6 I.R.B. or customers in the normal course of the taxpayer’s trade or business, or (C) in the case of a separate structure that is not at- tached to the dwelling unit, in connection with the taxpayer’s trade or business. .03 Section 280A(c)(2) permits a tax- payer to deduct expenses that are allocable to space within the dwelling unit used on a regular basis for the storage of inventory or product samples held for use in the tax- payer’s trade or business of selling prod- ucts at retail or wholesale, if the dwelling unit is the sole fixed location of the trade or business. .04 Section 280A(c)(3) permits a tax- payer to deduct expenses that are attribut- able to the rental of the dwelling unit or a portion of the dwelling unit. .05 Section 280A(c)(4) permits a tax- payer to deduct expenses that are alloca- ble to the portion of the dwelling unit used on a regular basis in the taxpayer’s trade or business of providing day care for chil- dren, for individuals who have attained age 65, or for individuals who are physically or mentally incapable of caring for them- selves. .06 Section 280A(c)(5) limits the deductibility of expenses that relate to a use of a dwelling unit described in § 280A(c)(1) through (4) to the gross in- come derived from that use for the taxable year reduced by (1) the deductions allo- cable to the use that are allowable for the taxable year whether or not the unit is used as described in § 280A(c)(1) through (4) (for example, deductions for qualified residence interest, property taxes, and ca- sualty losses); and (2) the allowable trade or business expenses that are not alloca- ble to the use of the dwelling unit for the taxable year (for example, advertising, wages, and supplies). .07 The Internal Revenue Service (Ser- vice) and the Treasury Department recog- nize that the calculation, allocation, and substantiation of allowable deductions at- tributable to the use of a portion of the taxpayer’s residence for business purposes can be complex and burdensome for small business owners. Accordingly, the Ser- vice and the Treasury Department are pro- viding this optional safe harbor method to reduce the administrative, recordkeeping, and compliance burdens of determining the allowable deduction for certain busi- ness use of a residence under § 280A. Un- der this safe harbor method, taxpayers de- termine their allowable deduction for busi- ness use of a residence by multiplying a prescribed rate by the square footage of the portion of the taxpayer’s residence that is used for business purposes. SECTION 3. SCOPE AND DEFINITIONS .01In general. This revenue proce- dure applies to a taxpayer who is an in- dividual and who elects the safe harbor method provided by this revenue proce- dure to determine the deduction allowable under § 280A for the taxpayer’s qualified business use of a home for the taxable year. .02Qualified business use. For pur- poses of this revenue procedure, “qualified business use” means (1) business use that satisfies the requirements of § 280A(c)(1), (2) business storage use that satisfies the requirements of § 280A(c)(2), or (3) day care services use that satisfies the require- ments of § 280A(c)(4). .03Home. For purposes of this rev- enue procedure, “home” means a dwelling unit used by the taxpayer during the taxable year as a residence, as defined in §§ 280A(d) and (f)(1), including a dwelling unit leased by a taxpayer. How- ever, only a dwelling unit that is § 1250 property (generally depreciable real prop- erty) and MACRS property (generally defined in § 1.168(b)–1(a)(2) as tangible, depreciable property subject to § 168 that is placed in service after December 31, 1986) qualifies as a home for purposes of this revenue procedure. SECTION 4. APPLICATION .01Computation of the safe harbor amount. (1) A taxpayer determines the amount of deductible expenses for a qualified busi- ness use of the home for the taxable year under the safe harbor method by multiply- ing the allowable square footage by the prescribed rate. (2) The allowable square footage is the portion of a home used in a qualified busi- ness use of the home, but not to exceed 300 square feet. (3) The prescribed rate is $5.00. The Service and the Treasury Department may update this rate from time to time as war- ranted. (4) This safe harbor method is an al- ternative to the calculation and allocation of actual expenses otherwise required by § 280A. Accordingly, except as provided in section 4.04 of this revenue procedure, a taxpayer electing the safe harbor method for a taxable year cannot deduct any actual expenses related to the qualified business use of that home for that taxable year. .02Reimbursement or other expense al- lowance arrangement. The safe harbor method provided by this revenue proce- dure does not apply to an employee with a home office if the employee receives ad- vances, allowances, or reimbursements for expenses related to the qualified business use of the employee’s home under a reim- bursement or other expense allowance ar- rangement (as defined in § 1.62–2) with his or her employer. .03Year-by-year determination.Atax- payer may elect from taxable year to tax- able year whether to use the safe harbor method or to calculate and substantiate ac- tual expenses for purposes of § 280A. A taxpayer elects the safe harbor method by using the method to compute the deduction for the qualified business use of a home on his or her timely filed, original federal in- come tax return for the taxable year. An election for any taxable year, once made, is irrevocable. A change from using the safe harbor method in one year to actual expenses in a succeeding taxable year, or vice-versa, is not a change in method of ac- counting and does not require the consent of the Commissioner. .04Otherwise allowable deductions re- lated to the home. A taxpayer who item- izes deductions and uses the safe harbor method for a taxable year may deduct, to the extent allowed by the Code and regula- tions, any expense related to the home that is deductible without regard to whether there is a qualified business use of the home for that taxableyear (for example, deductions for qualified residence inter- est, property taxes, and casualty losses). Taxpayers using the safe harbor method deduct these expenses as itemized deduc- tions on Form 1040, Schedule A, and can- not deduct any portion of these expenses from the gross income derived from the qualified business use of the home, either for purposes of determining the net income derived from the business or for purposes of determining the gross income limita- tion provided in section 4.08(2) of this rev- 2013–6 I.R.B.479February 4, 2013 enue procedure. However, taxpayers with a qualified business use of a home who also have a rental use of the same home un- der § 280A(c)(3) must allocate a portion of the expenses described in this section 4.04 to the rental use to the extent required un- der § 280A and any regulations thereunder. .05Business deductions unrelated to qualified business use of a home.Atax- payer using the safe harbor method for a taxable year may deduct, to the extent al- lowed by the Code and regulations, any trade or business expenses unrelated to the qualified business use of the home for that taxable year (for example, expenses for ad- vertising, wages, and supplies). .06Depreciation for a taxable year in which the safe harbor method is used.A taxpayer using the safe harbor method for a taxable year cannot deduct any depreci- ation (including any additional first-year depreciation) or § 179 expense for the por- tion of the home that is used in a qualified business use of the home for that taxable year. The depreciation deduction allow- able for that portion of the home for that taxable year is deemed to be zero. .07Depreciation for a subsequent tax- able year in which actual expenses are used. (1) Use of optional depreciation table. If a taxpayer uses the safe harbor method for a taxable year and calculates and sub- stantiates actual expenses for purposes of § 280A for any subsequent taxable year, the taxpayer must calculate the deprecia- tion deduction allowable in the subsequent year for the portion of the home that is used in a qualified business use of the home by using the appropriate optional depreciation table applicable for the property, regard- less of whether the taxpayer used an op- tional depreciation table for the property in its placed-in-service year. The optional depreciation tables for MACRS property are provided in the annual IRS Publica- tion 946,How To Depreciate Property.For purposes of this section 4.07, the appro- priate optional depreciation table is based on the depreciation system, depreciation method, recovery period, and convention applicable to the § 1250 property in its placed-in-service year. (2) Computation of the depreciation deduction allowable. A taxpayer de- scribed in section 4.07(1) of this revenue procedure computes the allowable depre- ciation deduction for a subsequent year by multiplying the remaining adjusted depreciable basis (as determined under § 1.168(k)–1(d)(2)(i)) allocable to the portion of the home used in a qualified business use by the annual depreciation rate for the applicable year specified in the appropriate optional depreciation table. Furthermore, the applicable year is the year that corresponds with the current tax- able year based on the placed-in-service year of the property. .08Limitations. (1) Taxpayers using this safe harbor method to compute their deduction must continue to satisfy all requirements of § 280A for determining their eligibility to claim a deduction. For example, a taxpayer may claim a deduction for a busi- ness use described in § 280A(c)(1) for a portion of a residence only if that portion is exclusively used on a regular basis for business purposes. As a further example, a taxpayer who is an employee may deduct expenses attributable to a business use of a residence described in § 280A(c)(1) only if that use is for the convenience of the taxpayer’s employer. (2) The amount of the deduction com- puted using the safe harbor method pro- vided by this revenue procedure cannot ex- ceed the gross income derived from the qualified business use of the home for the taxable year reduced by the business de- ductions described in section 4.05 of this revenue procedure (deductions unrelated to the qualified business use of a home). Any amount in excess of this gross income limitation is disallowed and may not be carried over and claimed as a deduction in any other taxable year. (3) A taxpayer who uses the safe har- bor method provided by this revenue pro- cedure for a taxable year may not deduct in that taxable year any disallowed amount carried over from a prior taxable year dur- ing which the taxpayer calculated and sub- stantiated actual expenses for purposes of § 280A. A taxpayer who calculated and substantiated actual expenses for purposes of § 280A in a prior taxable year and whose deduction was limited by the gross income limitation in § 280A(c)(5) may deduct the disallowed amount, subject to all other ap- plicable restrictions, in the next succeeding taxable year in which the taxpayer calcu- lates and substantiates actual expenses for purposes of § 280A. (4) For purposes of determining the allowable square footage under section 4.01(2) of this revenue procedure, a tax- payer with a qualified business use of a home for a portion of the taxable year (for example, a seasonal business or a business that begins during the taxable year), or a taxpayer who changes the square footage for a qualified business use of a home during the taxable year (for example, an increase or decrease in the square footage), must determine the average of the monthly allowable square footage for the taxable year. In determining the average monthly allowable square footage, no more than 300 square feet may be taken into account for any one month, and a taxpayer shall only be treated as having a qualified busi- ness use of a home in a month in which the taxpayer had 15 or more days of a qualified business use of the home. For example, a taxpayer who files federal income tax returns on a calendar year basis, begins using 400 square feet of his or her home for a qualified business use on July 20, and continues that use until the end of the taxable year, has an average monthly al- lowable square footage of 125 square feet (300 square feet for each month August through December divided by the number of months in the taxable year ((300 + 300 + 300 + 300 + 300)/12)). (5) Taxpayers sharing a home (for ex- ample, roommates or spouses, regardless of filing status), if otherwise eligible, may each use the safe harbor method provided by this revenue procedure, but not for a qualified business use of the same portion of the home. For example, a husband and wife, if otherwise eligible and regardless of filing status, may each use the safe har- bor method for a qualified business use of the same home for up to 300 square feet of different portions of the home. (6) A taxpayer who has more than one qualified business use of the same home for a taxable year and who elects the safe harbor method must use the safe harbor method for each qualified business use of the home. However, a taxpayer who has a qualified business use of a home and a rental use for purposes of § 280A(c)(3) of the same home cannot use the safe harbor method for the rental use. A taxpayer who has more than one qualified business use of the same home for a taxable year is lim- ited to a maximum of 300 square feet. If a taxpayer who has more than one qualified February 4, 20134802013–6 I.R.B. business use of the same home for the tax- able year uses more than 300 square feet, then the taxpayer must allocate the square footage among the qualified business uses of the home. The taxpayer may allocate the square footage in any reasonable man- ner, but the taxpayer may not allocate more square footage to a qualified business use of a home than is actually used in that qual- ified business use of the home. (7) A taxpayer with qualified business uses of more than one home for a taxable year may use the safe harbor method for only one home for that taxable year. How- ever, the taxpayer, if otherwise eligible, may calculate and substantiate actual ex- penses for purposes of § 280A for the busi- ness use of any other homes for that tax- able year. .09Examples.The following examples illustrate the application of sections 4.01 through 4.08 of this revenue procedure. Example 1.A, a barber, is a sole proprietor who uses a room in his residence regularly and exclusively to meet with customers in the normal course of his trade or business throughout 2013.Adetermines that the room is 350 square feet and has a cost basis of $10,000.Aplaced the room in service in January 2013.Adepreciates the room under § 168 as non- residential real property using the optional depreci- ation table that corresponds with the general depre- ciation system, the straight-line method of deprecia- tion, a 39-year recovery period, and the mid-month convention. During 2013,Aearns $9,000 of gross in- come from the business and pays the following busi- ness expenses: Supplies $1,500 Advertising800 Professional fees300 Magazines/Subscriptions700 Postage 1 00 Total $3,400 Aalso pays the following expenses related to his home in 2013: Mortgage interest $10,000 Real property taxes3,000 Homeowners’ insurance 1,500 Utilities2,400 Repairs9 00 Total $17,800 Fo r 2013,Aelects the safe harbor method pro- vided by this revenue procedure. As provided in sec- tion 4.01 of this revenue procedure,Adetermines the am ount of his deduction for the qualified business use of his home is $1,500 (300 sq. ft. X $5.00). As provided in section 4.04 of this revenue procedure, Ad educts his mortgage interest ($10,000), and real property taxes ($3,000) as itemized deductions on his federal income tax return (Schedule A of Form 1040). A s provided in section 4.05 of this revenue procedure, Adeducts his ordinary and necessary business ex- penses that are unrelated to the qualified business use o f his home ($3,400) as trade or business expenses (Schedule C of Form 1040) to the extent otherwise allowed by the Code and regulations. A s provided in section 4.01(4) of this revenue procedure,Amay not deduct any portion of the ac- tual expenses related to the qualified business use of his home for 2013 (homeowners’ insurance, utili- ties, and repairs). As provided in section 4.06 of this revenue procedure,Amay not deduct any deprecia- tion for the room on his federal income tax return for 2013, and the depreciation deduction allowable for the room for 2013 is deemed to be zero. Accord- ingly,A’s adjusted depreciable basis in the room as of December 31, 2013, is $10,000. The gross income limitation in section 4.08(2) of this revenue procedure does not limitA’s deduction for the qualified business use of the home because the amount of the deduction, $1,500, does not exceed the gross income derived by Afrom the qualified business use of his home for the taxable year reduced by the business deductions de- scribed in section 4.05 of this revenue procedure, or $5 ,600 ($9,000 gross income - $3,400 of business de- ductions). For 2014,Adoes not elect the safe harbor method an d instead calculates and substantiates actual ex- penses for purposes of § 280A. Pursuant to section 4.07 of this revenue procedure,Amust use the ap- pr opriate optional depreciation table for determining the depreciation deduction allowable for the room for 2014. The appropriate optional depreciation ta- b le provides that the depreciation rate for year two is 2.564%. Accordingly,Adeducts depreciation for the room on his federal income tax return for 2014 in t he amount of $256.40 ($10,000 X .02564). Conse- quently,A’s adjusted depreciable basis in the room as of December 31, 2014, is reduced to $9,743.60 ( $10,000 - $256.40). Example 2.B, an architect, is a sole proprietor who uses a room in her residence regularly and ex- clusively to meet with clients in the normal course of her trade or business throughout 2013.Bdeter- mines that the room is 300 square feet and has a cost basis of $10,000.Bplaced the room in service in January 2010. For 2010, 2011, and 2012,Bdepre- ciates the room as nonresidential real property under the general depreciation system of § 168(a), using the straight-line method of depreciation, a 39-year recov- ery period, and the mid-month convention, but does not use the optional depreciation table. The adjusted depreciable basis of the room as of December 31, 2012, is $9,241.45. For 2013,Belects the safe harbor method pro- vided by this revenue procedure. Pursuant to section 4.06 of this revenue procedure,Bdoes not deduct any de preciation for the room on her federal income tax return for 2013, and the depreciation deduction allow- able for the room for 2013 is deemed to be zero. Ac- co rdingly, B’s adjusted depreciable basis in the room as of December 31, 2013, is $9,241.45. For 2014,Bresumes calculating and substantiat- in g actual expenses for purposes of § 280A. Pursuant to section 4.07 of this revenue procedure,Bmust use the appropriate optional depreciation table for deter- m ining the depreciation deduction allowable for the room for 2014 becauseBused the safe harbor method provided by this revenue procedure for a prior taxable y ear. In 2014, the room has been placed in service by Bfor five years. The appropriate optional deprecia- tion table provides that the depreciation rate for year f ive is 2.564%. Accordingly,Bdeducts depreciation for the room on her federal income tax return for 2014 in the amount of $256.40 ($10,000 X .02564). Con- sequently,B’s adjusted depreciable basis in the room as of December 31, 2014, is reduced to $8,985.05 ($9,241.45 - $256.40). SECTION 5. EFFECT ON OTHER DOCUMENTS Section 8.02 of Rev. Proc. 87–57, 1987–2 C.B. 687, is modified to read as follows: .02 The optional depreciation tables specify schedules of annual depreciation rates to be applied to the unadjusted basis (or, if applicable, to the remaining adjusted 2013–6 I.R.B.481February 4, 2013 depreciable basis as determined under § 1.168(k)–1(d)(2)(i) of the Income Tax Regulations) of property in each taxable year. If a taxpayer uses a table to compute the annual depreciation allowance for any item of property, the taxpayer must use the table to compute the annual depreci- ation allowances for the entire recovery period of such property, except as oth- erwise expressly provided by the Code, the regulations under the Code, or other guidance published in the Internal Rev- enue Bulletin. Further, a taxpayer may not continue to use the table if there are any adjustments to the basis of the property for reasons other than (1) depreciation allowed or allowable, or (2) an addition or an improvement to such property that is subject to depreciation as a separate item of property. Use of the tables in this revenue procedure to compute deprecia- tion allowances does not require the filing of any notice with the Internal Revenue Service. Taxpayers use the appropriate table for any property based on the deprecia- tion system, the applicable depreciation method, the applicable recovery period, and the applicableconvention. The ta- bles list the percentage depreciation rates to be applied to the unadjusted basis (or, if applicable, to the remaining adjusted depreciable basis as determined under § 1.168(k)–1(d)(2)(i)) of property in each taxable year. In Tables 1–5, for the general depre- ciation system, the listed depreciation rates reflect the 200 percent declining balance method switching to the straight line method for property with applicable recovery periods of 3, 5, 7, or 10 years and the 150 percent declining balance method switchingtothestraightlinemethodfor property with applicable recovery periods of 15 or 20 years. SECTION 6. EFFECTIVE DATE This revenue procedure is effective for taxable years beginning on or after January 1, 2013. SECTION 7. REQUEST FOR COMMENTS The Service and the Treasury Depart- ment request comments on all aspects of this revenue procedure. Comments should be submitted in writ- ing on or before April 15, 2013, and should include a reference to Rev. Proc. 2013–13. Submissions should be sent to: Internal Revenue Service Attn: CC:PA:LPD:PR (Rev. Proc. 2013–13), Room 5203 P.O. Box 7604 Ben Franklin Station Washington, DC 20044 Submissions also may be hand de- livered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (Rev. Proc. 2013–13), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, N.W., Wash- ington, DC. Alternatively, comments may be submitted electronically directly to the IRS via the following e-mail address: Notice.comments@irscounsel.treas.gov. Please include “Rev. Proc. 2013–13” in the subject line of any electronic commu- nication. All comments will be available for public inspection and copying. SECTION 8. DRAFTING INFORMATION The principal author of this revenue procedure is Christopher W. Call of the Office of Associate Chief Counsel (In- come Tax & Accounting). For further information regarding this revenue proce- dure, contact Christopher W. Call at (202) 622–4970 (not a toll-free call). February 4, 20134822013–6 I.R.B. Part IV. Items o fGeneralInterest Corrections t o Publication 4436, General Rules and Specificatio ns for Substitute Form 941, Sch edule B (Form 941), and Sch edule R (Form 941). Announceme nt 2013–11 The followi ng announcement lists cor- rections to Publication 4436,General Rules and Sp ecifications for Substitute Form 941, S chedule B (Form 941), and Schedule R (Form 941).Rev.Proc. 2012–46, 2012 –50 I.R.B. 673, is cor- rected. Correction: Section 1.2 — “What’s New, # 11, Draft Forms”, cur rently reads: “Draft Form s are no longer available on the IRS.gov website.” It should re ad: “Draft form s can be found at: http://www .irs.gov/app/picklist/draftTax- Forms.html and can be used to develop interim for mats until the forms are final- ized.” Correction: Section 1.7 — “ Reproducible Copies of Forms # 02, By m ail — to:”, currently reads: “Northrop Gru mman Information Systems 7555 Colshir eDrive McLean, VA 22 102” It should rea d: “National T echnical Information Service 5301 Shawne eRoad Alexandria , VA 22312” 2013–6 I.R.B.483February 4, 2013 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. February 4, 2013i2013–6 I.R.B. Numerical Finding List 1 Bulletins 2013–1 through 2013–6 Announcements: 2013-1, 2013-1 I.R.B.251 2013-2, 2013-2 I.R.B.271 2013-3, 2013-2 I.R.B.271 2013-4, 2013-4 I.R.B.440 2013-5, 2013-3 I.R.B.306 2013-6, 2013-3 I.R.B.307 2013-7, 2013-3 I.R.B.308 2013-8, 2013-4 I.R.B.440 2013-9, 2013-4 I.R.B.441 2013-10, 2013-3 I.R.B.311 2013-11, 2013-6 I.R.B.483 Notices: 2013-1, 2013-3 I.R.B.281 2013-2, 2013-6 I.R.B.473 2013-7, 2013-6 I.R.B.477 Proposed Regulations: REG-141066-09, 2013-3 I.R.B.289 REG-122707-12, 2013-5 I.R.B.450 Revenue Procedures: 2013-1, 2013-1 I.R.B.1 2013-2, 2013-1 I.R.B.92 2013-3, 2013-1 I.R.B.113 2013-4, 2013-1 I.R.B.126 2013-5, 2013-1 I.R.B.170 2013-6, 2013-1 I.R.B.198 2013-7, 2013-1 I.R.B.233 2013-8, 2013-1 I.R.B.237 2013-9, 2013-2 I.R.B.255 2013-10, 2013-2 I.R.B.267 2013-11, 2013-2 I.R.B.269 2013-12, 2013-4 I.R.B.313 2013-13, 2013-6 I.R.B.478 2013-14, 2013-3 I.R.B.283 2013-15, 2013-5 I.R.B.444 Revenue Rulings: 2013-1, 2013-2 I.R.B.252 Treasury Decisions: 9603, 2013-3 I.R.B.273 9607, 2013-6 I.R.B.469 9608, 2013-3 I.R.B.274 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2012–27 through 2012–52 is in Internal Revenue Bulletin 2012–52, dated December 27, 2012. 2013–6 I.R.B.iiFebruary 4, 2013 Finding List of Current Actions on Previously Published Items 1 Bulletins 2013–1 through 2013–6 Notices: 2011-14 Amplified and supplemented by Notice 2013-7, 2013-6 I.R.B.477 2012-60 Superseded by Notice 2013-1, 2013-3 I.R.B.281 Proposed Regulations: REG-140668-07 Corrected by Ann. 2013-6, 2013-3 I.R.B.307 Revenue Procedures: 87-57 Modified by Rev. Proc. 2013-13, 2013-6 I.R.B.478 2004-66 Modified and superseded by Rev. Proc. 2013-11, 2013-2 I.R.B.269 2008-35 Modified and superseded by Rev. Proc. 2013-14, 2013-3 I.R.B.283 2008-50 Modified and superseded by Rev. Proc. 2013-12, 2013-4 I.R.B.313 2011-49 Modified by Rev. Proc. 2013-6, 2013-1 I.R.B.198 2011-52 Modified and partly superseded by Rev. Proc. 2013-15, 2013-5 I.R.B.444 2011-55 Amplified and supplemented by Notice 2013-7, 2013-6 I.R.B.477 2012-1 Superseded by Rev. Proc. 2013-1, 2013-1 I.R.B.1 2012-2 Superseded by Rev. Proc. 2013-2, 2013-1 I.R.B.92 2012-3 Superseded by Rev. Proc. 2013-3, 2013-1 I.R.B.113 2012-4 Superseded by Rev. Proc. 2013-4, 2013-1 I.R.B.126 Revenue Procedures— Continued: 2012-5 Superseded by Rev. Proc. 2013-5, 2013-1 I.R.B.170 2012-6 Superseded by Rev. Proc. 2013-6, 2013-1 I.R.B.198 2012-7 Superseded by Rev. Proc. 2013-7, 2013-1 I.R.B.233 2012-8 Superseded by Rev. Proc. 2013-8, 2013-1 I.R.B.237 2012-9 Superseded by Rev. Proc. 2013-9, 2013-2 I.R.B.255 2012-10 Superseded by Rev. Proc. 2013-10, 2013-2 I.R.B.267 2012-30 Corrected and clarified by Ann. 2013-3, 2013-2 I.R.B.271 Updated by Ann. 2013-10, 2013-3 I.R.B.311 2012-46 Corrected by Ann. 2013-11, 2013-6 I.R.B.483 2013-1 Corrected by Ann. 2013-9, 2013-4 I.R.B.441 Treasury Decisions: 9564 Corrected by Ann. 2013-4, 2013-4 I.R.B.440 Amended by Ann. 2013-7, 2013-3 I.R.B.308 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2012–27 through 2012–52 is in Internal Revenue Bulletin 2012–52, dated December 27, 2012. February 4, 2013iii2013–6 I.R.B. 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. The IRS will not create Cumulative Bulletins after the 2008–2 edition. Subscribers to the weekly Bulletin are notified when copies of the Cumulative Bulletin are available. Certain issues of Cumulative Bulletins are out of print and are not available. Persons desiring available Cumulative Bulletins, which are listed on the reverse, may purchase them from the Superintendent of Documents. ACCESS THE INTERNAL REVENUE BULLETIN ON THE INTERNET You may view the Internal Revenue Bulletin on the Internet at www.irs.gov. Select Businesses. Under Businesses Topics, select More Topics. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD-ROM Internal Revenue Bulletins are available annually as partof Publication 1796 (Tax Products CD-ROM). The CD-ROM can be purchased from National Technical Information Service (NTIS) on the Internet at www.irs.gov/cdorders (discount for online orders) or by calling 1-877-233-6767. The first release is available in mid-December and the final release is available in late January. HOW TO ORDER Check the publications and/or subscription(s) desired on the reverse, complete the order blank, enclose the proper remittance, detach entire page, and mail to the Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BU LLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be p leased to hear from you. You can email us your suggestions orcomments through the IRS Internet Home Page (www.irs.gov) or write t o the IRS Bulletin Unit, SE:W:CAR:MP:T:M:S, Washington, DC 20224.
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