us-irs-revenue-procedures-irb-2017-13-pdf•Internal Revenue Bulletin 2017-13 (PDF rendition): IRS Revenue Procedures
Internal Revenue Bulletin 2017-13 (PDF rendition): IRS Revenue Procedures
us-irs-revenue-procedures-irb-2017-13-pdfInternal Revenue Bulletin 2017-13 (PDF rendition): IRS Revenue ProceduresGuidance
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HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX Notice 2017–21, page 1026. Attached is Notice 2017–21, which provides for adjustments to the limitation on housing expenses for purposed of section 911 of the Internal Revenue Code. These adjustments are made on the basis of geographic differences in housing costs relative to housing costs in the United States. Further, if the limitation on housing expenses is higher for taxable year 2017 than the adjusted limitations on housing expenses provided in Notice 2016 –21, qualified taxpayers may apply the adjusted limitations for taxable year 2017 to their 2016 taxable year. Rev. Proc. 2017–26, page 1036 Attached is Revenue Procedure 2017–27, which provides a waiver for the time requirements for individuals electing to exclude their foreign earned income who must leave a foreign country because of war, civil unrest, or similar adverse condi- tions in that country. Rev. Proc. 2017–26 adds South Sudan for tax year 2016 for which the minimum time requirements are waived. Generally, U.S. citizens or resident aliens living and working abroad are taxed on their worldwide income. However, if their tax home is in a foreign country and they meet either the bona fide residence test or the physical presence test, they can choose to exclude from their income a limited amount of their foreign earned income ($101,300 for 2016). Both the bona fide residence test and the physical presence test contain minimum time requirements. EMPLOYEE PLANS Notice 2017–22, page 1033. This notice sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for March 2017 used under § 417(e)(3)(D), the 24-month average segment rates applicable for March 2017, and the 30-year Treasury rates. These rates reflect the application of § 430(h)(2)(C)(iv), which was added by the Moving Ahead for Progress in the 21st Century Act, Public Law 112–141 (MAP-21) and amended by section 2003 of the Highway and Transportation Funding Act of 2014 (HATFA). Finding Lists begin on page ii. Bulletin No. 2017–13 March 27, 2017 The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and en- force the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all substantive 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. Procedures relating solely to matters of internal management are not published; however, statements of inter- nal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identify- ing details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legisla- tion and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Sec- retary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The 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. March 27, 2017Bulletin No. 2017–13 Part III. Administrative, Procedural, and Miscellaneous Determination of Housing Cost Amounts Eligible for Exclusion or Deduction for 2017 Notice 2017–21 SECTION 1. PURPOSE This notice provides adjustments to the limitation on housing expenses for pur- poses of section 911 of the Internal Rev- enue Code for specific locations for 2017. These adjustments are made on the basis of geographic differences in housing costs rel- ative to housing costs in the United States. SECTION 2. BACKGROUND Section 911(a) allows a qualified indi- vidual to elect to exclude from gross in- come the foreign earned income and hous- ing cost amount of such individual. The term “housing cost amount” is generally the total of the housing expenses for the taxable year minus a base housing amount. See section 911(c)(1). For this purpose, the housing expenses taken into account are limited to an amount that is tied to the maximum foreign earned income exclusion. Specifically, the limit on such housing expenses equals 30 percent (ad- justed as may be provided under the Secre- tary’s authority under section 911(c)(2)(B)) of the maximum exclusion amount (com- puted on a daily basis), multiplied by the number of days in the applicable period that fall within the taxable year. See section 911(c)(2)(A). Thus, under this general lim- itation, a qualified individual whose entire taxable year is within the applicable period is limited to maximum housing expenses of $30,630 ($102,100 x .30) for 2017. Similarly, the computation of the base housing amount is also tied to the maxi- mum foreign earned income exclusion. Specifically, the base housing amount is 16% of the maximum exclusion amount (computed on a daily basis), multiplied by the number of days in the applicable period that fall within the taxable year. See sections 911(c)(1)(B) and 911(d)(1). Assuming that the entire taxable year of a qualified individual is within the applicable period, the base housing amount for 2017 is$16,336 ($102,100 x .16). Section 911(c)(2)(B) au- thorizes the Secretary to issue regulations or other guidance to adjust the percentage un- der section 911(c)(2)(A)(i) (which deter- mines the limit on housing expenses) based on geographic differences in housing costs relative to housing costs in the United States. Pursuant to this authority, the Inter- nal Revenue Service (IRS) and the Treasury Department have published annual notices concerning the limitation on the section 911 housing cost amounts since the 2006 taxable year. For more background on the foreign housing exclusion, see https://www.irs.gov/ individuals/international-taxpayers/foreign- housing-exclusion-or deduction. SECTION 3. TABLE OF ADJUSTED LIMITATIONS FOR 2017 The following table provides adjusted limitations on housing expenses (in lieu of the otherwise applicable limitation of $30,630) for 2017. CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) AngolaLuanda84,000230.14 ArgentinaBuenos Aires56,500154.79 AustraliaMelbourne31,60086.58 AustraliaPerth33,80092.60 AustraliaSydney63,700174.52 AustriaVienna35,40096.99 Bahamas, TheGrand Bahama Island30,90084.66 Bahamas, TheNassau49,700136.16 BahrainBahrain48,300132.33 BarbadosBarbados37,700103.29 BelgiumBrussels38,700106.03 BelgiumGosselies33,80092.60 BelgiumMons33,80092.60 BelgiumSHAPE/Chievres33,80092.60 BermudaBermuda90,000246.58 BrazilRio de Janeiro35,10096.16 BrazilSao Paulo56,600155.07 CanadaCalgary38,500105.48 CanadaMontreal51,300140.55 CanadaOttawa43,600119.45 CanadaQuebec34,90095.62 March 27, 2017Bulletin No. 2017–13 1026 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) CanadaToronto45,600124.93 CanadaVancouver43,700119.73 Cayman IslandsGrand Cayman48,000131.51 ChileSantiago40,600111.23 ChinaBeijing71,200195.07 ChinaHong Kong114,300313.15 ChinaShanghai57,001156.17 ColombiaBogota58,700160.82 ColombiaAll cities other than Bogota49,400135.34 Costa RicaSan Jose32,00087.67 Democratic Republic of the Congo Kinshasa42,000115.07 DenmarkCopenhagen43,704119.74 Dominican Republic Santo Domingo45,500124.66 EcuadorGuayaquil30,80084.38 EcuadorQuito38,200104.66 El SalvadorSan Salvador32,00087.67 EstoniaTallinn46,600127.67 FranceGarches66,400181.92 FranceLyon36,700100.55 FranceMarseille35,80098.08 FranceParis66,400181.92 FranceSevres66,400181.92 FranceSuresnes66,400181.92 FranceVersailles66,400181.92 FranceAll cities other than Garches, Le Havre, Lyon, Marseille, Montpellier, Paris, Sevres, Suresnes, and Versailles 31,90087.40 GermanyBabenhausen32,60089.32 GermanyBaumholder32,30088.49 GermanyBerlin39,800109.04 GermanyBirkenfeld32,30088.49 GermanyBoeblingen39,500108.22 GermanyBonn42,000115.07 GermanyCologne56,200153.97 GermanyDarmstadt32,60089.32 GermanyFrankfurt am Main34,00093.15 GermanyGelnhausen41,000112.33 GermanyGiessen36,00098.63 GermanyGrafenwoehr32,90090.14 GermanyHanau41,000112.33 GermanyIdar-Oberstein32,30088.49 GermanyIngolstadt46,500127.40 GermanyKaiserslautern, Landkreis39,800109.04 GermanyKarlsruhe31,40086.03 GermanyKoblenz32,00087.67 GermanyLudwigsburg39,500108.22 Bulletin No. 2017–13March 27, 2017 1027 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) GermanyMainz43,400118.90 GermanyMunich46,500127.40 GermanyNellingen39,500108.22 GermanyNeubruecke32,30088.49 GermanyOber Ramstadt32,60089.32 GermanyPfullendorf32,00087.67 GermanyPirmasens39,800109.04 GermanySembach39,800109.04 GermanyStuttgart39,500108.22 GermanyVilseck32,90090.14 GermanyWahn42,000115.07 GermanyWiesbaden43,400118.90 GermanyZweibrueken39,800109.04 GermanyAll cities other than Augsburg, Babenhausen, Bad Aibling, Bad Kreuznach, Bad Nauheim, Baumholder, Berchtesgaden, Berlin, Birkenfeld, Boeblingen, Bonn, Bremen, Bremerhaven, Butzbach, Cologne, Darmstadt, Delmenhorst, Duesseldorf, Erlangen, Flensburg, Frankfurt am Main, Friedberg, Fuerth, Garlstedt, Garmisch-Partenkirchen, Geilenkirchen, Gelnhausen, Germersheim, Giebelstadt, Grafenwoehr, Grefrath, Greven, Gruenstadt, Hamburg, Hanau, Handorf, Hannover, Heidelberg, Heilbronn, Herongen, Idar-Oberstein, Ingolstadt, Kaiserslautern, Landkreis,Kalkar, Karlsruhe, Kerpen, Kitzingen, Koblenz, Leimen, Leipzig, Ludwigsburg, Mainz, Mannheim, Mayen, Moenchen-Gladbach, Muenster, Munich, Nellingen, Neubruecke, Noervenich, Nuernberg, Ober Ramstadt, Oberammergau, Osterholz-Scharmbeck, Pirmasens, Rheinau, Rheinberg, Schwabach, Schwetzingen, Seckenheim, Sembach, Stuttgart, Twisteden, Vilseck, Wahn, Wertheim, Wiesbaden, Worms, Wuerzburg, Zirndorf, and Zweibrueken 32,00087.67 GhanaAccra36,00098.63 GreeceAthens32,50089.04 GreeceElefsis32,50089.04 GreeceEllinikon32,50089.04 GreeceMt. Parnis32,50089.04 GreeceMt. Pateras32,50089.04 GreeceNea Makri32,50089.04 GreecePiraeus32,50089.04 GreeceTanagra32,50089.04 GuatemalaGuatemala City41,800114.52 GuineaConakry51,300140.55 GuyanaGeorgetown35,00095.89 March 27, 2017Bulletin No. 2017–13 1028 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) Holy See, TheHoly See, The44,200121.10 HungaryBudapest32,50089.04 HungaryPapá44,500121.92 IndiaMumbai67,920186.08 IndiaNew Delhi56,124153.76 IndonesiaJakarta37,776103.50 IrelandDublin38,400105.21 IsraelTel Aviv50,800139.18 ItalyGenoa41,800114.52 ItalyGioia Tauro31,20085.48 ItalyLa Spezia40,400110.68 ItalyMilan66,000180.82 ItalyNaples44,300121.37 ItalyParma33,50091.78 ItalyPordenone-Aviano34,30093.97 ItalyRome44,200121.10 ItalyTurin33,10090.68 ItalyVicenza36,00098.63 JamaicaKingston41,200112.88 JapanAtsugi38,200104.66 JapanCamp Zama38,200104.66 JapanChiba-Ken38,200104.66 JapanFussa38,200104.66 JapanGifu74,300203.56 JapanHaneda38,200104.66 JapanKanagawa-Ken38,200104.66 JapanKomaki74,300203.56 JapanMachidi-Shi38,200104.66 JapanNagoya74,300203.56 JapanOkinawa Prefecture53,000145.21 JapanOsaka-Kobe90,664248.39 JapanSagamihara38,200104.66 JapanSaitama-Ken38,200104.66 JapanSasebo32,00087.67 JapanTachikawa38,200104.66 JapanTokyo85,700234.79 JapanTokyo-to38,200104.66 JapanYokohama47,000128.77 JapanYokosuka44,900123.01 JapanYokota36,500100.00 KazakhstanAlmaty48,000131.51 KoreaCamp Colbern54,200148.49 KoreaCamp Market54,900150.41 KoreaCamp Mercer54,200148.49 KoreaK-1654,900150.41 KoreaKimpo Airfield54,900150.41 Bulletin No. 2017–13March 27, 2017 1029 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) KoreaMunsan31,50086.30 KoreaOsan AB34,30093.97 KoreaPyongtaek39,200107.40 KoreaSeoul54,900150.41 KoreaSuwon54,900150.41 KoreaTaegu33,40091.51 KoreaTongduchon35,20096.44 KuwaitKuwait City64,400176.44 KuwaitAll cities other than Kuwait City57,700158.08 LuxembourgLuxembourg36,20099.18 MacedoniaSkopje35,40096.99 MalaysiaKuala Lumpur46,200126.58 MalaysiaAll cities other than Kuala Lumpur33,70092.33 MaltaMalta55,100150.96 MexicoMazatlan31,00084.93 MexicoMerida37,900103.84 MexicoMexico City47,900131.23 MexicoMonterrey33,20090.96 MexicoAllcities other than Ciudad Juarez, Cuernavaca,Guadalajara, Hermosillo, Matamoros, Mazatlan, Merida, Metapa, Mexico City, Monterrey, Nogales, Nuevo Laredo, Reynosa, Tapachula, Tijuana, Tuxtla Gutierrez, and Veracruz 39,400107.95 MozambiqueMaputo39,500108.22 NamibiaWindhoek32,10087.95 NetherlandsAmsterdam52,900144.93 NetherlandsAruba36,00098.63 NetherlandsBrunssum32,40088.77 NetherlandsEygelshoven32,40088.77 NetherlandsHague, The52,700144.38 NetherlandsHeerlen32,40088.77 NetherlandsHoensbroek32,40088.77 NetherlandsHulsberg32,40088.77 NetherlandsKerkrade32,40088.77 NetherlandsLandgraaf32,40088.77 NetherlandsMaastricht32,40088.77 NetherlandsPapendrecht31,70086.85 NetherlandsRotterdam31,70086.85 NetherlandsSchaesburg32,40088.77 NetherlandsSchinnen32,40088.77 NetherlandsSchiphol52,900144.93 NetherlandsYpenburg52,700144.38 NetherlandsAll cities other than Amsterdam, Aruba, Brunssum, Coevorden, Eygelshoven, The Hague, Heerlen, Hoensbroek, Hulsberg, Kerkrade, Landgraaf, Maastricht, Margraten, Papendrecht, Rotterdam, Schaesburg, Schinnen, Schiphol, and Ypenburg 31,30085.75 Netherlands AntillesCuracao45,800125.48 March 27, 2017Bulletin No. 2017–13 1030 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) New ZealandAuckland35,70097.81 New ZealandChristchurch32,10087.95 New ZealandWellington33,80092.60 NicaraguaManagua31,80087.12 NigeriaAbuja36,00098.63 NorwayOslo35,20096.44 OmanMuscat41,300113.15 PanamaPanama City35,50097.26 ParaguayAsuncion31,10085.21 PeruLima39,100107.12 PhilippinesCavite34,00093.15 PhilippinesManila37,380102.41 PortugalAlverca40,400110.68 PortugalLisbon40,400110.68 QatarAl Udeid (in All Cities)32,40088.77 QatarDoha42,744117.11 QatarAll cities other than Doha32,40088.77 RussiaMoscow108,000295.89 RussiaSaint Petersburg60,000164.38 RussiaSakhalin Island77,500212.33 RussiaVladivostok77,500212.33 RussiaYekaterinburg47,400129.86 RwandaKigali31,50086.30 Saudi ArabiaJeddah30,66784.02 Saudi ArabiaRiyadh40,000109.59 SingaporeSingapore75,900207.95 SloveniaLjubljana46,400127.12 South AfricaPretoria39,300107.67 SpainBarcelona40,600111.23 SpainMadrid53,900147.67 SpainRota32,90090.14 SpainValencia31,00084.93 SurinameParamaribo33,00090.41 SwitzerlandBern63,000172.60 SwitzerlandGeneva90,600248.22 SwitzerlandZurich39,219107.45 SwitzerlandAll cities other than Bern, Geneva, and Zurich 32,90090.14 TaiwanTaipei46,188126.54 TanzaniaDar Es Salaam44,000120.55 ThailandBangkok59,000161.64 Trinidad and Tobago Port of Spain54,500149.32 TurkeyIzmir-Cigli31,60086.58 TurkeyYamanlar31,60086.58 UkraineKiev72,000197.26 United Arab Emirates Abu Dhabi49,687136.13 United Arab Emirates Dubai57,174156.64 United KingdomBasingstoke41,099112.60 Bulletin No. 2017–13March 27, 2017 1031 CountryLocation Limitation on Housing Expenses (full year) Limitation on Housing Expenses (daily) United KingdomBath41,000112.33 United KingdomBracknell62,100170.14 United KingdomBristol31,30085.75 United KingdomBrookwood34,30093.97 United KingdomCambridge40,700111.51 United KingdomCaversham73,800202.19 United KingdomCheltenham49,600135.89 United KingdomCroughton35,00095.89 United KingdomFairford34,00093.15 United KingdomFarnborough54,700149.86 United KingdomFelixstowe32,90090.14 United KingdomGibraltar44,616122.24 United KingdomHarrogate36,800100.82 United KingdomHigh Wycombe62,100170.14 United KingdomHuntingdon34,30093.97 United KingdomKemble34,00093.15 United KingdomLakenheath43,900120.27 United KingdomLiverpool30,90084.66 United KingdomLondon68,700188.22 United KingdomLoudwater54,200148.49 United KingdomMenwith Hill36,800100.82 United KingdomMildenhall43,900120.27 United KingdomOxfordshire34,50094.52 United KingdomPlymouth34,50094.52 United KingdomPortsmouth34,50094.52 United KingdomReading62,100170.14 United KingdomRochester35,40096.99 United KingdomSamlesbury34,30093.97 United KingdomSouthampton44,200121.10 United KingdomSurrey48,402132.61 United KingdomWaterbeach35,30096.71 United KingdomWiltshire32,80089.86 United KingdomAll cities other than Basingstoke, Bath, Belfast, Birmingham, Bracknell, Bristol, Brookwood, Brough, Cambridge, Caversham, Chelmsford, Cheltenham, Chicksands, Croughton, Dunstable, Edinburgh, Edzell, Fairford, Farnborough, Felixstowe, Ft. Halstead, Gibraltar, Glenrothes, Greenham Common, Harrogate, High Wycombe, Huntingdon, Hythe, Kemble, Lakenheath, Liverpool, London, Loudwater, Menwith Hill, Mildenhall, Nottingham, Oxfordshire, Plymouth, Portsmouth, Reading, Rochester, Samlesbury, Southampton, Surrey, Waterbeach, Welford, West Byfleet, and Wiltshire 34,30093.97 VenezuelaCaracas57,000156.16 VietnamHanoi46,800128.22 VietnamHo Chi Minh City42,000115.07 March 27, 2017Bulletin No. 2017–13 1032 SECTION 4. ELECTION TO APPLY 2017 ADJUSTED LIMITATIONS TO 2016 TAXABLE YEAR For some locations, the limitation on housing expenses provided in Section 3 of this notice may be higher than the limita- tion on housing expenses provided in the “Table of Adjusted Limitations for 2016” in Notice 2016–21. A qualified individual incurring housing expenses in such a lo- cation during 2016 may apply the adjusted limitation on housing expenses provided in Section 3 of this notice for 2016 in lieu of the amounts provided in the “Table of Adjusted Limitations for 2016” in Notice 2016–21 (and as set forth in the Instruc- tions to Form 2555,Foreign Earned In- come, for 2016). The Treasury Department and the IRS anticipate that future annual notices pro- viding adjustments to housing expense limitations will make a similar election available to qualified individuals that in- cur housing expenses in the immediately preceding year. For example, when ad- justed housing expense limitations for 2018 are issued, it is expected that taxpay- ers will be permitted to apply those ad- justed limitations to the 2017 taxable year. SECTION 5. Filing Prior Year or Amended Tax Returns Notice 2011–8, 2011–1 C.B. 503; No- tice 2012–19, 2012–1 C.B. 440; Notice 2013–31, 2013–1 C.B. 1099; Notice 2014–29, 2014–1 C.B. 991; Notice 2015– 33, 2015–18 I.R.B. 934; and Notice 2016–21, 2016–1 C.B. 465, are relisted to assist those individuals who are filing prior year or amended tax returns. EFFECT ON OTHER DOCUMENTS This notice supersedes Notice 2006– 87, 2006–2 C.B. 766; Notice 2007–25, 2007–1 C.B. 760; Notice 2007–77, 2007–2 C.B. 735; Notice 2008–107, 2008–2 C.B. 1266; Notice 2010–27, 2010–1 C.B. 531; Notice 2011–8, 2011–1 C.B. 503; Notice 2012–19, 2012–1 C.B. 440; Notice 2013– 31, 2013–1 C.B. 1099; Notice 2014–29, 2014–1 C.B. 991; Notice 2015–33,2015–18 I.R.B. 934; and Notice 2016–21, 2016–1 C.B. 465. EFFECTIVE DATE This notice is effective for taxable years beginning on or after January 1, 2017. However, as provided in Section 4, a taxpayer may elect to apply the 2017 adjusted housing limitations contained in Section 3 of this notice to his or her tax- able year beginning in 2016. DRAFTING INFORMATION The principal author of this notice is Kate Y. Hwa of the Office of Associate Chief Counsel (International). For further information regarding this notice contact Kate Y. Hwa on (202) 317-6934 (not a toll-free number). Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2017–22 This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used un- der § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the Internal Revenue Code. In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30- year Treasury weighted average rate un- der § 431(c)(6)(E)(ii)(I). YIELD CURVE AND SEGMENT RATES Generally, except for certain plans un- der sections 104 and 105 of the Pension Protection Act of 2006 and CSEC plans under § 414(y), § 430 of the Code speci- fies the minimum funding requirements that apply to single-employer plans pursu- ant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, pres- ent value is generally determined using three 24-month average interest rates (“seg- ment rates”), each of which applies to cash flows during specified periods. To the extent provided under § 430(h)(2)(C)(iv), these segment rates are adjusted by the applicable percentage of the 25-year average segment rates for the period ending September 30 of the year preceding the calendar year in which the plan year begins. 1 However, anelection may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Notice 2007–81, 2007–44 I.R.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond seg- ment rates used to compute the target nor- mal cost and the funding target. Consis- tent with the methodology specified in Notice 2007–81, the monthly corporate bond yield curve derived from February 2017 data is in Table I at the end of this notice. The spot first, second, and third seg- ment rates for the month of February 2017 are, respectively, 1.96, 3.91, and 4.69. The 24-month average segment rates determined under § 430(h)(2)(C)(i) through(iii) must be adjusted pursuant to § 430(h)(2)(C)(iv) to be within the applica- ble minimum and maximum percentages of the corresponding 25-year average segment rates. For plan years beginning before 2021, the applicable minimum percentage is 90% and the applicable maximum percentage is 110%. The 25-year average segment rates for plan years beginning in 2015, 2016, and 2017 were published in Notice 2014–50, 2014–40 I.R.B. 590, Notice 2015–61, 2015–39 I.R.B. 408, and Notice 2016–54, 2016–40 I.R.B. 429, respectively. 24-MONTH AVERAGE CORPORATE BOND SEGMENT RATES The three 24-month average corporate bond segment rates applicable for March 2017 without adjustment for the 25-year average segment rate limits are as follows: 1 Pursuant to § 433(h)(3)(A), the 3 rd segment rate determined under § 430(h)(2)(C) is used to determine the current liability of a CSEC plan (which is used to calculate the minimum amount of the full funding limitation under § 433(c)(7)(C)). Bulletin No. 2017–13March 27, 2017 1033 Applicable MonthFirst SegmentSecond SegmentThird Segment March 20171.623.804.75 Based on § 430(h)(2)(C)(iv), the 24- month averages applicable for March 2017 adjusted to be within the applicable minimum and maximum percentages of the corresponding 25-year average seg- ment rates, are as follows: For Plan Years Beginning In Adjusted 24-Month Average Segment Rates Applicable MonthFirst SegmentSecond SegmentThird Segment 2016March20174.435.916.65 2017March20174.165.726.48 30-YEAR TREASURY SECURITIES INTEREST RATES Generally for plan years beginning af- ter 2007, § 431 specifies the minimum funding requirements that apply to multiem- ployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation described in § 431(c)(6)(A), based on the plan’s current liability. Section 431(c)(6)(E)(ii)(I) provides that the interest rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of interest on 30-year Treasury securi- ties during the four-year period ending on the last day before the beginning of the plan year. Notice 88–73, 1988–2 C.B. 383, pro- vides guidelines for determining the weighted average interest rate. The rate of interest on 30-year Treasury securities for February 2017 is 3.03 percent. The Service determined this rate as the average of the daily determinations of yield on the 30-year Treasury bond maturing in November 2046 determined each day through February 8, 2017 and the yield on the 30-year Treasury bond maturing in February 2047 determined each day for the balance of the month. For plan years beginning in the month shown below, the weighted average of the rates of interest on 30-year Treasury securities and the permissible range of rates used to calcu- late current liability are as follows: For Plan Years Beginning in 30-Year Treasury Weighted Average Permissible Range MonthYear90%to105% March20172.902.613.05 MINIMUM PRESENT VALUE SEGMENT RATES In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month av- erage. Notice 2007–81 provides guidelines for determining the minimum present value segment rates. Pursuant to that notice, the minimum present value segment rates deter- mined for February 2017 are as follows: First SegmentSecond SegmentThird Segment 1.963.914.69 DRAFTING INFORMATION The principal author of this notice is Tom Morgan of the Office of the Associ- ate Chief Counsel (Tax Exempt and Gov- ernment Entities). However, other person- nel from the IRS participated in the development of this guidance. For further information regarding this notice, contact Mr. Morgan at 202-317-6700 or Tony Montanaro at 202-317-8698 (not toll-free numbers). Table I Monthly Yield Curve for February 2017 Derived from February 2017 Data MaturityYieldMaturityYieldMaturityYieldMaturityYieldMaturityYield 0.51.1320.54.4740.54.7260.54.8180.54.85 1.01.3721.04.4941.04.7261.04.8181.04.85 1.51.6021.54.5041.54.7261.54.8181.54.85 2.01.7922.04.5142.04.7362.04.8182.04.85 March 27, 2017Bulletin No. 2017–13 1034 Table I Monthly Yield Curve for February 2017 Derived from February 2017 Data MaturityYieldMaturityYieldMaturityYieldMaturityYieldMaturityYield 2.51.9622.54.5242.54.7362.54.8182.54.85 3.02.1023.04.5243.04.7363.04.8183.04.85 3.52.2323.54.5343.54.7463.54.8183.54.85 4.02.3624.04.5444.04.7464.04.8184.04.85 4.52.4824.54.5544.54.7464.54.8284.54.86 5.02.6125.04.5645.04.7465.04.8285.04.86 5.52.7325.54.5645.54.7565.54.8285.54.86 6.02.8626.04.5746.04.7566.04.8286.04.86 6.52.9826.54.5846.54.7566.54.8286.54.86 7.03.1127.04.5947.04.7567.04.8287.04.86 7.53.2227.54.5947.54.7667.54.8287.54.86 8.03.3428.04.6048.04.7668.04.8288.04.86 8.53.4428.54.6148.54.7668.54.8388.54.86 9.03.5429.04.6149.04.7669.04.8389.04.86 9.53.6429.54.6249.54.7769.54.8389.54.86 10.03.7330.04.6350.04.7770.04.8390.04.86 10.53.8130.54.6350.54.7770.54.8390.54.86 11.03.8831.04.6451.04.7771.04.8391.04.86 11.53.9531.54.6451.54.7771.54.8391.54.87 12.04.0132.04.6552.04.7872.04.8392.04.87 12.54.0732.54.6552.54.7872.54.8392.54.87 13.04.1233.04.6653.04.7873.04.8493.04.87 13.54.1633.54.6653.54.7873.54.8493.54.87 14.04.2034.04.6754.04.7874.04.8494.04.87 14.54.2434.54.6754.54.7974.54.8494.54.87 15.04.2735.04.6855.04.7975.04.8495.04.87 15.54.3035.54.6855.54.7975.54.8495.54.87 16.04.3236.04.6856.04.7976.04.8496.04.87 16.54.3536.54.6956.54.7976.54.8496.54.87 17.04.3737.04.6957.04.7977.04.8497.04.87 17.54.3937.54.7057.54.8077.54.8497.54.87 18.04.4138.04.7058.04.8078.04.8498.04.87 18.54.4238.54.7058.54.8078.54.8598.54.87 19.04.4439.04.7159.04.8079.04.8599.04.87 19.54.4539.54.7159.54.8079.54.8599.54.87 20.04.4640.04.7160.04.8080.04.85100.04.87 26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of cor- rect tax liability. (Also: Part I, §§ 911; 1.911–1.) Rev. Proc. 2017–26 SECTION 1. PURPOSE .01 This revenue procedure provides information to any individual who failed to meet the eligibility requirements of sec- tion 911(d)(1) of the Internal Revenue Code because adverse conditions in a for- eign country precluded the individual from meeting those requirements for tax- able year 2016. .02 This revenue procedure lists the countries for which the eligibility require- ments of section 911(d)(1) are waived for taxable year 2016. Bulletin No. 2017–13March 27, 2017 1035 SECTION 2. BACKGROUND .01 Sections 911(a) and (c)(4) of the Code allow a “qualified individual,” as defined in section 911(d), to exempt from taxation the individual’s foreign earned income and the housing cost amount. .02 Section 911(d)(1) of the Code de- fines the term “qualified individual” as an individual whose tax home is in a foreign country and who is (A) a citizen of the United States and establishes to the satis- faction of the Secretary of the Treasury that the individual has been abona fide resident of a foreign country or countries for an uninterrupted period that includes an entire taxable year, or (B) a citizen or resident of the United States who, during any period of 12 consecutive months, is present in a foreign country or countries during at least 330 full days. .03 Section 911(d)(4) of the Code pro- vides an exception to the eligibility re- quirements of section 911(d)(1). An indi- vidual will be treated as a qualified individual with respect to a period in which the individual was abona fideres- ident of, or was present in, a foreign coun- try if the individual left the country during a period for which the Secretary of the Treasury, after consultation with the Sec- retary of State, determines that individuals were required to leave because of war, civil unrest, or similar adverse conditions that precluded the normal conduct of busi- ness. An individual must establish that but for those conditions the individual could reasonably have been expected to meet the eligibility requirements. SECTION 3. APPLICATION .01 For 2016, the Secretary of the Trea- sury, in consultation with the Secretary of State, has determined that war, civil un- rest, or similar adverse conditions pre- cluded the normal conduct of business in the following country beginning on the specified date: CountryDate of Departure On or After South SudanJuly 10, 2016 Accordingly, for purposes of section 911 of the Code, an individual who left South Sudan on or after July 10, 2016, will be treated as a qualified individual with respect to the period during which that individual was present in, or was a bona fideresident of, South Sudan if the individual establishes a reasonable expec- tation of meeting the requirements of sec- tion 911(d) but for those conditions. .02 To qualify for relief under section 911(d)(4) of the Code, an individual must have established residency, or have been physically present, in the foreign country on or before the date that the Secretary of the Treasury determines that individuals were required to leave the foreign country. Accordingly, individuals who were first physically present or established resi- dency in South Sudan after July 10, 2016, are not eligible to qualify for the excep- tion provided in section 911(d)(4) of the Code for taxable year 2016. SECTION 4. INQUIRIES A taxpayer who needs assistance on how to claim this exclusion, or on how to file an amended return, should contact a local IRS Office or consult the section under the headingHow to Get Tax Helpathttps://www.irs.gov/Individuals/ International-Taxpayers/U.S.-Citizens-and- Resident-Aliens-Abroad. SECTION 5. DRAFTING INFORMATION The principal author of this revenue procedure is Kate Y. Hwa of the Office of Associate Chief Counsel (International). For further information regarding this rev- enue procedure contact Kate Y. Hwa on (202) 317-6934 (not a toll free number). March 27, 2017Bulletin No. 2017–13 1036 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplifieddescribes 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 ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarifiedis 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 pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Supersededdescribes 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 sub- stance of a prior ruling, a combination of terms is used. For example,modifiedand supersededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in ma- terial 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.—Statement 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. Bulletin No. 2017–13March 27, 2017 i Numerical Finding List 1 Bulletin 2017–1 through 2017–13 Action on Decision: 2017-1, 2016-7 I.R.B.868 Announcements: 2017-01, 2017-08 I.R.B.941 2017-02, 2017-10 I.R.B.1007 Notices: 2017-1, 2017-2 I.R.B.367 2017-2, 2017-4 I.R.B.539 2017-3, 2017-2 I.R.B.368 2017-4, 2017-4 I.R.B.541 2017-5, 2017-6 I.R.B.779 2017-6, 2017-3 I.R.B.422 2017-7, 2017-3 I.R.B.423 2017-8, 2017-3 I.R.B.423 2017-9, 2017-4 I.R.B.542 2017-10, 2017-4 I.R.B.544 2017-12, 2017-5 I.R.B.742 2017-13, 2017-6 I.R.B.780 2017-14, 2017-6 I.R.B.783 2017-15, 2017-6 I.R.B.783 2017-16, 2017-7 I.R.B.913 2017-18, 2017-9 I.R.B.997 2017-19, 2017-9 I.R.B.1000 2017-20, 2017-11 I.R.B.1010 2017-21, 2017-13 I.R.B.1026 2017-22, 2017-13 I.R.B.1033 Proposed Regulations: REG-137604-07, 2017-7 I.R.B.923 REG-128276-12, 2017-2 I.R.B.369 REG-103477-14, 2017-5 I.R.B.746 REG-112324-15, 2017-4 I.R.B.547 REG-127203-15, 2017-7 I.R.B.918 REG-131643-15, 2017-6 I.R.B.865 REG-134438-15, 2017-2 I.R.B.373 REG-112800-16, 2017-4 I.R.B.569 REG-123829-16, 2017-5 I.R.B.764 REG-123841-16, 2017-5 I.R.B.766 REG-133353-16, 2017-2 I.R.B.372 REG-134247-16, 2017-5 I.R.B.744 REG-135122-16, 2017-9 I.R.B.1005 Revenue Procedures: 2017-1, 2017-1 I.R.B.1 2017-2, 2017-1 I.R.B.106 2017-3, 2017-1 I.R.B.130 2017-4, 2017-1 I.R.B.146 2017-5, 2017-1 I.R.B.230 2017-7, 2017-1 I.R.B.269 2017-12, 2017-3 I.R.B.424 2017-13, 2017-6 I.R.B.787 Revenue Procedures:—Continued 2017-14, 2017-3 I.R.B.426 2017-15, 2017-3 I.R.B.437 2017-16, 2017-3 I.R.B.501 2017-18, 2017-5 I.R.B.743 2017-19, 2017-7 I.R.B.913 2017-21, 2017-6 I.R.B.791 2017-22, 2017-6 I.R.B.863 2017-23, 2017-7 I.R.B.915 2017-24, 2017-7 I.R.B.916 2017-26, 2017-13 I.R.B.1036 Revenue Rulings: 2017-1, 2017-3 I.R.B.377 2017-2, 2017-2 I.R.B.364 2017-3, 2017-4 I.R.B.522 2017-4, 2017-6 I.R.B.776 2017-5, 2017-9 I.R.B.1000 2017-6, 2017-12 I.R.B.1011 2017-7, 2017-10 I.R.B.1009 Treasury Decisions: 9794, 2017-2 I.R.B.273 9795, 2017-2 I.R.B.326 9796, 2017-3 I.R.B.380 9801, 2017-2 I.R.B.355 9802, 2017-2 I.R.B.361 9803, 2017-3 I.R.B.384 9804, 2017-3 I.R.B.406 9806, 2017-4 I.R.B.524 9807, 2017-5 I.R.B.573 9808, 2017-5 I.R.B.580 9809, 2017-5 I.R.B.664 9810, 2017-6 I.R.B.775 9811, 2017-7 I.R.B.869 9814, 2017-7 I.R.B.878 9815, 2017-9 I.R.B.944 9817, 2017-9 I.R.B.968 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2016–27 through 2016–52 is in Internal Revenue Bulletin 2016–52, dated December 26, 2016. March 27, 2017Bulletin No. 2017–13 ii Finding List of Current Actions on Previously Published Items 1 Bulletin 2017–1 through 2017–13 Notices: 2002-1 Amplified by Notice 2017-1, 2017-2 I.R.B.367 2010-46 Obsoleted by Notice 2017-1, 2017-2 I.R.B.367 2016-29 Modified by Notice 2017-6, 2017-3 I.R.B.422 Revenue Procedures: 2013-22 Clarified by Rev. Proc. 2017-18, 2017-05 I.R.B.743 2015-57 Modified by Rev. Proc. 2017-24, 2017-07 I.R.B.916 Treasury Decisions: 2010-46 Obsoleted by T.D. 9815 2017-09 I.R.B.944 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2016–27 through 2016–52 is in Internal Revenue Bulletin 2016–52, dated December 26, 2016. Bulletin No. 2017–13March 27, 2017 iii INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available atwww.irs.gov/irb/. 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 email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300
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