us-irs-revenue-procedures-irb-2001-21-pdf•Internal Revenue Bulletin 2001-21 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2001-21 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2001-21-pdfInternal Revenue Bulletin 2001-21 (PDF rendition): IRS Revenue ProceduresGuidance
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INCOME TAX Ct. D. 2069, page 1191. Pass-thru of items to shareholders. The Supreme Court has concluded that excluded discharge of indebtedness is an “item of income” and is therefore subject to pass-through to shareholders under section 1366 of the Code. Gitlitz et al. v. Commissioner of Internal Revenue. EXEMPT ORGANIZATIONS Announcement 2001–60, page 1287. A list is given of organizations now classified as private foun- dations. ADMINISTRATIVE Rev. Proc. 2001–32, page 1197. Magnetic media; electronic filing; 2001 form specifi- cations. Specifications are set forth for the magnetic or electronic filing of 2001 Forms 1098, 1099, 5498, and W-2G. Rev. Proc. 2000–25 superseded. Announcement 2001–54, page 1284. The Service announces that an updated edition of Publication 538, Accounting Periods and Methods(revised April 2001), is now available. Announcement 2001–55, page 1284. This document contains corrections to final regulations (T.D. 8881, 2000–23 I.R.B. 1158) relating to withholding of tax on certain U.S. source income paid to foreign persons and related requirements governing the collection, deposit, refunds, and credits of withheld amounts under sections 1461 through 1463 of the Code. Announcement 2001–56, page 1286. This document contains corrections to final regulations (T.D. 8929, 2001–10 I.R.B. 756) providing guidance on methods of accounting for long-term contracts. Internal Revenue bbuulllleettiinn Bulletin No. 2001–21 May 21, 2001 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. Department of the Treasury Internal Revenue Service Finding Lists begin on page ii. May 21, 20012001–21 I.R.B. The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing offi- cial rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are consolidated 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, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. 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Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The first 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 first Bulletin of the succeeding semi- annual period, respectively. The IRS Mission Provide America’s taxpayers top quality service by help- ing them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. Introduction The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402. Section 1366.—Pass-Thru of Items to Shareholders Ct. D. 2069 SUPREME COURT OF THE UNITED STATES No. 99–1295 GITLITZ ET AL. v. COMMISSIONER OF INTERNAL REVENUE CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT January 9, 2001 Syllabus Shareholders of a corporation taxed under Subchapter S of the Internal Revenue Code may elect a “pass-through” taxation system, under which the corporation’s prof- its pass through directly to its shareholders on a pro ratabasis and are reported on the shareholders’ individual tax returns. 26 U.S.C. section 1366(a)(1)(A). To prevent double taxation of distributed income, shareholders may increase their corporate bases by certain items of income. Section 1367(a)(1)(A). Corporate losses and deduc- tions are passed through in a similar manner, section 1366(a)(1)(A), and the shareholders’ bases in the S corporation’s stock and debt are decreased accordingly, sections 1367(a)(2)(B), 1367(b)(2)(A). However, to the extent that such losses and deductions exceed a shareholder’s basis in the S corpo- ration’s stock and debt, the excess is “sus- pended” until that basis becomes large enough to permit the deduction. Sections 1366(d)(1)–(2). In 1991, an insolvent S cor- poration in which petitioners David Gitlitz and Philip Winn were shareholders exclud- ed its entire discharge of indebtedness amount from gross income. On their tax returns, petitioners used their pro ratashare of the discharge amount to increase their bases in the corporation’s stock on the theo- ry that it was an “item of income” subject to pass-through. They used their increased bases to deduct corporate losses and deduc- tions, including suspended ones from previ- ous years. With the upward basis adjust- ments, they were each able to deduct the full amount of their pro ratashare of the corpo- ration’s losses. The Commissioner deter- mined that they could not use the corpora- tion’s discharge of indebtedness to increase their bases in the stock, and denied their loss deductions. The Tax Court ultimately agreed. In affirming, the Tenth Circuit assumed that excluded discharge of indebt- edness is an item of income subject to pass- through, but held that the discharge amount first had to be used to reduce certain tax attributes of the S corporation under section 108(b), and that only the leftover amount could be used to increase basis. Because the tax attribute to be reduced here (the corpo- ration’s net operating loss) equaled the dis- charged debt amount, that entire amount was absorbed by the reduction at the corpo- rate level, and nothing remained to be passed through to the shareholders. Held: 1. The statute’s plain language establishes that excluded discharged debt is an “item of income,” which passes through to share- holders and increases their bases in an S cor- poration’s stock. Section 61(a)(12) states that discharge of indebtedness is included in gross income. And section 108(a) provides only that the discharge ceases to be included in gross income when the S corporation is insolvent, not that it ceases to be an item of income, as the Commissioner contends. Not all items of income are included in gross income, see section 1366(a)(1), so an item’s mere exclusion from gross income does not imply that the amount ceases to be an item of income. Moreover, sections 101 through 136 employ the same construction to exclude various items from gross income, but not even the Commissioner encourages a reading that would exempt all such items from pass-through. Instead, the Commissioner asserts that discharge of indebtedness is unique because it requires no economic outlay on the taxpayer’s part, but can identify no statutory language that makes this distinction relevant. On the con- trary, the statute makes clear that section 108(a)’s exclusion does not alter the charac- ter of discharge of indebtedness as an item of income. Specifically, Sec. 108(e) pre- sumes that such discharge is always “income,” and that the only question for Sec. 108 purposes is whether it is includible in gross income. The Commissioner’s con- tentions that, notwithstanding the statute’s plain language, excluded discharge of indebtedness is not income and, specifically, that it is not “tax-exempt income” under Sec. 1366(a)(1)(A), do not alter the conclu- sion reached here. Pp. 5-9. 2. Pass-through is performed before the reduction of an S corporation’s tax attribut- es under section 108(b). The sequencing question presented here is important. If attribute reduction is performed before the discharge of indebtedness is passed through to the shareholders, the sharehold- ers’ losses that exceed basis are treated as the corporation’s net operating loss, and are then reduced by the amount of the dis- charged debt; in this case, no suspended losses would remain that would permit petitioners to take deductions. However, if it is performed afterthe discharged debt income is passed through, then the share- holders would be able to deduct their loss- es (up to the amount of the increase in basis caused by the discharged debt). Any sus- pended losses remaining then will be treat- ed as the S corporation’s net operating loss, and reduced by the discharged debt amount. Section 108(b)(4)(A) expressly addresses the sequencing question, direct- ing that the attribute reductions “shall be made afterthe determination of the tax imposed. . . for the taxable year of the dis- charge.” (Emphases added.) In order to determine the “tax imposed,” a sharehold- er must adjust his basis in S corporation stock and pass through all items of income and loss. Consequently the attribute reduc- tion must be made after the basis adjust- ment and pass-through. Petitioners must pass through the discharged debt, increase corporate bases, and then deduct their loss- es, all before any attribute reduction could occur. Because their basis increase is equal to their losses, they have no suspended losses remaining, and thus have no net operating losses to reduce. The primary arguments made in Courts of Appeals against this reading of the sequencing pro- vision are rejected. Pp. 9-13. 182 F. 3d 1143 reversed. THOMAS, J., delivered the opinion of the Court, in which REHNQUIST, C.J., and STEVENS, O’CONNOR, SCALIA, KENNEDY, SOUTER, and GINSBURG, JJ., joined. BREYER, J., filed a dissent- ing opinion. 2001–21 I.R.B.1191May 21, 2001 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 SUPREME COURT OF THE UNITED STATES No. 99–1295 DAVID A. GITLITZ, ET UX., ET AL., PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT [January 9, 2001] JUSTICE THOMAS delivered the opinion of the Court. The Commissioner of Internal Revenue assessed tax deficiencies against petitioners David and Louise Gitlitz and Philip and Eleanor Winn because they used nontaxed discharge of indebtedness to increase their bases in S corporation stock and to deduct suspended losses. In this case, we must answer two questions. First, we must decide whether the Internal Revenue Code (Code) permits taxpayers to increase bases in their S corporation stock by the amount of an S corporation’s discharge of indebtedness excluded from gross income. And second, if the Code permits such an increase, we must decide whether the increase occurs before or after taxpayers are required to reduce the S corporation’s tax attributes. I David Gitlitz and Philip Winn 1 were shareholders of P. D. W. & A., Inc., a corpo- ration that had elected to be taxed under sub- chapter S of the Code, 26 U.S.C. Sec. 1361- 1379 (1994 ed. and Supp. III). Subchapter S allows shareholders of qualified corporations to elect a “pass-through” taxation system under which income is subjected to only one level of taxation. See Bufferd v. Commissioner, 506 U. S. 523, 525 (1993). The corporation’s profits pass through directly to its shareholders on a pro rata basis, and are reported on the shareholders’ individual tax returns. See section 1366(a)(1)(A). 2 To prevent double taxation of income upon distribution from the corpo- ration to the shareholders, section 1367(a)(1)(A) permits shareholders to increase their corporate bases by items of income identified in section 1366(a) (1994 ed. and Supp. III). Corporate losses and deductions are passed through in a similar manner, see section 1366(a)(1)(A), and the shareholders’ bases in the S corporation’s stock and debt are decreased accordingly, see sections 1367(a)(2)(B), 1367(b)(2)(A). However, a shareholder cannot take corpo- rate losses and deductions into account on his personal tax return to the extent that such items exceed his basis in the stock and debt of the S corporation. See section 1366(d)(1) (Supp. III). If those items exceed the basis, the excess is “suspended” until the share- holder’s basis becomes large enough to per- mit the deduction. See sections 1366(d)(1)(2) (1994 ed. and Supp. III). In 1991, P. D. W. & A. realized $2,021,296 of discharged indebtedness. At the time, the corporation was insolvent in the amount of $2,181,748. Because it was insolvent even after the discharge of indebtedness was added to its balance sheet, P. D. W. & A. excluded the entire discharge of indebtedness amount from gross income under 26 U.S.C. section 108(a) and 108(d)(7)(A). On their tax returns, Gitlitz and Winn increased their bases in P. D. W. & A. stock by their pro ratashare (50 percent each) of the amount of the corporation’s discharge of indebt- edness. Petitioners’ theory was that the discharge of indebtedness was an “item of income” subject to pass-through under section 1366(a)(1)(A). They used their increased bases to deduct on their person- al tax returns corporate losses and deduc- tions, including losses and deductions from previous years that had been sus- pended under section 1366(d). Gitlitz and Winn each had losses (including suspend- ed losses and operating losses) that totaled $1,010,648. With the upward basis adjustments of $1,010,648 each, Gitlitz and Winn were each able to deduct the full amount of their pro rata share of P. D. W. & A.’s losses. The Commissioner determined that petitioners could not use P. D. W. & A.’s discharge of indebtedness to increase their bases in the stock, and denied petitioners’ loss deductions. Petitioners petitioned the Tax Court to review the deficiency deter- minations. The Tax Court, in its initial opinion, granted relief to petitioners and held that the discharge of indebtedness was an “item of income,” and therefore could support a basis increase. See Winn v. Commissioner, 73 TCM 3167 (1997), Par. 97,286 RIA Memo withdrawn and reissued, 75 TCM 1840 (1998), Par. 98,071 RIA Memo TC. In light of the Tax Court’s decision in Nelson v. Commissioner, 110 T.C. 114 (1998), aff’d, 182 F. 3d 1152 (CA10 1999), 3 how- ever, the Tax Court granted the Commissioner’s motion for reconsidera- tion and held that shareholders may not use an S corporation’s untaxed discharge of indebtedness to increase their bases in corporate stock. See Winn v. Commissioner, 75 TCM 1840 (1998), Par. 98,071 RIA Memo TC. The Court of Appeals affirmed. See 182 F. 3d 1143 (CA10 1999). It assumed that excluded discharge of indebtedness is an item of income subject to pass-through to shareholders pursuant to section 1366(a)(1)(A), id.at 1148, 1151, n. 7, but held that the discharge of indebtedness amount first had to be used to reduce cer- tain tax attributes of the S corporation under section 108(b), and that only the leftover amount could be used to increase basis. 4 The Court of Appeals explained that, because the tax attribute to be reduced (in this case the corporation’s net operating loss) was equal to the amount of discharged debt, the entire amount of dis- charged debt was absorbed by the reduc- tion at the corporate level, and nothing remained of the discharge of indebtedness to be passed through to the shareholders under section 1366(a)(1)(A). Id. at 1151. Because Courts of Appeals have disagreed on how to treat discharge of indebtedness of an insolvent S corporation, compare Gaudiano v. Commissioner, 216 F. 3d 524, 535 (CA6 2000) (holding that tax attribut- May 21, 200111922001–21 I.R.B. 1 Each man filed a joint tax return with his wife. 2 Section 1366(a)(1) provides: “In determining the tax under this chapter of a share- holder for the shareholder’s taxable year in which the taxable year of the S corporation ends . . . , there shall be taken into account the shareholder’s pro ratashare of the corporation’s — “(A) items of income (including tax-exempt income), loss, deduction, or credit the separate treatment of which could affect the liability for tax of any shareholder . . . .” 3 In Nelson, the Tax Court held that excluded discharge of indebtedness does not pass through to an S corpora- tion’s shareholders because section 108 is an exception to normal S corporation pass-through rules. Specifically, the court held that, because section 108(d)(7)(A) requires that “subsections (a) [and (b) of section 108] shall be applied at the corporate level” in the case of an S corporation, it precludes any pass- through of the discharge of indebtedness to the share- holderlevel. See Nelson, 110 T.C. at 121-124. 4 Section 108(b)(1) reads: “The amount excluded from gross income under [section 108(a)(1)] shall be applied to reduce the tax attributes of the taxpayer. . . .” es are reduced before excluded discharged debt income is passed through to share- holders), cert. pending, No. 00–459, Witzel v. Commissioner, 200 F. 3d 496, 498 (CA7 2000) (same), cert. pending, No. 99–1693, and 182 F. 3d at 1150 (case below), with United States v. Farley, 202 F. 3d 198, 206 (CA3 2000) (holding that excluded dis- charged debt income is passed through to shareholders before tax attributes are reduced), cert. pending, No. 99–1675; see also Pugh v. Commissioner, 213 F. 3d 1324, 1330 (CA11 2000) (holding that excluded discharged debt income is sub- ject to pass-through and can increase basis), cert. pending, No. 00–242, we granted certiorari. 529 U.S. 1097 (2000). II Before we can reach the issue addressed by the Court of Appeals — whether the increase in the taxpayers’ corporate bases occurs before or after the taxpayers are required to reduce the S corporation’s tax attributes — we must address the argument raised by the Commissioner. 5 The Commissioner argues that the discharge of indebtedness of an insolvent S corporation is not an “item of income,” and thus never passes through to shareholders. Under a plain reading of the statute, we reject this argument and conclude that excluded dis- charged debt is indeed an “item of income” which passes through to the shareholders and increases their bases in the stock of the S corporation. Section 61(a)(12) states that discharge of indebtedness generally is included in gross income. Section 108(a)(1) provides an express exception to this general rule: “Gross income does not include any amount which (but for this subsec- tion) would be includible in gross in- come by reason of the discharge . . . of indebtedness of the taxpayer if – * * * * * “(B) the discharge occurs when the taxpayer is insolvent.” The Commissioner contends that this exclusion from gross income alters the character of the discharge of indebtedness so that it is no longer an “item of income.” However, the text and structure of the statute do not support the Commissioner’s theory. Section 108(a) simply does not say that discharge of indebtedness ceases to be an item of incomewhen the S corporation is insol- vent. Instead, it provides only that dis- charge of indebtedness ceases to be included in gross income.Not all items of income are included in gross income, see section 1366(a)(1) (providing that “items of income,” including “tax- exempt” income, are passed through to shareholders), so mere exclusion of an amount from gross income does not imply that the amount ceases to be an item of income. Moreover, sections 101 through 136 employ the same construc- tion to exclude various items from gross income: “Gross income does not include . . . .” The consequence of reading this language in the manner suggested by the Commissioner would be to exempt all items in these sections from pass-through under section 1366. However, not even the Commissioner encourages us to reach this sweeping conclusion. Instead, the Commissioner asserts that discharge of indebtedness is unique among the types of items excluded from gross income because no economic outlay is required of the taxpayer receiving discharge of indebtedness. But the Commissioner is unable to identify language in the statute that makes this distinction relevant, and we certainly find none. On the contrary, the statute makes clear that section 108(a)’s exclusion does not alter the character of discharge of indebt- edness as an item of income. Specifically, section 108(e)(1) reads: “Except as otherwise provided in this section, there shall be no insolvency exception from the general rule that gross income includes income from the discharge of indebtedness.” This provision presumes that discharge of indebtedness is always “income,” and that the only question for purposes of section 108 is whether it is includible in gross income. If discharge of indebtedness of insolvent entities were not actually “income,” there would be no need to pro- vide an exception to its inclusion in gross income; quite simply, if discharge of indebtedness of an insolvent entity were not “income,” it would necessarily not be included in gross income. Notwithstanding the plain language of the statute, the Commissioner argues, gen- erally, that excluded discharge of indebted- ness is not income and, specifically, that it is not “tax-exempt income” under section 1366(a)(1)(A). 6 First, the Commissioner argues that section 108 merely codified the “judicial insolvency exception,” and that, under this exception, discharge of indebted- ness of an insolvent taxpayer was not con- sidered income. The insolvency exception was a rule that the discharge of indebted- ness of an insolvent taxpayer was not tax- able income. See, e.g., Dallas Transfer & Terminal Warehouse Co. v. Commissioner, 70 F. 2d 95 (CA5 1934); Astoria Marine Construction Co. v. Commissioner, 12 T.C. 798 (1949). But the exception has since been limited by section 108(e). Section 108(e) precludes us from relying on any understanding of the judicial insolvency 2001–21 I.R.B.1193May 21, 2001 5 The Commissioner has altered his arguments throughout the course of this litigation. According to the Tax Court, during the first iteration of this case, the Commissioner made several arguments but then settled on a “final” one — that the dis- charge of indebtedness of the insolvent S corpora- tion was not an “item of income,” see 73 TCM 3167 (1997), Par. 97,286 RIA Memo TC. In the Court of Appeals, the Commissioner argued instead that, because any pass-through of excluded discharge of indebtedness to petitioners took place after any reduction of tax attributes and by then the income would have been fully absorbed by the tax attributes, no discharged debt remained to flow through to petitioners. The Commissioner relegat- ed to a footnote his argument that discharge of indebtedness is not an “item of income.” See Brief for Appellee in Nos. 98-9009 and 98-9010 (CA10), p. 33, n. 14. 6 The Commissioner also contends, as does the dis- sent, that because section 108(d)(7)(A) mandates that the discharged debt amount be determined and applied to reduce tax attributes “at the corporate level,” rather than at the shareholder level, the dis- charged debt, even if it is some type of income, sim- ply cannot pass through to shareholders. In other words, the Commissioner contends that section 108(d)(7)(A) excepts excluded discharged debt from the general pass-through provisions for S corpora- tions. However, section 108(d)(7)(A) merely directs that the exclusion from gross income and the tax attribute reduction be made at the corporate level. Section 108(d)(7)(A) does not state or imply that the debt discharge provisions shall apply only “at the cor- porate level.” The very purpose of Subchapter S is to tax at the shareholder level, not the corporate level. Income is determined at the S corporation level, see section 1363(b) not in order to tax the corporation, see section 1363(a) (exempting an S corporation from income tax), but solely to pass through to the S cor- poration’s shareholders the corporation’s income. Thus, the controlling provision states that, in deter- mining a shareholder’s liability, “there shall be taken into account the shareholder’s pro ratashare of the corporation’s . . . items of income (including tax- exempt income). . . .” Section 1366(a)(1). Nothing in section 108(d)(7)(A) suspends the operation of these ordinary pass-through rules. May 21, 200111942001–21 I.R.B. exception that was not codified in section 108. And, as explained above, the language and logic of section 108 clearly establish that, although discharge of indebtedness of an insolvent taxpayer is not included in gross income, it is nevertheless income. The Commissioner also relies on a Treasury Regulation to support his theory that no income is realized from the dis- charge of the debt of an insolvent: “Proceedings under Bankruptcy Act. “(1) Income is not realized by a taxpayer by virtue of the discharge, under section 14 of the Bankruptcy Act (11 U.S.C. 32), of his indebted- ness as the result of an adjudication in bankruptcy, or by virtue of an agreement among his creditors not consummated under any provision of the Bankruptcy Act, if immediately thereafter the taxpayer’s liabilities exceed the value of his assets.” 26 CFR section 1.61–12(b) (2000). Even if this regulation could be read (countertextually) to apply outside the bankruptcy context, it merely states that “[i]ncome is not realized.” The regulation says nothing about whether discharge of indebtedness is income subject to pass- through under section 1366. Second, the Commissioner argues that excluded discharge of indebtedness is not “tax-exempt” income under section 1366(a)(1)(A), but rather “tax-deferred” income. According to the Commissioner, because the taxpayer is required to reduce tax attributes that could have provided future tax benefits, the taxpayer will pay taxes on future income that otherwise would have been absorbed by the forfeit- ed tax attributes. Implicit in the Commissioner’s labeling of such income as “tax-deferred,” however, is the erro- neous assumption that section 1366(a)(1)(A) does not include “tax- deferred” income. Section 1366 applies to “items of income.” This section expressly includes “tax-exempt” income, but this inclusion does not mean that the statute must therefore exclude “tax- deferred” income. The section is worded broadly enough to include any item of income, even tax-deferred income, that “could affect the liability for tax of any shareholder.” Section 1366(a)(1)(A). Thus, none of the Commissioner’s con- tentions alters our conclusion that dis- charge of indebtedness of an insolvent S corporation is an item of income for pur- poses of section 1366(a)(1)(A). III Having concluded that excluded dis- charge of indebtedness is an “item of income” and is therefore subject to pass- through to shareholders under section 1366, we must resolve the sequencing question addressed by the Court of Appeals — whether pass-through is per- formed before or after the reduction of the S corporation’s tax attributes under sec- tion 108(b). Section 108(b)(1) provides that “[t]he amount excluded from gross income under [Section 108(a)] shall be applied to reduce the tax attributes of the taxpayer as provided [in this section].” Section 108(b)(2) then lists the various tax attributes to be reduced in the order of reduction. The first tax attribute to be reduced, and the one at issue in this case, is the net operating loss. See section 108(b)(2)(A). Section 108(d)(7)(B) spec- ifies that, for purposes of attribute reduc- tion, the shareholders’ suspended losses for the taxable year of discharge are to be treated as the S corporation’s net operat- ing loss. If tax attribute reduction is per- formed beforethe discharge of indebted- ness is passed through to the shareholders (as the Court of Appeals held), the share- holders’ losses that exceed basis are treat- ed as the corporation’s net operating loss and are then reduced by the amount of the discharged debt. In this case, no suspend- ed losses would remain that would permit petitioners to take deductions. 7 If, how- ever, attribute reduction is performed after the discharged debt income is passed through (as petitioners argue), then the shareholders would be able to deduct their losses (up to the amount of the increase in basis caused by the discharged debt). Any suspended losses remaining then will be treated as the S corporation’s net operat- ing loss and will be reduced by the amount of the discharged debt. Therefore the sequence of the steps of pass-through and attribute reduction determines whether petitioners here were deficient when they increased their bases by the discharged debt amount and deducted their losses. The sequencing question is expressly addressed in the statute. Section 108(b)(4)(A) directs that the attribute reductions “shall be made afterthe deter- mination of the tax imposedby this chap- ter for the taxable year of the discharge.” (Emphases added.) See also section 1017(a) (applying the same sequencing when section 108 attribute reduction affects basis of corporate property). In order to determine the “tax imposed,” an S corporation shareholder must adjust his basis in his corporate stock and pass through all items of income and loss. See sections 1366, 1367 (1994 ed. and Supp III). Consequently, the attribute reduction must be made afterthe basis adjustment and pass-through. In the case of petition- ers, they must pass through the discharged debt, increase corporate bases, and then deduct their losses, all before any attribute reduction could occur. Because their basis increase is equal to their losses, peti- tioners have no suspended losses remain- ing. They therefore, have no net operating losses to reduce. Although the Commissioner has now abandoned the reasoning of the Court of Appeals below, 8 we address the primary 7 Under this scenario, the shareholders’ losses would be reduced by the discharge of indebtedness. However, it is unclear precisely what would happen to the discharge of indebtedness. The Court of Appeals below stated that the discharged debt would be “absorbed” by the reduction to the extent of the net operating loss and that therefore only the excess excluded discharged debt would remain to pass through to the shareholders. 182 F. 3d at 1149. In contrast, another Court of Appeals suggested, albeit in dictum, that the full amount of the discharge might still pass through to the shareholder and be used to increase basis; the discharged debt amount would reduce the net operating loss but would not be absorbed by it. Witzel v. Commissioner, 200 F. 3d 496, 498 (CA7 2000). We need not resolve this issue, because we conclude that the discharge of indebtedness passes through before any attribute reduction takes place. 8 The Commissioner has abandoned his argument related to the sequencing issue before this Court. This abandonment is particularly odd given that the sequencing issue predominated in the Commissioner’s argument to the Court of Appeals. Notwithstanding the Commissioner’s attempt at oral argument to distance himself from the reasoning of the Court of Appeals on this issue—the Commissioner represented to us that the Court of Appeals developed its reading of the statute sua sponte, Tr. of Oral Arg. 22-24, 27—it is apparent from the Commissioner’s brief in the Court of Appeals that the Commissioner suppliedthe very sequencing theo- ry that the Court of Appeals adopted. Compare, e.g., Brief for Appellee in Nos. 98-9009 and 98-9010 (CA10), p. 28 (“First, the discharge of indebtedness income that is excluded under Section 108(a) at 2001–21 I.R.B.1195May 21, 2001 arguments made in the Courts of Appeals against petitioners’ reading of the sequencing provision. First, one court has expressed the concern that, if the dis- charge of indebtedness is passed through to the shareholder beforethe tax attributes are reduced, then there can never be any discharge of indebtedness remaining “at [the] corporate level,” section 108(d)(7)(A), by which to reduce tax attributes. 9 Gaudiano, 216 F. 3d at 533. This concern presumes that tax attributes can be reduced only if the discharge of indebtedness itself remains at the corpo- rate level. The statute, however, does not impose this restriction. Section 108(b)(1) requires only that the tax attributes be reduced by “[t]he amountexcluded from gross income,” (emphasis added), and that amount is not altered by the mere pass- through of the income to the shareholder. Second, courts have discussed the poli- cy concern that, if shareholders were per- mitted to pass through the discharge of indebtedness before reducing any tax attributes, the shareholders would wrong- ly experience a “double windfall”: They would be exempted from paying taxes on the full amount of the discharge of indebt- edness, and they would be able to increase basis and deduct their previously suspend- ed losses. See, e.g., 182 F. 3d at 1147–1148. Because the Code’s plain text permits the taxpayers here to receive these benefits, we need not address this policy concern. 10 * * * * The judgment of the Court of Appeals, accordingly, is reversed. It is so ordered. SUPREME COURT OF THE UNITED STATES No. 99-1295 DAVID A. GITLITZ, ET UX., ET AL., PETITIONERS v. COMMISSIONER OF INTERNAL REVENUE ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT [January 9, 2001] JUSTICE BREYER, dissenting. I agree with the majority’s reasoning with the exception of footnotes 6 and 10. The basic statutory provision before us is 26 U.S.C. section 108 — the provision that excludes from the “gross income” of any “insolvent” taxpayer, income that cancellation of a debt (COD) would oth- erwise generate. As the majority acknowledges, however, anteat 7, n. 6, section 108 contains a subsection that sets forth a special exception. The exception, entitled “Special rules for S corporation,” says: “(A) Certain provisions to be applied at corporate level. “In the case of an S corporation, sub- sections (a), (b), (c), and (g) shall be applied at the corporate level.” 26 U.S.C. section 108(d)(7)(A). If one reads this language literally as exclusive, both the COD exclusion (Section 108(a)) and the tax attribute reduction (Section 108(b)) would apply only “at the corporate level.” Hence the COD income would not flow through to S corporation shareholders. Consequently, the insolvent S corporation’s COD income would not increase the sharehold- er’s basis, and would not help the share- holder take otherwise unavailable deduc- tions for suspended losses. The Commissioner argues that we should read the language in this way as preventing the flow-through of the corpo- ration’s COD income. Brief for United States 27. He points to the language of a House Committee, which apparently thought, when Congress passed an amendment to section 108, that the Commissioner’s reading is correct. H. R. Rep. No. 103–111, pp. 624–625 (1993) (“[T]he exclusion and basis reduction are both made at the S corporation level (sec- tion 108(d)(7)). The shareholders’ basis in their stock is not adjusted by the amount of debt discharge income that is excluded at the corporate level”). At least one commentator believes the same. See Loebl, Does the Excluded COD Income of an Insolvent S Corporation Increase the Basis of the Shareholders’ Stock?, 52 U. Fla. L. Rev. 957, 981–988 (2000). But see Lockhart & Duffy, Tax Court Rules in Nelsonthat S Corporation Excluded COD Income Does Not Increase Shareholder Stock Basis, 25 Wm. Mitchell L. Rev. 287 (1999). The Commissioner finds support for his literal, exclusive reading of section 108(d)(7)(A)’s language in the fact that his reading would close a significant tax loophole. That loophole — preserved by the majority — would grant a solvent shareholder of an insolvent S corporation a tax benefit in the form of permission to 10 The benefit at issue in this case arises in part because section 108(d)(7)(A) permits the exclusion of discharge of indebtedness income from gross income for an insolvent S corporation even when the S corporation shareholder is personally solvent. We are aware of no other instance in which section 108 directly benefits a solvent entity. However, the result is required by statute. Between 1982 and 1984, section 108 provided that the exclusion from gross income and the reduction in tax attributes occurred at the shareholder level. See Subchapter S Revision Act of 1982, Pub. L. No. 97-354, section 3(e), 96 Stat. 1689. This provision, which paralleled the current taxation of partnerships at the partner level, see 26 U.S.C. section 108(d)(6), prevented solvent shareholders from benefiting as a result of their S corporation’s insolvency. In 1984, however, Congress amended the Code to provide that section 108 be applied “at the corporate level.” Tax Reform Act of 1984, Pub. L. No. 98-369, section 721(b), 98 Stat. 966. It is as a direct result of this amendment that the solvent petitioners in this case are able to benefit from section 108’s exclusion. the corporate level is temporarily set aside and has no tax consequences .... Second, PDW & A computes its tax attributes, i.e., taxpayers’ suspended losses. Third, the excluded discharge of indebtedness income is applied against and eliminates the suspended losses. Because the excluded income is applied against — and offset by — the suspended losses, no item of income flows through to taxpayers under Section 1366(a), and no upward basis adjustment is made under Section 1367(a)” (citations omitted)), with, e.g., 182 F. 3d at 1151 (“PDW & A first must compute its discharge of indebtedness income and set this figure aside temporarily. The corporation then must calcu- late its net operating loss tax attribute. . . . Finally, the corporation must apply the excluded discharged debt to reduce its tax attributes. In this case, the net oper- ating loss tax attribute fully absorbs the corporation’s excluded discharge of indebtedness income. Thus, there are no items of income to pass through to Gitlitz and Winn”). 9 Similar to this argument is the contention that, in cases such as this one in which the shareholders’ sus- pended losses are fully deducted before attribute reduction could take place, no net operating loss remains and no attribute reduction can occur, thus ren- dering section 108(b) inoperative. However, there will be other cases in which section 108(b) will be inoper- ative. In particular, if a taxpayer has no tax attributes at all, there will be no reduction. Certainly the statute does not condition the exclusion under section 108(a) on the ability of the taxpayer to reduce attributes under section 108(b). Likewise, in the case of shareholders similarly situated to petitioners in this case, there is also the possibility that other attributes, see sections 108(b)(2)(B)-(G), could be reduced. May 21, 200111962001–21 I.R.B. take an otherwise unavailable deduction, thereby sheltering other, unrelated income from tax. See Witzel v. Commissioner, 200 F. 3d 496, 497 (CA7 2000) (Posner, C. J.) (“It is hard to understand the ratio- nale for using a tax exemption to avoid taxation not only on the income covered by the exemption but also on unrelated income that is not tax exempt”). Moreover, the benefit often would increase in value as the amount of COD income increases, a result inconsistent with congressional intent to impose a “price” (attribute reduction), see Lipton, Different Courts Adopt Different Approaches to the Impact of COD Income on S Corporations, 92 J. Tax. 207 (2000), on excluded COD. Further, this deduc- tion-related tax benefit would have very different tax consequences for identically situated taxpayers, depending only upon whether a single debt can be split into seg- ments, each of which is canceled in a dif- ferent year. For example, under the majority’s interpretation, a $1 million debt canceled in one year would permit Taxpayer A to deduct $1 million of sus- pended losses in that year, thereby permit- ting A to shelter $1 million of unrelated income in that year. But because section 108 reduces tax attributes after the first year, five annual cancellations of $200,000 will not create a $1 million shel- ter. Timing is all-important. The majority acknowledges some of these policy concerns and confesses igno- rance of any “other instance in which sec- tion 108 directly benefits a solvent entity,” but claims that its reading is mandated by the plain text of section 108(d)(7)(A), and therefore that the Court may disregard the policy consequences. Ante at 13 and n. 10. It is difficult, however, to see why we should interpret that language as treat- ing different solvent shareholders differ- ently, given that the words “at the corporate level” were added “[i]n order to treat all shareholders in the same manner.” H. R. Rep. No. 98–432, pt. 2, p. 1640 (1984). And it is more difficult to see why, given the fact that the “plain language” admits either interpretation, we should ignore the policy consequences. See Commissioner v. Gillette Motor Transport, Inc., 364 U. S. 130, 134–135 (1960) (abandoning literal meaning of 26 U. S .C. section 1221 (1958 ed.) for a reading more consistent with con- gressional intent). Accord, Commissioner v. P. G. Lake, Inc., 356 U. S. 260, 264–267 (1958); Corn Products Refining Co. v. Commissioner, 350 U. S. 46, 51–52 (1955); Hort v. Commissioner, 313 U. S. 28, 30–31 (1941). The arguments from plain text on both sides here produce ambiguity, not certain- ty. And other things being equal, we should read ambiguous statutes as clos- ing, not maintaining, tax loopholes. Such is an appropriate understanding of Congress’ likely intent. Here, other things are equal, for, as far as I am aware, the Commissioner’s literal interpretation of section 108(d)(7)(A) as exclusive would neither cause any tax-related harm nor create any statutory anomaly. Petitioners argue that it would create a linguistic inconsistency, for they point to a Treasury Regulation that says that the Commissioner will apply hobby loss lim- itations under section 183 “at the corpo- rate level in determining” allowable deductions, while, presumably, nonethe- less permitting the deduction so limited to flow through to the shareholder. Treas. Reg. section 1.183–1(f), 26 CFR section 1.183–1(f) (2000). But we are concerned here with the “application” of an exclu- sion, not with “determining” the amount of a deduction. Regardless, the regula- tion’s use of the words “at the corporate level,” like the three other appearances of the formulation “applied” or “deter- mined” “at the corporate level” in the Code, occur in contexts that are so very different from this one that nothing we say here need affect their interpretation. See 26 U. S. C. section 49(a)(1)(E)(ii)(I) (determining whether financing is recourse financing); 26 U. S. C. section 264(f)(5)(B) (1994 ed., Supp. IV) (deter- mining how to allocate interest expense to portions of insurance policies); 26 U. S. C. section. 302(e)(1)(A) (determin- ing whether a stock distribution shall be treated as a partial liquidation). If there are other arguments militating in favor of the majority’s interpretation, I have not found them. The majority, in footnote 6, says that the words “at the corporate level” in sec- tion 108(d)(7)(A) apply to the exclusion of COD income from corporate income and to “tax attribute reduction” but do not “suspen[d] the operation of . . . ordinary pass-through rules” because section 108(d)(7)(A) “does not state or imply that the debt discharge provisions shall apply only‘at the corporate level.’” It is the majority, however, that should explain why it reads the provision as nonexclusive (where, as here, its interpretation of the Code results in the “practical equivalent of [a] double deduction,” Charles Ilfeld Co. v. Hernandez, 292 U. S. 62, 68 (1934)). See United States v. Skelly Oil Co., 394 U. S. 678, 684 (1969) (requiring “clear declaration of intent by Congress” in such circumstances). I do not contend that section 108(d)(7)(A) mustbe read as having exclusive effect, only that, given the alternative, this interpretation pro- vides the best reading of section 108 as a whole. And I can find no “clear declara- tion of intent by Congress” to support the majority’s contrary conclusion regarding section 108(d)(7)(A)’s effect. It is that conclusion from which, for the reasons stated, I respectfully dissent. 2001–21 I.R.B.1197May 21, 2001 Rev. Proc. 2001–32 NOTE: Following is a list of related instructions and forms for filing Information Returns Magnetically/Electronically pro- vided in the back of this publication: •General Instructions for Forms 1099, 1098, 5498, and W-2G •Specific Instructions for Individual Information Returns •Form 4419 - Application for Filing Information Returns Magnetically/Electronically •Form 4804 - Transmittal of Information Returns Reported Magnetically •Form 8508 - Request for Waiver From Filing Information Returns on Magnetic Media (Forms W-2, W-2G, 1042-S, 1098, 1099, 5498, and 8027) •Form 8809 - Request for Extension of Time To File Information Returns (Forms W-2, W-2G, 1042-S, 1098, 1099, 5498, and 8027) •Notice 210 - Preparation Instructions for Media Labels The Internal Revenue Service, Martinsburg Computing Center encourages filers to make copies of the blank forms in the back of this publication for future use. These forms can also be obtained by calling 1-800-829-3676 or via the Internet at www.irs.gov. Use this Revenue Procedure to prepare Tax Year 2001 and prior year information returns for submission to Internal Revenue Service (IRS) using any of the following: - Magnetic Tape - Tape Cartridge - 8mm, 4mm, and Quarter Inch Cartridges (QIC) - 3 1/2-Inch Diskette - Electronic Filing Caution to filers: Please read this publication carefully. Persons or businesses required to file information returns magnetically or electroni- cally may be subject to penalties for failure to file or include correct information if they do not follow the instructions in this Revenue Procedure. IMPORTANTNOTES: IRS/MCC is no longer returning problem media in need of replacement. See Part A, Sec. 2, .03, c, for details. Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable type of media for submitting Information Returns to IRS/MCC. See Part A, Sec. 2, .02, a. (4) and Part B. Table of Contents Part A. General Section 1. Purpose Section 2. Nature of Changes - Current Year (Tax Year2001) Section 3. Where to File and How to Contact the IRS, Martinsburg Computing Center Section 4. Filing Requirements Section 5. Form 8508, Request for Waiver From Filing Information Returns on Magnetic Media Section 6. Vendor List Section 7. Form 4419, Application for Filing Information Returns Magnetically/Electronically Section 8. Test Files Section 9. Filing of Information Returns Magnetically and Retention Requirements Part III. Administrative, Procedural, and Miscellanous May 21, 200111982001–21 I.R.B. Section 10. Due Dates Section 11. Extensions of Time Section 12. Processing of Information Returns Magnetically Section 13. Corrected Returns Section 14. Taxpayer Identification Number (TIN) Section 15. Effect on Paper Returns and Statements to Recipients Section 16. Combined Federal/State Filing Program Section 17. Definition of Terms Section 18. State Abbreviations Section 19. Major Problems Encountered Part B. Magnetic Media Specifications Section 1. General Section 2. Tape Specifications Section 3. Tape Cartridge Specifications Section 4. 8mm, 4mm, and Quarter-Inch Cartridge Specifications Section 5. 3 1/2-Inch Diskette Specifications Section 6. Transmitter “T” Record - General Field Descriptions Section 7. Transmitter “T” Record - Record Layout Section 8. Payer “A” Record - General Field Descriptions Section 9. Payer “A” Record - Record Layout Section 10. Payee “B” Record - General Field Descriptions and Record Layouts (l)Payee “B” Record - Record Layout Positions 544-750 for Forms 1098 (2)Payee “B” Record - Record Layout Positions 544-750 for Form 1098-E (3)Payee “B” Record - Record Layout Positions 544-750 for Form 1098-T (4)Payee “B” Record - Record Layout Positions 544-750 for Form 1099-A (5) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-B (6)Payee “B” Record - Record Layout Positions 544-750 for Form 1099-C (7)Payee “B” Record - Record Layout Positions 544-750 for Form 1099-DIV (8)Payee “B” Record - Record Layout Positions 544-750 for Form 1099-G (9)Payee “B” Record - Record Layout Positions 544-750 for Form 1099-INT (10) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-LTC (11) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MISC (12) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MSA (13) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-OID (14) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-PATR (15) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-R (16) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-S (17) Payee “B” Record - Record Layout Positions 544-750 for Form 5498 (18) Payee “B” Record - Record Layout Positions 544-750 for Form 5498-MSA (19) Payee “B” Record - Record Layout Positions 544-750 for Form W-2G Section 11. End of Payer “C” Record - General Field Descriptions and Record Layout Section 12. State Totals “K” Record - General Field Descriptions and Record Layout Section 13. End of Transmission “F” Record - General Field Descriptions and Record Layout Part C. Electronic Filing Specifications Section 1. Background Section 2. Advantages of Filing Electronically Section 3. General Section 4. Electronic Filing Approval Procedure Section 5. Test Files Section 6. Electronic Submissions Section 7. PIN Requirements Section 8. Electronic Filing Specifications 2001–21 I.R.B.1199May 21, 2001 Section 9. Dial-up Network/Browser Specifications (Web Interface) Section 10. Communication Software Specifications (Text Interface) Section 11. Modem Configuration Section 12. Common Problems Associated with Electronic Filing Part D. Magnetic/Electronic Specifications for Extensions of Time Section 1. General Section 2. Magnetic Tape, Tape Cartridge, 8mm, 4mm, and QIC (Quarter Inch Cartridge), 3 1/2-inch Diskette, and Electronic Specifications Section 3. Record Layout – Extension of Time Part E. Miscellaneous Information Section 1. Addresses for Martinsburg Computing Center Section 2. Telephone Numbers for Contacting IRS/MCC May 21, 200112002001–21 I.R.B. 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 Martinsburg Computing Center Attn: Information Reporting Program 230 Murall Drive Kearneysville, WV 25430 Sec. 1. Purpose .01The purpose of this Revenue Procedure is to provide the specifications for filing Forms 1098, 1099, 5498, and W-2G with IRS magnetically or electronically, using 1/2 -inch 9 track tape, IBM 3480, 3490, 3490E, 3590, 3590E, or AS400 compatible tape cartridges (including 4mm, 8mm & QIC), or 3 1/2-inch diskettes or electronically through the IRS FIRE System. Beginning in cal- endar year 2003 for tax year 2002, IRS/MCC will no longer process 1/2 -inch 9 track magnetic tape.This Revenue Procedure must be used for the preparation of Tax Year 2001information returns and information returns for tax years prior to 2001that are required to be filed. This Revenue Procedure must be used to prepare current and prior year information returns filed beginning January 1, 2002, and received by IRS/MCC or postmarked by December 15, 2002.Specifications for filing the following forms are contained in this Revenue Procedure. (a)Form 1098, Mortgage Interest Statement (b)Form 1098-E, Student Loan Interest Statement (c)Form 1098-T, Tuition Payments Statement (d)Form 1099-A, Acquisition or Abandonment of Secured Property (e)Form 1099-B, Proceeds From Broker and Barter Exchange Transactions (f)Form 1099-C, Cancellation of Debt (g)Form 1099-DIV, Dividends and Distributions (h)Form 1099-G, Certain Government and Qualified State Tuition Program Payments (i)Form 1099-INT, Interest Income (j)Form 1099-LTC, Long-Term Care and Accelerated Death Benefits (k)Form 1099-MISC, Miscellaneous Income (l)Form 1099-MSA, Distributions From an MSA or Medicare+Choice MSA (m)Form 1099-OID, Original Issue Discount (n)Form 1099-PATR, Taxable Distributions Received From Cooperatives (o)Form 1099-R, Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. (p)Form 1099-S, Proceeds From Real Estate Transactions (q)Form 5498, IRA Contribution Information (r)Form 5498-MSA, MSA or Medicare+Choice MSA Information (s)Form W-2G, Certain Gambling Winnings .02Specifications for filing Forms W-2, Wage and Tax Statements, magnetically/electronically are available from the Social Security Administration (SSA) only. Filers can call 1-800-SSA-6270 to obtain the phone number of the SSA Employer Service Liaison Officer for their area. .03IRS/MCC does notprocess Forms W-2. Paper and/ormagnetic media for Forms W-2 must be sent to SSA. IRS/MCC does, however, process waiver requests (Form 8508) and extension of time to file requests (Form 8809) for Forms W-2 and requests for an extension of time to provide the employee copies of Forms W-2. .04Generally, the box numbers on the paper forms correspond with the amount codes used to file magnetically/electronically; however, if discrepancies occur, the instructions in this Revenue Procedure govern. .05This Revenue Procedure also provides the requirements and specifications for magnetic media or electronic filing under the Combined Federal/State Filing Program. .06The following Revenue Procedures and publications provide more detailed filing procedures for certain information returns: (a)2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G” and individual form instructions. (b)Publication 1179, Rules and Specifications for Private Printing of Substitute Forms 1096, 1098, 1099, 5498, and W-2G (c)Publication 1239, Specifications for Filing Form 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, Magnetically or Electronically (d)Publication 1187, Specifications for Filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Magnetically or Electronically (e)Publication 1245, Specifications for Filing Form W-4, Employee’s Withholding Allowance Certificate, Magnetically or Electronically. .07This Revenue Procedure supersedes Rev. Proc. 2000–25 published as Publication 1220 (Rev. 7–2000), Specifications for Filing Forms 1098, 1099, 5498, and W-2G Magnetically or Electronically. .08Refer to Part A, Sec. 17, for definitions of terms used in this publication. Sec. 2. Nature of Changes—Current Year (Tax Year2001) .01 In this publication, all pertinent changes for Tax Year 2001are emphasized by the use of italics. Portions of text that require special attention have been bolded.Filers are always encouraged to read the publication in its entirety. .02 Programming Changes a. General (1)The state of Connecticut has been added to the Combined Federal State Filing Program. See Part A, Sec. 16, Table 1 for a list of all participating states and their filing codes. (2)The state of Tennessee has withdrawn from the Combined Federal State Filing Program. (3)IRS/MCC is accepting 3590 and 3590E tape cartridges for the filing of information returns. (4)Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable type of media for submitting Information Returns to IRS/MCC. b. Programming Changes - Transmitter “T” Record (1) For all forms, Payment Year, Field Positions 2-5, must be incremented to update the four-digit report year (2000 to 2001), unless reporting prior year data. (2)A Vendor Indicator was added in Field Position 376 to indicate whether software was purchased from an outside source or produced in-house. (3)A Vendor Name field was added to Field Positions 377-416. (4)A Vendor Mailing Address field was added to Field Positions 417-456. (5)A Vendor City field was added to Field Positions 457-496. (6)A Vendor State field was added to positions 497-498. (7)A Vendor ZIP Code field was added to Field Positions 499-507. (8)A Vendor Contact Name field was added to Field Positions 508-547. (9)A Vendor Contact Phone Number and Extension field was added to Field Positions 548-562 (10)A Vendor Contact Email Address was added to Field Positions 563-582. c. Programming Changes - Payer “A” Record (1) For all forms, Payment Year, Field Positions 2-5, must be incremented to update the four-digit report year (2000 to 2001), unless reporting prior year data. (2) Form 1098-T – Tuition Payments Statement, Field Positions 28-39: Amount Code 1 has been renamed Qualified tuition and related expenses. (3) Form 1098-T – Tuition Payments Statement, Field Positions 28-39: Amount Code 2 has been renamed Reimbursements or refunds. (4) Form 1098-T – Tuition Payments Statement, Field Positions 28-39: Amount Code 3 was added for Scholarships and grants. (5)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 4 was changed to Qualified 5-year gain. (6) Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 5 was changed to Unrecaptured section 1250 gain. (7)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 6 was changed to Section 1202 gain. (8) Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 7 was changed to Nontaxable distributions. (9)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 8 was changed to Federal income tax withheld. (10)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code 9 was changed to Investment expenses. (11) Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code A was changed to Foreign tax paid. (12)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code B was changed to Cash liquidation dis- tribution. (13)Form 1099-DIV – Dividends and Distributions, Field Positions 28-39: Amount Code C was added for Noncash liquidation distribution. (14) Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code 4 was changed to Recharacterized contri- butions. (15 Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code 5 was changed to Fair market value of account. (16)Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code 6 was changed to Life insurance cost included in Amount Code 1. 2001–21 I.R.B.1201May 21, 2001 (17)Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code 8 was changed to SEP contributions. (18)Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code 9 was changed to SIMPLE contributions. (19)Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code A was changed to Roth IRA contributions. (20)Form 5498 – IRA Contribution Information, Field Positions 28-39: Amount Code B added for Education IRA contributions. d. Programming Changes — Payee “B” Record (1) For all forms, Payment Year, Field Positions 2-5, must be incremented to update the four-digit report year (2000 to 2001), unless reporting prior year data. (2) Form 1098-E – Student Loan Interest – Field Position 547 was added to indicate if Amount Code 1 includes loan origination fees and/or capitalized interest. (3) Form 1099-LTC – Long-Term Care and Accelerated Death Benefits – Field Position 697 was added to indicate whether ben- efits were from a qualified long-term care insurance contract. (4) Form 1099-R – Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. – Field Positions 545-546 – The following codes have been added: (a) Code N – Recharacterized IRA contribution made for 2001. (b)Code T – Roth IRA distribution, exception applies. The following codes have been changed: (a)Code J – Early distribution from a Roth IRA, no known exception. (b)Code R - Recharacterized IRA contribution made for 2000. .03 Editorial Changes a. Form 4804, Transmittal of Information Returns Reported Magnetically, has undergone a major revision. Due to the revision, Form 4802, the continuation form, is no longer needed and is now obsolete. b.The Form 4804 is not required for Electronicfiling. Electronic filers will be prompted to create a PIN when they first logon to transmit their information returns. See Part C, Sec. 7, for additional details. Form 4804 is still required for magnetic media filers (tape, tape cartridge and diskette). F ILERS OF MAGNETIC MEDIA MUST SEND THE FORM4804 WITH THEIR MEDIA. c.IRS/MCC no longer returns media in need of replacement. All references to returning media for replacement were deleted. Revised language informs filers that IRS/MCC will send correspondence requesting replacement files. The correspondence includes Form 9267, Media Tracking Slip, a listing of sample errors and a letter detailing the problem(s) encountered during processing. d.The MCC Information Reporting Program (IRP) Call Site now has email service. Filers can email technical tax law questions relative to information returns and magnetic media/electronic filing and receive written responses. (Do not submit confiden- tial information, such as employer identification numbers, in your correspondence.) This service is accessed through mccirp@irs.gov. For more information, contact the MCC/IRP Call Site at 304-263-8700. e.Additional common problems were added to Part C, Sec. 12, .03 and .04. The items detail some of the more frequently asked technical questions concerning dialing into the FIRE System. Filers are urged to refer to this area, if they experience difficul- ties before calling IRS/MCC. f.Forms 1099-MSA and 5498-MSA were affected by Public Law 106-554, enacted on December 21, 2000, which changed the name of medical savings accounts to Archer MSAs. The 2001 forms and instructions do not reflect this change. These prod- ucts were released for print prior to enactment of the new law. g. For special rules for reporting payments made through foreign intermediaries and foreign flow-through entities on Form 1099, see 2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G” page GEN-12. Sec. 3. Where To File and How to Contact the IRS, Martinsburg Computing Center .01All information returns filed magnetically or electronically are processed at IRS/MCC. Files containing information returns and requests for IRS magnetic media and electronic filing information should be sent to the following address: IRS-Martinsburg Computing Center Information Reporting Program 230 Murall Drive Kearneysville, WV 25430 .02 Allrequests for an extension of time to file information returns with IRS/MCC or to the recipients, and requests for undue hardship waivers filed on Form 8508 should be sent to the following address: IRS-Martinsburg Computing Center Information Reporting Program Attn: Extension of Time Coordinator 240 Murall Drive Kearneysville, WV 25430 May 21, 200112022001–21 I.R.B. .03The telephone numbers for magnetic media inquiries or electronic submissions are: & 304-263-8700 - Call Site or email at mccirp@irs.gov 304-267-3367 - TDD (Telecommunication Device for the Deaf) 304-264-5602 - Fax Machine Electronic Filing – FIRE system 304-262-2400 ********(These are not toll-free telephone numbers.)******** TO OBTAIN FORMS: 1-800-TAX-FORM (1-800-829-3676) www.irs.gov- INTERNET access to forms (See Note.) *Note: Because the IRS processes paper forms by machine (optical character recognition equipment), you cannot file the IRS Form 1096 or Copy A of Forms 1098, 1099, or 5498 printed from the Internet. .04 The 2001 “ General Instructions for Forms 1099, 1098, 5498, and W-2G” and the individual forms instructionshave been included in the Publication 1220 for your convenience. The Form 1096 is used only to transmit Copy A of paperForms 1099, 1098, 5498, and W-2G. If filing paper returns, follow the mailing instructions on Form 1096 and submit the paper returns to the appro- priate IRS Service Center. .05 Requests for paper Forms 1096, 1098, 1099, 5498, and W-2G, and publications related to magnetic media/electronic filing should be made by calling the IRS toll-free number 1-800-TAX-FORM (1-800-829-3676) or via the Internet at www.irs.gov. .06 Questions pertaining to magnetic media filing of Forms W-2 mustbe directed to the Social Security Administration (SSA). Filers can call 1-800-SSA-6270 to obtain the phone number of the SSA Employer Service Liaison Officer for their area. .07 Payers should notcontact IRS/MCC if they have received a penalty notice and need additional information or are requesting an abatement of the penalty. A penalty notice contains an IRS representative’s name and/or phone number for contact purposes; or, the payer may be instructed to respond in writing to the address provided. IRS/MCC does notissue penalty notices and does not have the authority to abate penalties. For penalty information, refer to the Penalty section of the 2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G.” .08A taxpayer or authorized representative may request a copy of a tax return, including Form W-2 filed with a return, by sub- mitting Form 4506, Request for Copy or Transcript of Tax Form, to IRS. This form may be obtained by calling 1-800-TAX-FORM (1-800-829-3676). For any questions regarding this form, call 1-800-829-1040. .09The Information Reporting Program Call Site answers both magnetic media and tax law questions relating to the filing of infor- mation returns (Forms 1096, 1098, 1099, 5498, 8027, W-2G, and W-4). The Call Site also answers magnetic media questions relat- ed to Forms 1042-S, and tax law and paper filing related questions about Forms W-2 and W-3, as well as handling inquiries dealing with backup withholding and reasonable cause requirements due to missing and incorrect taxpayer identification numbers. The Call Site is located at IRS/MCC and operates in conjunction with the Information Reporting Program. The Call Site provides service to the payer community (financial institutions, employers, and other transmitters of information returns). Recipients of information returns (payees) should continue to contact 1-800-829-1040 or other numbers specified in the tax return instructions with any ques- tions on how to report information on their tax returns. The Call Site accepts calls from all areas of the country. The number to call is304-263-8700or Telecommunications Device for the Deaf (TDD) 304-267-3367.These are toll calls. The Call Site can also be reached via email at mccirp@irs.gov .Hours of operation for the Call Site are Monday through Friday, 8:30 a.m. to 4:30 p.m. Eastern time. The Call Site is in operation throughout the year to handle the questions of payers, transmitters, and employers. Due to the high demand for assistance at the end of January and February, it is advisable to call as soon as possible to avoid these peak filing seasons. Sec. 4. Filing 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 250 or more information returns must file such returns magnetical- ly/electronically. The 250* or more requirement applies separately for each type of return and separately to each type of cor- rected return. *Even though filers may submit up to 249 information returns on paper, IRS encourages filers to transmit those informa- tion returns magnetically or electronically. .02 All filing requirements that follow 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 adoption taxpayer identification number (ATIN). 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 to each type of return accordingly. 2001–21 I.R.B.1203May 21, 2001 .03Payers who are required to submit their information returns on magnetic media may choose to submit their documents by elec- tronic filing. Payers who submit their information returns electronically by April 1, 2002, are considered to have satisfied the mag- netic media filing requirements. .04 IRS/MCC has one method for filing information returns electronically; see Part C. .05The following requirements apply separately to both originals and corrections filed magnetically/electronically: 1098 250 or more of anyof these forms require magnetic media 1098-E*or electronic filing with IRS. These are stand alone documents 1098-T*and are not to be aggregated for purposes of determining the 1099-A250 threshold. For example, if you must file 100 Forms 1099-B 1099-B and 300 Forms 1099-INT, Forms 1099-B need not be filed 1099-C magnetically or electronically since they do not meet the threshold 1099-DIVof 250. However, Forms 1099-INT must be filed magnetically or 1099-G electronically since they meet the threshold of 250. 1099-INT 1099-LTC 1099-MISC 1099-MSA 1099-OID 1099-PATR 1099-R 1099-S 5498 5498-MSA W-2G *For Tax Year 2001, Forms 1098-E and 1098-T may be reported on paper regardless of the 250 threshold. .06The above requirements do not apply if the payer establishes hardship (see Part A, Sec. 5). Sec. 5. Form 8508, Request for Waiver From Filing Information Returns on Magnetic Media .01 If a payer is required to file on magnetic media but fails to do so (or fails to file electronically in lieu of magnetic media fil- ing) and does not have an approved waiver on record, the payer will be subject to a penalty of $50 per return in excess of 250. (For penalty information, refer to the Penalty section of the2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G.”) .02If payers are required to file original or corrected returns on magnetic media, but such filing would create a hardship, they may request a waiver from these filing requirements by submitting Form 8508, Request for Waiver From Filing Information Returns on Magnetic Media, to IRS/MCC. A Form 8508 is included in Publication 1220 for the filer’s use. .03Even though a payer may submit as many as 249 corrections on paper, IRS encourages magnetically or electronically sub- mitted corrections. Once the 250 threshold has been met, filers are required to submit any returns of 250 or more magnetically or electronically. However, if a waiver for original documents is approved, any corrections for the same type of returns will be cov- ered under this waiver. .04Generally, only the payer may sign the Form 8508. A transmitter may sign if given power of attorney; however, a letter signed by the payer stating this fact must be attached to the Form 8508. .05 A transmitter must submit a separate Form 8508 for each payer. Do not submit a list of payers. .06All information requested on the Form 8508 must be provided to IRS for the request to be processed. .07 The waiver, if approved, will provide exemption from the magnetic media filing requirement for the current tax year only. Payers may not apply for a waiver for more than one tax year at a time; application must be made each year a waiver is necessary. .08Form 8508 may be photocopied or computer-generated as long as it contains all the information requested on the original form. .09Filers are encouraged to submit Form 8508 to IRS/MCC at least 45 days before the due date of the returns. .10 File Form 8508 for the W-2 series of forms with IRS/MCC, not SSA. .11Waivers are evaluated on a case-by-case basis and are approved or denied 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/MCC to respond to a waiver request. .12If a waiver request is approved, the transmitter should keep the approval letter on file. The transmitter should not send a copy of the approved waiver to the service center where the paper returns are filed. .13An approved waiver from filing information returns on magnetic media does not provide exemption from all filing. The payer must timely file information returns on Copy A of acceptable paper forms with the appropriate service center. Sec. 6. Vendor List .01IRS/MCC prepares a list of vendors who support magnetic media or electronic filing. The Vendor List (Pub. 1582) contains the names of service bureaus that will produce files on the prescribed types of magnetic media or via electronic filing. It also con- May 21, 200112042001–21 I.R.B. tains the names of vendors who provide software packages for payers who wish to produce magnetic media or electronic files on their own computer systems. This list is compiled as a courtesy and in no way implies IRS/MCC approval or endorsement. .02 If filers meeting the filing requirements engage a service bureau to prepare media on their behalf, the filers should be careful not to report duplicate data, which may cause penalty notices to be generated. .03The Vendor List, Publication 1582, may be updated in print every other year. The most recently printed copy will be avail- able by contacting IRS/MCC at 304-263-8700 or by letter (see Part A, Sec. 3). The Vendor List is also available on the Internet at www.irs.gov. .04A vendor, who offers a software package, or has the ability to produce magnetic media for customers, or has the capability to electronically file information returns, and who would like to be included on the list must submit a written request to IRS/MCC. The request should include: (a)Company name (b)Address (include city, state, and ZIP code) (c)Telephone number (include area code) (d)Contact person (e)Type(s) of service provided (e.g., service bureau and/or software) (f)Type(s) of media offered (e.g., magnetic tape, tape cartridge, 3 1/2-inch diskette, or electronic filing) (g)Type(s) of return(s) Sec. 7. Form 4419, Application for Filing Information Returns Magnetically/Electronically .01Transmitters are required to submit Form 4419, Application for Filing Information Returns Magnetically/ Electronically, to request authorization to file information returns with IRS/MCC. A single Form 4419 should be filed no matter how many types of returns the transmitter will be submitting magnetically/electronically. For example, if a transmitter plans to file Forms 1099-INT, one Form 4419 should be submitted. If, at a later date, another type of form (Forms 1098, 1099, 5498 and W-2G) is to be filed, the transmitter does not need to submit a new Form 4419. EXCEPTIONS An additional Form 4419 is required for filing each of the following types of returns: Forms 1042-S, 8027, and W-4. FORMTITLEEXPLANATION 1042-SForeign Person’s U.S. Reports payments Source Income Subjectsubject to withholding to Withholdingunder Chapter 3 of the Code, including interest, dividends, royalties, pensions and annuities. 8027 Employer’s AnnualReports receipts from Information Returnoperations of Tip Income andwhere tipping is Allocated Tipscustomary. Used by the employers to report employees’ tips or allocated tips. W-4Employee’s WithholdingReports forms received (See Note) Allowance Certificateduring the quarter from employees still employed at the end of the quarter who claim the following: (a)More than 10 withholding allowances or (b)Exempt status and wages normally would be more than $200 a week. *Note: Employers are not required to send other Forms W-4 unless notified to do so by the IRS. 2001–21 I.R.B.1205May 21, 2001 .02Magnetic tape, tape cartridge, diskette, and electronically-filed returns may not be submitted to IRS/MCC until the applica- tion has been approved. Please read the instructions on the back of Form 4419 carefully. A Form 4419 is included in the Publication 1220 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 on the Internet at www.irs.gov. .03Upon approval, a five-character alpha/numeric Transmitter Control Code (TCC) will be assigned and included in an approval letter. The TCC mustbe coded in the Transmitter “T” Record. If a transmitter uses more than one TCC to file, each TCC must be reported on separate media or in separate transmissions if filing electronically. .04 Annually, a Publication 1220 containing the current Revenue Procedure, forms, and instructions will be sent to the attention of the contact person indicated on Form 4419. .05 If anyof the information (name, TIN or address) on the Form 4419 changes, please notify IRS/MCC in writing so the IRS/MCC database can be updated. However, a change in the method by which information returns are being submitted is not infor- mation which needs to be updated (e.g., tape to disk). The transmitter should include the TCC in all correspondence. .06Form 4419 may be submitted anytime during the year; however, it must be submitted to IRS/MCC at least 30 days before the due date of the return(s) for current year processing. This will allow IRS/MCC the minimum amount of time necessary to process and respond to applications. In the event that computer equipment or software is not compatible with IRS/MCC, a waiver may be requested to file returns on paper documents. .07IRS/MCC encourages transmitters who file for multiple payers to submit one application and to use the assigned TCC for all payers. .08If a payer’s files are prepared by a service bureau, the payer may not need to submit an application to obtain a TCC. Some service bureaus will produce files, code their own TCC in the file, and send it to IRS/MCC for the payer. Other service bureaus will prepare the file and return the file to the payer for submission to IRS/MCC. These service bureaus may require the payer to obtain a TCC to be coded in the Transmitter “T” Record. Payers should contact their service bureaus for further information. .09Once a transmitter is approved to file magnetically or electronically, it is not necessary to reapply unless: (a) The payer has discontinued filing magnetically or electronically for two consecutive years; the payer’s TCC may have been reassigned by IRS/MCC. Payers who are aware the TCC assigned will no longer be used are requested to notify IRS/MCC so these numbers may be reassigned; or (b) The payer’s magnetic media files were transmitted in the past by a service bureau using the service bureau’s TCC, but now the payer has computer equipment compatible with that of IRS/MCC and wishes to prepare his or her own files. The payer must request a TCC by filing Form 4419. .10One Form 4419 may be submitted regardless of how many types of media or methods are used to file the return. While not encouraged, multiple TCCs can be issued to payers 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 Forms 1098, 1099, 5498 or W-2G: Forms 1042–S, 8027, and/or W-4. A separate TCC will be assigned for each of these forms. .11In accordance with Regulations section 1.6041–7(b), payments by separate departments of a health care carrier to providers of medical and health care services may be reported on separate returns filed magnetically or electronically. In this case, the head- quarters will be considered the transmitter, and the individual departments of the company filing reports will be considered payers. A single Form 4419 covering all departments filing magnetically/electronically should be submitted. One TCC may be used for all departments. .12Approval to file does not imply endorsement by IRS/MCC of any computer software or of the quality of tax preparation ser- vices provided by a service bureau or software vendor. Sec. 8. Test Files .01IRS/MCC does not require test files, exceptfor filers wishing to participate in the Combined Federal/State Filing Program. See Part A, Sec. 16, for further information concerning the Combined Federal/State Filing Program. .02IRS/MCC encourages first-time magnetic media or electronic filers to submit a test. The test file must consist of a sample of each type of record: (a)Transmitter “T” Record (all fields marked required must include transmitter information) (b)Payer “A” Record (must not be fictitious data) (c)Multiple Payee “B” Records (at least 11 “B” Records per each “A” Record) (d)End of Payer “C” Record (e)State Totals “K” Record, if participating in the Combined Federal/State Filing Program (f)End of Transmission “F” Record (See Part B for record formats.) .03Use the Test Indicator “T” in Field Position 28 of the “T” Record to show this is a test file. .04IRS/MCC will check the file to ensure it meets the specifications of this Revenue Procedure. For current filers, sending a test file will provide the opportunity to ensure their software reflects any programming changes. .05 Electronic tests may be submitted November 1, 2001, through February 15, 2002. See Part C, Sec. 5.03 for information on electronic test results. May 21, 200112062001–21 I.R.B. .06Tests submitted on magnetic media should be sent to IRS/MCC between November 1 and December 17. Tests must be received at MCC by December 17in order to be processed. Magnetic media filers may begin submitting test tapes and diskettes after October 1; however, the data will not be processed until on or after November 1. For tests filed on magnetic tape, tape car- tridge, 8mm, 4mm, and quarter inch cartridge,and 3 1/2-inch diskette, the transmitter must include the signed Form 4804 in the same package with the corresponding magnetic media. Mark the “TEST” box in Block 1 on the form. Also, mark “TEST” on the exter- nal media label. .07IRS/MCC will send a letter of acknowledgment to indicate the magnetic media test results. Unacceptable magnetic media files, along with documentation identifying the errors, will be returned. Resubmission of magnetic media test files must be received by IRS/MCC no later than December 17. .08Successfully processed media will not be returned to filers. Sec. 9. Filing of Information Returns Magnetically and Retention Requirements .01Form 4804, Transmittal of Information Returns Reported Magnetically, or a computer-generated substitute, must accompany allmagnetic media shipments. .02IRS/MCC allows for the use of computer-generated substitutes for Form 4804. The substitutes must contain all information requested on the original forms including the affidavit and signature line. Photocopies are acceptable but an original signature is required. When using computer-generated forms, be sure to mark very clearly which tax year is being reported. This will eliminate a phone communication from IRS/MCC to question the tax year. .03A transmitter may report for any combination of payers and/or documents in a submission. Each file must begin with a “T” Record and end with an “F” Record for the end of a transmission. For example, if reporting Forms 1099–INT for Bank A, Forms 1099–DIV for Bank B, and Forms 1098 for Bank C, three separate tapes or diskettes need not be created. All three banks and all types of documents can be coded within a single file on one tape or diskette as long as each bank or type of return has a separate “A” Record. Multiple tapes or diskettes can be sent in one package. For each separate type of media, the first record on the file must be the Transmitter “T” Record. A Form 4804, Transmittal of Information Returns Reported Magnetically, must be submitted for every Transmitter “T” Record. Filers must include Form 4804, or computer-generated substitute with their shipment. .04Multiple types of media may be submitted in a shipment. However, submit a separate Form 4804 for each type of media. .05Current and prior year data may be submitted in the same shipment; however, each tax year must be on separate media, and a separate Form 4804 must be prepared to clearly indicate each tax year. .06Filers who have prepared their information returns in advance of the due date are encouraged to submit this information to IRS/MCC no earlier than January 1 of the year the return is due. .07 Do not report duplicate information. If a filer submits returns magnetically/electronically, identical paper documents must not be filed. This may result in erroneous penalty notices. .08Form 4804 may be signed by the payer or the transmitter, service bureau, paying agent, or disbursing agent (all hereafter referred to as agent) on behalf of the payer. Failure to sign the affidavit on Form 4804 may delay processing or could result in the files being unprocessed. An agent may sign the Form 4804 if the agent has the authority to sign the affidavit under an agency agree- ment (either oral, written, or implied) that is valid under state law and adds the caption “FOR: (name of payer).” .09Although an authorized agent may sign the affidavit, the payer is responsible for the accuracy of the Form 4804 and the returns filed. The payer will be liable for penalties for failure to comply with filing requirements. .10A self-adhesive external media label, created by the filer, must be affixed to each piece of magnetic media. For instructions on how to prepare an external media label, refer to Notice 210 in the forms section of this publication. If diskettes are used, be cer- tain that only MS-DOS compatible operating systems were used to prepare the diskettes. Non-MS-DOS diskettes are no longer acceptable at IRS/MCC. .11On the outside of the shipping container, affix or attach a label which reads “IRB Box ___of___” reflecting the number of containers in the shipment. (Filers can create a label with this information or cut out one of the labels on the special label page pro- vided in this publication.) If there is only one container, mark the outside as Box 1 of 1. For multiple containers, include the sequence (for example, Box 1 of 3, 2 of 3, 3 of 3). .12When submitting files include the following: (a)A signed Form 4804; (b)External media label (created by filer) affixed to magnetic media; (c)IRB Box _____ of ______ outside label. *Note: See Part C for Electronic Filing Specifications. Form 4804 is no longer needed for electronic filing. .13 Do not use special shipping containers for mailing media to IRS/MCC. Shipping containers will not be returned. .14If returns from different locations (using the same name and TIN) are submitted on the same file, IRS encourages the filer to consolidate each type of information return under one “A” Record. For example, all “B” Records for the same type of return should be together under one “A” Record and followed by the End of Payer “C” Record. .15IRS/MCC will not pay for or accept “Cash-on-Delivery” or “Charge to IRS” shipments of tax information that an individual or organization is legally required to submit. 2001–21 I.R.B.1207May 21, 2001 .16Payers should retain a copy of the information returns filed with IRS or have the ability to reconstruct the data for at least 3 years from the reporting due date, with the exception of Form 1099–C. A financial entity must retain a copy of Form 1099–C, Cancellation of Debt, or have the ability to reconstruct the data required to be included on the return, for at least 4 years from the date such return is required to be filed. Whenever backup withholding is imposed, a 4-year retention is required. Sec. 10. Due Dates .01The due dates for filing paper returns with IRS also apply to magnetic media. Filing of information returns is on a calendar year basis, except for Forms 5498 and 5498–MSA, which are used to report amounts contributed during or after the calendar year (but not later than April 15). The following due dates will apply to Tax Year 2001: Due Dates May 21, 200112082001–21 I.R.B. Electronic Filing (See Note)Magnetic Filing Forms 1098, 1099, and W-2GForms 1098, 1099, and W-2G Recipient Copy - January 31, 2002Recipient Copy - January 31, 2002 IRS Copy - - - - - - - April 1, 2002*IRS Copy - - - - - - February 28, 2002 *Normal due date of March 31, 2002 falls on a Sunday. Electronic/Magnetic Filing Forms 5498 and 5498–MSA Participant Copy - May 31, 2002* IRS Copy - - - - - - - May 31, 2002 * Participants’ copy of Form 5498 for education IRA and all other Forms 5498 to furnish fair market value information - January 31, 2002 *Note: Electronicallyfiled Forms 1099, 1098, or W-2G are due to the IRS by April 1, 2002. The due date for magneti- callyfiled Forms 1099, 1098, and W-2G remains unchanged (February 28, 2002). Legislation amending Internal Revenue Code section 6071(b), eliminates the necessity for electronic filers of Forms 1098, 1099, and W-2G to request an extension of the filing date from February 28 to March 31, effective for returns required to be filed after December 31, 1999. .02If 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. .03Information returns filed magnetically for Forms 1098, 1099, and W-2G must be submitted to IRS/MCC postmarked on or before February 28, 2002. .04Electronically filed information returns for Forms 1098, 1099 and W-2G must be submitted to IRS/MCC no later than April 1, 2002, and will be considered timely filed if submitted by that date. Electronically filed information returns submitted after April 1, 2002, will be considered late unless an extension has been applied for and approved. .05Magnetic media returns postmarked by the United States Postal Service (USPS) on or before February 28, 2002, and deliv- ered by United States mail to the IRS/MCC after the due date, are treated as timely under the “timely mailing as timely filing” rule. A similar rule applies to items delivered by private delivery services (PDSs) designated by the IRS. A PDS must be designated by the IRS before it will qualify for the timely mailing rule. (See Note.) Notice 99–41, 1999–2 C.B. 325, provides the list of desig- nated PDSs. Designation is effective until the IRS issues a revised list. Notice 97–26 1997–1 C.B. 413, provides rules for deter- mining the date that is treated as the postmark date. For items delivered by a non-designated PDS, the actual date of receipt by IRS/MCC will be used as the filing date. For items delivered by a designated PDS, but through a type of service not designated in Notice 99–41, the actual date of receipt by IRS/MCC will be used as the filing date. The timely mailing rule also applies to fur- nishing statements to recipients and participants. *Note: Due to security regulations at MCC, the Internal Revenue police officers will not accept media from PDSs or couriers from 3:00 p.m. to 11:00 p.m., seven days a week, and 11:00 p.m. to 7:00 a.m., Saturday and Sunday. .06 Statements to recipients must be furnished on or before January 31, 2002, for TY 2001. Form 5498 statements to the participants must be furnished on or beforeJanuary 31, 2002, for TY 2001 for the fair market value of the account and for contributions to an edu- cation IRA and by May 31, 2002,for TY 2001 for contributions made to all other types of IRAs for the prior calendar year. .07 Forms 5498 and 5498–MSA filed magnetically or electronically must be filed with IRS/MCC on or beforeMay 31, 2002,for TY 2001. .08 Use this Revenue Procedure to prepare information returns filed magnetically or electronically beginning January 1, 2002, and received by IRS/MCC no later than December 15, 2002. Sec. 11. Extensions of Time .01An extension of time to file may be requested for Forms 1098, 1099, 5498, 5498–MSA, W-2G, W-2 series, 8027 and 1042–S. .02Form 8809, Request for Extension of Time To File Information Returns, should be submitted to IRS/MCC at the address list- ed in .06 of this section. This form may be used to request an extension of time to file information returns submitted on paper, mag- netically or electronically to the IRS .03Requesting an extension of time for multiple payers (50 or less) may be done by submitting Form 8809 and attaching a list of the payer names and associated TINs (EIN or SSN). The listing must be attached to ensure an extension is recorded for all payers. Form 8809 may be computer-generated or photocopied. Be sure that all the pertinent information is included. For Forms 1098, 1099 and W-2G that will be filed electronically, Form 8809 must be submitted on or before April 1, 2002. .04Requests for an extension of time to file for more than 50 payers are required to be submitted magnetically or electronically. Requests for an extension of time for 10 to 50 payers are encouraged to be filed magnetically or electronically. (See Part D, Sec. 3, for the record format.) The request may be filed on tape, tape cartridge, 3 1/2-inch diskette, or electronically. .05If a filer does not have an IRS/MCC assigned Transmitter Control Code (TCC), a Form 4419, Application for Filing Information Returns Magnetically/Electronically, mustbe submitted to obtain a TCC. This number must be used to submit an exten- sion request magnetically/electronically. .06All requests for an extension of time filed on Form 8809 or filed magnetically on tape, tape cartridge, 8mm, 4mm, Quarter Inch Cartridges (QIC) or 3 1/2 inch diskette should be sent using the following address: IRS-Martinsburg Computing Center Information Reporting Program Attn: Extension of Time Coordinator 240 Murall Drive Kearneysville, WV 25430 .07Transmitters requesting an extension of time for multiple payers will receive one approval letter, accompanied by a list of payers covered under that approval. .08 As soon as it is apparentthat a 30-day extension of time to file is needed, Form 8809 should be submitted. It will take a minimum of 30 days for IRS/MCC to respond to an extension request. Under certain circumstances, a request for an extension of time could be denied. When a denial letter is received, any additional or necessary information may be resubmitted within 20 days. .09Form 8809 must be postmarked no later than the due date of the return for which an extension is requested. If requesting an extension of time to file several types of forms, use one Form 8809; however, the Form 8809 must be postmarked no later than the earliest due date. For example, if requesting an extension of time to file both Forms 1099–INT and 5498, submit Form 8809 post- marked on or before February 28, 2002. (See Note.) Complete more than one Form 8809 to avoid this problem. *Note: For Tax Year 2001, if you will be filing Forms 1098, 1099, or W-2G electronically, the Form 8809 is not required unless an extension is needed beyond April 1, 2002. .10If an additional extension of time is needed, a second Form 8809 must be filed by the initial extended due date. Check line 7 on the form to indicate that an additional extension is being requested. A second 30-day extension will be approved only in cases of extreme hardship or catastrophic event. If requesting a second 30-day extension of time, submit the information return files as soon as prepared. Do not wait for MCC’s response to your second extension request. .11If an extension request is approved, the approval letter should be kept on file. The approval letter, or copy of the approval letter, for an extension of time should not be sent to IRS/MCC with the magnetic media file or to the service center where the paper returns are filed. .12Request an extension for only one tax year. .13The extension request must be signed by the payer or a person who is duly authorized to sign a return, statement or other doc- ument for the payer. .14Failure to properly complete and sign Form 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. .15Form 8809 may be obtained by calling 1-800-TAX-FORM (1-800-829-3676).The form is also available on the Internet at www.irs.gov. A copy of Form 8809 is also provided in the back of Publication 1220. .16 Request an extension of time to furnish the statements to recipientsof Forms 1098, 1099, 5498, W-2G, W-2 series, and 1042-S by submitting a letter to IRS/MCC at the address listed in .06 of this section. The letter should contain the following information: (a)Payer name (b)TIN (c)Address (d)Type of return 2001–21 I.R.B.1209May 21, 2001 (e)Specify that the extension request is to provide statements to recipients (f)Reason for delay (g)Signature of payer or duly authorized person. Requests for an extension of time to furnish the statements to recipients for Forms 1098, 1099, 5498, W-2G, W-2 series, and 1042-S are not automatically approved; however, if approved, generally an extension will allow a maximum of 30 additional days from the due date to furnish the statements to the recipients. The request must be postmarked by the date on which the statements are due to the recipients. Sec. 12. Processing of Information Returns Magnetically .01All data received at IRS/MCC for processing will be given the same protection as individual income tax returns (Form 1040). IRS/MCC will process the data and determine if the records are formatted and coded according to this Revenue Procedure. .02 If media is received with data formatted incorrectly, IRS/MCC will request a replacement file in writing. When IRS/MCC requests a replacement file, it is because we encountered errors (not limited to format) and were unable to process the media. Filers will receive a Media Tracking Slip (Form 9267), listing, and letter detailing the reason(s) their media could not be processed. It is imperative that filers maintain backup copies and/or recreate capabilities for their information return files. Open all correspondence from IRS/MCC immediately. .03 Files must be corrected and returned with the Media Tracking Slip (Form 9267) to IRS/MCC within 45 days from the date of the letter. Refer to Part C, Section 6, for procedures for files submitted electronically. A penalty for failure to file correct informa- tion returns by the due date will be assessed if the files are not corrected and returned within the 45 days or if filers are notified by IRS/MCC of the need for a replacement file more than two times.A penalty for intentional disregard of filing requirements will be assessed if a replacement file is not received. (For penalty information, refer to the Penalty section of the 2001“General Instructions for Forms 1099, 1098, 5498, and W-2G.”) .04Sample records identifying errors encountered will be provided with the returned information. It is the responsibility of the transmitter to check the entire file for similar errors. .05The following definitions have been provided to help distinguish between a correction and a replacement: •Acorrectionis an information return submitted by the transmitter to correct an information return that was previously submitted to and processed by IRS/MCC, but contained erroneous information. *Note: Corrections should only be made to records that have been submitted incorrectly, not the entire file. •Areplacementis an information return file sent by the filer at the request of IRS/MCCbecause of errors encountered while pro- cessing the filer’s original submission. After the necessary changes have been made, the file must be returned for processing along with the Media Tracking Slip (Form 9267) which was included in the correspondence from IRS/MCC. (See Note 1). *Note 1: Filers should never send anything to IRS/MCC marked “Replacement” unless IRS/MCC has requested a replacement file in writing or via the FIRE System. *Note 2: IRS/MCC no longer returns problem media in need of replacement. Filers will receive a tracking slip, listing and letter detailing the reason(s) their media could not be processed. Filers will be expected to send a replacement file within the prescribed time frame. This makes it imperativethat filers maintain backup copies and/or recreate capabilities for their information return files. .06IRS/MCC will not return media after successful processing. Therefore, if the transmitter wants proof that IRS/MCC received a shipment, the transmitter should select a service with tracking capabilities or one that will provide proof of delivery. Do not use special shipping containers for transmitting data to IRS/MCC. Shipping containers will not be returned. .07IRS/MCC will work with filers as much as possible to assist with processing problems. If the filer is contacted by IRS/MCC, a prompt response is important. IRS/MCC may have information that the filer needs to correct his or her file. .08IRS/MCC contacts payers who have submitted payee data with missing TINs in an attempt to prevent errors that could result in penalties. Payers who submit data with missing TINs and have taken the required steps to obtain this information are encouraged to send a letter of explanation. If you are filing magnetically, this letter may be included with your media and Form 4804. This will prevent unnecessary contact from IRS/MCC. This letter, however, will not prevent backup withholding notices (CP2100 or CP2100A Notices) or penalties for missing or incorrect TINs. Sec. 13. Corrected Returns .01The magnetic media filing requirement of information returns of 250 or more applies separately to both original and correct- ed returns. May 21, 200112102001–21 I.R.B. If a payer has 100 Forms 1099-A to be corrected, they can be Efiled on paper because they fall under the 250 threshold. However, Xif the payer has 300 Forms 1099-B to be corrected, they must be Afiled magnetically or electronically because they meet the 250 threshold. MIf for some reason a payer cannot file the 300 corrections on magnetic Pmedia, to avoid penalties, a request for a waiver must be submitted before Lfiling on paper. If a waiver is approved for original documents, any corrections Efor the same type of return will be covered under this waiver. .02Corrections should be filed as soon as possible. Corrections filed after August 1 may be subject to the maximum penalty of $50 per return. Corrections filed by August 1 may be subject to a lesser penalty. (For information on penalties, refer to the Penalty section of the 2001“General Instructions for Forms 1099, 1098, 5498, and W-2G.”) However, if payers discover errors after August 1, they are still required to file corrections so they will not be subject to a penalty for intentional disregard of the filing requirements. Failure to correct information returns may result in penalties for failure to provide correct information. All fields must be com- pleted with the correct information, not just the data fields needing correction.Submit corrections only for the returns filed in error, not the entire file. Furnish corrected statements to recipients as soon as possible. .03There are numerous types of errors, and in some cases, more than one transaction may be required to correct the initial error. If the original return was filed as an aggregate, the filers must consider this in filing corrected returns. .04Corrected returns may be included on the same medium as original returns; however, separate “A” Records are required. Corrected returns must be identified on the Form 4804 and the external media label by indicating “Correction.” If filers discover that certain information returns were omitted on their original file, they must not code these documents as corrections. The file must be coded and submitted as originals. .05If a payer discovers errors for prior years that affect a large number of payees, in addition to sending IRS the corrected returns and notifying the payees, a letter containing the following information should be sent to IRS/MCC: (a)Name and address of payer (b)Type of error (please explain clearly) (c)Tax year (d)Payer TIN (e)TCC (f)Type of Return (g)Number of Payees This information will be forwarded to the appropriate office in an attempt to prevent erroneous notices from being sent to the pay- ees. The corrections must be submitted on actual information return documents or filed magnetically/electronically. If filing mag- netically, provide the correct tax year in Block 2 of the Form 4804 and on the external media label. Form 4804 is not needed for electronic filing. .06Prior year data, original and corrected, mustbe filed according to the requirements of this Revenue Procedure. If submitting prior year corrections, use the record format for the current year and submit on separate media. However, use the actual year des- ignation of the correction in Field Positions 2-5 of the “T”, “A”, and “B” Records. If filing electronically, a separate transmission must be made for each tax year. .07In general, filers should submit corrections for returns filed within the last 3 calendar years (4 years if the payment is a reportable payment subject to backup withholding under section 3406 of the Code and also for Form 1099-C, Cancellation of Debt). .08All paper returns, whether original or corrected, must be filed with the appropriate service center. .09Form 4804 must be submitted with corrected files submitted magnetically. All references to the Form 4804 in the guidelines instructions apply only to files submitted magnetically. The Form 4804 is no longer required for electronic filing through the FIRE System. .10The “B” Record provides a 20-position field for the Payer’s Account Number for the Payee. This number will help identify the appropriate incorrect return if more than one return is filed for a particular payee. Do not enter a TIN in this field. A payer’s account number for the payee may be a checking account number, savings account number, serial number, or any other number assigned to the payee by the payer that will distinguish the specific account. This number should appear on the initial return and on the corrected return in order to identify and process the correction properly. .11The record sequence for filing corrections is the same as for original returns. .12Review the chart that follows. Errors normally fall under one of the two categories listed. Next to each type of error made is a list of instructions on how to file the corrected return. 2001–21 I.R.B.1211May 21, 2001 Guidelines for Filing Corrected Returns Magnetically/Electronically Error Made on the Original Return How To File the Corrected Return *Note: References to Form 4804 apply to magnetically filed media only. Form 4804 is no longer required for files submitted electronically through the FIRE System. Two (2) separate transactions are required to make the following corrections properly. Follow the directions for both Transactions 1 and 2. (See Note 1.) 1. Original return was filedTransaction 1:Identify incorrect returns with one or more of the following errors: A.Prepare a new Form 4804 that includes information related to this new file. (a)No payee TIN (SSN, ITIN, ATIN or EIN)B.Mark “Correction” in Block 1 of Form 4804. (b)Incorrect payee TINC.Prepare a new file. The first record on the file (c)Incorrect payee name will be the Transmitter “T” Record. (d)Wrong type of return indicator D. Make a separate “A” Record for each type of return and each payer being reported. The infor- mation in the “A” Record will be exactlythe same as it was in the original submission with one exception; the Correction File Indicator (Field Position 50) must be set to “1” . E. The Payee “B” Records must containexactly the sameinformation as submitted previously, except, insert a Corrected Return Indicator Code of “G” in Field Position 6 of the “B” Records, and for all payment amounts, enter “0” (zeros). F. Corrected returns submitted to IRS/MCC using “G” coded “B” Records may be on the same file as those returns submitted with a “C” code; how- ever, separate “A” Records are required. G.Prepare a separate “C” Record for each type of return and each payer being reported. H.Continue with Transaction 2 to complete the correction. Transaction 2:Report the correct information A.Make a separate “A” Record for each type of return and each payer being reported. The Correction File Indicator (Field Position 50), must be set to “1” (one). B.The Payee “B” Records must show the correct information as well as a Corrected Return Indicator Code of “C” in Field Position 6. C.Corrected returns submitted to IRS/MCC using “C” coded “B” Records may be on the same file as those returns submitted with “G” codes;how- ever, separate “A” Records are required. D.Prepare a separate “C” Record for each type of return and each payer being reported. E.The last record on the file will be the End of Transmission “F” Record. F. Indicate “Correction” on the external media label. *Note 1: See the 2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G.” for additional information on regulations affecting corrections and related penalties. May 21, 200112122001–21 I.R.B. Guidelines for Filing Corrected Returns Magnetically/Electronically (continued) Error Made on the Original Return How To File the Corrected Return One transaction is required to make the following corrections properly (See Note 2). 2. Original return was filedA.Prepare a new Form 4804 that includes with one or more of theInformation relating to this new file. following errors:B.Mark “Correction” in Block 1 of Form 4804. (a) Incorrect paymentC.Prepare a new file. The first record on the file amount codes in thewill be the Transmitter “T” Record. Payer “A” RecordD.Make a separate “A” Record for each type of (b)Incorrect paymentreturn and each payer being reported. amounts in the PayeeInformation in the “A” Record may be the same “B” Recordas it was in the original submission. However, (c)Incorrect code in thethe Correction File Indicator (Field Position 50) distribution code field in must be set to “1” (one). the Payee “B” RecordE.The Payee “B” Records must show the correct (d)Incorrect payee addressrecord information as well as a Corrected (e)Incorrect Direct sales indicatorReturn Indicator Code of “G” in Field Position 6. F. Corrected returns submitted to IRS/MCC using “G” coded “B” Records may be on the same file as those returns submitted without the “G” coded “B” Records; however, sepa- rate “A” Records are required. G.Prepare a separate “C” Record for each type of return and each payer being reported. H.The last record on the file will be the End of Transmission “F” Record. I.Indicate “Correction” on the external media label. *Note 2: If a filer is correcting the name and/or TIN in addition to any errors listed in item 2 of the chart, two transactions will be required. If a filer is reporting “G” coded, “C” coded, and/or “Non-coded” (original) returns on the same media, each category must be reported under separate “A” Records. Sec. 14. Taxpayer Identification Number (TIN) .01Section 6109 of the Internal Revenue Code requires a person to furnish his/her TIN to the person obligated to file the infor- mation return. .02The payees’ TIN and name combinations are used to associate information returns reported to IRS/MCC with corresponding information on payees’ tax returns. It is imperative that correctTaxpayer Identification Numbers (TINs) for payees be provided to IRS/MCC. Do not enter hyphens or alpha characters.Entering all zeros, ones, twos, etc., will have the effect of an incorrect TIN. .03The payer and payee names, with associated TINs, should be consistent with the names and TINs used on other tax returns. Also, the name and TIN provided must belong to the owner of the account. If the account is recorded in more than one name, fur- nish the name and TIN of one of the owners of the account. The TIN provided mustbe associated with the name of the payee pro- vided in the first name line of the “B” Record. For individuals, the payee TIN is generally the payee’s Social Security Number (SSN). For other entities, the payee TIN is the payee’s Employer Identification Number (EIN). The payee TIN may also refer to an Individual Taxpayer Identification Number (ITIN) or Adoption Taxpayer Identification Number (ATIN). For sole proprietors, the payee TIN may be either an SSN or EIN but the sole proprietor’s name(not the business name) must be used on the first name line and the SSN is preferred. .04Failure to provide the correct name and corresponding TIN could result in a proposed penalty notice 972CG and/or backup withholding notice CP 2100 (sometimes referred to as a “B” Notice). .05The following charts will help payers determine the TIN to be furnished to IRS/MCC for those persons (payees) for whom they are reporting information. 2001–21 I.R.B.1213May 21, 2001 Chart 1. Guidelines for Social Security Numbers In the Taxpayer Identification Number Field ofIn the First Payee the Payee “B”Name Line of the For this type of Record, enter the Payee “B” Record, account- SSN of-enter the name of- 1. IndividualThe individualThe individual 2. Joint account (Two The actual ownerThe individual or more individuals, of the account or, whose SSN is including husband and if combined funds,entered wife) the first indivi- dual on the account 3. Custodian account The minorThe minor of a minor (Uniform Gift, or Transfers, to Minors Act) 4. The usual revocable The grantor-trusteeThe grantor-trustee savings trust account (grantor is also trustee) 5. A so-called trust The actual ownerThe actual owner account that is not a legal or valid trust under state law 6. SoleThe business ownerThe owner, not the business proprietorship(An SSN or EIN)name (The filer may enter the business name on the second name line.) Chart 2. Guidelines for Employer Identification Numbers In the Taxpayer Identification Number Field of In the First Payee the Payee “B” Name Line of the For this type Record, enter thePayee “B” Record, of account- EIN of-enter the name of- 1.A valid trust, estate, The legal entityThe legal trust, estate, or pension trust or pension trust 2.Corporate The corporationThe corporation 3.Association, club, The organizationThe organization religious, charitable, educational, or other tax-exempt organization 4.Partnership account The partnershipThe partnership held in the name of the business 5.A broker orThe broker orThe broker or registered nominee/ nominee/middlemannominee/middleman middleman 6.Account with The public entityThe public entity Department of Agriculture May 21, 200112142001–21 I.R.B. Chart 2. Guidelines for Employer Identification Numbers (Continued) In the Taxpayer Identification Number Field of In the First Payee the Payee “B” Name Line of the For this type Record, enter thePayee “B” Record, of account- EIN of-enter the name of- in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 7.Sole proprietorshipThe business ownerThe owner, not the (An EIN or SSN)business name (The filer may enter the business name on the second name line.) Sec. 15. Effect on Paper Returns and Statements to Recipients .01Magnetic/electronic reporting of information returns eliminates the need to submit paper documents to the IRS. CAUTION: Do not send Copy A of the paper forms to IRS/MCC for any forms filed on magnetic media or electronically.This will result in duplicate filing; therefore, erroneous notices could be generated. .02Payers are responsible for providing statements to the payees as outlined in the 2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G.”Refer to those instructions for filing information returns on paper with the IRS and furnishing statements to recipients. .03Statements to recipients should be clear and legible. If the official IRS form is not used, the filer must adhere to the specifi- cations and guidelines in Publication 1179, “Rules and Specifications for Private Printing of Substitute Forms 1096, 1098, 1099, 5498, and W-2G.” Sec. 16. Combined Federal/State Filing Program .01 The Combined Federal/State Filing (CF/SF) Program was established to simplify information returns filing for the taxpayer. IRS/MCC will forward this information to participating states free of charge for approved filers. Separate reporting to those states is not necessary. The following information returns may be filed under the Combined Federal/State Filing Program: Form 1099-DIV --------------Dividends and Distributions Form 1099-G -----------------Certain Government and Qualified State Tuition Program Payments Form 1099-INT --------------Interest Income Form 1099-MISC ------------Miscellaneous Income Form 1099-OID --------------Original Issue Discount Form 1099-PATR ------------Taxable Distributions Received From Cooperatives Form 1099-R -----------------Distributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. Form 5498 --------------------IRA Contribution Information The following information returns may notbe filed under this program: Form 1098 --------------------Mortgage Interest Statement Form 1098-E------------------Student Loan Interest Statement Form 1098-T------------------Tuition Payments Statement Form 1099-A -----------------Acquisition or Abandonment of Secured Property Form 1099-B -----------------Proceeds From Broker and Barter Exchange Transactions Form 1099-C -----------------Cancellation of Debt Form 1099-LTC --------------Long-Term Care and Accelerated Death Benefits Form 1099-MSA ------------- Distributions From an MSA or Medicare+Choice MSA Form 1099-S------------------Proceeds From Real Estate Transactions Form 5498-MSA- ------------MSA or Medicare+Choice MSA Information Form W-2G ------------------Certain Gambling Winnings 2001–21 I.R.B.1215May 21, 2001 .02To request approval to participate, a magnetic media test file coded for this program mustbe submitted to IRS/MCC between November l, 2001, and December 17, 2001. Electronic test files coded for this program must be submitted between November 1, 2001, and February 15, 2002. .03 Attach a letter to the Form 4804 submitted with the test file to indicate a desire to participate in the Combined Federal/State Filing Program. Test files sent electronically do not require the Form 4804 or letter. If the test file is coded for the Combined Federal State Filing Program and is acceptable, an approval letter and Form 6847 will be sent to the filer. .04A test file is only required for the first year. Each record, both in the test and the actual data file, must conform to this Revenue Procedure. .05If the test file is acceptable, IRS/MCC will send the filer an approval letter, and a Form 6847, Consent for Internal Revenue Service to Release Tax Information, which the payer mustcomplete, sign, and return to IRS/MCC before any tax information can be released to the state. Filers must write their TCC on Form 6847. .06If the test file is not acceptable, IRS/MCC will return the media with a letter indicating the problems. Electronic filers must dial back within two days to the FIRE System to check the acceptability of their test file. The new test file must be returned to IRS/MCC no later than December 17 for magnetic media, or February 15 for an electronically filed test. .07A separate Form 6847 is requiredfor each payer. A transmitter may not combine payers on one Form 6847 even if acting as Attorney-in-Fact for several payers. Form 6847 may be computer-generated as long as it includes all information that is on the orig- inal form or it may be photocopied. If the Form 6847 is signed by an Attorney-in-Fact, the written consent from the payer must clearly indicate that the Attorney-in-Fact is empowered to authorize release of the information. .08Only code the records for participating states and for those payers who have submitted Form 6847. .09Some participating states require separate notification that the payer is filing in this manner. Since IRS/MCC acts as a for- warding agent only, it is the payer’s responsibility to contact the appropriate states for further information. .10All corrections properly coded for the Combined Federal/State Filing Program will be forwarded to the participating states. .11Participating states and corresponding valid state codes are listed in Table 1of this section. The appropriate state code must be entered for those documents that meet the state filing requirements;do not use state abbreviations. .12To simplify filing, some of the participating states have provided their information return reporting requirements (see Table 2). Each state’s filing requirements are subject to change by the state. It is the payer’s responsibility to contact the participating states to verify the criteria provided in this table. .13Upon submission of the actual files, the transmitter must be sure of the following: (a)All records must be coded exactly as required by this Revenue Procedure. (b)The “C” Record must befollowed by a State Totals “K” Record for each state being reported. (c)Payment amount totals and the valid participating state code must be included in the State Totals “K” Record. (d)The last “K” Record must befollowed by an “A” Record or an End of Transmission “F” Record (if this is the last record of the entire file). Table 1. Participating States and Their Codes StateCode State Code StateCode Alabama 01 Hawaii 15 Mississippi 28 Arizona 04 Idaho 16 Missouri29 Arkansas 05 Indiana 18Montana 30 California 06 Iowa 19New Jersey 34 Connecticut08Kansas 20New Mexico 35 Delaware 10 Maine 23North Dakota 38 District of Columbia 11 Massachusetts 25South Carolina45 Georgia 13Minnesota27Wisconsin 55 Table 2. Dollar Criteria for State Reporting 1099-1099-1099-1099- 1099- 1099-1099- STATEDIVGINTMISC OID PATR R5498 Alabama $1500$ NR $1500$1500$1500 $1500 $1500 NR Arkansas100 2500 100 25002500 25002500 a Connecticut NRNRNR a NRNR a NR District of Columbia b 10 10 10 6001010 600NR Hawaii 10 a 1060010 10 600 NR Idaho NR NR NR 600NR NR a a Iowa 10 10 10600 101010 a Minnesota101010600 1010600 a Mississippi 600600600600600600600NR May 21, 200112162001–21 I.R.B. Table 2. Dollar Criteria for State Reporting (Continued) 1099-1099-1099-1099- 1099- 1099-1099- STATEDIVGINTMISC OID PATR R5498 Missouri NRNR NR1200 c NRNRNR NR Montana 10 10 10 600 1010 600 a New Jersey 100010001000 10001000 1000 1000 NR Wisconsin NR NR NR 600 NR NR600NR The preceding list is for information purposes only. The state filing requirements are subject to change by the states. For com- plete information on state filing requirements, contact the appropriate state tax agencies. Filing requirements for states in TABLE 1 not shown in TABLE 2 may be the same as the federal requirement. NR = No filing requirement. Footnotes: a All amounts are to be reported. b Amounts are for aggregates of several types of income from the same payer. c Missouri would prefer those returns filed with respect to non-Missouri residents to be sent directly to its state agency. Sec. 17. Definition of Terms ElementDescription Asynchronous Protocols This type of data transmission is most often used by microcomputers, PCs and some minicomputers. Asynchronous transmissions transfer data at arbitrary time intervals using the start- stop method. Each character transmitted has its own start bit and stop bit. ATINA temporary taxpayer identification number assigned to a child who has been placed by an authorized placement agency in the household of a prospective adop- tive parent prior to adoption. When the adoption becomes final, the adoptive par- ent must apply for a social security number for the child. b/Denotes a blank position. Enter blank(s) when this symbol is used (do not enter the letter “b”). This appears in numerous areas throughout the record descriptions. CorrectionA correction is an information return submitted by the transmitter to correct an information return that was previously submitted to and processed by IRS/MCC, but contained erroneous information. CUSIP NumberA number developed by the Committee on Uniform Security Identification Procedures to serve as a common denominator in communications among users for security transactions and security information. Employer Identification A nine-digit number assigned by IRS for Federal tax reporting purposes. Number (EIN) Electronic Filing Submission of information returns using switched telecommunications network cir- cuits. These transmissions use modems, dial-up phone lines, and asynchronous pro- tocols. See Parts A and C of this publication for specific information on electronic filing. FileFor purposes of this Revenue Procedure, a file consists of one Transmitter “T” Record at the beginning of the file, followed by a Payer “A” Record, Payee “B” Records, and an End of Payer “C” Record after each set of “B” Records. The last record on the file will be the End of Transmission “F” Record. Nothing should be reported after the End of Transmission “F” Record. A file format diagram is locat- ed at the end of Part E, Miscellaneous Information just before the mail labels. FilerPerson (may be payer and/or transmitter) submitting information returns to IRS. Filing YearThe actual year in which the information returns are being submitted to IRS. Golden Parachute PaymentA payment made by a corporation to a certain officer, shareholder, or highly com- pensated individual when a change in the ownership or control of the corporation 2001–21 I.R.B.1217May 21, 2001 ElementDescription occurs or when a change in the ownership of a substantial part of the corporate assets occurs. Incorrect TaxpayerA TIN may be incorrect for several reasons: Identification Number(a) The payee provided a wrong number or name (e.g., the payee is listed as the (Incorrect TIN) only owner of an account but provided someone else’s TIN). (b) A processing error (e.g., the number or name was typed incorrectly). (c) The payee’s status changed (e.g., a payee name change was not reported to the IRS or SSA). Individual TaxpayerA nine-digit number issued by IRS to individuals who are required to have a U.S. Identification Numbertaxpayer identification number but are not eligible to obtain a social security number (ITIN)(SSN). Information ReturnThe vehicle for submitting required information about another person to IRS. Information returns are filed by financial institutions and by others who make certain types of payments as part of their trade or business. The information required to be reported on an information return includes interest, dividends, pensions, nonemployee compensation for personal services, stock transactions, sales of real estate, mortgage interest, and other types of information. For this Revenue Procedure, an information return is a Form 1098, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-DIV, 1099-G, 1099-INT, 1099-LTC, 1099-MISC, 1099-MSA, 1099-OID, 1099-PATR, 1099-R, 1099-S, 5498, 5498-MSA or W-2G. ISDN - Integrated Services ISDN’s basic service is Basic Rate Interface (BRI) which is made up of two 64Kbps B Digital Networkchannels and one 16Kbps D Channel. If both channels are combined into one, called bonding, the total data rate becomes 128KPBS and is 4 1/2 times the band- width of a 28.8 modem. Magnetic Media For this Revenue Procedure, the term “magnetic media” refers to 1/2 inch magnet- ic tape, IBM 3480, 3490, 3490E, 3590, 3590E, AS400 compatible tape cartridge (including 8mm, 4mm, and QIC), or 3 1/2-inch diskette. *Note: Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable type of media for submitting Information Returns to IRS/MCC. Media Tracking SlipForm 9267 accompanies correspondence sent by IRS/MCC requesting a replace- (Form 9267)ment file due to incorrect format or errors encountered when trying to process the media. This must be returned with the replacement file. Missing TaxpayerThe payee TIN on an information return is missing if: Identification Number(a) there is no entry in the TIN field, (Missing TIN) (b) it includes one or more alpha characters (a character or symbol other than an Arabic number) as one of the nine digits, OR (c) the payee TIN has less than nine digits. PS 58 Costs The current cost of life insurance under a qualified plan taxable under section 72(m) and Regulations section 1.72-16(b). (See Part B, Sec.10(15) Payee “B” Record, Distribution Code, Category of Distribution, Code 9.) PayeePerson or organization receiving payments from the payer, or for whom an infor- mation return must be filed. The payee also includes a student (Form 1098-T), bor- rower (Forms 1098, 1098-E, and 1099-A), a debtor (Form 1099-C), a policyholder or insured (Form 1099-LTC), any IRA plan participant (Form 5498) or MSA or Medicare+Choice MSA participant (Form 5498-MSA), and a gambling winner (Form W-2G). For Form 1099-S, the payee is the seller or other transferor. PayerIncludes the person making payments, a recipient of mortgage or student loan inter- est payments, an educational institution, a broker, a person reporting a real estate transaction, a barter exchange, a creditor, a trustee or issuer of any IRA or MSA plan, and a lender who acquires an interest in secured property or who has reason to know that the property has been abandoned. The payer will be held responsible for the completeness, accuracy, and timely submission of magnetic/electronic files. May 21, 200112182001–21 I.R.B. ElementDescription PIN - Personal IdentificationThis number is assigned by the user when the logon name and password is established. NumberEach time the file is sent, the user will be prompted to enter the PIN. The PIN will allow IRS/MCC to release the file for processing and replaces the Form 4804. ReplacementA replacement is an information return file sent by the filer at the request of IRS/MCC because of errors encountered while processing the filer’s original submission. *Note 1: Filers should never submit media to IRS/MCC marked “Replacement” unless IRS/MCC has requested a replacement file in writing or via the FIRE System. When sending a magnetic media “Replacement” file, be sure to include the Media Tracking Slip (Form 9267). Media that has been incorrectly marked as Replacement may result in duplicate filing. *Note 2: IRS/MCC is no longer returning problem media in need of replacement. Service BureauPerson or organization with whom the payer has a contract to prepare and/or sub- mit information return files to IRS/MCC. A parent company submitting data for a subsidiary is not considered a service bureau. Social Security Number A nine-digit number assigned by SSA to an individual for wage and tax reporting (SSN)purposes. Special CharacterAny character that is nota numeric, an alpha, or a blank. SSASocial Security Administration. Taxpayer Identification Refers to either an Employer Identification Number (EIN), Social Security Number Number (TIN) (SSN), Individual Taxpayer Identification Number (ITIN), or Adoption Taxpayer Identification Number (ATIN). Tax YearGenerally, the year in which payments were made by a payer to a payee. Transfer AgentThe transfer agent, or paying agent, is the entity who has been contracted or autho- rized by the payer to perform the services of paying and reporting backup with- holding (Form 945). Transmitter Refers to the person or organization submitting file(s) magnetically/electronically. The transmitter may be the payer or agent of the payer. Transmitter Control Code Afive character alpha/numeric number assigned by IRS/MCC to the transmitter prior to (TCC)actually filing magnetically or electronically. This number is inserted in the Transmitter “T” Record of the file and must be present before the file can be processed. An application Form 4419 must be filed with IRS/MCC to receive this number. VendorVendors include service bureaus that produce information return files on the pre- scribed types of magnetic media or via electronic filing for payers. Vendors also include companies who provide software for payers who wish to produce their own media or electronic files. Sec. 18. State Abbreviations .01The following state and U.S. territory abbreviations are to be used when developing the state code portion of address fields. This table provides state and territory abbreviations only, and does not represent those states participating in the Combined Federal/State Filing Program. State CodeState Code State Code Alabama ALKentucky KYOhioOH Alaska AK LouisianaLAOklahomaOK American Samoa AS Maine ME OregonOR Arizona AZMarshall IslandsMHPennsylvaniaPA ArkansasAR MarylandMDPuerto RicoPR CaliforniaCAMassachusettsMARhode IslandRI 2001–21 I.R.B.1219May 21, 2001 State CodeState Code State Code ColoradoCOMichiganMISouth CarolinaSC Connecticut CTMinnesota MN South Dakota SD Delaware DE Mississippi MS TennesseeTN District of Columbia DC Missouri MO Texas TX Federated States ofMontana MTUtah UT MicronesiaFMNebraska NE VermontVT Florida FLNevada NVVirginia VA Georgia GANew HampshireNH (U.S.) Virgin Islands VI Guam GU New Jersey NJ WashingtonWA Hawaii HI New MexicoNM West Virginia WV Idaho ID New York NYWisconsinWI Illinois ILNorth Carolina NC Wyoming WY Indiana IN North DakotaND Iowa IANorthern Kansas KS Mariana Islands MP .02Filers must adhere to the city, state, and ZIP Code format for U. S. addresses in the “B” Record. This also includes American Samoa, Federated States of Micronesia, Guam, Marshall Islands, Northern Mariana Islands, Puerto Rico, and the U. S. Virgin Islands. .03For foreign country addresses, filers may use a 51 position free format which should include city, province or state, postal code, and name of country in this order. This is allowable only if a “1” (one) appears in the Foreign Country Indicator, Field Position 247, of the “B” Record. .04When reporting APO/FPO addresses use the following format: EXAMPLE: Payee NamePVT Willard J. Doe Mailing AddressCompany F, PSC Box 100 167 Infantry REGT Payee CityAPO (or FPO) Payee StateAE, AA, or AP* Payee ZIP Code 098010100 *AE is the designation for ZIPs beginning with 090-098, AA for ZIP 340, and AP for ZIPs 962-966. Sec. 19. Major Problems Encountered IRS/MCC encourages filers to verify the format and content of each type of record to ensure the accuracy of the data. This may eliminate the need for IRS/MCC to request replacement files. This may be important for those payers who have either had their files prepared by a service bureau or who have purchased preprogrammed software packages. Filers who engage a service bureau to prepare media on their behalf should be careful not to report duplicate data which may generate penalty notices. The Major Problems Encountered lists some of the most frequently encountered problems with magnetic/electronic files submit- ted to IRS/MCC. These problems may result in IRS/MCC requesting replacement files. Some of the problems resulted from not referring to this publication for instructions. 1. Incorrect Format •No Transmitter “T” Record - These files began with a Payer “A” Record. All files mustbegin with a Transmitter “T” Record. •Invalid record length - Records not 750 Positions in length. •Multiple Files on diskettes - Filers sending multiple files on diskettes. Please refer to Part B, Section 5. A file consists of one Transmitter “T” Record followed by a Payer “A” Record, Payee “B” Records, End of Payer “C” Record, State Totals “K” Record (if applicable for CF/SF Program), and the End of Transmission “F” Record. A file can contain mul- tiple Payer “A” Records, but, only one Transmitter “T” Record. A file format diagram is located at the end of Part E, Miscellaneous Information just before the mail labels. IRS/MCC continues to receive prior year data in prior year format instead of current year format. Never send prior year data in prior year format. Be sure to use the current Revenue Procedure (Publication 1220)for formatting data for prior years. May 21, 200112202001–21 I.R.B. 2. No Form 4804, Transmittal of Information Returns Reported Magnetically Each shipment of media sent to IRS/MCC must include a Form 4804. More than one type of media may be sent in the same ship- ment, (i.e., a tape, a diskette, or a tape cartridge) but must have a separate Form 4804 to accompany each type of media. In the fol- lowing example, three separate Forms 4804 would be required in the total shipment. However, multiples of one type of media (i.e., 6 diskettes) may be covered by one Form 4804. EXAMPLE: A & B Company sends in one shipment of the following magnetic media: 2 Diskettes = 1 Form 4804 covers both diskettes 3 Tape Cartridges= 1 Form 4804 covers all three cartridges Total Number of Forms 4804 for the above shipment = 2 Forms 4804 *Note: Form 4804 is no longer needed for electronic filing. 3. Discrepancy Between IRS/MCC Totals and Totals in Payer “C” Records The “C” Record is a summary record for a type of return for a given payer as reported in the “B” Records. IRS balances the total number of payees and payment amounts and compares them with totals in the “C” Records. Filers should verify the accuracy of the records because imbalances may necessitate a request for replacement files. 4. The Payment Amount Fields in the “B” Record Do Not Correspond to the Amount Codes in the “A” Record If codes 2, 4, and 7 appear in the Amount Codes Field of the “A” Record, then the “B” Record must show payment amounts in only Payment Amount Fields 2, 4, and 7, right-justified and unused positions must bezero (0) filled. EXAMPLE: “A” RECORD247b/b/b/b/b/b/b/b/b/ —-(b/ denotes a blank) (Pos. 28-39) “B” RECORD000000867599—-(Payment Amount 2) (Pos. 67-78) 000000709097—-(Payment Amount 4) (Pos. 91-102) 000000044985—-(Payment Amount 7) (Pos. 127-138) 5. Blanks or Invalid Characters Appear in Payment Amount Fields in the “B” Record Money amounts must be right-justified and zero (0) filled. Do not use blanks. 6. Incorrect TIN in Payer “A” Record The Payer’s TIN reported in positions 12-20 of the “A” Record must be nine numeric characters (no alphas or special characters) in order for IRS/MCC to process the media. The TIN provided in the “A” Record must correspond with the name provided in the first payer name line. 7. Incorrect Tax Year in the Transmitter “T” Record, Payer “A” Record and the Payee “B” Record The tax year in the transmitter, payer and payee records should reflect the year of the information being reported. Filers need to check their files to ensure this information is correct. 8. Incorrect Reporting of Form W-2 Information to IRS Form W-2 information is submitted to SSA, and not to IRS/MCC. SSA has its own magnetic media reporting program and speci- fications for wage information, and the media containing Forms W-2 is submitted to SSA. Any media received at IRS/MCC that contains Form W-2 information will be forwarded to SSA. The filer will be notified of this action by letter. To inquire about filing Form W-2 information magnetically, call 1-800-SSA-6270. 9. Excessive Withholding Credits Generally, for most information returns, other than Forms 1099-MISC, 1099-R, and W-2G, Federal withholding amounts should not exceed 31 percent (backup withholding rate) of the income reported. Validate the total reported in the withholding field against the total income reported. 2001–21 I.R.B.1221May 21, 2001 10. Incorrect Format for TINs in the Payee “B” Record A check of “B” records should be made to ensure the Taxpayer Identification Numbers (TINs) are formatted correctly. There should be nine numerics, no alphas, hyphens, commas, or blanks. Incorrect formatting of TINs may result in a penalty. IRS/MCC contacts filers who have submitted payee data with missing TINs in an attempt to prevent errors that could result in penal- ties. Payers/transmitters who submit data with missing TINs, and have taken the required steps to obtain this information are encour- aged to attach a letter of explanation to the required Form 4804. This will prevent unnecessary contact from IRS/MCC. This letter, however, will not prevent backup withholding notices (CP2100 and CP2100A Notices) or proposed penalties (Notices 972CG) for missing or incorrect TINs. For penalty information, refer to the Penalty section of the 2001 “General Instructions for Forms 1099, 1098, 5498, and W-2G.” 11. Distribution Codes for Form 1099-R Reported Incorrectly Distribution codes for Form 1099-R are being reported incorrectly or are not being reported. See valid distribution codes for Form 1099-R in the Payee “B” Record Layout, Field Positions 545-546. 12. Incorrect Record Totals Listed on Form 4804 The Combined Total Payee Records listed on the Form 4804 (Block 11) are used in the verification process of information returns. The figure in this block should be the total number of Payee “B” Records contained on the media submitted with the Form 4804. The figures on the Form 4804 are compared against the total number of Payee “B” Records processed on the media. Imbalances may necessitate a request for a replacement file. 13. Invalid Use of IRA/SEP/SIMPLE Indicator (Form 1099-R) The IRA/SEP/SIMPLE indicator for Form 1099-R should be used for the reporting of a distribution from a traditional IRA/SEP/SIMPLE or a Roth conversion. The total amount distributed from a traditional IRA/SEP/SIMPLE or a Roth conversion should be reported in Payment Amount Field A as well as Payment Amount Field 1. 14. Failure To Identify the Rollover Contributions and/or Fair Market Value of the Account for Form 5498. Rollover contributions (Amount Code 2 of the “A” Record) and/or fair market value of the account (Amount Code 5 of the “A” Record) for Form 5498 must be identified as an IRA (position 547 of the “B” Record), SEP (position 548 of the “B” Record), SIM- PLE (position 549 of the “B” Record), Roth IRA (position 550 of the “B” Record), or Education IRA (position 552 of the “B” Record). 15. Media Received Without Data Transmitters/filers should verify the presence of Form 1099 information returns on the media before sending the shipment to IRS/MCC. Part B. Magnetic Media Specifications Sec. 1. General .01The specifications contained in this part of the Revenue Procedure define the required format and contents of the records to be included in the magnetic media/electronic file. .02A provision is made in the “B” Records for entries which are optional. If the field is not used, enter blanks to maintain a fixed record length of 750 positions. Each field description explains the intended use of specific field positions. .03Transmitters should be consistent in the use of recording codes and density on files. If the media does not meet these speci- fications, IRS/MCC will request a replacement file. Filers are encouraged to submit a test prior to submitting the actual file. Contact IRS/MCC for further information at 304-263-8700. Sec. 2. Tape Specifications *Note: Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable method for submitting Information Returns to IRS/MCC. .01IRS/MCC can process most magnetic tape files if the following specifications are followed: (a)9 track EBCDIC (Extended Binary Coded Decimal Interchange Code) with: (1)Odd parity. May 21, 200112222001–21 I.R.B. (2) A density of 1600 or 6250 BPI. (3)If transmitters use UNISYS Series 1100, they must submit an interchange tape. (b)9 track ASCII (American Standard Coded Information Interchange) with: (1)Odd parity. (2)A density of 1600 or 6250 BPI. .02All compatible tape files must have the following characteristics: Type of tape - 1/2-inch (12.7 mm) wide, computer-grade magnetic tape on reels of up to 2,400 feet (731.52 m) within the following specifications: (a)Tape thickness: 1.0 or 1.5 mils and (b)Reel diameter: 10 1/2-inch (26.67 cm), 8 1/2-inch (21.59 cm), 7-inch (17.78 cm), or 6-inch. .03The tape records defined in this Revenue Procedure may be blocked subject to the following: (a)A block must notexceed 32,250 tape positions. (b)If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9s; how- ever, the last block of the file may be filled with 9s or truncated. Do not pad a block with blanks. (c)All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of log- ical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 750. (d) Records may not span blocks. .04Labeled or unlabeled tapes may be submitted. .05For the purposes of this Revenue Procedure the following must be used: Tape Mark: (a) Signifies the physical end of the recording on tape. (b)For even parity, use BCD configuration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. .06IRS/MCC can only read one data file on a tape. A data file is a group of records which may or may not begin with a tape- mark, but mustend with a trailer label. Any data beyond the trailer label cannot be read by IRS programs. Sec. 3. Tape Cartridge Specifications .01In most instances, IRS/MCC can process tape cartridges that meet the following specifications: (a)Must be IBM 3480, 3490, 3490E, 3590, 3590Eor AS400 compatible. (b)Must meet American National Standard Institute (ANSI) standards, and have the following characteristics: (1)Tape cartridges will be 1/2-inch tape contained in plastic cartridges which are approximately 4-inches by 5-inches by 1-inch in dimension. (2)Magnetic tape will be chromium dioxide particle based 1/2-inch tape. (3)Cartridges must be 18-track, 36-track, 128-track or 256-track parallel (See Note). (4)Cartridges will contain 37,871 CPI, 75,742 CPI, or 3590 CPI (characters per inch). (5)Mode will be full function. (6)The data may be compressed using EDRC (Memorex) or IDRC (IBM) compression. (7)Either EBCDIC (Extended Binary Coded Decimal Interchange Code) or ASCII (American Standard Coded Informa- tion Interchange) may be used. .02The tape cartridge records defined in this Revenue Procedure may be blocked subject to the following: (a)A block must notexceed 32,250 tape positions. (b)If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9s; how- ever, the last block of the file may be filled with 9s or truncated. Do not pad a block with blanks. (c)All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of log- ical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 750. (d)Records may not span blocks. .03Tape cartridges may be labeled or unlabeled. .04For the purposes of this Revenue Procedure, the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD configuration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. *Note: Filers should indicate on the external media label and transmittal Form 4804 whether the cartridge is 18-track, 36-track, 128-track or 256-track. 2001–21 I.R.B.1223May 21, 2001 Sec. 4. 8mm, 4mm, and Quarter-Inch Cartridge Specifications .01In most instances, IRS/MCC can process 8mm tape cartridges that meet the following specifications: (a)Must meet American National Standard Institute (ANSI) standards, and have the following characteristics: (1)Created from an AS400 operating system only. (2)8mm (.315-inch) tape cartridges will be 2 1/2-inch by 3 3/4-inch. (3)The 8mm tape cartridges must meet the following specifications: TracksDensityCapacity 120 (43245 BPI)2.3 Gb 121 (45434 BPI)5 Gb (4) Mode will be full function. (5)Compressed data is not acceptable. (6)Either EBCDIC (Extended Binary Coded Decimal Interchange Code) or ASCII (American Standard Coded Informa- tion Interchange) may be used. However, IRS/MCC encourages the use of EBCDIC. This information must appear on the external media label affixed to the cartridge. (7)A file may consist of more than one cartridge; however, no more than 250,000 documents may be transmitted per file or per cartridge. The filename, for example, IRSTAX, will contain a three digit extension. The extension will indicate the sequence of the cartridge within the file (e.g., 1 of 3, 2 of 3, and 3 of 3 will appear in the header label as IRSTAX.001, IRSTAX.002, and IRSTAX.003 on each cartridge of the file). The Transmitter “T” Record must only appear on the first cartridge. The End of Transmission “F” Record should be placed only on the last cartridge for files containing mul- tiple cartridges. .02The 8mm (.315-inch) tape cartridge records defined in this Revenue Procedure may be blocked subject to the following: (a) A block must notexceed 32,250 tape positions. (b)If the use of blocked records would result in a short block, the last block of the file may be filled with 9s or truncated. (c)All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within the block. The number of log- ical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 750. (d) Various COPY commands have been successful; however, the SAVE OBJECT COMMANDis not acceptable. (e)Extraneous data following the “F” Record will result in IRS/MCC requesting a replacement file. (f)Records may not span blocks. (g)No more than 250,000 documents per cartridge and per file. *Note: Advanced Metal Evaporated (AME) cartridges are not acceptable. .03For faster processing, IRS/MCC encourages transmitters to use header labeled cartridges. IRSTAX may be used as a sug- gested filename. .04For the purposes of this Revenue Procedure, the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD configuration 001111 (8421). (c)May follow the header label and precede and/or follow the trailer label. .05If extraneous data follows the End of Transmission “F” Record, IRS/MCC will request a replacement file. Therefore, IRS/MCC encourages transmitters to use blank tape cartridges, rather than cartridges previously used, in the preparation of data when submitting information returns. .06IRS/MCC can only read one data file on a tape. A data file is a group of records which may or may not begin with a tape- mark, but must end with a trailer label. Any data beyond the trailer label cannot be read by IRS programs. .074mm (.157-inch) cassettes are now acceptable with the following specifications: (a)4mm cassettes will be 2 1/4-inch by 3-inch. (b) The tracks are 1 (one). (c)The density is 19 (61000 BPI). (d)The typical capacity is DDS (DAT data storage) at 1.3 Gb (60 meter) or 2 Gb (90 meter), or DDS-2 at 4Gb (120 meter). (e)The general specifications for 8mm cartridges also apply to the 4mm cassettes. *Note: 4mm cassettes with a capacity of DDS-3 (125 meter) are not acceptable. .08Various Quarter-Inch Cartridges (QIC) (1/4-inch) are also acceptable. (a)QIC cartridges will be 4” by 6”. (b)QIC cartridges must meet the following specifications: May 21, 200112242001–21 I.R.B. SizeTracksDensityCapacity QIC-248/95 (8000 BPI)45Mb or 60Mb QIC-1201515 (10000 BPI) 120Mb or 200Mb QIC-1501816 (10000 BPI) 150Mb or 250Mb QIC-5252617 (16000 BPI) 525Mb QIC-10003021 (36000 BPI)1Gb QIC-2Gb4234 (40640 BPI) 2Gb (c)The general specifications that apply to 8mm cartridges also apply to QIC cartridges. Sec. 5. 3 1/2-Inch Diskette Specifications .01To be compatible, a diskette file must meet the following specifications: (a)3 1/2-inches in diameter. (b)Data mustbe recorded in standard ASCII code. (c)Records must be a fixed length of 750 bytes per record. (d)Delimiter character commas (,) must not be used. (e)Positions 749 and 750 of each record have been reserved for use as carriage return/line feed (cr/lf) characters, if applicable. (f)Filename of IRSTAX must be used. Do not enter any other data in this field. If a file will consist of more than one diskette, the filename IRSTAX will contain a three-digit extension. This extension will indicate the sequence of the diskettes within the file. For example, if the file consists of three diskettes, the first diskette will be named IRSTAX.001, the second will be IRSTAX.002, and the third will be IRSTAX.003. The first diskette, IRSTAX.001 will begin with a “T” Record and the third diskette, IRSTAX.003 will have an “F” Record at the end of the file. (g) A diskette will not contain multiple files as defined in Part A, Section 17. A file may have only ONE Transmitter “T” Record. (h)Failure to comply with instructions will result in IRS/MCC requesting a replacement file. (i)Diskettes must meet one of the following specifications: CapacityTracksSides/DensitySector Size 1.44 mb96tpihd512 1.44 mb135tpi hd 512 1.2 mb96tpi hd 512 .02IRS/MCC encourages transmitters to use blank or currently formatted diskettes when preparing files. If extraneous data fol- lows the End of Transmission “F” Record, IRS/MCC will request a replacement file. .03IRS/MCC will onlyaccept 3 1/2-inch diskettes created using MS-DOS. .04 3 1/2-inch diskettes created on a System 36 or AS400 are notacceptable. .05 Transmitters should check media for viruses before submitting it to IRS/MCC. Sec. 6. Transmitter “T” Record - General Field Descriptions .01 The Transmitter “T” Record identifies the entity transmitting the magnetic media/electronic file and contains information which is supplied on the Form 4804, Transmittal of Information Returns Reported Magnetically. The “T” Record has been created to facilitate current magnetic/electronic processing of information returns at IRS/MCC. .02The Transmitter “T” Record is the first record on each file and is followed by a Payer “A” Record. See Part A, Sec. 17, Definition of Terms, for the definition of file. A file format diagram is located at the end of Part E, Miscellaneous Information, just before the mail labels. A replacement file will be requested by IRS/MCC if the “T” Record is not present. For transmitters with multiple diskettes, refer to Sec. 5, 3 1/2-Inch Diskette Specifications. .03No money or payment amounts are reported in the Transmitter “T” Record. .04For all fields marked “Required”, the transmitter must provide the information described under Description and Remarks. 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 positions and for the indicated length. .05 All records must be a fixed length of 750 positions. .06 The Transmitter “T” Record must be followed by the Payer “A” Record, which must be followed with Payee “B” Records; however, the initial record on each file must be a Transmitter “T” Record. .07 All alpha characters entered in the “T” Record must be upper-case. 2001–21 I.R.B.1225May 21, 2001 Record Name: Transmitter “T” Record Field PositionField TitleLengthDescription and Remarks 1Record Type1Required. Enter “T.” 2-5Payment Year4Required.Enter “2001” (unless reporting prior year data; report the year which applies [1998, 1999, etc.] and set the Prior Year Data Indicator in field position 6). 6Prior Year1Required.Enter “P”only if reporting prior year data; otherwise, Dataenter blank. IndicatorDo not enter a “P” if tax year is2001. 7-15Transmitter’s9Required. Enter the transmitter’s nine-digit Taxpayer Identification TINNumber. May be an EIN, SSN, or ITIN. 16-20Transmitter5Required.Enter the five character alpha/numeric Transmitter Control CodeControl Code (TCC) assigned by IRS/MCC. A TCC must be obtained to file data within this program. 21-22Replacement Alpha 2Required for replacement files only.Enter the alpha/numeric character Characterwhich appears immediately following the TCC number on the Media Tracking Slip (Form 9267). The Form 9267 accompanies corre- spondence sent by IRS/MCC when files can not be processed. This field must be blank unless a replacement file has been requested. If the file is being replaced magnetically, information is required in this field. If the file was originally sent magnetically, but the replacement is being sent electronically, the information is required in this field. Otherwise, leave blank for electronic files. Left-justify information and fill unused positions with blanks. If this is not a replacement file, enter blanks. 23-27Blank5Enter blanks. 28Test File Indicator1Required for test files only.Enter a “T” if this is a test file; other- wise, enter a blank. 29 Foreign Entity Indicator 1Enter a “1” (one) if the transmitter is a foreign entity. If the trans- mitter is not a foreign entity, enter a blank. 30-69Transmitter Name40Required.Enter the name of the transmitter in the manner in which it is used in normal business. Left-justify and fill unused positions with blanks. 70-109Transmitter Name40Enter any additional information that may be part of the name. Left (Continuation)justify information and fill unused positions with blanks. 110-149 Company Name40Required.Enter the name of the company to be associated with the address where correspondence should be sent. 150-189Company Name40Enter any additional information that may be part of the name of (Continuation)the company where correspondence should be sent. 190-229Company Mailing40Required.Enter the mailing address where correspondence should Addressbe sent. *Note: Any correspondence relating to problem media or electronic files will be sent to this address. 230-269Company City40Required. Enter the city, town, or post office where correspon- dence should be sent. 270-271Company State2Required. Enter the valid U. S. Postal Service state abbreviation. Refer to the chart of valid state codes in Part A, Sec.18. May 21, 200112262001–21 I.R.B. Record Name: Transmitter “T” Record (Continued) Field PositionField TitleLengthDescription and Remarks 272-280Company ZIP Code9Required. Enter the valid nine-digit ZIP Code assigned by the U. S. Postal Service. If only the first five digits are known, left-justify information and fill unused positions with blanks. 281-295Blank15Enter blanks 296-303Total Number 8Enter the total number of Payee “B” Records reported in the file. of PayeesRight-justify information and fill unused positions with zeros. 304-343Contact Name 40Required.Enter the name of the person to be contacted if IRS/MCC encounters problems with the file or transmission. 344-358Contact Phone15Required.Enter the telephone number of the person to contact Number & Extension regarding magnetic/electronic files. Omit hyphens. If no extension is available, left-justify information and fill unused positions with blanks. For example, the IRS/MCC Call Site phone number of 304- 263-8700 with an extension of 52345 would be 304263870052345. 359-360Magnetic Tape File2Required for magnetic tape/tape cartridge filers only.Enter the Indicator letters “LS” (in uppercase only). Use of this field by filers using other types of media will be acceptable but is not required. 361-375Electronic File Name For15Required.Use for an electronic file which “FILE STATUS” has a Replacement Fileindicated was rejected. Enter the ORIGINAL or CORRECTION electronic file name assigned by the IRS electronic FIRE system. EXAMPLE: If you have sent an original file, the TCC is 44444 and it is your first original file, then the filename would be ORIG.44444.0001 If you are sending an original, correction, or test file, enter blanks. 376Vendor Indicator1Required. Enter the appropriate code from the table below to indi- cate if your software was provided by a vendor or produced in- house. IndicatorUsage VYour software was purchased from a vendor or other outside source. IYour software was produced by in-house program- mers. *Note: In-house programmer is defined as an employee or a hired contract programmer. If your software is produced in- house the following Vendor information fields are not required. 377-416Vendor Name40Required. Enter the name of the company from whom you purchased your software. 417-456Vendor Mailing40Required.Enter the mailing address. Address 457-496Vendor City40Required.Enter the city, town, or post office. 497-498Vendor State2Required.Enter the valid U.S. Postal Service state abbre- viation. Refer to the chart of valid state codes in Part A, Sec. 18. 499-507Vendor ZIP Code9Required. Enter the valid nine-digit ZIP Code assigned by the U.S. Postal Service. If only the first five digits are known, left-justify information and fill unused positions with blanks. 2001–21 I.R.B.1227May 21, 2001 CompanyCompanyCompanyCompanyBlankTotalContact Mailing City StateZIPNumberName Address Codeof Payees Record Name: Transmitter “T” Record (Continued) Field PositionField TitleLengthDescription and Remarks 508-547Vendor Contact40Required. Enter the name of the person who can be contacted Nameconcerning any software questions. 548-562Vendor Contact Phone15Required. Enter the telephone number of the person to contact Number & Extensionconcerning software questions. Omit hyphens. If no extension is available, left-justify information and fill unused positions with blanks. 563-582Vendor Contact20Required.Enter the email address of the person to contact Email Addressconcerning software questions. 583-748Blank186Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Sec. 7. Transmitter “T” Record - Record Layout May 21, 200112282001–21 I.R.B. RecordPaymentPrior YearTransmitter’sTransmitterReplacement TypeYearDataTIN ControlAlphaBlank IndicatorCode Character 12-567-1516-2021-2223-27 Test FileForeignTransmitterTransmitterCompanyCompany IndicatorEntityNameNameNameName Indicator(Continuation)(Continuation) Contact MagneticElectronic Vendor VendorVendorVendor PhoneTape FileFileIndicatorNameMailingCity Number & IndicatorName For a Address ExtensionReplacement File 282930-6970-109110-149 150-189 190-229 230-269270-271 272-280 281-295296-303304-343 344-358359-360361-375376377-416417-456457-496 Vendor Vendor VendorVendor Vendor StateZIPContactContactContactBlankBlank or CodeNamePhoneEmailCR/LF Number & Address Extension 497-498499-507508-547548-562 563-582583-748749-750 Sec. 8. Payer “A” Record - General Field Descriptions .01The Payer “A” Record identifies the person making payments, a recipient of mortgage or student loan interest payments, an educational institution, a broker, a person reporting a real estate transaction, a barter exchange, a creditor, a trustee or issuer of any IRA or MSA plan, and a lender who acquires an interest in secured property or who has reason to know that the property has been abandoned. The payer will be held responsible for the completeness, accuracy, and timely submission of magnetic/electronic files. The Payer “A” Record also provides parameters for the succeeding Payee “B” Records. IRS computer programs rely on the absolute relationship between the parameters and data fields in the “A” Record and the data fields in the “B” Records to which they apply. .02The number of “A” Records depends on the number of payers and the different types of returns being reported. The payment amounts for one payer and for one type of return should be consolidated under one “A” Record if submitted on the same file. .03Do not submit separate “A” Records for each payment amount being reported. For example, if a payer is filing Form 1099- DIV to report Amount Codes 1, 2, and 3, all three amount codes should be reported under one “A” Record, not three separate “A” Records. For “B” Records that do not contain payment amounts for all three amount codes, enter zeros for those which have no pay- ment to be reported. .04When reporting Form 1098, Mortgage Interest Statement, and Form 1098-E, Student Loan Interest Statement, the “A” Record will reflect the name and TIN of the recipient of the interest payment, (recipient/lender). The “B” Record will reflect the individual paying the interest (the borrower/payer of record) and the amount paid. When reporting Form 1099-LTC, Long-Term Care and Accelerated Death Benefits, the Payee Name Line of the “B” Record will reflect the policyholder. The name of the insured will be reported in Field Positions 557-596 of the Payee “B” Record. For Form 1099-S, Proceeds From Real Estate Transactions, the “A” Record will reflect the person responsible for reporting the transaction (the filer of the Form 1099-S) and the “B” Record will reflect the seller/transferor. When reporting Form 1098-T, Tuition Payments Statement, the “A” Record will reflect the name and TIN of the educational institution receiving tuition payments. The “B” Record will reflect the name and TIN of the student on whose behalf the tuition is being paid. Until regulations are adopted, no penalties will be imposed under IRC sections 6721 or 6722 for failure to file or furnish correct Forms 1098-E or 1098-T, if you made a good faith effort to file and furnish them. .05The second record on the file must be an “A” Record. A transmitter may include “B” Records for more than one payer on a tape or diskette. However, each groupof “B” Records must be preceded by an “A” Record and followed by an End of Payer “C” Record. A single tape or diskette may contain different types of returns but the types of returns must notbe intermingled. A sepa- rate “A” Record is required for each payer and each type of return being reported. .06All records must be a fixed length of 750 positions. .07The initial record on a file must be a “T” Record followed by an “A” Record. IRS/MCC will accept an “A” Record after a “C” Record to report an additional payer or a different type of return. An “A” Record may be blocked with “B” Records. A file for- mat diagram is located at the end of Part E, Miscellaneous Information, just before the mail labels. .08Do not begin any record at the end of a block or diskette and continue the same record into the next block or diskette. .09All alpha characters entered in the “A” Record must be upper-case. .10 For all fields marked“Required”, the transmitter must provide the information described under Description and Remarks. 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 media position(s) and for the indicated length. Record Name: Payer “A” Record Field PositionField TitleLengthDescription and Remarks 1Record Type1Required. Enter “A.” 2-5Payment Year4Required. Enter “2001” (unless reporting prior year data; report the year which applies [1999, 2000, etc.]). 6-11Blank6Enter blanks. 12-20Payer’s9Required.Must be the valid nine-digit Taxpayer Identification TaxpayerNumber assigned to the payer. Do not enter blanks, hyphens, or Identificationalpha characters.All zeros, ones, twos, etc., will have the effect Numberof an incorrect TIN. (TIN) *Note: For foreign entities that are not required to have a TIN, this field must be blank. However, the Foreign Entity Indicator, position 52 of the “A” Record, must be set to “1” (one). 21-24 Payer Name 4The Payer Name Control can be obtained only from the mail label Controlon the Package 1099 that is mailed to most payers each December. 2001–21 I.R.B.1229May 21, 2001 Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Package 1099 contains Form 7018-C, Order Blank for Forms, and the mail label on the package contains a four (4) character name con- trol. If a Package 1099 has not been received or the Payer Name Control is unknown, this field must be blank filled. For a business, use the first four significant characters of the business name. Disregard the word “the” when it is the first word of the name, unless there are only two words in the name. A dash (-) and an ampersand (&) are the only acceptable special characters.Names of less than four (4) characters should be left-justified, filling the unused posi- tions with blanks. 25Last Filing1Enter a “1” (one) if this is the last yearthe payer will file; otherwise, Indicatorenter blank. Use this indicator if the payer will not be filing infor- mation returns under this payer name and TIN in the future either magnetically, electronically, or on paper. 26Combined1Required for the Combined Federal/State Filing Program.Enter Federal/State“1” (one) if participating in the Combined Federal/State Filing Program; Filerotherwise, enter blank. Refer to Part A, Sec. 16, for further informa- tion. 27Type of1Required. Enter the appropriate code from the table below: Return Type of ReturnCode 10983 1098-E2 1098-T8 1099-A4 1099-BB 1099-C5 1099-DIV1 1099-GF 1099-INT6 1099-LTC T 1099-MISCA 1099-MSAM 1099-OID D 1099-PATR7 1099-R 9 1099-SS 5498 L 5498-MSAK W-2G W 28-39 Amount12Required. Enter the appropriate amount codes for the type of return Codesbeing reported. Generally, for each amount code entered in this (See Note)field, a corresponding payment amount mustappear in the Payee “B” Record. In most cases, the box numbers on paper information returns correspond with the amount codes used to file magnetical- ly/electronically. However, if discrepancies occur, this Revenue Procedure governs. May 21, 200112302001–21 I.R.B. Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Example of Amount Codes: If position 27 of the Payer “A” Record is “A” (for 1099-MISC) and positions 28-39 are “1247ACb/b/b/b/b/b/”, this indicates the payer is reporting any or all six payment amounts (1247AC) in all of the following “B” Records. (In this example, “b/ ” denotes blanks in the designated positions. Do not enter the letter “b”.) The first payment amount field (1) will represent rents; the second payment amount field (2) will represent royalties; the third payment amount field (3)will be all “0” (zeros); the fourth payment amount field (4)will represent Federal income tax withheld; the fifth and sixth payment amount fields (5 and 6) will be all “0” (zeros); the seventh payment amount field (7) will represent non-employee compensation; the eighth and ninth payment amount fields (8 and 9) will be all “0” (zeros); the tenth payment amount field (A) will represent crop insurance proceeds; the eleventh payment amount field (B) will be all “0” (zeros); and the twelfth payment amount field (C) will represent gross proceeds paid to an attorney in connection with legal services. Enter the amount codes in ascending sequence(i.e., 1247ACb/b/b/b/b/b/ ), left-justify information, and fill unused positions with blanks. For further clarification of the amount codes, contact IRS/MCC. * Note: A type of return and an amount code must be present in every Payer “A” Record even if no money amounts are being reported. For a detailed explanation of the information to be reported in each amount code, refer to the appropriate paper instructions for each form. Amount Codes Form 1098-For Reporting Mortgage Interest Received From Mortgage InterestPayers/Borrowers (Payer of Record) on Form 1098: Statement Amount CodeAmount Type 1Mortgage interest received from payer(s)/borrower(s) 2Points paid on purchase of principal residence 3Refund (or credit) of overpaid interest 4Blank (Filer’s use) Amount Codes Form 1098-E -For Reporting Interest on Student Loans on Student Loan InterestForm 1098-E Amount CodeAmount Type 1Student loan interest received by lender Amount Codes Form 1098-T-For Reporting Tuition Payments on Form 1098-T: Tuition Payments StatementAmount CodeAmount Type See the 2001 “Instructions for1Qualified tuition and related expenses Forms 1098-E and 1098-T”2Reimbursements or refunds for further Information3Scholarships or grants Amount Codes Form 1099-A- For Reporting the Acquisition or Abandonment Acquisition or Abandonmentof Secured Property on Form 1099-A: of Secured Property 2001–21 I.R.B.1231May 21, 2001 Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Amount See the 2001 “Instructions forCodeAmount Type Forms 1099-A and 1099-C”2Balance of principal outstanding for further information on4 Fair market value of property coordination with Form 1099-C. Amount Codes Form 1099-B-For Reporting Payments on Form 1099-B: Proceeds From Broker andAmount Barter ExchangeCodeAmount Type Transactions2Stocks, bonds, etc. (For forward contracts, see Note 1.) 3Bartering (Do not report negative amounts.) 4Federal income tax withheld (backup withholding) (Do not report negative amounts.) 6Profit (or loss) realized in 2001 7Unrealized profit (or loss) on open con- tracts-12/31/2000 (See Note 2.) 8Unrealized profit (or loss) on open con- tracts-12/31/2001 (See Note 2.) 9Aggregate profit (or loss) (See Note 2.) *Note 1: The payment amount field associated with Amount Code 2 may be used to report a loss from a closing transaction on a forward contract. Refer to the “B” Record - General Field Descriptions and Record Layouts, Payment Amount Fields, for instructions on reporting negative amounts. *Note 2: Payment Amount Fields 6, 7, 8, and 9 are to be used for the reporting of regulated futures or foreign currency contracts. Amount Codes Form 1099-C-For Reporting Cancellation of Debt on Form 1099-C: Cancellation of Debt Amount CodeAmount Type 2Amount of debt canceled 3Interest, if included in Amount Code 2 7Fair market value of property (See Note) *Note: Use Amount Code 7 only if a combined Form 1099-A and 1099-C is being filed. Amount Codes Form 1099-DIV-For Reporting Payments on Form 1099-DIV: Dividends and Distributions Amount CodeAmount Type See the 2001 “Instructions for1Ordinary dividends Form 1099-DIV”for further2Total capital gains distributions information.328% rate gain 4Qualified 5-year gain 5Unrecaptured section 1250 gain 6Section 1202 gain 7Nontaxable distributions 8Federal income tax withheld (backup withholding) 9Investment expenses May 21, 200112322001–21 I.R.B. Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Amount CodeAmount Type AForeign tax paid BCash liquidation distribution CNoncash liquidation distribution Amount Codes Form 1099-G- For Reporting Payments on Form 1099-G: Certain Government and Qualified State Tuition Program PaymentsAmount CodeAmount Type 1Unemployment compensation 2State or local income tax refunds, credits, or offsets 4Federal income tax withheld (backup withholding or voluntary withholding on unemployment compensation or Commo- dity Credit Corporation Loans, or certain crop disaster payments) 5Qualified state tuition program earnings 6Taxable grants 7Agriculture payments Amount Codes Form 1099-INT- For Reporting Payments on Form 1099-INT: Interest Income Amount CodeAmount Type 1Interest income not included in Amount Code 3 2Early withdrawal penalty 3Interest on U.S. Savings Bonds and Treasury obligations 4Federal income tax withheld (backup withholding) 5Investment expenses 6Foreign tax paid Amount Codes Form 1099-LTC -For Reporting Payments on Form 1099-LTC: Long-Term Care and Accelerated Death BenefitsAmount CodeAmount Type 1Gross long-term care benefits paid 2Accelerated death benefits paid Amount Codes Form 1099-MISC-For Reporting Payments on Form 1099-MISC: Miscellaneous Income (See Note 1)Amount CodeAmount Type 1Rents 2Royalties (See Note 2) 3Other income 4Federal income tax withheld (backup withholding or withholding on Indian gaming profits) 5Fishing boat proceeds 2001–21 I.R.B.1233May 21, 2001 Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Amount CodeAmount Type 6Medical and health care payments 7Nonemployee compensation 8Substitute payments in lieu of dividends or interest ACrop insurance proceeds BExcess golden parachute payments CGross proceeds paid to an attorney in connection with legal services *Note 1: When using the Direct Sales Indicator in position 547 of the Payee “B” Record, use Type of Return Code A and Amount Code 1 in the Payer “A” Record. All payment amount fields in the Payee “B” Record will contain zeros. *Note 2: Do not report timber royalties under a “pay-as-cut” contract; these must be reported on Form 1099-S. Amount Codes Form 1099-MSA-For Reporting Distributions from a Medical Distributions From an MSA orSavings Account or Medicare+Choice MSA Medicare+Choice MSAon Form 1099-MSA: Amount CodeAmount Type 1Gross distribution 2Earnings on excess contributions 4Fair market value of the account on date of death Amount Codes Form 1099-OID- For Reporting Payments on Form 1099-OID: Original Issue Discount Amount See the 2001 “Instructions forCodeAmount Type Forms 1099-INT and 1099-OID” 1Original issue discount for 2001 for further reporting information.2Other periodic interest 3Early withdrawal penalty 4Federal income tax withheld (backup withholding) 6 Original issue discount on U.S. Treasury obligations 7Investment expenses Amount Codes Form 1099-PATR- For Reporting Payments on Form 1099-PATR: Taxable Distributions Received From CooperativesAmount CodeAmount Type 1Patronage dividends 2Nonpatronage distributions 3Per-unit retain allocations 4Federal income tax withheld (backup withholding) 5Redemption of nonqualified notices and retain allocations Pass-Through Credits 6For filer’s use for pass-through credits 7Investment credit 8Work opportunity credit May 21, 200112342001–21 I.R.B. Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks Pass-Through Credits 9Patron’s alternative minimum tax (AMT) adjustment Amount Codes Form 1099-R-For Reporting Payments on Form 1099-R: Distributions From Pensions, Annuities, Amount Retirement or Profit- CodeAmount Type Sharing Plans, IRAs, 1Gross distribution Insurance Contracts, etc. 2Taxable amount (See Note 1.) 3Capital gain (included in Amount Code 2) 4Federal income tax withheld 5Employee contributions or insurance premiums 6Net unrealized appreciation in employ- er’s securities 8Other 9Total employee contributions ATraditional IRA/SEP/SIMPLE distribu- tion or Roth conversion (See Note 2.) *Note 1: If the taxable amount cannot be determined, enter a “1” (one) in position 547 of the “B” Record. For a traditional IRA, SEP, or SIMPLE distribution, generally enter in Payment Amount Field A the same amount entered in Payment Amount Field 1. *Note 2: For Form 1099-R, report the Roth conversion or total amount distributed from an IRA, SEP, or SIMPLE in Payment Amount Field A (IRA/SEP/SIMPLE distribution or Roth conversion) of the Payee “B” Record, and generally, the same amount in Payment Amount Field 1 (Gross Distribution). The IRA/SEP/SIMPLE indicator should be set in Field Position 548 of the Payee “B” Record. Amount Codes Form 1099-S- For Reporting Payments on Form 1099-S: Proceeds From Real Estate Amount Transactions CodeAmount Type 2Gross proceeds (See Note.) 5Buyer’s part of real estate tax *Note: Include payments of timber royalties made under a “pay-as-cut” contract, reportable under IRC section 6050N. If timber royalties are being reported, enter “TIMBER” in the description field of the “B” Record. Amount Codes Form 5498- For Reporting Information on Form 5498: IRA Contribution Information Amount CodeAmount Type 1IRA contributions (other than amounts in Amount Codes 2, 3, 4, 8, 9, A, and B) (SeeNotes 1 and 2.) 2Rollover contributions 3Roth conversion amount 4Recharacterized contributions 5Fair market value of account 6Life insurance cost included in Amount Code 1 8SEP contributions 9SIMPLE contributions 2001–21 I.R.B.1235May 21, 2001 Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks ARoth IRA contributions BEducation IRA contributions *Note 1: If reporting IRA contributions for a participant in a military operation, see 2001“Instructions for Forms 1099-R and 5498”. *Note 2: Also include employee contributions to an IRA under a SEP plan but not salary reduction contributions. DO NOT include EMPLOYER contributions; these are included in Amount Code 8. Amount Codes Form 5498-MSA-For Reporting Information on 5498-MSA: MSA or Medicare+Choice MSA InformationAmount CodeAmount Type 1Employee or self-employed person’s MSA contributions made in 2001and 2002for 2001 2Total contributions made in 2001 3Total MSA contributions made in 2002 for 2001 4Rollover contributions (See Note.) 5Fair market value of MSA or M+C MSA account on December 31, 2001 * Note: This is the amount of any rollover made to this MSA in 2001 after a distribution from another MSA. For detailed information on reporting, see the 2001 “Instructions for Forms 1099-MSA and 5498-MSA.” Amount Codes Form W-2G- For Reporting Payments on Form W-2G: Certain Gambling Winnings Amount CodeAmountType 1Gross winnings 2Federal income tax withheld 7Winnings from identical wagers 40-47 Blank8Enter blanks. 48Original File1Required for original files only.Enter “1” (one) if the information Indicatoris original data. Otherwise, enter a blank. 49 Replacement 1 Required for replacement files only.Enter “1” (one) if this file is to File Indicatorreplace a file that IRS/MCC has informed you in writing can not be processed. Otherwise, enter a blank. * Note: If selecting the Replacement File Indicator in Position 49, Field Positions 48 and 50 must be blank. Only one indicator may be selected for each Payer “A” Record. 50 Correction1Required for correction files only.Enter “1” (one) if the purpose of File Indicatorthis file is to correct information which was previously submitted to IRS/MCC, was processed, but contained erroneous information. Do not submit original information as corrections. Any information return which was inadvertently omitted from a file must be submit- ted as original. Otherwise, enter a blank. 51Blank1Enter a blank. May 21, 200112362001–21 I.R.B. Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks 52 Foreign1Enter a “1” (one) if the payer is a foreign entity and income is paid Entity by the foreign entity to a U. S. resident. If the payer is not a foreign Indicatorentity, enter a blank. 53-92 First 40 Required. Enter the name of the payer whose TIN appears in Payer Name positions 12-20 of the “A” Record. Any extraneous information Line must be deleted. Left-justify information, and fill unused positions with blanks. (Filers should not enter a transfer agent’s name in this field. Any transfer agent’s name should appear in the Second Payer Name Line Field.) 93-132 Second 40 If the Transfer (or Paying) Agent Indicator (position 133) contains Payer Namea “1” (one), this field must contain the name of the transfer (or Line paying) agent. If the indicator contains a “0” (zero), this field may contain either a continuation of the First Payer Name Line or blanks. Left-justify information and fill unused positions with blanks. 133Transfer 1Required. Identifies the entity in the Second Payer Name Line AgentField. (See Part A, Sec. 17, for a definition of transfer agent.) Indicator CodeMeaning 1The entity in the Second Payer Name Line Field is the transfer (or paying) agent. 0 (zero) The entity shown is notthe transfer (or paying) agent (i.e., the Second Payer Name Line Field contains either a con- tinuation of the First Payer Name Line Field or blanks). 134-173 Payer 40Required. If the Transfer Agent Indicator in position 133 is a “1” Shipping (one), enter the shipping address of the transfer (or paying) agent. AddressOtherwise, enter the actualshipping address of the payer. The street address should include number, street, apartment or suite number (or P. O. Box if mail is not delivered to street address). Left-justify information, and fill unused positions with blanks. For U.S. addresses, the payer city, state, and ZIP Code must be reported as a 40, 2, and 9 position field, respectively. Filers must adhere to the correct format for the payer city, state, and ZIP Code. For foreign addresses, filers may use the payer city, state, and ZIP Code as a continuous 51 position field. Enter information in the following order: city, province or state, postal code, and the name of the country. When reporting a foreign address, the Foreign Entity Indicator in position 52 must contain a “1” (one). 174-213 Payer City40Required. If the Transfer Agent Indicator in position 133 is a “1” (one), enter the city, town, or post office of the transfer agent. Otherwise, enter the city, town, or post office of the payer. Left-justify information, and fill unused positions with blanks. Do not enter state and ZIP Code information in this field. 214-215Payer State 2Required. Enter the valid U.S. Postal Service state abbreviations. Refer to the chart of valid state abbreviations in Part A, Sec. 18. 216-224Payer ZIP9Required. Enter the valid nine-digit ZIP Code assigned by the U.S. CodePostal Service. If only the first five digits are known, left-justify information and fill the unused positions with blanks. For foreign countries, alpha characters are acceptable as long as the filer has entered a “1” (one) in the Foreign Entity Indicator, located in Field Position 52 of the “A” Record. 2001–21 I.R.B.1237May 21, 2001 Record Name: Payer “A” Record (Continued) Field PositionField TitleLengthDescription and Remarks 225-239Payer Phone15Enter the payer’s phone number and extension. Number & Extension 240-748Blank509Enter blanks. 749-750Blank 2Enter blanks or carriage return/line feed (CR/LF) characters. Sec. 9. Payer “A” Record - Record Layout May 21, 200112382001–21 I.R.B. 12-56-1112-2021-2425 Combined TypeAmountBlankOriginalReplacementCorrection Federal/StateofCodesFileFileFile FilerReturnIndicatorIndicatorIndicator PayerPayer PayerPayer PhoneBlankBlank or CityStateZIPNumber andCR/LF CodeExtension 5152 53-9293-132133134-173 BlankForeignFirstSecondTransferPayer Entity Payer NamePayer NameAgentShipping IndicatorLineLineIndicatorAddress 262728-3940-47484950 RecordPaymentBlankPayerPayer NameLast Filing TypeYearTINControlIndicator 174-213214-215216-224225-239240-748749-750 Sec. 10. Payee “B” Record - General Field Descriptions and Record Layouts .01The “B” Record contains the payment information from the information returns. When filing information returns, the format for the “B” Records will remain constant and is a fixed length of 750 positions. The record layout for field positions 1 through 543 is the same for all types of returns. Field positions 544 through 750 vary for each type of return to accommodate special fields for individual forms. In the “A” Record, the amount codes that appear in field positions 28 through 39 will be left-justified and filled with blanks. In the “B” Record, the filer mustallow for all twelve Payment Amount Fields. For those fields not used, enter “0s” (zeros). For example, a payer reporting on Form 1099-MISC should enter “A” in field position 27 of the “A” Record, Type of Return. If reporting payments for Amount Codes 1, 2, 4, 7, A and C, the payer would report field positions 28 through 39 of the “A” Record as “1247ACb/b/b/b/b/b/.” (In this example, “b/ ” denotes blanks. Do not enter the letter “b”.) In the “B” Record: Positions 55 through 66 for Payment Amount 1will represent rents. Positions 67-78 for Payment Amount 2will represent royalties. Positions 79-90 for Payment Amount 3will be “0’s” (zeros). Positions 91-102 for Payment Amount 4will represent Federal income tax withheld. Positions 103-126 for Payment Amounts 5 and 6will be “0’s” (zeros). Positions 127-138 for Payment Amount 7 will represent nonemployee compensation. Positions 139-162 for Payment Amounts 8 and 9will be “0’s” (zeros). Positions 163-174 for Payment Amount Awill represent crop insurance proceeds. Positions 175-186 for Payment Amount Bwill be “0’s” (zeros). Positions 187-198 for Payment Amount Cwill represent gross proceeds paid to an attorney in connection with legal services. .02The following specifications include a field in the payee records called “Name Control” in which the first four characters of the payee’s surname are to be entered by the filer; (a)If filers are unable to determine the first four characters of the surname, the Name Control Field may be left blank. Compliance with the following will facilitate IRS computer programs in identifying the correct name control: (1)The surname of the payee whose TIN is shown in the “B” Record should always appear first. If, however, the records have been developed using the first name first, the filer must leave a blank space between the first and last names. (2) In the case of multiple payees, only the surname of the payee whose TIN (SSN, EIN, ITIN, or ATIN) is shown in the “B” Record must be present in the First Payee Name Line. Surnames of any other payees may be entered in the Second Payee Name Line. .03See Part A, Sec. 14, for further information concerning Taxpayer Identification Numbers (TINs). .04 For all fields marked“Required”, the transmitter must provide the information described under Description and Remarks. For those fields not marked“Required”, the 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. .05All records must be a fixed length of 750 positions. .06A field is also provided in these specifications for Special Data Entries. This field may be used to record information required by state or local governments, or for the personal use of the filer. IRS does not use the data provided in the Special Data Entries Field; therefore, the IRS program does not check the content or format of the data entered in this field. It is the filer’s option to use the Special Data Entry Field. .07Following the Special Data Entries Field in the “B” Record, payment fields have been allocated for State Income Tax Withheld and Local Income Tax Withheld. These fields are for the convenience of the filers. The information will not be used by IRS/MCC. .08Those payers participating in the Combined Federal/State Filing Program must adhere to all of the specifications in Part A, Sec. 16, to participate in this program. Filers may not file Forms 1098, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-LTC, 1099- MSA, 1099-S, 5498-MSA, and W-2G under the Combined Federal/State Filing Program. .09All alpha characters in the “B” Record must be uppercase. .10 Do notuse decimal points (.) to indicate dollars and cents. Ten dollars must appear as 000000001000 in the payment amount field. .11IRS strongly encourages transmitters to review the data for accuracy before submission to prevent issuance of erroneous notices. Transmitters should be especially careful that the names, TINs, account numbers, types of income, and income amounts are correct. .12When reporting Form 1098, Mortgage Interest Statement and Form 1098-E, Student Loan Interest Statement, the “A” Record will reflect the name and TIN of the recipient of the interest or payment (recipient/lender). The “B” Record will reflect the individ- ual paying the interest (borrower/payer of record) and the amount paid. When reporting Form 1099-LTC, Long-Term Care and Accelerated Death Benefits, the Payee Name Line of the “B” Record will reflect the policyholder. The name of the insured will be reported in Field Positions 557-596 of the Payee “B” Record. For Form 1099-S, Proceeds From Real Estate Transactions, the “A” Record will reflect the person responsible for reporting the transaction (the filer of the Form 1099-S) and the “B” Record will reflect the seller/transferor. When reporting Form 1098-T, Tuition Payments Statement, the “A” Record will reflect the name and TIN of the educational institution receiving tuition payments. The “B” Record will reflect the name and TIN of the student on whose behalf the tuition is being paid. Record Name: Payee “B” Record Field PositionField TitleLengthDescription and Remarks 1Record Type1 Required. Enter “B”. 2-5Payment Year 4 Required. Enter “2001” (unless reporting prior year data; report the year which applies [1999, 2000, etc.]). 6Corrected 1Required for corrections only.Indicates a corrected return. Return Indicator (See Note.)CodeDefinition G If this is a one-transaction correction or the first of a two-transaction correction C If this is the second transaction of a two transaction correction BlankIf this is not a return being submitted to cor- rect information already processed by IRS. 2001–21 I.R.B.1239May 21, 2001 Record Name: Payee “B” Record (Continued) Field PositionField TitleLengthDescription and Remarks *Note: C, G, and non-coded records must be reported using separate Payer “A” Records. Refer to Part A, Sec. 13, for specific instructions on how to file corrected returns. 7-10 Name Control 4If determinable, enter the first four characters of the surname of the person whose TIN is being reported in positions 12-20 of the “B” Record; otherwise, enter blanks. This usually is the payee. If the name that corresponds to the TIN is not included in the first or sec- ond payee name line and the correct name control is not provided, a backup withholding notice may be generated for the record. Surnames of less than four characters should be left-justified, filling the unused positions with blanks. Special characters and imbedded blanks should be removed. In the case of a business, other than a sole proprietorship, use the first four significant characters of the business name. Disregard the word “the” when it is the first word of the name, unless there are only two words in the name. A dash (-) and an ampersand (&) are the only acceptable special characters. Surname prefixes are considered, e.g., for Van Elm, the name control would be VANE. For a sole proprietorship use the name of the owner to create the name control and report the owner’s name in positions 248 – 287, First Payer Name Line. *Note: Imbedded blanks, extraneous words, titles, and special characters (i.e., Mr., Mrs., Dr., period [.], apostrophe [’]) should be removed from the Payee Name Lines. This information may be dropped during subsequent processing at IRS/MCC. A dash (-) and an ampersand (&) are the only acceptable special characters. The following examples may be helpful to filers in developing the Name Control: NameName Control Individuals: Jane BrownBROW John A. LeeLEE* James P. En, Sr. EN* John O’Neill ONEI Mary VanBuren VANB Juan DeJesusDEJE Gloria A. El-RoyEL-R Mr. John Smith SMIT Joe McCarthy MCCA Pedro Torres-LopesTORR Maria Lopez Moreno**LOPE Binh To LaLA* Nhat Thi PhamPHAM Mark D’Allesandro DALL Corporations: The First National Bank FIRS TheHideaway THEH A&BCafeA&BC 11THStreet Inc. 11TH Sole Proprietor: Mark Hemlock DBA The Sunshine Club HEML May 21, 200112402001–21 I.R.B. Record Name: Payee “B” Record (Continued) Field PositionField TitleLengthDescription and Remarks NameName Control Partnership: Robert Aspen and Bess Willow ASPE Harold Fir, Bruce Elm, and Joyce Spruce et al PtrFIR* Estate: Frank White EstateWHIT Estate of Sheila BlueBLUE Trusts and Fiduciaries: Daisy Corporation Employee Benefit TrustDAIS Trust FBO The Cherryblossom SocietyCHER Exempt Organization: Laborer’s Union, AFL-CIO LABO St. Bernard’s Methodist Church Bldg. FundSTBE *Name Controls of less than four significant characters must be left-justified and blank-filled. **For Hispanic names, when two last names are shown for an individual, derive the name control from the first last name. 11 Type of 1 This field is used to identify the Taxpayer Identification Number TIN (TIN) in positions 12-20 as either an Employer Identification Number (EIN), a Social Security Number (SSN), an Individual Taxpayer Identification Number (ITIN) or an Adoption Taxpayer Identification Number (ATIN). Enter the appropriate code from the following table: CodeTypeofTINTypeofAccount 1 EIN A business, organization, sole propri- etor, or other entity 2 SSN An individual, including a sole pro- prietor or 2 ITINAn individual required to have a tax- payer identification number, but who is not eligible to obtain an SSN or 2ATINAn adopted individual prior to the assignment of a social security number Blank N/AIf the type of TIN is not determinable, enter a blank. 12-20 Payee’s 9 Required. Enter the nine digit Taxpayer Identification Number of Taxpayerthe payee (SSN, ITIN, ATIN, or EIN). If an identification number Identificationhas been applied for but not received, enter blanks. Do not enter Numberhyphens or alpha characters. All zeros, ones, twos, etc., will have (TIN)the effect of an incorrect TIN. If the TIN is not available, enter blanks. Payers who submit data with missing TINs, and have taken the required steps to obtain this information, should con- tact IRS/MCC by telephone or mail. 21-40 Payer’s 20 Enter any number assigned by the payer to the payee (e.g., checking Account Number or savings account number). Filers are encouraged to use this field. For PayeeThis number helps to distinguish individual payee records and should be unique for each document. Do not use the payee’s TIN 2001–21 I.R.B.1241May 21, 2001 Record Name: Payee “B” Record (Continued) Field PositionField TitleLengthDescription and Remarks since this will not make each record unique. This information is par- ticularly useful when corrections are filed. This number will be pro- vided with the backup withholding notification and may be helpful in identifying the branch or subsidiary reporting the transaction. Do not define data in this field in packed decimal format. If fewer than twenty characters are used, filers may either left or right-justify, fill- ing the remaining positions with blanks. 41-44Payer’s Office4Enter office code of payer; otherwise, enter blanks. For payers Codewith multiple locations, this field may be used to identify the loca- tion of the office submitting the information return. This code will also appear on backup withholding notices. 45-54Blank10Enter blanks. Payment Required. Filers should allow for all payment amounts. For Amount Fieldsthose not used, enter zeros. See Sec. 10.01 for a detailed example. (Must be numeric)Each payment field must contain 12 numeric characters. Each payment (See Note.)amount must contain U.S. dollars and cents. The right-most two positions represent cents in the payment amount fields. Do not enter dollar signs, commas, decimal points, or negative payments, except those items that reflect a loss on Form 1099-B. Positive and nega- tive amounts are indicated by placing a “+” (plus) or “-” (minus) sign in the left-most position of the payment amount field. A negative over punch in the units position may be used, instead of a minus sign, to indicate a negative amount. If a plus sign, minus sign, or negative over punch is not used, the number is assumed to be positive. Negative over punch cannot be used in PC created files. Payment amounts must be right-justified and unused positions must be zero- filled. Federal income tax withheld cannot be reported as a neg- ative amount on any form. *Note: Filers must enter numeric information in all payment fields when filing magnetically or electronically. However, when reporting information on the statement to the recipient, the payer may be instructed to leave a box blank. Follow the guidelines provided in the paper instructions for the statement to the recipient. 55-66 Payment 12 The amount reported in this field represents payments for Amount Amount 1*Code 1 in the “A” Record. 67-78 Payment 12The amount reported in this field represents payments for Amount 2*Amount Code 2 in the “A” Record. 79-90 Payment 12 The amount reported in this field represents payments for Amount 3*Amount Code 3 in the “A” Record. 91-102 Payment 12 The amount reported in this field represents payments for Amount 4*Amount Code 4 in the “A” Record. 103-114 Payment 12 The amount reported in this field represents payments for Amount 5*Amount Code 5 in the “A” Record. 115-126 Payment 12 The amount reported in this field represents payments for Amount 6*Amount Code 6 in the “A” Record. 127-138 Payment 12 The amount reported in this field represents payments for Amount 7*Amount Code 7 in the “A” Record. 139-150 Payment 12 The amount reported in this field represents payments for Amount 8*Amount Code 8 in the “A” Record. May 21, 200112422001–21 I.R.B. Record Name: Payee “B” Record (Continued) Field PositionField TitleLengthDescription and Remarks 151-162 Payment 12 The amount reported in this field represents payments for Amount 9*Amount Code 9 in the “A” Record. 163-174 Payment 12 The amount reported in this field represents payments for Amount A*Amount Code A in the “A” Record. 175-186 Payment 12 The amount reported in this field represents payments for Amount B*Amount Code B in the “A” Record. 187-198 Payment 12 The amount reported in this field represents payments for Amount C*Amount Code C in the “A” Record. *If there are discrepancies between the payment amount fields and the boxes on the paper forms, the instructions in this Revenue Procedure govern. 199-246 Reserved 48 Enter blanks. 247 Foreign 1 If the address of the payee is in a foreign country, enter a “1” Country(one) in this field; otherwise, enter blank. When filers use this Indicatorindicator, they may use a free format for the payee city, state, and ZIP Code. Address information must not appear in the First or Second Payee Name Line. 248-287 First Payee 40 Required. Enter the name of the payee (preferably surname first) Name Line whose Taxpayer Identification Number (TIN) was provided in (See Notes.)positions 12-20 of the “B” Record. Left-justify and fill unused posi- tions with blanks. If more space is required for the name, use the Second Payee Name Line Field. The names of any other payees may be entered in the Second Payee Name Line Field. If reporting infor- mation for a sole proprietor, the individual’s name must always be present, preferably on the First Payee Name Line. The use of the business name is optional in the Second Payee Name Line Field. End the First Payee Name Line with a full word. Do not split words. *Note 1: Extraneous words, titles, and special characters (i.e., Mr., Mrs., Dr., period, apostrophe) should be removed from the Payee Name Lines. This information may be dropped during subsequent processing at IRS/MCC. A dash and an ampersand are the only acceptable special characters. *Note 2: On Form 5498, for Inherited IRAs, enter the beneficiary’s name followed by the word “beneficiary”, for example, “Brian Young as beneficiary of Joan Smith”. Filers may abbreviate the word “beneficiary” as, for example, “benef”. The beneficiary’s TIN must be reported in positions 12-20 of the “B” Record. Refer to the 2001 “Instructions for Forms 1099-R and 5498”. 288-327 Second Payee 40 If there are multiple payees (e.g., partners, joint owners, or Name Line spouses), use this field for those names not associated with the TIN provided in positions 12-20 of the “B” Record, or if not enough space was provided in the First Payee Name Line, continue the name in this field. Do not enter address information. It is important that filers provide as much payee information to IRS/MCC as possible to identify the payee associated with the TIN. Left-justify and fill unused positions with blanks. Fill with blanks if no entries are pre- sent for this field. 328-367Blank40Enter blanks. 368-407 Payee Mailing 40 Required. Enter mailing address of payee. Street address should Address include number, street, apartment or suite number (or P.O. Box if mail is not delivered to street address). Left-justify information and 2001–21 I.R.B.1243May 21, 2001 Record Name: Payee “B” Record (Continued) Field PositionField TitleLengthDescription and Remarks fill unused positions with blanks. This field must notcontain any data other than the payee’s mailing address. For U.S. addresses, the payee city, state, and ZIP Code must be reported as a 40, 2, and 9 position field, respectively. Filers must adhere to the correct format for the payee city, state, and ZIP Code. For foreign addresses, filers may use the payee city, state, and ZIP Code as a continuous 51 position field. Enter information in the following order: city, province or state, postal code, and the name of the country. When reporting a foreign address, the Foreign Country Indicator in position 247 must contain a “1” (one). 408-447Blank 40Enter blanks. 448-487 Payee City40 Required.Enter the city, town or post office. Left-justify informa- tion and fill the unused positions with blanks. Enter APO or FPO if applicable. Do not enter state and ZIP Code information in this field. 488-489 Payee State 2 Required. Enter the valid U.S. Postal Service state abbreviations for states or the appropriate postal identifier (AA, AE, or AP) described in Part A, Sec. 18. 490-498 Payee ZIP9 Required.Enter the valid ZIP Code (nine or five digit) assigned Codeby the U.S. Postal Service. If only the first five digits are known, left-justify information and fill the unused positions with blanks. For foreign countries, alpha characters are acceptable as long as the filer has entered a “1” (one) in the Foreign Country Indicator, located in position 247 of the “B” Record. 499-543Blank45Enter blanks. Standard Payee “B” Record Format For All Types of Returns, Positions 1-543 May 21, 200112442001–21 I.R.B. Record PaymentCorrectedNameType of Payee’sPayer’s TypeYear ReturnControlTINTIN Account IndicatorNumber 12-567-101112-2021-40 Payer’s BlankPaymentPaymentPaymentPaymentPayment Office Amount Amount AmountAmountAmount Code12345 41-4445-5455-6667-78 79-90 91-102103-114 PaymentPaymentPaymentPaymentPaymentPayment Amount AmountAmountAmountAmountAmount 6789AB 115-126 127-138 139-150151-162163-174175-186 PaymentReservedForeignFirst PayeeSecond Payee Blank Amount CountryName LineName Line CIndicator 187-198199-246247248-287288-327328-367 The following sections define the field positions for the different types of returns in the Payee “B” Record (positions 544-750): (l)Form 1098 (2)Form 1098-E (3)Form 1098-T (4)Form 1099-A (5)Form 1099-B (6)Form 1099-C (7)Form 1099-DIV* (8)Form 1099-G* (9)Form 1099-INT* (10) Form 1099-LTC (11) Form 1099-MISC* (12) Form 1099-MSA (13) Form 1099-OID* (14) Form 1099-PATR* (15) Form 1099-R* (16) Form 1099-S (17) Form 5498* (18) Form 5498-MSA (19) Form W-2G • These forms may be filed through the Combined Federal/State Filing Program. IRS/MCC will forward these records to partic- ipating states for filers who have been approved for the program. See Part A, Sec. 16, for information about the program, includ- ing specific codes for the record layouts. (1) Payee “B” Record - Record Layout Positions 544-750 for Forms 1098 Field PositionField Title Length Description and Remarks 544-662 Blank119Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information Entriesfor state or local government reporting or for the filer’s own purpos- es. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-748 Blank26Enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 Forms 1098 2001–21 I.R.B.1245May 21, 2001 PayeeBlankPayeePayeePayeeBlank MailingCityStateZIP Code Address 368-407408-447448-487488-489490-498499-543 BlankSpecial BlankBlank Dataor CR/LF Entries 544-662663-722723-748749-750 (2) Payee “B” Record - Record Layout Positions 544-750 for Forms 1098-E Field PositionField Title Length Description and Remarks 544-546 Blank 3 Enter blanks. 547Origination1Enter “1” (one) if the amount reported in Payment Amount Field Fees/Capitalized1 includes loan origination fees and/or capitalized interest. Otherwise, Interest Indicatorenter a blank. 548-662Blank115Enter blanks. 663-722 Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723-748Blank 26Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 Forms 1098-E May 21, 200112462001–21 I.R.B. Blank OriginationBlankDataBlankBlank Fees/Entriesor CR/LF Capitalized Special Interest 544-546547548-662663-722723-748749-750 (3) Payee “B” Record - Record Layout Positions 544-750 for Forms 1098-T Field PositionField Title Length Description and Remarks 544-546 Blank 3 Enter blanks. 547Half-time1Enter “1” (one) if the student was at least a half-time Studentstudent during any academic period that began in 2001. Otherwise, Indicatorenter a blank. 548Graduate 1Enter “1” (one) if the student is enrolled exclusively in a graduate Studentlevel program. Otherwise, enter a blank. Indicator 549-662Blank114Enter blanks. 663-722 Special Data60This portion of the “B” Record may be used to record information Entriesfor state or local government reporting or for the filer’s own pur- poses. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723-748Blank 26Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 Form 1098-T 2001–21 I.R.B.1247May 21, 2001 BlankHalf-time GraduateBlankSpecial BlankBlank or StudentStudentData CR/LF IndicatorIndicatorEntries 544-546547548549-662663-722723-748749-750 (4) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-A Field PositionField Title Length Description and Remarks 544-546 Blank3 Enter blanks. 547 Personal1Enter the appropriate indicator from the table below: Liability Indicator Indicator Usage 1Borrower was personally liable for repayment of the debt. BlankBorrower was not personally liable for repayment of the debt. 548-555Date of8Enter the acquisition date of the secured property or the Lender’sdate the lender first knew or had reason to know the property was Acquisition orabandoned, in the format YYYYMMDD (e.g., January 5, 2001, would Knowledge ofbe 20010105). Do not enter hyphens or slashes. Abandonment 556-594 Description 39Enter a brief description of the property. For real property, enter of Propertythe address, or, if the address does not sufficiently identify the prop- erty, enter the section, lot and block. For personal property, enter the type, make and model (e.g., Car-1999 Buick Regal or Office Equipment). Enter “CCC” for crops forfeited on Commodity Credit Corporation loans. If fewer than 39 positions are required, left-jus- tify information and fill unused positions with blanks. 595-662 Blank 68 Enter blanks. 663-722 Special Data 60 This portion of the “B” Record may be used to record information Entriesfor state or local government reporting or for the filer’s own pur- poses. Payers should contact the state or local revenue departments for the filing requirements. If this field is not utilized, enter blanks. 723-748 Blank26Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 Form 1099-A Blank Personal Date of Lender’sDescriptionBlank LiabilityAcquisition orof IndicatorKnowledge ofProperty Abandonment 544-546547548-555556-594 595-662 SpecialBlank Blank Data or CR/LF Entries May 21, 200112482001–21 I.R.B. 663-722723-748749-750 (5) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-B Field PositionField Title Length Description and Remarks 544Second TIN1Enter “2” (two) to indicate notification by IRS twice within three calendar Noticeyears that the payee provided an incorrect name and/or TIN combination; (Optional)otherwise, enter a blank. 545-546 Blank 2Enter blanks. 547 Gross 1 Enter the appropriate indicator from the following table, to identify Proceedsthe amount reported in Amount Code 2; otherwise, enter a blank. Indicator Indicator Usage 1Gross proceeds 2Gross proceeds less commissions and options premiums 548-555 Date of8 For broker transactions, enter the trade date of the transaction. For Sale barter exchanges, enter the date when cash, property, a credit, or scrip is actually or constructively received in the format YYYYM- MDD (e.g., January 5, 2001, would be 20010105). Enter blanks if this is an aggregate transaction. Do not enter hyphens or slashes. 556-568 CUSIP Number13 For broker transactions only, enter the CUSIP (Committee on Uniform Security Identification Procedures) number of the item reported for Amount Code 2 (stocks, bonds, etc.). Enter blanks if this is an aggre- gate transaction. Enter “0s” (zeros) if the number is not available. Right-justify information and fill unused positions with blanks. 569-607 Description 39 If fewer than 39 characters are required, left-justify information and fill unused positions with blanks. For broker transactions, enter a brief description of the disposition item (e.g., 100 shares of XYZ Corp). For regulated futures and forward contracts, enter “RFC” or other appropriate description. For bartering transactions, show the services or property provided. 608-662Blank 55Enter blanks. 663-722 Special Data 60 This portion of the “B” Record may be used to record information Entries for state or local government reporting or for the filer’s own purpos- es. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the filers. This Tax Withheld information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income 12Local income tax withheld is for the convenience of the Tax Withheld filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. (5) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-B (Continued) Field PositionField Title Length Description and Remarks 747-748 Blank2 Enter blanks. 749-750Blank 2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-B 2001–21 I.R.B.1249May 21, 2001 SecondBlankGrossDate ofCUSIPDescription TIN NoticeProceedsSaleNumber (Optional)Indicator 544545-546547548-555556-568569-607 Blank SpecialStateLocalBlankBlank DataIncomeIncomeor EntriesTaxTaxCR/LF WithheldWithheld 608-662663-722723-734735-746747-748749-750 (6) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-C Field Position Field Title Length Description and Remarks 544-546 Blank 3 Enter blanks. 547Bankruptcy1Enter “1” (one) to indicate the debt was discharged in bankruptcy, Indicatorif known. Otherwise, enter a blank. 548-555Date 8Enter the date the debt was canceled in the format of YYYYMMDD Canceled (e.g., January 5, 2001, would be 20010105). Do not enter hyphens or slashes. 556-594Debt39Enter a description of the origin of the debt, such as student loan, Descriptionmortgage, or credit card expenditure. If a combined Form 1099-C and 1099-A is being filed, also enter a description of the property. 595-662Blank68Enter blanks. 663-722 Special Data 60This portion of the “B” Record may be used to record Entries information for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-748 Blank 26 Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-C May 21, 200112502001–21 I.R.B. Blank BankruptcyDateDebtBlankSpecial IndicatorCanceledDescriptionData Entries (7) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-DIV Field Position Field Title Length Description and Remarks 544Second TIN1Enter “2” (two) to indicate notification by IRS twice within three calendar Noticeyears that the payee provided an incorrect name and/or TIN combination; (Optional)otherwise, enter a blank. 545-546 Blank2Enter blanks. 547-586Foreign Country40Enter the name of the foreign country or U.S. possession to which or U.S.the withheld foreign tax (Amount Code A) applies. Otherwise, Possessionenter blanks. 587-662Blank 76Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record Entriesinformation for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-734State Income12State income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Combined 2 If this payee record is to be forwarded to a state agency Federal/as part of the Combined Federal/State Filing Program, enter the valid State Codestate code from Part A, Sec. 16, Table 1. For those payers or states not participating in this program, enter blanks. 749-750 Blank2 Enter blanks or carriage return/line feed (CR/LF) characters. Blank Blank or CR/LF 544-546547548-555556-594 595-662663-722 723-748749-750 Payee “B” Record - Record Layout Positions 544-750 for Form 1099-DIV 2001–21 I.R.B.1251May 21, 2001 SecondBlankForeignBlankSpecial TINCountryData Entries Noticeor U.S. (Optional)Possession 723-734735-746747-748749-750 State Local CombinedBlank IncomeIncomeFederal/or CR/LF TaxTax State WithheldWithheldCode 544545-546547-586587-662 663-722 (8) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-G Field Position Field Title Length Description and Remarks 544-546 Blank3 Enter blanks. 547Trade or1Enter “1” (one) to indicate the state or local income tax refund, credit, Business or offset (Amount Code 2) is attributable to income tax that applies Indicatorexclusively to income from a a trade or business. IndicatorUsage 1Income tax refund applies exclusively to a trade or business. BlankIncome tax refund is a general tax refund. 548-551Tax Year 4Enter the tax year for which the refund, credit, or offset (Amount of RefundCode 2) was issued. The tax year must reflect the year for which the payment was made, not the tax year of the Form 1099-G. The tax year must be in the four position format of YYYY (e.g., 1999). The valid range of years for the refund is 1991 through 2000. *Note: This data is not considered prior year data since it is required to be reported in the current tax year. Do NOT enter “P” in field position 6 of the Transmitter “T” Record. 552-662Blank 111Enter blanks. 663-722 Special Data 60 This portion of the “B” Record may be used to record information for Entries state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for fil- ing requirements. You may enter your routing and transit number (RTN) here. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income 12Local income tax withheld is for the convenience of the filers. This Tax Withheld information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- (8) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-G (Continued) Field Position Field Title Length Description and Remarks filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Combined2 If this payee record is to be forwarded to a state agency as part of the Federal/Combined Federal/State Filing Program, enter the valid state code State Codefrom Part A, Sec. 16, Table 1.For those payers or states not partici- pating in this program, enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-G May 21, 200112522001–21 I.R.B. Blank Trade orTax Year BlankSpecialState BusinessofDataIncome IndicatorRefundEntriesTax Withheld 544-546547548-551552-662663-722723-734 Local CombinedBlank Income Federal/or CR/LF Tax State WithheldCode 735-746747-748749-750 (9) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-INT Field Position Field Title Length Description and Remarks 544Second TIN1Enter “2” (two) to indicate notification by IRS twice within three calendar Noticeyears that the payee provided an incorrect name and/or TIN combination; (Optional)otherwise, enter a blank. 545-546 Blank2Enter blanks. 547-586Foreign Country40Enter the name of the foreign country or U.S. possession to which or U.S. the withheld foreign tax (Amount Code 6) applies. Otherwise, enter Possessionblanks. 587-662Blank 76Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record Entriesinformation for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. You may enter your routing and transit number (RTN) here. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. (9) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-INT (Continued) Field Position Field Title Length Description and Remarks 735-746Local Income12Local income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Combined 2 If this payee record is to be forwarded to a state agency as part of the Federal/ Combined Federal/State Filing Program, enter the valid state code from State Code Part A, Sec. 16, Table 1. For those payers or states not participating in this program, enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-INT 2001–21 I.R.B.1253May 21, 2001 SecondBlank ForeignBlankSpecialState TINCountryDataIncome Noticeor U.S.EntriesTax (Optional) PossessionWithheld 544545-546547-586587-662663-722723-734 Local CombinedBlank IncomeFederal/or CR/LF TaxState WithheldCode 735-746747-748749-750 (10) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-LTC Field Position Field Title Length Description and Remarks 544-546Blank 3Enter blanks. 547Type of 1Enter the appropriate indicator from the following table; otherwise, Paymententer blanks. Indicator Indicator Usage 1Per diem 2Reimbursed amount 548-556 Social Security 9Required.Enter the Social Security Number of the insured. Number of Insured 557-596Name of40Required.Enter the name of the insured. Insured 597-636Address40Required. Enter the address of the insured. Street address should of Insured include number, street, apartment or suite number (or P.O. Box if not delivered to street address). Left-justify information and fill unused positions with blanks. This field must notcontain any data other than payee’s address. (10) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-LTC (Continued) Field Position Field Title Length Description and Remarks For U.S. addresses, the payee city, state, and ZIP Code must be reported as a 40, 2, and 9 position field, respectively. Filers must adhere to the correct format for the insured’s city, state, and ZIP Code. For foreign addresses, filers may use the insured’s city, state, and ZIP Code as a continuous 51 position field. Enter information in the following order: city, province or state, postal code, and the name of the country. When reporting a foreign address, the Foreign Country Indicator in position 247 must contain a “1” (one). 637-676City of 40Required. Enter the city, town, or post office. Left-justify information Insuredand fill the unused positions with blanks. Enter APO or FPO, if applicable. Do not enter state and Zip Code information in this field. 677-678State of2Required.Enter the valid U.S. Postal Service state abbreviations for Insuredstates or the appropriate postal identifier (AA, AE, or AP) described in Part A, Sec. 18. 679-687ZIP Code9Required.Enter the valid nine digit ZIP Code assigned by the U.S. of InsuredPostal Service. If only the first five digits are known, left-justify information and fill the unused positions with blanks. For foreign countries, alpha characters are acceptable as long as the filer has entered a “1” (one) in the Foreign Country Indicator located in posi- tion 247 of the “B” Record. 688Status of1Enter the appropriate code from the table below to indicate the Illnessstatus of the illness of the insured; otherwise, enter blank: Indicator (Optional) IndicatorUsage 1Chronically ill 2Terminally ill 689-696Date 8Enter the latest date of a doctor’s certification of the Certifiedstatus of the insured’s illness. The format of the date is YYYYMMDD (Optional)(e.g., January 5, 2001, would be 20010105). Do not enter hyphens or slashes. 697Qualified 1Enter a “1” (one) if benefits were from a qualified long-term Contract (Optional)care insurance contract; otherwise, enter blank. 698-722Blank25Enter blanks. 723-734State Income12State income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. 735-746Local Income12Local income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. 747-748 Blank 2 Enter blanks. 749-750Blank 2Enter blanks or carriage return/line feed (CR/LF) characters. May 21, 200112542001–21 I.R.B. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-LTC 2001–21 I.R.B.1255May 21, 2001 BlankType of SSN ofName ofAddressCity ofState ofZIP Code PaymentInsuredInsuredofInsuredInsuredof Insured IndicatorInsured 688689-696 697698-722723-734735-746 Status ofDateQualifiedBlankStateLocal IllnessCertifiedContractIncomeIncome Indicator(Optional)IndicatorTaxTax (Optional)(Optional)WithheldWithheld 544-546547548-556557-596597-636637-676677-678679-687 BlankBlank or CR/LF 747-748749-750 (11) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MISC Field Position Field Title Length Description and Remarks 544Second TIN1Enter “2” to indicate notification by IRS twice within three calendar Noticeyears that the payee provided an incorrect name and/or TIN (Optional)combination; otherwise, enter a blank. 545-546 Blank 2Enter blanks. 547Direct Sales1Enter a “1” (one) to indicate sales of $5,000 or more of consumer Indicatorproducts to a person on a buy-sell, deposit-commission, (See Note.)or any other commission basis for resale anywhere other than in a permanent retail establishment. Otherwise, enter a blank. *Note: If reporting a direct sales indicator only, use Type of Return “A” in Field Position 27, and Amount Code 1 in Field Position 28 of the Payer “A” Record. All payment amount fields in the Payee “B” Record will contain zeros. 548-662Blank115Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record Entriesinformation for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not used, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. (11) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MISC (Continued) Field Position Field Title Length Description and Remarks 747-748 Combined 2 If this payee record is to be forwarded to a state agency as part of Federal/the Combined Federal/State Filing Program, enter the valid state code State Codefrom Part A, Sec. 16, Table 1. For those payers or states not partici- pating in this program, enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MISC May 21, 200112562001–21 I.R.B. SecondBlankDirectBlankSpecialStateLocal TINSalesDataIncomeIncome NoticeIndicatorEntriesTaxTax (Optional)WithheldWithheld 747-748749-750 CombinedBlank Federal/or CR/LF State Code 544545-546547548-662663-722723-734735-746 (12) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MSA Field Position Field Title Length Description and Remarks 544Blank 1Enter blank. 545Distribution1Required.Enter the applicable code to indicate the type of Code payment: CodeCategory 1Normal distribution 2Excess contribution 3Disability 4Death distribution other than code 6 (This includes distributions to a spouse, nonspouse, or estate beneficiary in the year of death and to an estate after the year of death.) 5Prohibited transaction 6Death distributionafter year of deathto a nonspouse beneficiary (Do not use for distribution to an estate.) 546Blank1Enter a blank. 547Medicare+Choice 1Enter “1” (one) if distributions are from a Medicare+Choice MSA. MSAIndicatorOtherwise, enter a blank. 548-662Blank115Enter blanks. (12) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MSA (Continued) Field Position Field Title Length Description and Remarks 663-722Special Data 60This portion of the “B” Record may be used to record Entriesinformation for state or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Blank 2 Enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-MSA 2001–21 I.R.B.1257May 21, 2001 BlankDistributionBlankMedicare+ BlankSpecial Data CodeChoice MSAEntries Indicator State Local BlankBlank Income TaxIncome Tax or WithheldWithheldCR/LF (13) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-OID Field Position Field Title Length Description and Remarks 544Second TIN1Enter “2” (two) to indicate notification by IRS twice within three calendar Noticeyears that the payee provided an incorrect name and/or TIN combination; (Optional)otherwise, enter a blank. 545-546 Blank 2Enter blanks. 547-585 Description 39 Required.Enter the CUSIP number, if any. If there is no CUSIP number, enter the abbreviation for the stock exchange and issuer, the coupon rate, and year (must be 4 digit year) of maturity (e.g., NYSE XYZ 12 1/ 2001). Show the name of the issuer if other than the payer. If fewer than 39 characters are required, left- justify information and fill unused positions with blanks. 544545546547548-662663-722 723-734735-746747-748749-750 (13) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-OID (Continued) Field Position Field Title Length Description and Remarks 586-662Blank77Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for fil- ing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Combined 2 If this payee record is to be forwarded to a state agency as part of the Federal/Combined Federal/State Filing Program, enter the valid state code State Code from Part A, Sec. 16, Table l. For those payers or states not partici- pating in this program, enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-OID May 21, 200112582001–21 I.R.B. SecondBlankDescriptionBlankSpecialState TIN DataIncome NoticeEntriesTax (Optional)Withheld 544545-546547-585586-662663-722723-734 Local CombinedBlank Income Federal/or CR/LF TaxState WithheldCode 735-746747-748749-750 (14) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-PATR Field Position Field Title Length Description and Remarks 544Second TIN1Enter “2” (two) to indicate notification by IRS twice within three Noticecalendar years that the payee provided an incorrect name and/or TIN (Optional)combination; otherwise, enter a blank. 545-662 Blank 118Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for fil- (14) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-PATR (Continued) Field Position Field Title Length Description and Remarks ing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the filers. Tax WithheldThis information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748 Combined 2 If this payee record is to be forwarded to a state agency as part of the Federal/Combined Federal/State Filing Program, enter the valid state code from State CodePart A, Sec. 16, Table 1. For those payers or states not participating in this program, enter blanks. 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for 1099-PATR 2001–21 I.R.B.1259May 21, 2001 SecondBlankSpecialState Local CombinedBlank TIN DataIncomeIncome Federal/or CR/LF NoticeEntriesTaxTaxState (Optional)WithheldWithheldCode 544545-662663-722723-734735-746747-748749-750 (15) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-R Field Position Field Title Length Description and Remarks 544Blank1Enter blank. 545-546Distribution Code2Required.Enter at least one distribution code from the table below. More than one code may apply. If only one code is required, it must be entered in position 545 and position 546 must be blank. A blank in (For a detailedposition 545 is not acceptable. Position 545 must contain a numeric explanation ofcode except when using Code D, E, F, G, H, J, L, M, N, P, R, S, or T. distribution codes, Distribution Code A, when applicable, must be entered in position see the 2001“Instruc-546 with the applicable numeric code in position 545. When using Code tions for Forms P for an IRA distribution under section 408(d)(4) of the Internal 1099-R and 5498.”)Revenue Code, the filer may also enter Code 1, 2, or 4, if applicable. Only three numeric combinations are acceptable, Codes 8 and 1, 8 and 2, and 8 and 4, on one return. These three combinations can be used only if both codes apply to the distribution being reported. If more than one numeric code is applicable to different parts of a dis- tribution, report two separate “B” Records. Distribution Codes E, F, H, N, R, and S cannot be used with any other codes. Distribution Code G may be used with Distribution Code 4 only if applicable. (15) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks CodeCategory 1*Early distribution, no known exception (in most cases, under age 59 1/2) 2*Early distribution, exception applies (Under age 59 1/2) 3 *Disability 4 *Death 5 *Prohibited transaction 6 Section 1035 exchange (a tax-free exchange of life insurance, annuity, or endowment contracts) 7*Normal distribution 8*Excess contributions plus earnings/ excess deferrals (and/or earnings) tax- able in 2001 9PS 58 costs (premiums paid by a trustee or custodian for current insurance protec- tion) AMay be eligible for 10-year tax option D *Excess contributions plus earnings/ excess deferrals taxable in 1999 E Excess annual additions under section 415 F Charitable gift annuity GDirect rollover to IRA H *Direct rollover to qualified plan or tax- sheltered annuity or a transfer from a conduit IRA to a qualified plan JEarly distribution from a Roth IRA, no known exception. (This code may be used with Code 5, 8, or P.) LLoans treated as deemed distributions under section 72(p) MDistribution from an education IRA (Ed IRA) NRecharacterized IRA contribution made for 2001 P*Excess contributions plus earnings/ excess deferrals taxable in 2000 RRecharacterized IRA contribution made for 2000 (See Note.) S*Early distribution from a SIMPLE IRA in first 2 years, no known exception TRoth IRA distribution, exception applies. (This code may be used with Code 5, 8, or P.) *If reporting a traditional IRA, SEP, or SIMPLE distribution or a Roth conversion, use the IRA/SEP/SIMPLE Indicator of “1” (one) in position 548 of the Payee “B” Record. *Note: The trustee of the first IRA must report the recharacterization as a distribution on Form 1099-R (and the original contribution and its character on Form 5498). May 21, 200112602001–21 I.R.B. (15) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks 547Taxable Amount1Enter “1” (one) only if the taxable amount of the payment entered Not Determinedfor Payment Amount Field 1 (Gross distribution) of the “B” Record Indicatorcannot be computed; otherwise, enter blank.(If Taxable Amount Not Determined Indicator is used, enter “0’s” [zeros] in Payment Amount Field 2 of the Payee “B” Record.) Please make every effort to compute the taxable amount. 548IRA/SEP/1Enter “1” (one) for a traditional IRA, SEP, or SIMPLE distribution or SIMPLE Indicator Roth conversion; otherwise, enter a blank. (See Note.) If the IRA/SEP/SIMPLE Indicator is used, enter the amount of the Roth conversion or distribution in Payment Amount Field A of the Payee “B” Record.Do not use the indicator for a distribution from a Roth or education IRA or for an IRA recharacterization. * Note: For Form 1099-R, generally, report the Roth conversion or total amount distributed from a traditional IRA, SEP, or SIMPLE in Payment Amount Field A (traditional IRA/SEP/SIMPLE distribution or Roth conversion), as well as Payment Amount Field 1 (Gross Distribution) of the “B” Record. Refer to the 2001“Instructions for Forms 1099-R and 5498” for exceptions (Box 2a instructions). 549Total 1Enter a “1” (one) only if the payment shown for Amount Code 1 Distribution is a total distribution that closed out the account; otherwise, enter a blank. Indicator (See Note.) *Note: A total distribution is one or more distributions within one tax year in which the entire balance of the account is distributed. Any distribution that does not meet this definition is not a total distribution. 550-551Percentage 2Use this field when reporting a total distribution to more than one of Total person, such as when a participant is deceased and a payer distributes Distribution to two or more beneficiaries. Therefore, if the percentage is 100, leave this field blank. If the percentage is a fraction, round off to the nearest whole number (for example, 10.4 percent will be 10 percent; 10.5 percent will be 11 percent). Enter the percentage received by the person whose TIN is included in positions 12-20 of the “B” Record. This field must be right-justified, and unused positions must be zero-filled. If not applicable, enter blanks. Filers are not required to enter this information for any IRA distribution or for direct rollovers. 552-662Blank111Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information Entriesfor state or local government reporting or for the filer’s own purpos- es. The state/payer’s state number, state distribution, name of local- ity, and/or local distribution can be entered in this field. Payers should contact the state or local revenue departments for filing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the Tax Withheld filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries field. 735-746Local Income12Local income tax withheld is for the convenience of the filers. Tax WithheldThis information does not need to be reported to IRS. The payment 2001–21 I.R.B.1261May 21, 2001 (15) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-R (Continued) Field Position Field Title Length Description and Remarks amount must be right-justified and unused positions must be zero- filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries field. 747-748Combined 2If this payee record is to be forwarded to a state agency as part Federal/Stateof the Combined Federal/State Filing Program, enter the valid state Codecode from Part A, Sec. 16, Table 1. For those payers or states not par- ticipating in this program, enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record—Record Layout Positions 544-750 for Form 1099-R May 21, 200112622001–21 I.R.B. BlankDistributionTaxableIRA/SEP/SIMPLETotal CodeAmount Not IndicatorDistribution DeterminedIndicator Indicator 544545-546547548549 PercentageBlankSpecialStateLocalCombinedBlank of TotalDataIncomeIncomeFederal/or CR/LF DistributionEntriesTax TaxState WithheldWithheldCode 550-551552-662663-722723-734735-746747-748749-750 (16) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-S Field Position Field Title Length Description and Remarks 544-546Blank3Enter blanks. 547 Property or 1 Required.Enter “1” (one) if the transferor received or will receive Servicesproperty (other than cash and consideration treated as cash in Indicatorcomputing gross proceeds) or services as part of the consideration for the property transferred. Otherwise, enter a blank. 548-555 Date of 8 Required. Enter the closing date in the format YYYYMMDD Closing(e.g., January 5, 2001, would be 20010105). Do not enter hyphens or slashes. 556-594 Address or 39 Required. Enter the address of the property transferred Legal (including city, state, and ZIP Code). If the address does not sufficiently Descriptionidentify the property, also enter a legal description, such as section, lot, and block. For timber royalties, enter “TIMBER.” If fewer than 39 positions are required, left-justify information and fill unused positions with blanks. 595-662Blank68Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. (16) Payee “B” Record - Record Layout Positions 544-750 for Form 1099-S (Continued) Field Position Field Title Length Description and Remarks Payers should contact the state or local revenue departments for fil- ing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the Tax Withheld filers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the Tax Withheldfilers. This information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero-filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748Blank2Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 1099-S 2001–21 I.R.B.1263May 21, 2001 BlankPropertyDate ofAddressBlankSpecial or ServicesClosingor LegalData IndicatorDescriptionEntries 544-546547548-555556-594595-662663-722 State LocalBlankBlank IncomeIncomeor CR/LF TaxTax WithheldWithheld 723-734735-746747-748749-750 (17) Payee “B” Record - Record Layout Positions 544-750 for Form 5498 Field Position Field Title Length Description and Remarks 544-546Blank 3 Enter blanks. 547IRAIndicator1Required, if applicable.Enter “1” (one) if reporting a rollover (Individual(Amount Code 2) or Fair Market Value (Amount Code 5) for an IRA. RetirementOtherwise, enter a blank. Account) 548SEPIndicator1Required, if applicable.Enter “1” (one) if reporting rollover (Simplified(Amount Code 2) or Fair Market Value (Amount Code 5) for a SEP. Employee Pension)Otherwise, enter a blank. 549SIMPLE Indicator1Required, if applicable. Enter “1” (one) if reporting a rollover (Savings Incentive(Amount Code 2) or Fair Market Value (Amount Code 5) for a Match Plan forSIMPLE. Otherwise, enter a blank. Employees) (17) Payee “B” Record - Record Layout Positions 544-750 for Form 5498 (Continued) Field Position Field Title Length Description and Remarks 550Roth1Required, if applicable.Enter “1” (one) if reporting a rollover IRA(Amount Code 2) or Fair Market Value (Amount Code 5) for a Roth IndicatorIRA. Otherwise, enter a blank. 551Blank1Enter blank. 552Education1Required, if applicable.Enter “1” (one) if reporting a rollover IRA(Amount Code 2) or Fair Market Value (Amount Code 5) for an IndicatorEducation IRA. Otherwise, enter a blank. 553-662Blank 110Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for fil- ing requirements. If this field is not utilized, enter blanks. 723-746Blank24Enter blanks. 747-748Combined 2If this payee record is to be forwarded to a state agency as part of the Federal/StateCombined Federal/State Filing Program, enter the valid state code Codefrom Part A, Sec. 16, Table 1. For those payers or states not partici- pating in this program, enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 5498 May 21, 200112642001–21 I.R.B. Blank IRASEPSIMPLERothBlankEducation IndicatorIndicatorIndicatorIRAIRA IndicatorIndicator 544-546547548549550551552 BlankSpecialBlankCombinedBlank DataFederal/or CR/LF EntriesState Code 553-662663-722723-746 747-748749-750 (18) Payee “B” Record - Record Layout Positions 544-750 for Form 5498-MSA Field Position Field Title Length Description and Remarks 544-546Blank3Enter blanks. 547Medicare+1Enter “1” (one) for Medicare+Choice MSA. Choice MSA Indicator 548-662Blank115Enter blanks. (18) Payee “B” Record - Record Layout Positions 544-750 for Form 5498-MSA (Continued) Field Position Field Title Length Description and Remarks 663-722Special60This portion of the “B” Record may be used to record information Datafor state or local government reporting or for the filer’s own purposes. EntriesPayers should contact the state or local revenue departments for fil- ing requirements. If this field is not utilized, enter blanks. 723-748Blank26Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form 5498-MSA 2001–21 I.R.B.1265May 21, 2001 BlankMedicare +BlankSpecial DataBlankBlank or Choice MSAEntriesCR/LF Indicator 544-546547548-662663-722723-748749-750 (19) Payee “B” Record - Record Layout Positions 544-750 for Form W-2G Field Position Field Title Length Description and Remarks 544-546Blank 3 Enter blanks. 547 Type of1Required.Enter the applicable type of wager code from the table Wager Codebelow: CodeCategor y 1Horse race track (or off-track betting of a horse track nature) 2Dog race track (or off-track betting of a dog track nature) 3Jai-alai 4State-conducted lottery 5Keno 6Bingo 7Slot machines 8 Any other type of gambling winnings 548-555Date Won 8Required.Enter the date of the winning transaction in the format YYYYMMDD (e.g., January 5, 2001, would be 20010105). Do not enter hyphens or slashes. This is not the date the money was paid, if paid after the date of the race (or game). 556-570Transaction 15 Required.For state-conducted lotteries, enter the ticket or other identifying number. For keno, bingo, and slot machines, enter the ticket or card number (and color, if applicable), machine serial num- ber, or any other information that will help identify the winning transaction. For all others, enter blanks. 571-575 Race 5 If applicable, enter the race (or game) relating to the winning ticket; otherwise, enter blanks. 576-580 Cashier5 If applicable, enter the initials or number of the cashier making the winning payment; otherwise, enter blanks. (19) Payee “B” Record - Record Layout Positions 544-750 for Form W-2G (Continued) Field Position Field Title Length Description and Remarks 581-585 Window 5If applicable, enter the window number or location of the person paying the winning payment; otherwise, enter blanks. 586-600 First ID 15 For other than state lotteries, enter the first identification number of the person receiving the winning payment; otherwise, enter blanks. 601-615 Second ID 15 For other than state lotteries, enter the second identification number of the person receiving the winnings; otherwise, enter blanks. 616-662 Blank 47Enter blanks. 663-722Special Data 60This portion of the “B” Record may be used to record information for Entriesstate or local government reporting or for the filer’s own purposes. Payers should contact the state or local revenue departments for fil- ing requirements. If this field is not utilized, enter blanks. 723-734State Income 12State income tax withheld is for the convenience of the filers. This Tax Withheld information does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting state tax withheld, this field may be used as a continuation of the Special Data Entries Field. 735-746Local Income12Local income tax withheld is for the convenience of the filers. This Tax Withheldinformation does not need to be reported to IRS. The payment amount must be right-justified and unused positions must be zero- filled. If not reporting local tax withheld, this field may be used as a continuation of the Special Data Entries Field. 747-748Blank2Enter blanks. 749-750Blank2Enter blanks or carriage return/line feed (CR/LF) characters. Payee “B” Record - Record Layout Positions 544-750 for Form W-2G May 21, 200112662001–21 I.R.B. BlankType ofDateTransactionRaceCashierWindowFirst ID WagerWon Code 544-546547548-555556-570571-575576-580581-585586-600 601-615616-662663-722723-734735-746747-748749-750 Second IDBlankSpecialStateLocalBlankBlank DataIncomeIncomeor CR/LF EntriesTaxTax Withheld Withheld Sec. 11. End of Payer “C” Record - General Field Descriptions and Record Layout .01The End of Payer “C” Record is a fixed record length of 750 positions. The control total fields are each 18 positions in length. .02The “C” Record consists of the total number of payees and the totals of the payment amount fields filed by a given payer and/or a particular type of return. The “C” Record must be written after the last “B” Record for each type of return for a given payer. For each “A” Record and group of “B” Records on the file, there must be a corresponding “C” Record. A file format diagram is located at the end of Part E, Miscellaneous Information, just before the mail labels. .03In developing the “C” Record, for example, if a payer used Amount Codes 1, 3, and 6 in the “A” Record, the totals from the “B” Records would appear in Control Totals 1 (positions 16-33), 3 (positions 52-69), and 6 (positions 106-123) of the “C” Record. In this example, positions 34-51, 70-105, and 124-231 would be zero-filled. Positions 232-748 would be blank filled. .04Payers/Transmitters should verify the accuracy of the totals. IRS/MCC will request a replacement file for files with missing or incorrect “C” Records. Record Name: End of Payer “C” Record Field Position Field Title Length Description and Remarks 1 Record Type 1 Required.Enter “C.” 2-9 Number of 8 Required.Enter the total number of “B” Records covered by the Payees preceding “A” Record. Right-justify information and fill unused positions with zeros. 10-15 Blank 6 Enter blanks. 16-33 Control 18 Required.Accumulate totals of any payment amount fields in the Total 1 “B” Records into the appropriate control total fields of the “C” Record. 34-51 Control 18 Control totals must be right-justified and unused control total fields Total 2zero-filled.All control total fields are 18 positions in length. 52-69 Control 18 Total 3 70-87 Control 18 Total 4 88-105 Control 18 Total 5 106-123 Control 18 Total 6 124-141 Control 18 Total 7 142-159 Control 18 Total 8 160-177 Control 18 Total 9 178-195 Control 18 Total A 196-213Control 18 Total B 214-231 Control 18 Total C 232-748Blank 517Enter blanks. 749-750Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. End of Payer “C” Record - Record Layout 2001–21 I.R.B.1267May 21, 2001 RecordNumberBlankControlControlControlControlControlControl TypeofTotalTotalTotalTotalTotalTotal Payees123456 12-910-1516-3334-5152-6970-8788-105106-123 ControlControlControlControlControlControlBlankBlank TotalTotalTotalTotalTotalTotalor CR/LF 78 9 A B C 124-141142-159160-177178-195196-213214-231232-748749-750 Sec. 12. State Totals “K” Record - General Field Descriptions and Record Layout .01The State Totals “K” Record is a fixed record length of 750 positions. The control total fields are each 18 positions in length. .02The “K” Record is a summary for a given payer and a given state in the Combined Federal/State Filing Program, used only when state reporting approval has been granted. .03The “K” Record will contain the total number of payees and the totals of the payment amount fields filed by a given payer for a given state. The “K” Record(s) must be written after the “C” Record for the related “A” Record. A file format diagram is located at the end of Part E, Miscellaneous Information, just before the mail labels. .04In developing the “K” Record, for example, if a payer used Amount Codes 1, 3, and 6 in the “A” Record, the totals from the “B” Records coded for this state would appear in Control Totals 1, 3, and 6 of the “K” Record. .05There mustbe a separate “K” Record for each statebeing reported. .06Refer to Part A, Sec. 16, for the requirements and conditions that mustbe met to file via this program. (1) State Totals “K” Record - Record Layout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 Field Position Field Title Length Description and Remarks 1Record Type 1 Required.Enter “K.” 2-9 Number of 8 Required.Enter the total number of “B” Records being coded for Payeesthis state. Right-justify information and fill unused positions with zeros. 10-15 Blank 6 Enter blanks. 16-33 Control 18Required.Accumulate totals of any payment amount fields in the Total 1 “B” Records for each state being reported into the appropriate control 34-51Control 18 total fields of the appropriate “K” Record. Control totals must be Total 2right-justified and unused control total fields zero-filled. All 52-69Control18control total fields are 18 positions in length. Total 3 70-87 Control 18 Total 4 88-105 Control 18 Total 5 106-123 Control 18 Total 6 124-141 Control 18 Total 7 142-159 Control 18 Total 8 160-177 Control 18 Total 9 178-195 Control 18 Total A 196-213 Control 18 Total B 214-231 Control 18 Total C 232-706 Blank 475Enter blanks. 707-724State Income18State income tax withheld total is for the convenience of the filers. Tax Withheld Aggregate totals of the state income tax withheld field in the Payee “B” TotalRecords; otherwise, enter blanks. 725-742Local Income18Local income tax withheld total is for the convenience of the filers. Tax WithheldAggregate totals of the local income tax withheld field in the Payee “B” TotalRecords; otherwise, enter blanks. May 21, 200112682001–21 I.R.B. (1) State Totals “K” Record - Record Layout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 (Continued) Field Position Field Title Length Description and Remarks 743-746Blank4Enter blanks. 747-748 Combined Federal/ 2 Required. Enter the code assigned to the state which is to receive State Codethe information. (Refer to Part A, Sec. 16, Table l.) 749-750 Blank 2 Enter blanks or carriage return/line feed (CR/LF) characters. State Totals “K” Record - Record Layout Forms 1099-DIV, 1099-G, 1099-INT, 1099-MISC, 1099-OID, 1099-PATR, 1099-R, and 5498 2001–21 I.R.B.1269May 21, 2001 RecordNumberBlankControlControlControlControlControlControl TypeofTotal Total Total Total Total Total Payees123456 ControlControlControlControlControlControlBlankStateLocal Total TotalTotalTotalTotalTotalIncomeIncome 78 9 A B CTax Tax WithheldWithheld TotalTotal BlankCombinedBlank or Federal/StateCR/LF Code Sec. 13. End of Transmission “F” Record - General Field Descriptions and Record Layout .01The End of Transmission “F” Record is a fixed record length of 750 positions. The “F” Record is a summary of the number of payers in the entire file. .02This record should be written after the last “C” Record (or last “K” Record, when applicable) of the entire file. Record Name: End of Transmission “F” Record Field Position Field Title Length Description and Remarks 1 Record Type 1 Required.Enter “F.” 2-9 Number of 8 Enter the total number of Payer “A” Records in the entire file “A” Records (right-justify and zero-fill) or enter all zeros. 10-30 Zero 21 Enter zeros. 31-748 Blank 718Enter blanks. 749-750Blank 2Enter blanks or carriage return/line feed (CR/LF) characters. 12-910-1516-3334-5152-6970-8788-105106-123 124-141142-159160-177178-195196-213214-231232-706707-724725-742 743-746747-748749-750 End of Transmission “F” Record - Record Layout May 21, 200112702001–21 I.R.B. RecordNumber ofZeroBlankBlank Type“A” Recordsor CR/LF 12-910-3031-748749-750 Part C. Electronic Filing Specifications Sec. 1. Background 1. All electronic filing of information returns are received at IRS/MCC via the FIRE (Filing Information Returns Electronically) System. The FIRE System can be accessed via analog and ISDN BRI connections. The system is designed to support the electronic filing of information returns only. The telephone number for electronic filing is (304-262-2400). Sec. 2. Advantages of Filing Electronically Some of the advantages of filing electronically are as follows: (1)Results available within 1-2 workdays regarding the acceptability of the data transmitted. It is the filer’s responsibility to dial back in and check results. (2) Later due date than magnetic media or paper for electronically filed Forms 1098, 1099, and W-2G (refer to Part A, Section 10.01). (3)Allows more attempts than magnetic media filing to correct bad files within a specific time frame before imposing penalties (refer to Part C, Section 6.05). (4)Better customer service due to on-line availability of transmitter’s files for research purposes. (5)Extended period to test electronic files: November 1, 2001, to February 15, 2002. Sec. 3. General .01Electronic filing of Forms 1098, 1099, 5498, and W-2G, originals, corrections, and replacements of information returns is offered as an alternative to magnetic media (tape, tape cartridge, or diskette) or paper filing, but is not a requirement. Transmitters filing electronically will fulfill the magnetic media requirements for those payers who are required to file magnetically. It may also be used by payers who are under the filing threshold requirement, but would prefer to file their information returns electronically. If the original file was sent magnetically, but IRS/MCC has requested a replacement file, the replacement may be transmitted elec- tronically. Also, if the original file was submitted via magnetic media, any corrections may be transmitted electronically. .02The electronic filing of information returns is not affiliated with the Form 1040 electronic filing program. These two pro- grams are totally independent, and filers must obtain separate approval to participate in each of them. All inquiries concerning the electronic filing of information returns should be directed to IRS/MCC. IRS/MCC personnel cannot answer questions or assist tax- payers in the filing of Form 1040 and will direct taxpayers, to the Customer Service toll-free number (1-800-829-1040). .03Files submitted to IRS/MCC electronically must be in standard ASCII code. No magnetic media or paper forms are to be submitted with the same information as the electronically submitted file. .04 If a request for extension is approved, transmitters who file electronically will be granted an extension of time to file. Part A, Sec. 11, explains procedures for requesting extensions of time. Filers are encouraged to file their data as soon as possible. .05The formats of the “T”, “A”, “B”, “C”, “K”, and “F” records are the same for electronically filed records as they are for mag- netic media, and must be in standard ASCII code. For electronically filed documents, each transmission is considered a separate file; therefore, each transmission mustbegin with a Transmitter “T” Record and end with an End of Transmission (EOT) “F” Record. Sec. 4. Electronic Filing Approval Procedure .01Filers must obtain, or already have, a Transmitter Control Code (TCC) assigned prior to submitting files electronically. (Filers who currently have a TCC for magnetic media filing will not be assigned a second TCC for electronic filing.) Refer to Part A, Sec. 7, for information on how to obtain a TCC. .02Once a TCC is obtained, electronic filers assign their own logon name, password and PIN (Personal Identification Number) and do not need prior or special approval. See Sec. 7, for more information on the PIN. .03If a filer is submitting files for more than one TCC, it is not necessary to create a separate logon and password for each TCC. .04For all passwords, it is the user’s responsibility to remember the password and not allow the password to be compromised. Passwords are user assigned at first logon and are up to 8 alpha/numerics, which are case sensitive. However, if filers forget their password or PIN, call 304-263-8700for assistance. The FIRE System will require users to change their passwords on a yearly basis. Sec. 5. 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 Year 2001(returns to be filed in 2002), it must be submitted to IRS/MCC no earlier thanNovember 1, 2001, and no later thanFebruary 15, 2002. .02If a filer encounters problems while transmitting the electronic test file, contact IRS/MCC for assistance at 304-263-8700. .03Filers can verify the status of the transmitted test data by connecting to the FIRE System at 304-262-2400. This information will be available within 1-2 workdays after the transmission is received by IRS/MCC. .04Form 4804 is no longer required for test files submitted electronically.See Part C, Sec.7. .05 A test file is required from filers who want approval for the Combined Federal/State Filing Program. See Part A, Sec. 16, for further details. Sec. 6. Electronic Submissions .01Electronically filed information may be submitted to IRS/MCC 24 hours a day, 7 days a week. Technical assistance will be available Monday through Friday between 8:30 a.m. and 4:30 p.m. Eastern time by calling 304-263-8700. .02 The FIRE System will be down from December 27, 2001, through January 6, 2002. This allows IRS/MCC to update its system to reflect current year changes. .03Data compression is encouraged when submitting information returns electronically. WinZip and PKZip are acceptable com- pression packages. UNIX COMPRESS may be acceptable; however, a test file is recommended to verify compatibility. IRS/MCC cannot accept self-extracting zip files or compressed files containing multiple files. The time required to transmit information returns electronically will vary depending on the modem speed and the type of data compression used, if any. The time required to transmit a file can be reduced by as much as 95 percent by using compres- sion. The following are transmission rates achieved in test uploads at MCC using compressed files. The transmission rates will vary depending on the modem speeds. 2001–21 I.R.B.1271May 21, 2001 Transmission Speed in bps1000 Records10,000 Records100,000 Records 19.2K34 Sec.6 Min.60 Min. 56K20 Sec.3 1/2 Min.33 Min. 128K (ISDN)8 Sec.1 Min.10 Min. .04Files submitted electronically will be assigned a unique filename by the FIRE System (the users may name files anything they choose from their end). The filename assigned by the FIRE System will consist of submission type (TEST, ORIG [original], CORR [correction], and REPL [replacement]), the filer’s TCC and a four digit number sequence. The sequence number will be incremented for every file sent. For example, if it is your first original file for the calendar year and your TCC is 44444, the IRS assigned filename would be ORIG.44444.0001. Record the filename. This information will be needed by MCC to identify the file, if assistance is required. .05If a file was submitted timely and is bad, the filer will have up to 60 days from the day the file was transmitted or 4 replace- ment attempts within that 60 day period, whichever comes first, to transmit an acceptable file. If an acceptable file is not received within 60 days or within 4 replacement attempts, then the payer could be subject to late filing penalties. This only applies to files originally sent electronically. .06The following definitions have been provided to help distinguish between a correction and a replacement: • Acorrectionis an information return submitted by the transmitter to correct an information return that was previously submit- ted to and processed by IRS/MCC, but contained erroneous information. *Note: Corrections should only be made to records that have been submitted incorrectly, not the entire file. • Areplacementis an information return file sent by the filer because FILE STATUS on the FIRE System indicated the original file was bad. After the necessary changes have been made, the file must be transmitted through the FIRE System. (See Note ). *Note: Filers should never transmit anything to IRS/MCC as a “Replacement” file unless FILE STATUS on the FIRE System indicates the file is bad. .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. 7. PIN Requirements .01The Form 4804 is not required for electronic files. Effective 1/1/2002 all new users will be prompted to create a PIN con- sisting of 10 numerics when establishing their initial logon name and password. All users having existing accounts will be prompt- ed for a PIN assignment at the first logon after 12/31/2001. .02Filers must provide some on line information, such as, TCC, EIN, Company name, contact person and telephone number, before establishing their PIN number. .03The PIN is required each time a file is sent electronically and is permission to release the file. If you forget your PIN, please call 304-263-8700 for assistance. .04 If the file is good, it is released for mainline processing 10 calendar days from receipt. Contact us at 304-263-8700 within this 10 day period if there is a reason the file should not be released for further processing. If the file is bad, normal replacement procedures are followed. Sec. 8. Electronic Filing Specifications .01The FIRE System is designed exclusively for the filing of Forms 1042-S, 1098, 1099, 5498, 8027, W-2G and W-4. .02A transmitter must have a TCC before a file can be transmitted. A TCC assigned for magnetic media filing, should also be used for electronic filing. .03The results of the electronic transmission will be available in the File Status area of the FIRE System within 1-2 business days. It is the filer’s responsibility to dial back to verify the acceptability of files submitted by checking the file status area of the system. Forms 1042-S, 8027 and W-4 require a longer processing time. .04Connect to the FIRE System by dialing 304-262-2400.This number supports analog connections from 1200bps to 56Kbps or ISDN BRI 128Kbps. The system can be accessed via Dial-up network/web browser (see Part C, Sec. 9)or communications soft- ware such as Hyperterminal, Procomm, PCAnywhere or other VT100 emulation products (see Part C, Sec.10). The Dial-up net- work/web browser (point-to-point) will provide an Internet-like look, however, it is not the Internet. Sec. 9. Dial-up Network/Browser Specifications (Web Interface) .01 The following are some general instructions (many of these may already be set by default in your software): Dial-up network settings: (a) Set dial-up server type to PPP (b)Set network protocol to TCP/IP (c)Disable software compression (d)Disable PPP-LCP extensions (NT and 2000) Browser settings: (a) Browser must be capable of file uploads (i.e., Internet Explorer 4.0, Netscape 2.0 or higher) (b)Enter the URL address of http://10.225.224.2 after you have connected via dial-up. (Remember, this is a point-to-point connection, not the Internet.) .02Due to the large number of communication products available, it is impossible to provide specific information on all soft- ware/hardware configurations. However, since most filers use Windows 95, 98, NT, 2000 or ME software (more current versions are similar), the following instructions are geared toward those products: UPLOADING FILES WITH DIAL-UP NETWORKING/WEB BROWSER IN WINDOWS 95/98/NT/2000/ME Tips (1) This is a point-to-point connection – not the Internet. (2) Your browser must be capable of file uploads, i.e., Internet Explorer 4.0 or Netscape Navigator 2.0 or higher. (3) If you currently access the Internet via a LAN or a PROXY server, you will need to disable those options in your browser and enable ‘Connect to the Internet using a modem’. (4) These instructions will vary slightly depending upon your version of Windows. (5) Before dialing have your TCC and EIN available. Select Programs Accessories Communications (Windows 98) Dial-Up Networking May 21, 200112722001–21 I.R.B. First time connecting with Dial-Up Network(If you have logged on previously, skip to Subsequent Dial-up Network Connections.) The first time you dial-in, you will need to configure your Dial-Up Networking. Select ‘Make new connection’. Type a descriptive name for the system you are calling. Select your modem. Click ‘Next’. Enter area code 304 and telephone number262-2400. Click ‘Next’. When you receive a message that you have successfully created a new Dial-Up Networking connection, click‘Finish’. Click ‘Connect’ to dial. If you are prompted for a user name and password, leave blank unless needed by your system, click ‘OK’. When you receive the message that you have connected to our system, click on your Web Browser (remember, it is not via the Internet – this is a point-to-point connection). In the URL Address enter http://10.225.224.2and press ENTER. Subsequent Dial-Up Network connections Click ‘Connect’. If prompted for user name and password, leave blank unless needed by your system, click ‘OK’. When you receive ‘Connection Complete’, click ‘OK’. Click on your Web Browser (remember, you are not connecting via the Internet). In the URL Address enter http://10.225.224.2and press ENTER. First time connection to the FIRE System(If you have logged on previously, skip to Subsequent Connections to the FIRE System.) Click ‘Create New Account’. Fill out the registration form and click ‘Create’. Enter your logon name(most users logon with their first and last name). Enter your password(the password is user assigned and is case sensitive). Click ‘Create’. If you receive the message ‘account created’, click ‘OK’. Click ‘Start the Fire Application’ Subsequent connections to the FIRE System Click ‘Log On’. Enter yourlogon name(most users logon with their first and last name). Enter your password(the password is user assigned and is case sensitive). At Menu Options: Click ‘Information Returns’ Enter your TCC: Enter your EIN: Click ‘Submit’. The system will then display the company name, address, city, state, ZIP code, contact and phone number. This information will be used to contact or send any correspondence regarding this transmission. Update as appropriate and/or click ‘Accept’. Click one of the following: Original File Correction File Test File Replacement File(if you select this option, select one of the following): FIRE Replacement (file was originally transmitted on this system) Click file to be replaced or 2001–21 I.R.B.1273May 21, 2001 Magnetic Media Replacement File Enter the alpha character from Form 9267, Media Tracking Slip, that was returned with your correspondence requesting a replacement file. Click ‘Submit’. Enter the drive/path/filename of the file you want to upload or click ‘Browse’to locate the file. Click ‘Upload’. When the upload is complete, the screen will display the total bytes received and the IRS assigned file name. If you have more files to upload for that TCC: Click ‘File Another’; otherwise, Click ‘Back to Main Menu’. It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 1-2 business days. To check the acceptability of a previously submitted file: At the Main Menu: Click ‘File Stats’ Enter your TCC: Enter your EIN: Click on the appropriate filename to get results. If ‘Results’ indicate: ‘File Good’and you agree with the ‘Count of Payees’ you are finished with this file. (If you do not want the file processed, you must contact IRS/MCC within 10 days from the transmission of your file.) ‘File Bad’- Correct the errors and resubmit the file as a ‘replacement’. ‘Not Yet Processed’- File has been received, but results are not available. Please recheck in several days. Click on the desired file for a detailed report of your transmission. When finished viewing your files, click on ‘Main Menu’. Click ‘Log Off’. Close your Web Browser. IMPOR T ANT Go back into your Dial-Up Network and click ‘hang-up’; otherwise, you may remain connected and incur unnecessary phone charges. Sec. 10. Communication Software Specifications (Text Interface) .01Communications software settings must be: - No parity - Eight data bits - One stop bit .02 Terminal Emulation must be VT100. .03Due to the large number of communication products available, it is impossible to provide specific information on all soft- ware/hardware configurations. However, since most filers use Windows 95, 98, NT, 2000 or ME software, the following instructions are most compatible with those products (Procomm, PCAnywhere and VT100 emulation products are also acceptable.) .04 Before dialing in, have your TCC and EIN available. Uploading Files Using Hyperterminal in Windows 95, 98, NT, 2000 or ME (These instructions will vary slightly depending upon your version of Windows.) Select Programs Accessories Communications (Windows 98) Hyperterminal May 21, 200112742001–21 I.R.B. The first time you log on, select Hyperterminal, Hypertermor Hyperterm.exe, whichever is available on your system. With subsequent connections, select the saved icon. A box will appear titled ‘Connection Description’. Enter a name and choose an iconfor the connection: Country Code: United States of America Area Code: 304 Phone Number: 262-2400 Connect Using: (default) (If you need to modify the phone number, select File,then Propertiesto enter defaults for the area code, phone numbers and/or special access codes.) Click on Dial. A ‘Connect’ box will appear to show the status. Once you have connected to the FIRE System, if you do not get a menu within a few seconds, press the ENTERkey one time. First Time Logon When you have connected to the system, enter ‘new’ to create your logon name and password. Complete the registration information and enter ‘y’ to create account. Logon Name and Password Logon Name: Enter a logon name. Most users enter their first and last name as the logon name. Password: Enter a password of your choosing (1-8 alpha/numerics - case sensitive). After entering the password, you will go to the Main Menu. Transferring Your Electronic File Enter ‘A’for Electronic Filing. After reading Information Notice, pressENTER. Enter ‘A’ for Forms 1098, 1099, 5498, W-2G, 1042-S, 8027 and Questionable Forms W-4. Press the Tab key to advance to TCC box; otherwise, enter ‘E’ to exit. Enter your TCC: Enter your EIN: The system will then display the company name, address, city, state, ZIP code, and phone number. This information will be used for correspondence regarding this transmission. If you need to update, enter ‘n’ to change information; otherwise, enter ‘y’ to accept. Select one of the following: ‘A’ for an Original file ‘B’ for a Replacement file ‘C’ for a Correction file ‘D’ for a Test file If you selected ‘B’ for a replacement file, select one of the following: ‘A’ Replacement Files For This System This option is to replace an original/correction file that was submitted electronically on this system but was bad and requires replacement. Select the file to be replaced. or ‘B’ Magnetic media replacement files Enter the alpha character from Form 9267, Media Tracking Slip, that was sent with the correspondence requesting a replacement file. Choose one of the following protocols (Hyperterminal is normally set to Zmodem by default): X- Xmodem Y- Ymodem Z- Zmodem (Zmodem will normally give you the fastest transfer rate.) At this point, you must start the upload from your PC. To send a file: Go to the hyperterminal menu bar. 2001–21 I.R.B.1275May 21, 2001 Click on Transfer. Click on Send file. A box will appear titled ‘Send File’. Enter the drive/path/filename or click on Browseto locate your file. Click on Send. When the upload is complete, the screen will display the total bytes received and the IRS assigned file name. Press ENTERto continue. If you have more files to send for the same TCC/EIN, enter ‘y’; otherwise, enter ‘n’. It is your responsibility to check the acceptability of your file; therefore, be sure to dial back into the system in 1 - 2 business days. To check acceptability of a previously submitted file: At the Main Menu: Enter ‘B’ for file status. Press the Tab key to advance to TCC box; otherwise, enter ‘E’ to exit. Enter your TCC: Enter your EIN: Choose the appropriate option. Tab to appropriate file and press ENTER. If ‘Results’ indicate: ‘File Good’and you agree with the ‘Count of Payees’, you are finished with this file. (If you do not want the file processed, you must contact IRS/MCC within 10 days from the transmission of your file.) ‘File Bad’- Correct the errors and resubmit the file as a replacement. ‘Not Yet Processed’- File has been received, but results are not available. Please recheck in several days. When you are finished, enter ‘E’ from the ‘Main Menu’ to logoff. Enter ‘2’ to hang-up. Sec. 11. Modem Configuration .01Hardware features (a)Enable hardware flow control (b)Enable modem error control (c)Enable modem compression Sec. 12. Common Problems Associated with Electronic Filing .01Refer to Part A, Section 19, for common format errors associated with magnetic/electronic files. .02The following are the major non-format errors associated with electronic filing: 1. Transmitter does not dial back to the electronic system to determine file acceptability. The results of your file transfer are posted to the FIRE System within two business days. It is your responsibility to verify file acceptabil- ity and, if the file contains errors, you can get an online listing of the errors. Date received and number of payee records are also displayed. If the file is good, but you do not want the file processed, you must contact IRS/MCC within 10 daysfrom the transmission of your file. 2. Incorrect file is not replaced timely. If your file is bad, correct the file and timely resubmit as a replacement. 3. Transmitter compresses several files into one. Only compress one file at a time. For example, if you have 10 uncompressed files to send, compress each file separately and send 10 separate compressed files. May 21, 200112762001–21 I.R.B. 4. Transmitter sends a file and File Status indicates that the file is good, but the transmitter wants to send a replacement or correction file to replace the original/correction/replacement file. Once a file has been transmitted, you cannot send a replacement file unless File Status indicates the file is bad (1-2 business days after file was transmitted). If you do not want us to process the file, you must first contact us at 304-263-8700 to see if this is a pos- sibility. However, this will count as a replacement. (See Part A, Sec. 17, for the definition of replacement.) 5. Transmitter sends an original file that is good, then sends a correction file for the entire file even though there are only a few changes. The correction file, containing the proper coding, should only contain the records needing correction, not the entire file. 6. File is formatted as EBCDIC. All files submitted electronically must be in standard ASCII code. 7. Transmitter has one TCC number, but is filing for multiple companies, which EIN should be used when logging into the system to send the file? When sending the file electronically, you will need to enter the EIN of the company assigned to the TCC. When you upload the file, it will contain the EIN’s for the other companies that you are filing for. This is the information that will be passed forward. 8. Transmitter sent the wrong file, what should be done? Call us as soon as possible @ (304) 263-8700, ext. 3. We may be able to stop the file before it has been processed. Please do not send a replacement for a file that is marked as a good file. .03The following are the most common problems encountered when connecting with dial-up networking/web browser: 1. Transmitter is unable to connect to the FIRE System using dial-up networking. 1.The user name and password should be blank when trying to connect unless it is needed by your system. 2.Windows 95/98: Disable ‘enable software compression’ 3.Windows NT/2000: Disable both ‘enable software compression’ and ‘enable PPP/LCP extensions’ 4.TCP/IP should be the only network protocol that is enabled. (Make sure you are using analog lines rather than digital.) 2. Transmitter is connecting using dial-up networking, but is unable to bring up the URL address using the web browser. 1. Proxy server should be disabled for a dial-up connection. 2. ‘Using a modem’ option should be selected. 3. The home page should either display http://10.225.224.2 or be set to ‘about:blank’. 4. The security level should be set at medium. 5. The option ‘enable software compression’ should be disabled under Dial-Up Networking. 3. Transmitter clicks on ‘start the fire application’, but the logon screen is displayed again. Your browser must be set to receive ‘cookies’. 4. Transmitter is getting a menu when connecting with dial-up networking. The option ‘pop-up a terminal window’ should be disabled. 2001–21 I.R.B.1277May 21, 2001 5. Transmitter cannot find the browse button to upload file. If using Internet Explorer, you must have version 4.0 or higher. If using Netscape Navigator, it must be version 2.0 or higher 6. The line is busy when dialed. We have enough lines available that you should not get this message. Check the phone number being dialed. It should be 304-262- 2400. If you need a number such as an 8 or a 9 to access an outside line, make sure it is present. Also, some companies require an access code for long distance dialing. 7. I am receiving the error message “Remote PPP Peer Not Responding” Disable ‘enable PPP/LCP Extensions’ in Dial-Up Networking .04 The following are the most common problems encountered when connecting with hyperterminal. 1. Transmitter is unable to connect using hyperterminal. 1.If you need a number such as an 8 or a 9 to access an outside line, make sure it is present. 2.Set the terminal emulation to VT100. 3 Try lowering the modem speed. 4. Turn the modem off and then back on to reset it. Make sure you are using analog lines rather than digital. 2. Transmitter is getting the message ‘annex command line interpreter’. Disconnect and try again. You may need to lower the modem speed if this happens several times in a row. 3. When trying to logon, the cursor is not in the correct box, or the menus are distorted. The terminal emulation must be set to VT100. Also, verify that the data bits are set at 8, the stop bit is set at 1 and parity is set at None. 4. Transmitter was able to connect and the menu is displayed, but is unable to type anything. Scroll lock cannot be turned on. 5. When transmitter connects, the menus keep scrolling and display garbage characters. Make sure ‘Use error control’ and ‘Compress data’ are enabled under the Advanced Connection Settings. 6. Transmitter receives message ‘bad data packet’ when the file is transmitting. What does this mean? Your modem is having problems sending the data, so it is re-trying to send it. Normally, if the transfer does not abort, the file will be sent successfully. Part D. Magnetic/Electronic Specifications For Extensions of Time Sec. 1. General .01The specifications in Part D include the required 200-byte record format for extensions of time to file requests submitted mag- netically or electronically. Also included are the instructions for the information that is to be entered in the record. Filers are advised to read this section in its entirety to ensure proper filing. .02Only filers who have been assigned a Transmitter Control Code may request an extension of time magnetically or electroni- cally. If you meet the threshold of more than 50 payers when requesting an extension but are below the 250 documents threshold, May 21, 200112782001–21 I.R.B. you must still submit a Form 4419, Application for Filing Information Returns Magnetically/Electronically. Requests for extensions of time may be made for Forms 1042-S, 1098, 1099, 5498, W-2G, W-2, and 8027. .03For Tax Year 2001(returns to be filed in 2002), transmitters requesting an extension of time to file for more than 50 payers (not payees) are required to file the extension request magnetically or electronically. Transmitters requesting an extension of time for 10 to 50 payers (not payees) are encouraged to file the request magnetically or electronically. The request may be filed on tape, tape cartridge, 8mm, 4mm, Quarter Inch Cartridges (QIC), 3 1/2-inch diskette, or electronically. .04 For extension requests filed on magnetic media, the transmitter must mail the completed, signed Form 8809, Request for Extension of Time To File Information Returns, in the same package as the corresponding media or fax it to 304-264-5602. For extension requests filed electronically, the transmitter must fax the Form 8809 the same day the transmission is made. .05 Transmitters submitting an extension of time magnetically or electronically should not submit a list of payer names and TINs with the Form 8809 since this information is included on the magnetic or electronic file. However, Line 6 of the Form 8809 must be completed with the total number of filers included on the magnetic media or electronic file. .06To be considered, an extension request must be postmarked or transmitted by the due date of the returns; otherwise, the request will be denied. .07A magnetically filed request for an extension of time should be sent to the following address: IRS-Martinsburg Computing Center Information Reporting Program Attn: Extension of Time Coordinator 240 Murall Drive Kearneysville, WV 25430 *Note: Due to the large volume of mail received by IRS/MCC and the time factor involved in processing the Form 8809, it is imperative that the attention line be present on all envelopes or packages containing Extension of Time (EOT) requests. .08Requests 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 the IRS/MCC after the due date, are treated as timely under the “timely mailing as timely fil- ing” rule. A similar rule applies to designated private delivery services (PDSs). See Part A, Sec. 10, for more information on PDSs. For requests delivered by a designated PDS, but through a non-designated service, the actual date of receipt by IRS/MCC will be used as the filing date. .09Transmitters who submit their extension of time requests magnetically or electronically will receive a letter from IRS/MCC with an attached list of the payers, based on information contained in the file, specifying approval and/or denial. .10Do not submit tax year 2001 extensions of time to file requests on magnetic media before January 1, 2002or electronically before January 7, 2002. .11It will take a minimum of 30 days for IRS/MCC to respond to an extension request. Under certain circumstances a request for an extension of time could be denied, and the transmitter will receive a denial letter. When the denial letter is received, the trans- mitter has 20 days to provide the additional information and resubmit the extension request to IRS/MCC. .12Each piece of magnetic media musthave an external media label containing the following information: (a)Transmitter name (b)Transmitter Control Code (TCC) (c) Tax year (d)The words “Extension of Time” (e) Record count .13A request for an extension of time to file is not automatically granted. Approval or denial is dependent on information pro- vided on the Form 8809. If the Form 8809 is not completed properly, processing may be delayed or the request may be denied. .14If the first request for an extension of time to file was submitted magnetically or electronically, additional extension requests should be submitted in the same manner. .15If an additional extension of time is needed, a second Form 8809 and file may be submitted before the end of the initial exten- sion period with a postmark reflecting the date mailed. Line 7 on the form should be checked to indicate that the original extension has been received and the additional extension is being requested. .16See Part A, Sec. 11, for complete information on requesting an extension of time to file information returns. If there are addi- tional questions or concerns, contact IRS/MCC. Sec. 2. Magnetic Tape, Tape Cartridge, 8mm, 4mm and QIC (Quarter-Inch Cartridge), 3 1/2-inch Diskette and Electronic Specifications *Note: Beginning in calendar year 2003 for Tax Year 2002, 9 track magnetic tape will no longer be an acceptable method for submitting Information Returns to IRS/MCC. .01Tape specifications are as follows: 2001–21 I.R.B.1279May 21, 2001 (a)9 track. (b)EBCDIC (Extended Binary Coded Decimal Interchange Code) or ASCII (American Standard Coded Information Interchange) recording mode. (c)1600 or 6250 BPI. (d)A block must not exceed 32,600 tape positions and must be a multiple of 200. (e) Record length of 200 bytes. (f)Labeled or unlabeled tapes may be submitted. .02Tape cartridge specifications are as follows: (a)Must be IBM 3480, 3490, 3590, 3590Eor AS400 compatible. (b)Must meet American National Standard Institute (ANSI) standards and have the following characteristics: (1)Tape cartridges will be 1/2-inch tape contained in plastic cartridges which are approximately 4-inches by 5-inches by 1-inch in dimension. (2)Magnetic tape will be chromium dioxide particle based 1/2-inch tape. (3)Cartridges will be 18-track, 36-track, 128-track or 256-track parallel. Indicate on the external media label if the tape car- tridge is 18- or 36- track. (4)Mode will be full function. (5)The data may be compressed using EDRC (Memorex) or IDRC (IBM) compression. (6)Either EBCDIC or ASCII. (c) A block must not exceed 32,600 tape positions and must be a multiple of 200. (d)Record length of 200 bytes. (e)Labeled or unlabeled tape cartridges may be submitted. .038mm, 4mm, and Quarter Inch Cartridge Specifications (a)In most instances, IRS/MCC can process 8mm tape cartridges that meet the following specifications: (1) Must meet American National Standard Institute (ANSI) standards, and have the following characteristics: (a)Created from an AS400 operating system only. (b)8mm (.315-inch) tape cartridges will be 2 1/2-inch by 3 3/4-inch. (c)The 8mm tape cartridges must meet the following specifications: TracksDensityCapacity 120 (43245 BPI)2.3 Gb 121 (45434 BPI)5 Gb (d)Mode will be full function. (e) Compressed data is not acceptable. (f)Either EBCDIC (Extended Binary Coded Decimal Interchange Code) or ASCII (American Standard Coded Information Interchange) may be used. However, IRS/MCC encourages the use of EBCDIC. This information must appear on the external media label affixed to the cartridge. (g)A file may consist of more than one cartridge; however, no more than 250,000 documents may be transmitted per file or per cartridge. The filename, for example; IRSEOT, will contain a three digit extension. The extension will indi- cate the sequence of the cartridge within the file, 1 of 3, 2 of 3, or 3 of 3, and will appear in the header label IRSEOT.001, IRSEOT.002, and IRSEOT.003 on each cartridge of the file. (2)The 8mm (.315-inch) tape cartridge records defined in this Revenue Procedure must be blocked subject to the following: (a)A block must not exceed 32,600 tape positions. (b) If the use of blocked records would result in a short block, all remaining positions of the block must be filled with 9’s; however, the last block of the file may be filled with 9’s or truncated. Do not pad a block with blanks. (c) All records, except the header and trailer labels, may be blocked or unblocked. A record may not contain any control fields or block descriptor fields which describe the length of the block or the logical records within a block. The num- ber of logical records within a block (the blocking factor) must be constant in every block with the exception of the last block which may be shorter (see item (b) above). The block length must be evenly divisible by 200. (d)Various SAVE commands have been successful, however, the SAVE OBJECT COMMAND is not acceptable. (e) Records may not span blocks. *Note: Advanced Metal Evaporated (AME) cartridges are not acceptable. (3)For faster processing, IRS/MCC encourages transmitters to use header labeled cartridges. IRSEOT may be used as a suggested filename. (4)For the purposes of this Revenue Procedure, the following must be used: Tape Mark: (a)Signifies the physical end of the recording on tape. (b)For even parity, use BCD configuration 001111 (8421). May 21, 200112802001–21 I.R.B. (c)May follow the header label and precede and/or follow the trailer label. (5)IRS/MCC can only read one data file on a tape. A data file is a group of records which may or may not begin with a tape- mark, but must end with a trailer label. Any data beyond the trailer label cannot be read by IRS programs. (b)4mm (.157-inch) cassettes are now acceptable with the following specifications: (1)4mm cassettes will be 2 1/2-inch by 3-inch. (2)The tracks are 1 (one). (3)The density is 19 (61000 BPI). (4) The typical capacity is DDS (DAT data storage) at 1.3 Gb or 2 Gb, or DDS-2 at 4 Gb. (5) The general specifications for 8mm cartridges will also apply to the 4mm cassettes. *Note: 4mm cassettes with a capacity of DDS-3 (125 meter) are not acceptable. (c)Various Quarter-Inch Cartridges (QIC) (1/4-inch) are also acceptable. (1) QIC cartridges will be 4” by 6”. (2)QIC cartridges must meet the following specification: SizeTracksDensityCapacity QIC-248/9 5 (8000 BPI)45Mb or 60Mb QIC-1201515 (10000 BPI) 120Mb or 200Mb QIC-1501816 (10000 BPI) 150Mb or 250Mb QIC-5252617 (16000 BPI) 525Mb QIC-10003021 (36000 BPI) 1Gb QIC-2Gb4234 (40640 BPI) 2Gb (3)The general specifications that apply to 8mm cartridges will also apply to QIC cartridges. .04Diskette specifications are as follows: (a)3 1/2-inches in diameter. (b)ASCII recording mode only. Additional specifications may be found in Part B, Sec. 5, of this Revenue Procedure. (c)Record length of 200 bytes. (d) Diskettes must be created using the MS-DOS operating system. (e) Filename of IRSEOT must be used. No other filenames are acceptable. If a file will consist of more than one diskette, the filename IRSEOT will contain a three-digit extension. This extension will indicate the sequence of the diskettes within the file. For example, the first diskette will be named IRSEOT.001, the second diskette will be named IRSEOT.002, etc. (f)Delimiter character commas (,) or quotes (”) must not be used. (g)Positions 199 and 200 of each record have been reserved for use as carriage return/line feed (cr/lf) characters, if applicable. .05 Electronic Filing specifications (See Note.) (a) A transmitter must have a Transmitter Control Code (TCC). (b)Filers can determine the acceptability of files submitted by checking the file status area of the system. These reports will be available on the electronic system within 5 business days if the Form 8809 is received timely by IRS/MCC. *Note: See Part C, Electronic Filing Specifications, for detailed information on filing with IRS/MCC electronically. Sec. 3. Record Layout – Extension of Time .01Positions 6 through 185 of the following record should contain information about the payerfor whom the extension of time to file is being requested. Do not enter transmitter information in these fields. Only one TCC may be present in a file. Record Layout for Extension of Time Field Position Field Title Length Description and Remarks 1-5 Transmitter 5Required. Enter the five digit Transmitter Control Code (TCC) issued Control Codeby IRS. Only one TCC per file is acceptable. 6-14 Payer9Required. Must be the valid nine-digit EIN/SSN assigned to the TINpayer. Do not enter blanks, hyphens or alpha characters.All zeros, ones, twos, etc., will have the effect of an incorrect TIN. For foreign entities that are not required to have a TIN, this field may be blank; however, the Foreign Entity Indicator, position 187, mustbe set to “X.” 2001–21 I.R.B.1281May 21, 2001 Record Layout for Extension of Time Field Position Field Title Length Description and Remarks 15-54Payer40Required. Enter the name of the payer whose TIN appears in Namepositions 6-14. Left-justify information and fill unused positions with blanks. 55-94Second Payer 40If additional space is needed, this field may be used to Namecontinue name line information (e.g., c/o First National Bank); oth- erwise, enter blanks. 95-134Payer 40Required. Enter the payer’s address. Street address should Addressinclude number, street, apartment or suite number (or P.O. Box if mail is not delivered to a street address). 135-174Payer City40Required. Enter payer city, town, or post office. 175-176Payer State2Required.Enter the payer valid U.S. Postal Service state abbrevia- tion. (Refer to Part A, Sec. 18.) 177-185Payer ZIP9Required. Enter payer ZIP Code. If using a five-digit ZIP Code, Codeleft justify information and fill unused positions with blanks. 186Document1Required. Enter the appropriate code of the document for which Indicatoryou are requesting an extension of time. (See Note.) CodeDocument 1W-2 21098, 1098-E, 1098-T, 1099-A, 1099-B, 1099-C, 1099-DIV, 1099-G, 1099-INT, 1099-LTC, 1099-MISC, 1099-MSA, 1099-OID, 1099-PATR, 1099-R, 1099-S, or W-2G 35498 41042-S 5REMIC Documents (1099-INT or 1099-OID) 65498- MSA * Note: Do not enter any other values in this field. Submit a separate record for each document. For example, if you are requesting an extension for Form 1099-INT and Form 5498 for the same payer, submit one record with “2” coded in this field and another record with “3” coded in this field. If you are requesting an extension for Form 1099-DIV and Form 1099-MISC for the same payer, submit one record with “2” coded in this field. 187Foreign1Enter character “X” if the payer is a foreign entity. Entity Indicator 188-198Blank11Enter blanks. 199-200Blank2Enter blanks or carriage return/line feed (CR/LF) characters. May 21, 200112822001–21 I.R.B. Extension of Time Record Layout 2001–21 I.R.B.1283May 21, 2001 TransmitterPayerPayerSecondPayer PayerPayer Control TINNamePayerAddressCityState CodeName 177-185186187188-198199-200 Part E. Miscellaneous Information Sec. 1. Addresses for Martinsburg Computing Center Send applications to file, correspondence, and magnetic media files, to the following: IRS—Martinsburg Computing Center Information Reporting Program 230 Murall Drive Kearneysville, WV 25430 Send all extension requests and waiver requests, to the following address: IRS-Martinsburg Computing Center Information Reporting Program Attn: Extension of Time Coordinator 240 Murall Drive Kearneysville, WV 25430 Sec. 2. Telephone Numbers for Contacting IRS/MCC Between 8:30 a.m. and 4:30 p.m. Eastern Time Monday through Friday Information Reporting Program Call Site: 304-263-8700 & Or email the Call Site at mccirp@irs.gov Telecommunication Device for the Deaf (TDD): 304-267-3367 HOURS OF OPERATION – FIRE SYSTEM & FAX 24 HOURS A DAY 7 DAYS A WEEK Electronic Filing via FIRE: 304-262-2400 Information Returns FAX Machine: 304-264-5602 This is the end of Publication 1220 for Tax Year 2001. PayerDocumentForeignBlankBlank ZIPIndicatorEntityor CR/LF CodeIndicator 1-56-1415-5455-9495-134135-174175-176 May 21, 200112842001–21 I.R.B. New Revision of Publication 538, Accounting Periods and Methods Announcement 2001–54 Publication 538, revised April 2001, will be available soon from the Internal Revenue Service. It replaces the April 1999 revision. This publication provides information on how to determine the appropriate accounting year and accounting method for your business. You can get a copy of this publication by calling 1-800-TAX-FORM (1-800-829- 3676). You can also write to the IRS Forms Distribution Center nearest you. Check your income tax package for the address. The publication is also available on the IRS Internet web site at www.irs.gov. Revisions to Regulations Relating to Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons and Revisions of Information Reporting Regulations; Correction Announcement 2001–55 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains cor- rections to final regulations (T.D. 8881, 2000–23 I.R.B. 1158) which were pub- lished in the Federal Registeron Monday, May 22, 2000 (65 FR 32152). The final regulations relate to withholding of tax on certain U.S. source income paid to foreign persons and related require- ments governing the collection, deposit, refunds, and credits of withheld amounts under sections 1461 through 1463. DATES: This correction is effective January 1, 2001. FOR FURTHER INFORMATION CON- TACT: Carl Cooper, Laurie Hatten-Boyd, or Kate Hwa (202) 622-3840 (not a toll- free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are subject to these corrections are under section 1441 of the Internal Revenue Code. Need for Correction As published, final regulations (T.D. 8881) contain errors that may prove to be misleading and are in need of clarifica- tion. Correction of Publication Accordingly, the publication of final regulations (T.D. 8881), which were the subject of FR Doc. 00-11937, is corrected as follows: §1.1441–1 [Corrected] 1. On page 32174, columns 1 and 2, §1.1441(b)(3)(ii)(C) is corrected to read as follows: §1.1441–1 Requirement for the deduction and withholding of tax on payments to foreign persons. * * * * * (b) * * * (3) * * * (ii) * * * (C) Documentary evidence furnished for offshore account. If the withholding agent receives valid documentary evi- dence, as described in §1.6049–5(c)(1) or (4), with respect to an offshore account from an entity but the documentary evi- dence does not establish the entity’s clas- sification as a corporation , trust, estate, or partnership, the withholding agent may presume (in the absence of actual knowl- edge otherwise) that the entity is the type of person enumerated under §1.6049–4 (c)(1)(ii)(B) through (Q) if it can be so treated under any one of those paragraphs without the need to furnish documenta- tion. If the withholding agent cannot treat a payee as a person described in §1.6049–4(c)(1)(ii)(B) through (Q), then the payee shall be presumed to be a cor- poration unless the withholding agent knows, or has reason to know, that the entity is not classified as a corporation for U.S. tax purposes. If a payee is, or is pre- sumed to be, a corporation under this paragraph (b)(3)(ii)(C) and a foreign per- son under paragraph (b)(3)(iii) of this sec- tion, a withholding agent shall not treat the payee as the beneficial owner of income if the withholding agent knows, or has reason to know, that the payee is not the beneficial owner of the income. For this purpose, a withholding agent shall have reason to know that the payee is not a beneficial owner if the documentary evi- dence indicates that the payee is a bank, broker, intermediary, custodian, or other agent, or is treated under §1.6049–4(c) (1)(ii)(B) through (Q) as such a person. A withholding agent may, however, treat such a person as a beneficial owner if the foreign person provides a statement, in writing and signed by a person with authority to sign the statement, that is attached to the documentary evidence stating it is the beneficial owner of the income. * * * * * 2. On page 32175, column 2, §1.1441–1(b)(3)(vi), line 5, the language “this section that has not agreed to be” is corrected to read “this section that has provided a withholding certificate as described in paragraph (e)(3)(v) of this section on which it has not agreed to be”. 3. On page 32175, column 2, §1.1441–1(b)(3)(vii)(B), line 9, the lan- guage “defined in §1.6059–5(e)) to an off- shore” is corrected to read “defined in §1.6049–5(e)) to an offshore”. 4. On page 32176, column 3, §1.1441–1(c)(14), line 3, the language “intermediary that is not a qualified” is corrected to read “intermediary that is not a U.S. person and not a qualified”. 5. On page 32179, column 1, §1.1441–1(e)(3)(iii)(D), line 7, the lan- guage “(e)(3)(iii) or paragraph (e)(3)(iv) of this” is corrected to read “(e)(3)(iii) or paragraph (e)(5)(iv) of this”. 6. On page 32180, column 1, §1.1441–1(e)(3)(iv)(C)(1), line 8, the lan- guage “intermediary to the withholding agent” is corrected to read “intermediary and provided to the withholding agent”. 7. On page 32180, column 2, §1.1441–1(e)(3)(iv)(C)(2), line 5 from the top of the column, the language “person), the withholding certificate” is corrected to read “person), the withholding statement”. 8. On page 32180, column 3, §1.1441–1(e)(3)(iv)(D)(2), line 3, the lan- Part IV. Items of General Interest 2001–21 I.R.B.1285May 21, 2001 guage “(e)(3)(iv)(B)(2) of this section allocating” is corrected to read “(e)(3)(iv)(C)(2) of this section allocat- ing”. 9. On page 32180, column 3, §1.1441–1(e)(3)(iv)(D)(2), line 11, the language “(e)(3)(iv)(B) of this section. Further, each” is corrected to read “(e)(3)(iv)(C) of this section. Further, each”. 10. On page 32180, column 3, §1.1441–1(e)(3)(iv)(D)(2), line 25, the language “(e)(3)(iv)(B) of this section (other than” is corrected to read “(e)(3)(iv)(C) of this section (other than”. 11. On page 32181, column 1, §1.1441–1(e)(3)(iv)(D)(3), line 6, the lan- guage “payee (including U.S. non- exempt” is corrected to read “payee (including U.S. exempt”. 12. On page 32186, columns 1 and 2, §1.1441–1(e)(5)(v)(C)(2), is corrected to read as follows: §1.1441–1 Requirement for the deduction and withholding of tax on payments to foreign persons. * * * * * (e) * * * (5) * * * (v) * * * (C) * * * (2) Alternative procedure for U.S. non- exempt recipients. If permitted under its agreement with the IRS, a qualified inter- mediary may, by mutual agreement with a withholding agent, establish a single zero withholding rate pool that includes U.S. non-exempt recipient account holders for whom the qualified intermediary has pro- vided Forms W-9 prior to the withholding agent paying any reportable payments, as defined in the qualified intermediary agreement, and a separate withholding rate pool (subject to 31-percent withhold- ing) that includes only U.S. non-exempt recipient account holders for whom a qualified intermediary has not provided Forms W-9 prior to the withholding agent paying any reportable payments. If a qualified intermediary chooses the alter- native procedure of this paragraph (e)(5)(v)(C)(2), the qualified intermediary must provide the information required by its qualified intermediary agreement to the withholding agent no later than January 15 of the year following the year in which the payments are paid. Failure to provide such information will result in the application of penalties to the qualified intermediary under sections 6721 and 6722, as well as any other applicable penalties, and may result in the termina- tion of the qualified intermediary’s with- holding agreement with the IRS. A with- holding agent shall not be liable for tax, interest, or penalties for failure to backup withhold or report information under chapter 61 of the Internal Revenue Code due solely to the errors or omissions of the qualified intermediary. If a qualified intermediary fails to provide the alloca- tion information required by this para- graph (e)(5)(v)(C)(2), with respect to U.S. non-exempt recipients, the withholding agent shall report the unallocated amount paid from the withholding rate pool to an unknown recipient, or otherwise in accor- dance with the appropriate Form 1099 and the instructions accompanying the form. * * * * * §1.1441–5 [Corrected] 12a. On page 32193, column 2, §1.1441–5(e)(5), paragraph (e)(5)(ii) is correctly designated paragraph (e)(5)(ii). 13. On page 32193, column 3, §1.1441–5(e)(5)(ii), the last 2 lines of the paragraph, the language “having to identi- fy any partner’s distributive share of the payment.” is corrected to read “having to identify any beneficiary’s or grantor’s dis- tributive share of the payment.”. §1.1441–7 [Corrected] 14. On page 32198, columns 1 and 2, §1.1441–7(b)(4)(i) is corrected to read as follows: §1.1441–7 General provisions relating to withholding agents. * * * * * (b) * * * (4) * * * (i) In general. A with- holding agent has reason to know that a beneficial owner withholding certificate provided by a direct account holder in con- nection with a payment of an amount described in §1.1441–6(c)(2) is unreliable or incorrect if the withholding certificate is incomplete with respect to any item on the certificate that is relevant to the claims made by the direct account holder, the withholding certificate contains any infor- mation that is inconsistent with the direct account holder’s claim, the withholding agent has other account information that is inconsistent with the direct account hold- er’s claim, or the withholding certificate lacks information necessary to establish entitlement to a reduced rate of withhold- ing. For purposes of establishing a direct account holder’s status as a foreign person or resident of a treaty country, a withhold- ing certificate shall be considered unreli- able or inconsistent with an account hold- er’s claims only if it is not reliable under the rules of paragraphs (b)(5) and (6) of this section. A withholding agent that relies on an agent to review and maintain a withholding certificate is considered to know or have reason to know the facts within the knowledge of the agent. * * * * * 15. On page 32198, column 3, §1.1441–7(b)(5)(i)(A)(1), lines 4 and 5, the language “address) that is no more than three years old, the documentary evi- dence supports” is corrected to read “address) that has been provided within the past three years, was valid at the time it was provided, the documentary evi- dence supports”. 16. On page 32201, column 1, §1.1441–7(b)(10)(ii), line 21, the language “withholding certificate relates. A” is cor- rected to read “withholding certificate. A”. §1.1461–1 [Corrected] 17. On page 32201, column 3, §1.1461–1, in the section heading “Payment and returns of tax withhold.” is corrected to read “Payment and returns of tax withheld.”. 18. On page 32202, column 1, §1.1461–1(c)(1)(ii)(A)(1), line 2, the lan- guage “paragraph (c)(6) of this section,” is corrected to read “§1.1441–1(c)(6),”. 19. On page 32202, column 3, §1.1461–1(c)(2)(i) is corrected by adding the language “and” at the end of the last line of paragraph (c)(2)(i)(L), removing para- graph (2)(i)(M), and correctly designating paragraph (c)(2)(i)(N) as paragraph (c)(2)(i)(M). 20. On page 32203, column 1, §1.1461–1(c)(2)(ii)(H) is corrected to read as follows: §1.1461–1 Payment and returns of tax withheld. * * * * * (c) * * * (2) * * * May 21, 200112862001–21 I.R.B. (ii) * * * (H) Interest (including original issue discount) paid with respect to foreign-tar- geted registered obligations described in §1.871–14(e)(2) to the extent the docu- mentation requirements described in §1.871–14(e)(3) and (4) are required to be satisfied (taking into account the provi- sions of §1.871–14(e)(4)(ii), if applicable; * * * * * §1.6045–1 [Corrected] 21. On page 32206, column 2, §1.6045–1(g)(3)(iv), lines 6 and 7, the language “broker has actual knowledge or reason to know (within the meaning of” is corrected to read “broker has actual knowledge (within the meaning of”. §1.6049–5 [Corrected] 22. On page 32207, column 3, §1.6049–5(c)(4) introductory text, lines 2 and 3, the language “modifies the provi- sions of this paragraph (c) for payments to offshore” is corrected to read “modifies the provisions of paragraph (c)(1) of this section for payments to offshore”. 23. On page 32208, columns 2 and 3, §1.6049–5(d)(2)(i), is corrected to read as follows: §1.6049–5 Interest and original issue discount subject to reporting after December 31, 1982. * * * * * (d) * * * (2) * * * (i) In general. Except as otherwise provided in this paragraph (d)(2)(i), for purposes of this section (and other sections of regulations under this chapter to which this paragraph (d)(2) applies), the provisions of §1.1441–1(b)(3)(i) through (ix) and §1.1441–5(d) and (e)(6) shall apply (by applying the term payorinstead of the term withholding agent) to determine the classification (e.g., individual, corpora- tion, partnership, trust), status (i.e., a U.S. or a foreign person), and other rele- vant characteristics (e.g., beneficial owner or intermediary) of a payee if a payment cannot be reliably associated with valid documentation under §1.1441–1(b)(2)(vii) irrespective of whether the payments are subject to withholding under chapter 3 of the Internal Revenue Code. The provisions of §1.1441–1(b)(3)(iii)(D) and (vii)(B) shall not apply, however, to payments to amounts that are not subject to withhold- ing. The rules of §1.1441–1(b)(2)(vii) shall apply for purposes of determining when a payment can reliably be associat- ed with documentation, by applying the term payorinstead of the term withhold- ing agent. For this purpose, the docu- mentary evidence or statement described in paragraph (c)(4) of this section can be treated as documentation with which a payment can be associated. * * * * * 24. On page 32208, column 3, §1.6049–5(d)(2)(ii), line 11, the language “described in §1.1441–6(c)(2) that are” is corrected to read “described in §1.1441–6(c)(2) (or credits an account with broker proceeds from securities described in §1.1441–6(c)(2)), that are”. 25. On page 32209, column 2, §1.6049–5(d)(3)(i), line 11 from the top of the column, the language “determine the payees status for” is corrected to read “determine the payee’s status for”. 26. On page 32209, column 2, §1.6049–5(d)(3)(ii), the last line in the paragraph, the language “an exempt recipient.” is corrected to read “an exempt recipient and has actual knowledge of the amount allocable to such a person.”. 27. On page 32209, column 2, §1.6049–5(d)(3)(iii)(A), line 13, the lan- guage “§1.1441–1(b)(3)(ii)(C) or (v)(A) shall be” is corrected to read “§1.1441–1(b)(3)(ii)(C), (v)(A), §1.1441–5(d) or (e), shall be”. 28. On page 32209, column 3, §1.6049–5(d)(3)(iii)(B), line 4 from the top of the column, the language “under §1.1441–3(b)(ii)(C) or (v)(A) for” is cor- rected to read “as an intermediary for”. PART 1 – [Corrected] 29. On page 32212, the table in amendatory instruction Par. 18. is correct- ed by adding two entries in numerical order to read as follows: SectionRemoveAdd * * * * * 1.6045–1(g)(1)(i), first sentence . . . . .or presumed to be made to a or presumed to be made to a foreign foreign payee under §1.6049–payee under §1.6049– 5(d)(2), (3), (4), or (5) . . . . . . . . . . . . . . . .5(d)(2) or (3) . . . . . . . . . . . . . . . .. . * * * * * 1.6049–5(b)(12), first sentence . . . . . .or presumed to be made to a or presumed to be made to a foreign payee under paragraphforeign payee under paragraph (d)(2), (3), (4), or (5) of this section . . . . .(d)(2) or (3) of this section . . . . . . . * * * * * Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization & Strategic Planning). (Filed by the Office of the Federal Register on April 5, 2001, 8:45 a.m., and published in the issue of the Federal Register for April 6, 2001, 66 F.R. 18187) Accounting for Long-Term Contracts; Correction Announcement 2001–56 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains corrections to final regulations (T.D. 8929, 2001–10 I.R.B. 756) which were published in the Federal Registeron Thursday, January 11, 2001 (66 FR 2219). The final regulations provide guidance on methods of accounting for long-term con- tracts. 2001–21 I.R.B.1287May 21, 2001 DATES: This correction is effective Janu- ary 11, 2001. FOR FURTHER INFORMATION CON- TACT: Leo F. Nolan II (202) 622-4960 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations that are subject to these corrections are under section 460 of the Internal Revenue Code. Need for Correction As published, final regulations (T.D. 8929) contain errors that may prove to be misleading and are in need of clarifica- tion. Correction of Publication Accordingly, the publication of final regulations (T.D. 8929), which were the subject of FR Doc. 01-6, is corrected as follows: 1. On page 2222, column 1, in the pre- amble under the paragraph heading “Unique Items”, first paragraph, last 3 lines of the paragraph, the language “tax- payer must allocate all customization costs to the first unit manufactured under the contract.” is corrected to read “tax- payer must allocate all customization costs necessary to manufacture the first unit manufactured under the contract to that first unit.”. §1.460–2 [Corrected] 2. On page 2230, column 2, §1.460–2(b)(2)(ii), second line from the bottom of the paragraph, the language “the item must be allocated to the first” is corrected to read “the first unit of the item must be allocated to that first”. 3. On page 2230, column 2, §1.460–2(c)(1), fourth line from the bot- tom of the column, the language “time required to design and” is corrected to read “time normally required to design and”. §1.460–4 [Corrected] 4. On page 2232, column 2, §1.460–4(b)(3), line 9, the language “the treatment of post-completion costs,” is corrected to read “the treatment of post- completion-year costs,”. 5. On page 2235, column 2, §1.460–4(g), lines 2 through 5, the language “that uses the PCM, EPCM, CCM, PCCM, or elects the 10-percent method or special AMTI method (or changes to another method of accounting with the Commissioner’s consent) must apply the” is corrected to read “that uses the PCM, EPCM, CCM, or PCCM, or elects the 10-percent method or special AMTI method (or changes to another method of accounting with the Commissioner’s consent) must apply the”. Cynthia E. Grigsby, Chief, Regulations Unit, Office of Special Counsel (Modernization & Strategic Planning). (Filed by the Office of the Federal Register on April 5, 2001, 8:45 a.m., and published in the issue of the Federal Register for April 6, 2001, 66 F.R. 18190) Foundations Status of Certain Organizations Announcement 2001–60 The following organizations have failed to establish or have been unable to maintain their status as public charities or as operating foundations. Accordingly, grantors and contributors may not, after this date, rely on previous rulings or des- ignations in the Cumulative List of Orga- nizations (Publication 78), or on the pre- sumption arising from the filing of notices under section 508(b) of the Code. This listing does notindicate that the organiza- tions have lost their status as organiza- tions described in section 501(c)(3), eligi- ble to receive deductible contributions. Former Public Charities.The follow- ing organizations (which have been treated as organizations that are not pri- vate foundations described in section 509(a) of the Code) are now classified as private foundations: Advisory Board for BHM Health Associates, Inc., Merrilville, IN AFC Community Development Corporation, Chicago, IL African Institute for Education and Development, Chicago, IL Agenda for Black Quad Citians, Rock Island, IL Airport Development Zone Commission, Inc., Gary, IN All My Children Daycare Center, Chicago, IL Alternative Hope for Youth, Inc., Chicago, IL Alternative Sentencing Approach Program, Chicago, IL Amer Friends of Tiferes Yehoshua Inc., Chicago, IL American Academy for Cerebral Palsy & Developmental Medicine, Rosemont, IL American Organization to Help Needy Seniors, Chicago, IL Andre Hunter & Health Associates, Lincolnwood, IL Artensa Randolph Biographical Foundation, Chicago, IL Austintown Junior Womens League, Youngstown, OH Australian Shepherd Rescue of Indiana, Inc., Greenfield, IN Ballet Theatre of Chicago, Chicago, IL Beacon Light Center, Hazel Crest, IL Bellevue Recreation Youth Track Club, Omaha, NE Black Line Productions Inc., Center, E. St. Louis, IL Black Metropolis Convention and Tourism Council, Chicago, IL Broken Wagon Ranch Incorporated, Indianapolis, IN Brownhelm Historical Association, Vermilion, OH Care for Children, Oak Lawn, IL Care & Share of Grant County, Inc., Marion, IN Carver Institute, Tinley Park, IL Catlin Recreation Complex, Inc., Catlin, IL Center for Equal Justice, Chicago, IL Center for Hospice Care, Inc., Lafayette, IN Challenged Hearts, Chicago, IL Charotar Patidar Samaj Midwest, Hoffman Est, IL Chicago Land Arts and Sciences Energy Consortium, Inc., Chicago, IL Children of Prisoners Enhancement Services, Chesterton, IN Children-Parent Center, Inc., Burns Harbor, IN Childrens Learning Center II, Bellwood, IL CHOICE Learning Center, Inc., Indianapolis, IN Christian Law Enforcement Association of Nebraska, Dannebrog, NE Churchhill Fund, Chicago, IL Citizens Certificate Awards, Gary, IN Codi Vespa Foundation for Pediatric Aids, Davis, IL May 21, 200112882001–21 I.R.B. Community Arts Council, Sugarcreek, OH Community Home Development, Inc., Park Forest, IL Complementary Health Project, Inc., Indianapolis, IN Comprehensive Community Services, Inc., Calumet Park, IL Deby Focus, Chicago, IL Diamonds Fast Pitch Softball Teams, Markleville, IN Die Hanswurste, Chicago, IL Divine Hope, Chicago, IL Dubois County Homeless Fund, Inc., Jasper, IN Dunamis Ministries, Chicago, IL Duneland Friends of the Playground, Inc., Chesterton, IN English Learning & Counseling Center, Inc., Chicago, IL ESPA, Warrensville Heights, OH Evansville Welcome Wagon Charities Corporation, Evansville, IN Excel Rewards, Inc., Solon, OH Exchange Foundation, Inc., Willoughby, OH Falls Cities Community Network, Inc., Sellersburg, IN Fayette Township Fire Protection Association, Inc., W. Terre Haute, IN Fellowship of Christian Modelers, Galena, IL Financial Services Assistance Housing Exchange, Inc., Chicago, IL Finnegans Wake Foundation, Forest Park, IL Fishers Arts Council, Inc., Fishers, IN Fondo Franciscano, Ltd., Chicago, IL Foster Foundation, Inc., Nineveh, IN Foundation E.A.R.T.H., St. Louis, MO Foundation for Orthodox Tradition, Chicago, IL Foundation for the Evanston Public Library, Evanston, IL Founders Resource Artist Fund, Inc., Alexandria, IN Friends of Maayenot Yerushalayim for Girls, Inc., Chicago, IL Friends of the Arts of Grant County, Inc., Marion, IN Friends of the Elkhart County Parks, Inc., Goshen, IN Friends of Wesley International Thelogical Seminary, Inc., Greenwood, IN Full Gospel Day Care Ministry, South Bend, IN Gang Outreach, Lake Zurich, IL Gary Alumni Chapter Kappa Alpha Psi Community Foundation, Inc., Gary, IN Global Christian Ministries, Inc., Manilla, IN God Loves Little Children, Hillside, IL Gonstead Methodology Institute, Inc., Rock Island, IL Gotta Dance Parents Association, Inc., Speedway, IN Great Lakes Youth Academy, Park Forest, IL Great Us - Owerri Foundation, Inc., Calumet City, IL Greater Kishwaukee Men of Promise, Dekalb, IL Gus Johnson Community Center, Inc., Akron, OH Guttr, Inc., Indianapolis, IN Hammond Hispanic Community Committee, Inc., Hammond, IN Harvard Outreach Program for Emergencies, Harvard, IL Have A Heart Save A Heart, Shaker Heights, OH Helen Surovek Foundation, Ltd., Hammond, IN Helena Parents Commission, Helena, MT Helpful Christian Ministries, Inc., Canton, OH Henry River Front Development Council, Henry, IL Highland Rotary Club Scholarship Fund Tr, Highland, IL Housing Opportunities Mean Empowerment, Chicago, IL Ican Day Camp & Care, Inc., Elkhart, IN Indiana Association of Nonprofit Organizations, Inc., Indianapolis, IN Indiana Sanitary Commission, Inc., Unionville, IN Indiana School of Champions, Inc., Indianapolis, IN Indianapolis Mayors Commission on Family Violence, Inc., Indianapolis, IN Indianapolis Minyo Dancers, Incorporated, Greenwood, IN Institute of Intra-American Studies, Dixon, MT James Ford Bell Natural History Tr, St. Louis Park, MN Jefferson County Child Abuse Prevention Council, Madison, IN Jesse the Law Torres Boxing Club and Drop in Youth Center, Naperville, IL Jewel Tea Historical Foundation, Barrington, IL JNCL Researach Fund, Mundelein, IL JRB Cystic Fibrosis Hope Foundation, Oak Park, IL Kankakee Area Transit System, Bourbonnais, IL Kelly Park Advisory Council, Chicago, IL Kentuckiana Prison Ministries, Incorporated, Jeffersonville, IN Kiddie Kottage Day Care Center, Chicago, IL Kolbe Fund, Inc., Willoughby, OH Law School Fund for the Future, Chicago, IL Life After Racing-Greyhound Adoption, Inc., Whitestown, IN Lift Corporation, Indianapolis, IN Lift Ministries, Chicago, IL Lighthouse Academy and Residential Center, Joliet, IL Lineage Gallery Project, Inc., Chicago, IL Look at Me Now, Chicago, IL L.O.S.T. Lifeline Organized Search Teams, Clyde, OH L.Z. Incorporated, Fort Wayne, IN Machine Trades Advisory Council, Inc., Chicago, IL Mack-Swains Share and Care, Inc., Chicago, IL Madison County Child Abuse Prevention Council, Inc., Anderson, IN Marcinkowski Amyloidosis Foundation, Inc., Barrington, IL Maria Mater Ecclesiae, Gary, IN Marshall County Christmas in April, Inc., Plymouth, IN Mentoring Foundation, Chicago, IL Mentors Action Network, Chicago, IL Mexican American Family Association, Chicago, IL MGT Council of Elders, Chicago, IL Miami-Class County Freedom Bound Wildlife Rehabilitation Center, Inc., Peru, IN Michiana Academy for Visual & Performing Arts, South Bend, IN Midwest Community Development Corporation, Broadview, IL Mid-West Symphony Orchestra, Chicago, IL Mission Media Production, Inc., Scipio, IN Morse Lake Safety Committee, Inc., Noblesville, IN Multicultural Network, Incorporated, Indianapolis, IN Museums of Prophetstown, Inc., Battle Ground, IN 2001–21 I.R.B.1289May 21, 2001 National Archery Museum, Inc., Fort Wayne, IN National Coalition of 100 Black Women- Indianapolis Chapter, Inc., Indianapolis, IN National Raynauds Network, Inc., Chicago, IL New Century Brass and New Century Concerts, Inc., Lakewood, OH New Land Castle Foundation, Inc., Matteson, IL New Life Mission, Northbrook, IL New Music Guild, Inc., Liberty, OH New Roots, Incorporated, Gary, IN Nicholas Foundation, Hazelcrest, IL Northside Youth Center, Inc., Indianapolis, IN NU Alpha, Chicago, IL Nurses for Better Babies, Inc., Ft. Wayne, IN Oasis of Joy, Vincennes, IN Old St. Pauls Warming Center, Chicago, IL Operation Change, Olympia Fields, IL Operation Fellowship, Michigan City, IN Options Institute, Inc., S. Bend, IN Orange Township Youth Athletic Association, Inc., Rome City, IN Ottawa Area Economic Development Foundation, Inc., Ottawa, IL Otter Limits Association, Waterford, CT Our Blessed Hope Evangelistic Assn., Inc., Frankfort, IN Overflow Ministries, Chicago, IL Pan-Arts Theatre, Incorporated, Indianapolis, IN Perspectives International Educational Films, Wilmette, IL Polycystic Kidney Disease Foundation of Illinois, Inc., Chicago, IL Porter Memorial Hospital Foundation, Inc., Valpariso, IN Potters Will, Inc., River Forest, IL Prairie Arts Council, Princeton, IL Prairie Haven Homes, Ltd., Chicago, IL Preservation Association of Clay Co, Inc., Brazil, IN Primal Connection, Chicago, IL Production Unlimited Multi-Cultural Organization, Waukegan, IL Property Remediation and Redevelopment Foundation, Chicago, IL Proviso Infant Academy, Chicago, IL Runamuck, Chicago, IL Quad Town Safety Village, Inc., Highland, IN Quilt Literacy to Facilitate Job Education, Chicago, IL Raven Brook Corporation, Indianapolis, IN Redes, Chicago, IL Revere Antiques Guild, Bath, OH Richard Wagner Association of Chicago, Western Springs, IL Rock-River-CRI Wildlife Refuge, Ltd., E. Moline, IL Rowe & Gayle Giesen Trust, Pasadena, CA RTAA, Matteson, IL Scholarships for Aggrieved Victims Education, Inc., Chicago, IL Seniors Unlimited Adult Day Care, Inc., Harvey, IL Shannon Lutz Foundation, Inc., Fort Wayne, IN Sharona, Inc., Wheaton, IL Shekinah Global Outreach International, Inc., South Bend, IN Showcase Productions, Inc., Skokie, IL Sioux River Rodeo Club, Flandreau, SD Sisters Taking Care, Inc., Chicago, IL Society of Filipino American Youth Professionals, Brookfield, IL Southlake Net, Inc., Crown Point, IN Southside Nondenominational Fellowship, Inc., Fort Wayne, IN Speedway Allison Association, Inc., Speedway, IN Spelling Bee Competition, Inc., Chicago, IL Springfield Sun Baseball, Morrisonville, IL St. Joseph County 4-H Scholarship Tr, Cleveland, OH Step Right Up Productions Company, Chicago, IL Steven A. Larue Scholarship Foundation, Inc., Richwood, OH Street Films, Oswego, IL Sycamore Institute, Inc., Indianapolis, IN Taekwondo Brat Pak, Bargersville, IN Testimony Ministries, Incorporated, Indianapolis, IN Three Little Kittens Adoption Agency, Inc., Chicago, IL Townsend Mosby, Inc., Calumet Park, IL Trinity House of Hope, Inc., Fort Wayne, IN United Together Against Gangs, Villa Park, IL Universal Center, Inc., Indianpolis, IN Visiontek Foundation, Gurnee, IL Warren Guthrie Memorial Foundation, Inc., Indianapolis, IN We Care Development Center, Inc., Matteson, IL We Will Work, Inc., Lawrence, IN Westside Christmas Fund, Indianapolis, IN Whitecaps Water Protection Foundation, Brookings, SD Whittington Foundation, Vernon Hills, IL Wildlife Natural Care Exchange, Chicago, IL Window, Inc., Warren, OH Womens Health Education Project, Chicago, IL Work-Based Education Project, Chicago, IL Worldwide Fund for Mothers Injured in Childbirth, Chicago, IL Z-B Pre High School Youth Football, Inc., Zion, IL If an organization listed above submits information that warrants the renewal of its classification as a public charity or as a private operating foundation, the Internal Revenue Service will issue a ruling or de- termination letter with the revised classi- fication as to foundation status. Grantors and contributors may thereafter rely upon such ruling or determination letter as pro- vided in section 1.509(a)–7 of the Income Tax Regulations. It is not the practice of the Service to announce such revised clas- sification of foundation status in the Inter- nal Revenue Bulletin. May 21, 2001i2001–21 I.R.B. Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to de- scribe the effect: Amplified describes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously published ruling and points out an essen- tial difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it ap- plies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in law or regulations. A ruling may also be obsoleted because the sub- stance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published rul- ing is not correct and the correct position is being stated in the new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously pub- lished ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case the previously published ruling is first modified and then, as modified, is super- seded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be pub- lished that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is 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 following abbreviations in current use and for- merly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign Corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statements of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Definition of Terms 2001–21 I.R.B.iiMay 21, 2001 Numerical Finding List 1 Bulletins 2001–1 through 2001–20 Announcements: 2001–1, 2001–2 I.R.B. 277 2001–2, 2001–2 I.R.B. 277 2001–3, 2001–2 I.R.B. 278 2001–4, 2001–2 I.R.B. 286 2001–5, 2001–2 I.R.B. 286 2001–6, 2001–3 I.R.B. 357 2001–7, 2001–3 I.R.B. 357 2001–8, 2001–3 I.R.B. 357 2001–9, 2001–3 I.R.B. 357 2001–10, 2001–4 I.R.B. 431 2001–11, 2001–4 I.R.B. 432 2001–12, 2001–6 I.R.B. 526 2001–13, 2001–96 I.R.B. 752 2001–14, 2001–7 I.R.B. 648 2001–15, 2001–8 I.R.B. 715 2001–16, 2001–8 I.R.B. 715 2001–17, 2001–8 I.R.B. 716 2001–18, 2001–10 I.R.B. 791 2001–19, 2001–10 I.R.B. 791 2001–20, 2001–8 I.R.B. 716 2001–21, 2001–9 I.R.B. 752 2001–22, 2001–11 I.R.B. 895 2001–23, 2001–10 I.R.B. 791 2001–24, 2001–10 I.R.B. 793 2001–25, 2001–11 I.R.B. 895 2001–26, 2001–11 I.R.B. 896 2001–27, 2001–11 I.R.B. 897 2001–28, 2001–13 I.R.B. 975 2001–29, 2001–14 I.R.B. 1014 2001–30, 2001–15 I.R.B. 1065 2001–31, 2001–17 I.R.B. 1113 2001–32, 2001–17 I.R.B. 1113 2001–33, 2001–17 I.R.B. 1136 2001–34, 2001–16 I.R.B. 1087 2001–35, 2001–16 I.R.B. 1087 2001–36, 2001–16 I.R.B. 1089 2001–37, 2001–16 I.R.B. 1090 2001–38, 2001–17 I.R.B. 1137 2001–39, 2001–17 I.R.B. 1141 2001–40, 2001–17 I.R.B. 1141 2001–41, 2001–18 I.R.B. 1147 2001–42, 2001–18 I.R.B. 1147 2001–43, 2001–18 I.R.B. 1147 2001–44, 2001–18 I.R.B. 1148 2001–45, 2001–18 I.R.B. 1148 2001–46, 2001–19 I.R.B. 1165 2001–47, 2001–19 I.R.B. 1165 2001–48, 2001–19 I.R.B. 1168 2001–49, 2001–20 I.R.B. 1183 2001–50, 2001–20 I.R.B. 1184 2001–51, 2001–20 I.R.B. 1185 2001–52, 2001–20 I.R.B. 1186 2001–53, 2001–20 I.R.B. 1186 2001–57, 2001–20 I.R.B. 1187 Notices: 2001–1, 2001–2 I.R.B. 261 2001–2, 2001–2 I.R.B. 265 2001–3, 2001–2 I.R.B. 267 2001–4, 2001–2 I.R.B. 267 2001–5, 2001–3 I.R.B. 327 2001–6, 2001–3 I.R.B. 327 2001–7, 2001–4 I.R.B. 374 2001–8, 2001–4 I.R.B. 374 2001–9, 2001–4 I.R.B. 375 2001–10, 2001–5 I.R.B. 459 Notices—Continued: 2001–11, 2001–5 I.R.B. 464 2001–12, 2001–3 I.R.B. 328 2001–13, 2001–6 I.R.B. 514 2001–14, 2001–6 I.R.B. 516 2001–15, 2001–7 I.R.B. 589 2001–16, 2001–9 I.R.B. 730 2001–17, 2001–9 I.R.B. 730 2001–18, 2001–9 I.R.B. 731 2001–19, 2001–10 I.R.B. 784 2001–20, 2001–11 I.R.B. 818 2001–21, 2001–11 I.R.B. 818 2001–22, 2001–12 I.R.B. 911 2001–23, 2001–12 I.R.B. 911 2001–24, 2001–12 I.R.B. 912 2001–25, 2001–13 I.R.B. 941 2001–26, 2001–13 I.R.B. 942 2001–27, 2001–13 I.R.B. 942 2001–28, 2001–13 I.R.B. 944 2001–29, 2001–14 I.R.B. 989 2001–30, 2001–14 I.R.B. 989 2001–31, 2001–17 I.R.B. 1093 2001–32, 2001–18 I.R.B. 1146 2001–33, 2001–19 I.R.B. 1155 Proposed Regulations: LR–230–76, 2001–13 I.R.B. 945 REG–209461–79, 2001–8 I.R.B. 712 REG–246256–96, 2001–8 I.R.B. 713 REG–251701–96, 2001–4 I.R.B. 396 REG–101520–97, 2001–15 I.R.B. 1057 REG–106030–98, 2001–11 I.R.B. 820 REG–106446–98, 2001–13 I.R.B. 945 REG–106542–98, 2001–5 I.R.B. 473 REG–121928–98, 2001–6 I.R.B. 520 REG–109481–99, 2001–13 I.R.B. 961 REG–111835–99, 2001–11 I.R.B. 834 REG–114998–99, 2001–14 I.R.B. 992 REG–115560–99, 2001–14 I.R.B. 993 REG–101739–00, 2001–14 I.R.B. 996 REG–103320–00, 2001–8 I.R.B. 714 REG–104683–00, 2001–4 I.R.B. 407 REG–104876–00, 2001–14 I.R.B. 998 REG–105801–00, 2001–13 I.R.B. 965 REG–105946–00, 2001–16 I.R.B. 1069 REG–106513–00, 2001–16 I.R.B. 1076 REG–106702–00, 2001–4 I.R.B. 424 REG–106791–00, 2001–6 I.R.B. 521 REG–106892–00, 2001–15 I.R.B. 1060 REG–107047–00, 2001–14 I.R.B. 1002 REG–107101–00, 2001–16 I.R.B. 1083 REG–107175–00, 2001–13 I.R.B. 971 REG–107176–00, 2001–4 I.R.B. 428 REG–107186–00, 2001–13 I.R.B. 973 REG–107566–00, 2001–3 I.R.B. 346 REG–110374–00, 2001–12 I.R.B. 915 REG–110659–00, 2001–12 I.R.B. 917 REG–114082–00, 2001–7 I.R.B. 629 REG–114083–00, 2001–7 I.R.B. 630 REG–114084–00, 2001–7 I.R.B. 633 REG–116468–00, 2001–6 I.R.B. 522 REG–119352–00, 2001–6 I.R.B. 525 REG–121109–00, 2001–15 I.R.B. 1064 REG–125237–00, 2001–12 I.R.B. 919 REG–126100–00, 2001–11 I.R.B. 862 REG–129608–00, 2001–14 I.R.B. 1011 REG–130477–00, 2001–11 I.R.B. 865 REG–130481–00, 2001–11 I.R.B. 865 Railroad Retirement Quarterly Rates: 2001–2, I.R.B. 258 2001–15, I.R.B. 1054 Revenue Procedures: 2001–1, 2001–1 I.R.B. 1 2001–2, 2001–1 I.R.B. 79 2001–3, 2001–1 I.R.B. 111 2001–4, 2001–1 I.R.B. 121 2001–5, 2001–1 I.R.B. 164 2001–6, 2001–1 I.R.B. 194 2001–7, 2001–1 I.R.B. 236 2001–8, 2001–1 I.R.B. 239 2001–9, 2001–3 I.R.B. 328 2001–10, 2001–2 I.R.B. 272 2001–11, 2001–2 I.R.B. 275 2001–12, 2001–3 I.R.B. 335 2001–13, 2001–3 I.R.B. 337 2001–14, 2001–3 I.R.B. 343 2001–15, 2001–5 I.R.B. 465 2001–16, 2001–4 I.R.B. 376 2001–17, 2001–7 I.R.B. 589 2001–18, 2001–8 I.R.B. 708 2001–19, 2001–9 I.R.B. 732 2001–20, 2001–9 I.R.B. 738 2001–21, 2001–9 I.R.B. 742 2001–22, 2001–9 I.R.B. 745 2001–23, 2001–10 I.R.B. 784 2001–24, 2001–10 I.R.B. 788 2001–25, 2001–12 I.R.B. 913 2001–26, 2001–17 I.R.B. 1093 2001–27, 2001–19 I.R.B. 1155 2001–28, 2001–19 I.R.B. 1156 2001–29, 2001–19 I.R.B. 1160 2001–30, 2001–19 I.R.B. 1163 2001–31, 2001–20 I.R.B. 1170 Revenue Rulings: 2001–1, 2001–9 I.R.B. 726 2001–2, 2001–2 I.R.B. 255 2001–3, 2001–3 I.R.B. 319 2001–4, 2001–3 I.R.B. 295 2001–5, 2001–5 I.R.B. 451 2001–6, 2001–6 I.R.B. 491 2001–7, 2001–7 I.R.B. 541 2001–8, 2001–9 I.R.B. 726 2001–9, 2001–8 I.R.B. 652 2001–10, 2001–10 I.R.B. 755 2001–11, 2001–10 I.R.B. 780 2001–12, 2001–11 I.R.B. 811 2001–13, 2001–12 I.R.B. 898 2001–14, 2001–12 I.R.B. 898 2001–15, 2001–13 I.R.B. 922 2001–16, 2001–13 I.R.B. 936 2001–17, 2001–15 I.R.B. 1052 2001–18, 2001–17 I.R.B. 1092 2001–19, 2001–18 I.R.B. 1143 2001–20, 2001–18 I.R.B. 1143 2001–21, 2001–18 I.R.B. 1144 2001–22, 2001–19 I.R.B. 1152 2001–23, 2001–20 I.R.B. 1169 Treasury Decisions: 8910, 2001–2 I.R.B. 258 8911, 2001–3 I.R.B. 321 8912, 2001–5 I.R.B. 452 8913, 2001–3 I.R.B. 300 8914, 2001–8 I.R.B. 653 8915, 2001–4 I.R.B. 359 8916, 2001–4 I.R.B. 360 8917, 2001–7 I.R.B. 538 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. May 21, 2001iii2001–21 I.R.B. Treasury Decisions—Continued: 8918, 2001–4 I.R.B. 372 8919, 2001–6 I.R.B. 505 8920, 2001–8 I.R.B. 654 8921, 2001–7 I.R.B. 532 8922, 2001–6 I.R.B. 508 8923, 2001–6 I.R.B. 485 8924, 2001–6 I.R.B. 489 8925, 2001–6 I.R.B. 496 8926, 2001–6 I.R.B. 492 8927, 2001–11 I.R.B. 807 8928, 2001–8 I.R.B. 685 8929, 2001–10 I.R.B. 756 8930, 2001–5 I.R.B. 433 8931, 2001–7 I.R.B. 542 8932, 2001–11 I.R.B. 813 8933, 2001–11 I.R.B. 794 8934, 2001–12 I.R.B. 904 8935, 2001–8 I.R.B. 702 8937, 2001–11 I.R.B. 806 8938, 2001–13 I.R.B. 929 8939, 2001–12 I.R.B. 899 8940, 2001–15 I.R.B. 1016 8941, 2001–14 I.R.B. 977 8942, 2001–13 I.R.B. 929 8943, 2001–15 I.R.B. 1054 8944, 2001–16 I.R.B. 1067 2001–21 I.R.B.ivMay 21, 2001 Finding List of Current Actions on Previously Published Items 1 Bulletins 2001–1 through 2001–20 Announcements: 98–99 Modified by Ann. 2001–9, 2001–3 I.R.B. 357 99–79 Superseded by Ann. 2001–3, 2001–2 I.R.B. 278 2000–78 Obsoleted by T.D. 8933, 2001–11 I.R.B. 794 2000–97 Corrected by Ann. 2001–7, 2001–3 I.R.B. 357 Cumulative Bulletin: 1998–2 Corrected by Ann. 2001–5, 2001–2 I.R.B. 286 Notices: 94–3 Modified by T.D. 8933, 2001–11 I.R.B. 794 98–39 Modified by Notice 2001–9, 2001–4 I.R.B. 375 98–40 Modified by Notice 2001–9, 2001–4 I.R.B. 375 99–53 Modified and superseded by Notice 2001–7, 2001–4 I.R.B. 374 2000–21 Superseded by Notice 2001–1, 2001–2 I.R.B. 261 2000–22 Modified and superseded by Notice 2001–8, 2001–4 I.R.B. 374 2000–26 Modified by Notice 2001–22, 2001–12 I.R.B. 911 2000–43 Extended by Notice 2001–13, 2001–6 I.R.B. 514 Proposed Regulations: EE–130–86 Partially withdrawn by REG–209461–79, 2001–8 I.R.B. 712 REG–106030–98 Corrected by Ann. 2001–30, 2001–15 I.R.B. 1065 REG–106542–98 Corrected by Ann. 2001–24, 2001–13 I.R.B. 793 REG–116733–98 Withdrawn by Ann. 2001–11, 2001–4 I.R.B. 432 Proposed Regulations—Continued: REG–105235–99 Corrected by Ann. 2001–52, 2001–20 I.R.B. 1186 REG–116048–99 Withdrawn by Ann. 2001–27, 2001–11 I.R.B. 897 REG–116050–99 Corrected by Ann. 2001–51, 2001–20 I.R.B. 1185 REG–104683–00 Corrected by Ann. 2001–42, 2001–18 I.R.B. 1147 REG–106702–00 Corrected by Ann. 2001–28, 2001–13 I.R.B. 975 REG–110374–00 Corrected by Ann. 2001–44, 2001–18 I.R.B. 1148 REG–126100–00 Corrected by Ann. 2001–50, 2001–20 I.R.B. 1184 Revenue Procedures: 75–21 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 75–28 Modified and superseded by Rev. Proc. 2001–29, 2001–19 I.R.B. 1160 76–30 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 79–48 Modified and superseded by Rev. Proc. 2001–28, 2001–19 I.R.B. 1156 Rev. Proc. 2001–29, 2001–19 I.R.B. 1160 83–87 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 90–18 Amplified and superseded by Rev. Proc. 2001–18, 2001–8 I.R.B. 708 92–19 Superseded by Rev. Proc. 2001–15, 2001–5 I.R.B. 465 96–15 Modified by Ann. 2001–22, 2001–11 I.R.B. 895 96–17 Modified by Rev. Proc. 2001–9, 2001–3 I.R.B. 328 97–25 Superseded by Rev. Proc. 2001–31, 2001–20 I.R.B. 1170 99–18 Modified and superseded by Rev. Proc. 2001–21, 2001–9 I.R.B. 742 99–47 Superseded by Rev. Proc. 2001–16, 2001–4 I.R.B. 376 Revenue Procedures—Continued: 99–49 Modified and amplified by Notice 2001–23, 2001–12 I.R.B. 911 Rev. Proc. 2001–10, 2001–2 I.R.B. 272 Rev. Proc. 2001–23, 2001–10 I.R.B. 784 Rev. Proc. 2001–24, 2001–10 I.R.B. 788 Rev. Proc. 2001–25, 2001–12 I.R.B. 913 Rev. Rul. 2001–8, 2001–9 I.R.B. 762 2000–1 Superseded by Rev. Proc. 2001–1, 2001–1 I.R.B. 1 2000–2 Superseded by Rev. Proc. 2001–2, 2001–1 I.R.B. 79 2000–3 Superseded by Rev. Proc. 2001–3, 2001–1 I.R.B. 111 2000–4 Superseded by Rev. Proc. 2001–4, 2001–1 I.R.B. 121 2000–5 Superseded by Rev. Proc. 2001–5, 2001–1 I.R.B. 164 2000–6 Superseded by Rev. Proc. 2001–6, 2001–1 I.R.B. 194 2000–7 Superseded by Rev. Proc. 2001–7, 2001–1 I.R.B. 236 2000–8 Superseded by Rev. Proc. 2001–8, 2001–1 I.R.B. 239 2000–14 Supplemented by Rev. Proc. 2001–27, 2001–19 I.R.B. 1155 2000–16 Modified and superseded by Rev. Proc. 2001–17, 2001–7 I.R.B. 589 2000–22 Modified and superseded by Rev. Proc. 2001–10, 2001–2 I.R.B. 272 2000–23 Superseded by Rev. Proc. 2001–26, 2001–17 I.R.B. 1093 2001–3 Corrected by Ann. 2001–25, 2001–11 I.R.B. 895 Section 5.01 revoked by Rev. Proc. 2001–30, 2001–19 I.R.B. 1163 2001–13 Clarified by Notice 2001–12, 2001–3 I.R.B. 328 Revenue Rulings: 64–328 Modified by Notice 2001–10, 2001–5 I.R.B. 459 66–110 Modified by Notice 2001–10, 2001–5 I.R.B. 459 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2000–27 through 2000–52 is in Internal Revenue Bulletin 2001–1, dated January 2, 2001. May 21, 2001v2001–21 I.R.B. Revenue Rulings—Continued: 85–30 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 88–95 Clarified by Rev. Rul. 2001–8, 2001–9 I.R.B. 762 92–19 Supplemented in part by Rev. Rul. 2001–11, 2001–10 I.R.B. 780 2000–56 Corrected by Ann. 2001–19, 2001–10 I.R.B. 791 2001–4 Modified by Notice 2001–23, 2001–12 I.R.B. 911 Treasury Decisions: 7530 Removed by T.D. 8938, 2001–13 I.R.B. 929 8757 Revised by T.D. 8941, 2001–14 I.R.B. 977 8889 Corrected by Ann. 2001–14, 2001–2 I.R.B. 286 8913 Corrected by Ann. 2001–26, 2001–11 I.R.B. 896 8916 Corrected by Ann. 2001–41, 2001–18 I.R.B. 1147 8921 Corrected by Ann. 2001–43, 2001–18 I.R.B. 1147 8931 Technically amended by Ann. 2001–37, 2001–16 I.R.B. 1090 8940 Corrected by Ann. 2001–53, 2001–20 I.R.B. 1186 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 Superintendent 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 and are not included as part of the subscription to the Internal Revenue Bulletin. 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 Tax Info for Business at the bottom of the page. Then select Internal Revenue Bulletins. INTERNAL REVENUE BULLETINS ON CD–ROM Internal Revenue Bulletins are available annually as part of 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 371954, Pittsburgh, PA 15250–7954. Please allow two to six weeks, plus mailing time, for delivery. WE WELCOME COMMENTS ABOUT THE INTERNAL REVENUE BULLETIN If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can e-mail us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the IRS Bulletin Unit, W:CAR:MP:FP, Washington, DC 20224. 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