rp-13-32.pdf

Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing.

This collection currently includes the publisher’s available advance-release directory. Historical bulletin renditions are discovered separately; an advance-release record alone does not certify the collection archive complete.

26 CFR 601.201: Rulings and determination letters
(Also: Part 1, §§ 332, 351, 355, 368, and 1036)

Rev. Proc. 2013-32

SECTION 1. PURPOSE

To conserve Internal Revenue Service (Service) resources, this revenue
procedure restricts the scope of letter rulings that address issues with respect to
transactions under sections 332, 351, 355, and 1036, and reorganizations within the
meaning of section 368 of the Internal Revenue Code (Code).

SECTION 2. CHANGES

.01 Section 5.01 of this revenue procedure modifies and amplifies section 6.03,
section 6.11, Appendix C, and Appendix E of Rev. Proc. 2013-1, 2013-1 I.R.B. 1
(explaining procedures for requesting letter rulings generally), and section 5.02 of this
revenue procedure modifies and amplifies sections 3.01(41), 4.02(2), and 4.02(9) of
Rev. Proc. 2013-3, 2013-1 I.R.B. 113 (listing areas of the Code under the jurisdiction of
the Associate Chief Counsel (Corporate) on which the Service will not issue letter
rulings), by modifying the scope of, and procedures for requesting, letter rulings issued
by the Service under section 332, 351, 355, 368, or 1036, and certain related Code
sections. As explained in section 4.01 of this revenue procedure, the Service will no
longer rule on whether a transaction qualifies for nonrecognition treatment under
section 332, 351, 355, or 1036, or on whether a transaction constitutes a reorganization
within the meaning of section 368. The Service will instead rule only on significant
issues (described in section 4.02 of this revenue procedure) under section 332, 351,
355, 368, or 1036. In addition, as explained in section 4.03 of this revenue procedure,

the Service will rule only on significant issues under related Code sections that address
the tax consequences (such as nonrecognition and basis) that result from the
application of section 332, 351, 355, 368, or 1036. Finally, section 5.01 of this revenue
procedure discontinues the pilot program announced in Rev. Proc. 2009-25, 2009-24
I.R.B.1088, for letter rulings on certain issues arising in the context of a section 355
distribution.
.02 Section 5.03 of this revenue procedure modifies the following revenue
procedures, which describe some of the information and representations to be
submitted with a letter ruling request for rulings on transactions described in section
332, 351, 355, or 368, by providing that such information and representations should be
included in letter ruling requests with respect to one or more significant issues under
such Code sections only to the extent that they relate to the significant issues: Rev.
Proc. 81-60, 1981-2 C.B. 680 (section 368(a)(1)(E)); Rev. Proc. 83-59, 1983-2 C.B. 575
(section 351); Rev. Proc. 86-42, 1986-2 C.B. 722 (section 368(a)(1)(A), (B), (C), (D)
(acquisitive reorganizations), and (F)); Rev. Proc. 90-52, 1990-2 C.B. 626 (section 332);
and Rev. Proc. 96-30, 1996-1 C.B. 696, amplified and modified by Rev. Proc. 2003-48,
2003-2 C.B. 86 (section 355).

.03 Additionally, section 5.04 of this revenue procedure supersedes section 4.06
of Rev. Proc. 2003-48, 2003-2 C.B. 86 (relating to supplemental letter rulings) and
obsoletes all other sections of Rev. Proc. 2003-48 (relating to procedures for requesting
letter rulings under section 355).

SECTION 3. BACKGROUND

.01 Letter Rulings, In General

Ordinarily, the Service will not issue a letter ruling on only part of an integrated
transaction. If, however, part of an integrated transaction falls under an area of the
Code, including those under the jurisdiction of the Associate Chief Counsel (Corporate),
on which the Service will not issue letter rulings (“no-rule issue” or “no-rule area”), the
Service may issue a letter ruling on other parts of the transaction. Section 6.03 of Rev.
Proc. 2013-1, 2013-1 I.R.B. 15, and section 4.02(2) of Rev. Proc. 2013-3, 2013-1 I.R.B.
122. If it is impossible for the Service to determine the tax consequences of a larger
transaction without resolving a no-rule issue then the taxpayer must state in its ruling
request to its best knowledge and belief the tax consequences of the no-rule issue. The
Service’s letter ruling will state that the Service did not consider, and no opinion is
expressed upon, the no-rule issue. In appropriate cases, notwithstanding the taxpayer’s
representation, the Service may decline to issue a letter ruling on such larger
transactions due to the relevance of the no-rule issue. Section 2.03 of Rev. Proc. 2013-
3, 2013-1 I.R.B 114.

In addition, the Service ordinarily will not issue letter rulings with respect to an

issue that is clearly and adequately addressed by statute, regulations, decision of a
court, or authority published in the Internal Revenue Bulletin (i.e., comfort rulings).
However, the Service may in its discretion decide to issue a letter ruling on such an
issue if the Service is otherwise issuing a letter ruling to the taxpayer on another issue
arising in the same transaction. Section 6.11 of Rev. Proc. 2013-1, 2013-1 I.R.B. 17,
and section 4.02(9) of Rev. Proc. 2013-3, 2013-1 I.R.B. 123.

.02 Certain Letter Rulings under the Jurisdiction of the Associate Chief Counsel
(Corporate)

Prior to the effective date of this revenue procedure, the Service would not issue
a letter ruling on whether a transaction qualified for nonrecognition treatment under
section 332, 351 (except for certain transfers undertaken before section 355
distributions), or 1036, or whether a transaction constituted a reorganization within the
meaning of section 368(a)(1)(A) (including a transaction that qualified under section
368(a)(1)(A) by reason of section 368(a)(2)(D) or section 368(a)(2)(E)),
section 368(a)(1)(B), section 368(a)(1)(C), section 368(a)(1)(E), or section 368(a)(1)(F),
or the tax consequences (such as nonrecognition and basis) that resulted from the
application of such Code sections, unless the Service determined that there was a
significant issue. If the Service determined that there was a significant issue, and to the
extent the transaction was not described in another no-rule area, the Service would rule
on the entire transaction and not just the significant issue. Section 3.01(41) of Rev.
Proc. 2013-3, 2013-1 I.R.B. 116.

In Rev. Proc. 2009-25, 2009-24 I.R.B. 1088, the Service announced a pilot
program for letter rulings on issues arising in the context of section 355 distributions.
Under this program, a taxpayer could request a letter ruling on part of a larger
transaction or on a particular issue under a Code section that a transaction presented.
The Service, in turn, would issue a letter ruling on the particular issue raised in the letter
ruling request and not on any other issue (including, in some cases, qualification of the
distribution under section 355) or on any other aspect of the transaction.

Prior to the effective date of this revenue procedure, a taxpayer requesting a
letter ruling on the qualification of a transaction under section 332, 351, 355, or 1036, or
whether a transaction constituted a reorganization within the meaning of section 368,
was required to provide information and representations described in other applicable
revenue procedures (i.e.
, Rev. Proc. 81-60, 1981-2 C.B. 680; Rev. Proc. 83-59, 1983-2
C.B. 575; Rev. Proc. 86-42, 1986-2 C.B. 722; Rev. Proc. 90-52, 1990-2 C.B. 626; Rev.
Proc. 96-30, 1996-1 C.B. 696; and Rev. Proc. 2003-48, 2003-2 C.B. 86, as applicable)
as well as other information and representations that were requested as part of the
Associate Chief Counsel (Corporate)’s ruling policy.

SECTION 4. EXPLANATION OF NEW PROCEDURES

.01 New Procedures for Certain Letter Rulings under the Jurisdiction of the
Associate Chief Counsel (Corporate)

(1) The Service will no longer rule on whether a transaction qualifies for
nonrecognition treatment under section 332, 351, 355, or 1036, or on whether a
transaction constitutes a reorganization within the meaning of section 368 (collectively,
the “Nonrecognition Provisions”), regardless of whether the transaction presents a
significant issue and regardless of whether the transaction is an integral part of a larger
transaction that involves other issues upon which the Service will rule.

The Service will rule, however, on one or more issues under the
Nonrecognition Provisions to the extent that such issue or issues are significant. For
example, the Service will issue a letter ruling addressing significant issues presented by
the application of sections 1.368-1(d) and 1.368-2(k) of the Income Tax Regulations.

(2) This revenue procedure does not limit the number of significant issues
that may be the subject of a single letter ruling. The Service reserves the right to rule on
any other issue in, or part of, the transaction (including ruling adversely) if the Service
believes that it is in the best interests of tax administration. Cf
. section 2.01 of Rev. Proc
2013-3, 2013-1 I.R.B. 113.

(3) For purposes of this revenue procedure, a significant issue is an issue
of law the resolution of which is not essentially free from doubt and that is germane to
determining the tax consequences of the transaction. An issue the resolution of which is
not essentially free from doubt under one Code section may nevertheless not be
germane to determining the tax consequences of the transaction if, for instance, another
Code section provides the same consequences as the first Code section. For example,
the Service may decline to rule on an issue under section 368 with respect to an
upstream merger of a wholly owned subsidiary into its shareholder if qualification of the
transaction under section 332 is essentially free from doubt and it is essentially free
from doubt that the tax consequences of section 332 qualification would be the same as
the tax consequences that would result if the transaction constituted a reorganization
within the meaning of section 368. In such an overlap case, the taxpayer must explain
why the issue is germane to determining its tax consequences.

(4) In addition, the Service will only rule on the tax consequences (such as
nonrecognition and basis) that result from the application of the Nonrecognition
Provisions to the extent that a significant issue is presented under the related Code
section that addresses such tax consequences. For example, a section 351 exchange
that does not present any significant issues under section 351 may present a significant
issue regarding the application of section 358 to the transferor in the exchange. In such
a case, the Service will rule only on the significant issue under section 358.

(5) Before submitting a letter ruling request on a significant issue under
this revenue procedure, a taxpayer is encouraged to call the Office of Associate Chief
Counsel (Corporate) at (202) 622-7700 to discuss whether the Service will entertain
such a letter ruling request. Letter ruling requests submitted under this revenue
procedure must comply with the requirements set forth in section 6.03 of Rev. Proc.
2013-1, 2013-1 I.R.B. 15, as modified by this revenue procedure, as well as Rev. Proc.
2013-1, in general. All pertinent no-rule policies described in Rev. Proc. 2013-3, 2013-1
I.R.B. 113, governing the Service’s letter ruling practice will govern requests for letter
rulings made pursuant to this revenue procedure. See
, for example, section 3.01(43) of
Rev. Proc. 2013-3, 2013-1 I.R.B. 116 (no-rule policy regarding business purpose and
device issues under section 355 and section 355(e) plan issues).

In preparing a letter ruling request under this revenue procedure,
taxpayers should continue to consult other applicable revenue procedures (e.g.
, Rev.
Proc. 81-60, 1981-2 C.B. 680; Rev. Proc. 83-59, 1983-2 C.B. 575; Rev. Proc. 86-42,
1986-2 C.B. 722; Rev. Proc. 90-52, 1990-2 C.B. 626; and Rev. Proc. 96-30, 1996-1
C.B. 696) and include in the letter ruling request the information and representations
described in such revenue procedures (as appropriate) only to the extent that they
relate to the significant issues.

.02 Supplemental Letter Rulings

The Associate Chief Counsel (Corporate) will apply the same no-rule policy
described above to supplemental letter ruling requests. A change of circumstances
arising after a transaction has been completed ordinarily will not present a significant
issue with respect to the transaction. In addition, an issue of fact (as opposed to an
issue of law) does not present a significant issue. Before submitting a supplemental
letter ruling request, a taxpayer is encouraged to call the Office of Associate Chief
Counsel (Corporate) at (202) 622-7700 to discuss whether the Service will entertain a
supplemental letter ruling request. All pertinent no-rule policies governing the Service’s
letter ruling practice will govern requests for supplemental letter rulings.

SECTION 5. PROCEDURE

.01 Rev. Proc. 2013-1 is modified and amplified as follows:

(1) Delete the text of all paragraphs after the first paragraph of
section 6.03 and add the following text after the first paragraph of section 6.03:

In addition, the Service will not rule on the qualification of any transaction
under section 332, 351, 355, or 1036, or on whether a transaction constitutes a
reorganization within the meaning of section 368, regardless of whether such
transaction is part of an integrated transaction (see
section 3.01(41) of Rev. Proc. 2013-

3, 2013-1 I.R.B. 116, as modified by Rev. Proc. 2013-32 in I.R.B. 2013-28). Instead, the
Associate Chief Counsel (Corporate) will only issue a letter ruling on significant issues
(within the meaning of section 3.01(41) of Rev. Proc. 2013-3, as modified by Rev. Proc.
2013-32) presented in a transaction described in section 332, 351, 355, 368, or 1036.
For example, the Service may rule on significant issues under section 1.368-1(d)
(continuity of business enterprise) and section 1.368-1(e) (continuity of interest). Letter
rulings requested under this section 6.03 are subject to the no-rule policies of Rev.
Proc. 2013-3. In addition, the Service will not rule on the tax consequences that result
from the application of section 332, 351, 355, 368 or 1036 (including nonrecognition and
basis) except to the extent of a significant issue and only to the extent consistent with
the no-rule policies of Rev. Proc. 2013-3.

Before preparing a letter ruling request under this section involving
significant issues presented in a transaction described in section 332, 351, 355, 368, or
1036, a taxpayer is encouraged to call the Office of Associate Chief Counsel
(Corporate) at the telephone number provided in section 10.07(1)(a) of this revenue
procedure to discuss whether the Service will entertain a letter ruling request under this
section 6.03. The Service reserves the right to rule on any other aspect of the
transaction (including ruling adversely) to the extent the Service believes it is in the best
interests of tax administration. Cf
. section 2.01 of Rev. Proc. 2013-3.

Taxpayers may request rulings on one or more significant issues in a
single letter ruling request. Letter ruling requests under this section 6.03 must include
for each significant issue:

(1) A narrative description of the transaction that puts the issue in context;
(2) A statement identifying the issue;
(3) An analysis of the relevant law, which should set forth the authorities most
closely related to the issue and explain why these authorities do not resolve the
issue, and an explanation concerning why the issue is significant within the
meaning of section 3.01(41) of Rev. Proc. 2013-3, as modified by Rev. Proc.
2013-32;
(4) Information and representations relevant to the issue. Taxpayers should consult
other published authorities (see
, for example, Exhibit E of this revenue
procedure, which identifies certain checklist and guideline revenue procedures),
including those modified by Rev. Proc. 2013-32 (e.g.
, Rev. Proc. 96-30, 1996-1
C.B. 696), and other authorities (e.g.
, Rev. Rul. 73-234, 1973-1 C.B. 180
(applying section 355(b) to the activities performed by employees of a
corporation engaged in a farming business)), to identify information or
representations but only to the extent that they relate to the issue; and
(5) The precise ruling(s) requested.

If the Service issues a letter ruling on a significant issue under this

procedure, then the letter ruling will state that no opinion is expressed as to any issue or
step not specifically addressed by the letter. In addition, letter rulings issued under this
procedure will contain the following (or similar) language:

This Office expresses no opinion as to the overall tax consequences of the
transaction(s) described in this letter, including qualification of the
transaction under [section 332, 351, 355, 368, or 1036, as appropriate].

(2) Delete the text of section 6.11 and add the following text in its place:

A letter ruling will not be issued with respect to an issue that is clearly and
adequately addressed by statute, regulations, decision of a court, revenue rulings,
revenue procedures, notices, or other authority published in the Internal Revenue
Bulletin (Comfort Ruling). However, except with respect to issues under section 332,
351, 355, 368, or 1036 and the tax consequences resulting from the application of such
Code sections (see
generally section 6.03, as modified by Rev. Proc. 2013-32 in I.R.B.
2013-28), the Associate office may in its discretion decide to issue a Comfort Ruling if
the Associate office is otherwise issuing a letter ruling to the taxpayer on another issue
arising in the same transaction.

(3) Add new question 8 to Appendix C as follows:

(a) Are you requesting a letter ruling under the jurisdiction of the
Associate Chief Counsel (Corporate) on a significant issue (within the meaning of
section 3.01(41) of Rev. Proc. 2013-3, 2013-1 I.R.B. 116, as modified by Rev. Proc.
2013-32 in I.R.B. 2013-28) with respect to a transaction described in section 332, 351,
355, or 1036 or a reorganization within the meaning of section 368? See
section 6.03;

(b) Include a “Yes No” answer; and

(4) Modify the text in section .01 of Appendix E as follows:

(a) Under the subheading “Subchapter C⎯Corporate Distributions,
Adjustments, Transfers, and Reorganizations” delete the text and add the following text
in its place:

Rev. Proc. 77-37, 1977-2 C.B. 568, as modified by Rev. Proc. 89-
30, 1989-1 C.B. 895, and as amplified by Rev. Proc. 77-41, 1977-2 C.B. 574, Rev. Proc.
83-81, 1983-2 C.B. 598 (see
also Rev. Proc. 2013-3, 2013-1 I.R.B. 113, as modified by
Rev. Proc. 2013-32 in I.R.B. 2013-28), Rev. Proc. 84-42, 1984-1 C.B. 521 (superseded,

in part, as to no-rule areas by Rev. Proc. 2013-3, 2013-1 I.R.B. 113), Rev. Proc. 86-42,
1986-2 C.B. 722, and Rev. Proc. 89-50, 1989-2 C.B. 631. But see section 3.01 of Rev.
Proc. 2013-3, as modified by Rev. Proc. 2013-32, which states that the Service will not
issue a letter ruling as to whether a transaction constitutes a reorganization within the
meaning of section 368. However, the Service will issue a letter ruling addressing
significant issues (within the meaning of section 3.01 of Rev. Proc. 2013-3, as modified
by Rev. Proc. 2013-32) presented in a reorganization within the meaning of section 368.
The information and representations described in these revenue procedures should be
included in a letter ruling request only to the extent that they relate to the significant
issues with respect to which the letter ruling is requested. See
section 6.03(4), as
modified by Rev. Proc. 2013-32.

(b) Under the subheading “332 Checklist Questionnaire” delete the
text and add the following text in its place:

See
section 3.01 of Rev. Proc. 2013-3, 2013-1 I.R.B. 113, as
modified by Rev. Proc. 2013-32 in I.R.B. 2013-28, which states that the Service will not
issue a letter ruling on whether a corporate distribution qualifies for nonrecognition
treatment under section 332. However, the Service will issue a letter ruling addressing
significant issues (within the meaning of section 3.01 of Rev. Proc. 2013-3, as modified
by Rev. Proc. 2013-32) presented in a transaction described in section 332. The
information and representations described in Rev. Proc. 90-52, 1990-2 C.B. 626, should
be included in a letter ruling request only to the extent that they relate to the significant
issues with respect to which the letter ruling is requested. See
section 6.03(4), as
modified by Rev. Proc. 2013-32.

See
section 3.01 of Rev. Proc. 2013-3, 2013-1 I.R.B. 113, as
modified by Rev. Proc. 2013-32 in I.R.B. 2013-28, which states that the Service will not
issue a letter ruling on whether certain transfers to controlled corporations qualify for
nonrecognition treatment under section 351. However, the Service will issue a letter
ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc.
2013-3, as modified by Rev. Proc. 2013-32) presented in a transaction described in
section 351. The information and representations described in Rev. Proc. 83-59, 1983-2
C.B. 575, should be included in a letter ruling request only to the extent that they relate
to the significant issues with respect to which the letter ruling is requested. See
section
6.03(4), as modified by Rev. Proc. 2013-32.

(d) Under the subheading “355 Checklist Questionnaire” delete the
text and add the following text in its place:

See section 3.01 of Rev. Proc. 2013-3, 2013-1 I.R.B. 113, as
modified by Rev. Proc. 2013-32 in I.R.B. 2013-28, which states that the Service will not
issue a letter ruling on whether certain distributions of controlled corporation stock
qualify for nonrecognition treatment under section 355. However, the Service will issue
a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev.
Proc. 2013-3, as modified by Rev. Proc. 2013-32) presented in a transaction described
in section 355. The information and representations described in Rev. Proc. 96-30,
1996-1 C.B. 696, should be included in a letter ruling request only to the extent that they
relate to the significant issues with respect to which the letter ruling is requested. See

section 6.03(4), as modified by Rev. Proc. 2013-32.

(e) Under the subheading “368(a)(1)(E) Checklist Questionnaire”
delete the text and add the following text in its place:

See
section 3.01 of Rev. Proc. 2013-3, 2013-1 I.R.B. 113, as
modified by Rev. Proc. 2013-32 in I.R.B. 2013-28, which states that the Service will not
issue a letter ruling as to whether a transaction constitutes a reorganization, including a
recapitalization within the meaning of section 368(a)(1)(E) (or a transaction that qualifies
under section 1036). However, the Service will issue a letter ruling addressing
significant issues (within the meaning of section 3.01 of Rev. Proc. 2013-3, as modified
by Rev. Proc. 2013-32) presented in a transaction described in section 368(a)(1)(E) (or
in a transaction described in section 1036). The information and representations
described in Rev. Proc. 81-60, 1981-2 C.B. 680, should be included in a letter ruling
request only to the extent that they relate to the significant issues. See
section 6.03(4),
as modified by Rev. Proc. 2013-32.

.02 Rev. Proc. 2013-3 is modified and amplified as follows:

(1) Delete the text of section 3.01(41) and add the following text in its
place:
Sections 332, 351, 355, 368, and 1036.⎯Complete Liquidations of
Subsidiaries; Transfer to Corporation Controlled by Transferor; Distribution of Stock and
Securities of a Controlled Corporation; Reorganization; Stock for Stock of Same
Corporation.⎯Whether a transaction qualifies under section 332, 351, 355, or 1036 for
nonrecognition treatment or whether it constitutes a corporate reorganization within the
meaning of section 368, and whether various tax consequences (such as
nonrecognition and basis) result from the application of that section. The Service will
instead rule only on significant issues presented in a transaction described in
section 332, 351, 355, 368, or 1036. Additionally, the Service will rule on one or more
significant issues under the Code sections that address the tax consequences (such as
nonrecognition and basis) that result from the qualification of a transaction under
section 332, 351, 355, 368, or 1036. See
section 6.03 of Rev. Proc. 2013-1, 2013-1
I.R.B. 15, as modified by Rev. Proc. 2013-32 in I.R.B. 2013-28).

SIGNIFICANT ISSUE: A significant issue is an issue of law the resolution of
which is not essentially free from doubt and that is germane to determining the tax
consequences of the transaction. A change of circumstances arising after a transaction
ordinarily does not present a significant issue with respect to the transaction.
OBTAINING A LETTER RULING: To obtain a letter ruling on a significant issue
presented in a transaction, the taxpayer in its letter ruling request must comply with all
the requirements set forth in section 6.03 of Rev. Proc. 2013-1, as modified by Rev.
Proc. 2013-32, as well as Rev. Proc. 2013-1, in general.

(2) Delete the text of the second paragraph of section 4.02(2) and add the
following text in its place:

Notwithstanding the previous paragraph, in connection with transactions
described in section 332, 351, 355, or 1036 and reorganizations within the meaning of
section 368, the Associate Chief Counsel (Corporate) may issue a letter ruling on part of
an integrated transaction if and to the extent that the transaction presents a significant
issue (within the meaning of section 3.01(41), as modified by Rev. Proc. 2013-32 in
I.R.B. 2013-28). See
section 6.03 of Rev. Proc. 2013-1, 2013-1 I.R.B. 15, as modified
by Rev. Proc. 2013-32.

(3) Delete the text of section 4.02(9) and add the following text in its place:
A letter ruling will not be issued with respect to an issue that is clearly and
adequately addressed by statute, regulations, decision of a court, revenue rulings,
revenue procedures, notices, or other authority published in the Internal Revenue
Bulletin (Comfort Ruling). However, except with respect to issues under sections 332,
351, 355, 368, and 1036 and the tax consequences resulting from the application of
such Code sections (see
generally section 6.03 of Rev. Proc. 2013-1, 2013-1 I.R.B. 15,
as modified by Rev. Proc. 2013-32 in I.R.B. 2013-28), the Associate office may in its
discretion issue a Comfort Ruling if the Associate office is otherwise ruling on another
issue arising in the same transaction.

.03 Rev. Proc. 81-60, 1981-2 C.B. 680, Rev. Proc. 83-59, 1983-2 C.B. 575, Rev.
Proc. 86-42, 1986-2 C.B. 722, Rev. Proc. 90-52, 1990-2 C.B. 626, and Rev. Proc. 96-
30, 1996-1 C.B. 696, are modified as follows.

The inclusion of all the information and representations described in these
revenue procedures is not required in all requests for letter rulings under sections 332,
351, 355, and 368, as applicable. See
section 6.03 of Rev. Proc. 2013-1, 2013-1 I.R.B.
15, as modified by Rev. Proc. 2013-32 in I.R.B. 2013-28. Such information and
representations should be included in a letter ruling request with respect to one or more
significant issues under such Code sections only to the extent that they relate to the
significant issues.

.04 Rev. Proc. 2003-48, 2003-2 C.B. 86 is obsolete in part and superseded in
part as follows:

(1) Sections 4.01 (relating to the corporate business purpose
representation), 4.02 (relating to the device representation), 4.03 (relating to the section
355(e) representations), 4.04 (regarding the inclusion of regulatory filings with all letter
ruling requests under section 355), and 4.05 (relating to certain ruling requests for which
the Service previously declined to rule) are obsolete; and

(2) Section 4.06 (regarding supplemental rulings) is superseded.

SECTION 6. EFFECT ON OTHER DOCUMENTS

Rev. Proc. 2013-1, 2013-1 I.R.B. 1, and Rev. Proc. 2013-3, 2013-1 I.R.B. 113,
are amplified and modified. Rev. Proc. 81-60, 1981-2 C.B. 680, Rev. Proc. 83-59, 1983-
2 C.B. 575, Rev. Proc. 86-42, 1986-2 C.B. 722, Rev. Proc. 90-52, 1990-2 C.B. 626, and
Rev. Proc. 96-30, 1996-1 C.B. 696, are modified. Rev. Proc. 2003-48, 2003-2 C.B. 86,
is obsolete in part and superseded in part. The pilot program announced in Rev. Proc.
2009-25, 2009-24 I.R.B. 1088, for rulings on certain issues arising in the context of
section 355 distributions is discontinued.

SECTION 7. EFFECTIVE DATE

This revenue procedure applies to all ruling requests postmarked or, if not
mailed, received after August 23, 2013

SECTION 8. PAPERWORK REDUCTION ACT

The collections of information contained in this revenue procedure have been
reviewed and approved by the Office of Management and Budget (OMB) in accordance
with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545-1522.

An agency may not conduct or sponsor, and a person is not required to respond
to, a collection of information unless the collection of information displays a valid OMB
control number.

The collections of information in this revenue procedure are in section 5. This
information is required and will be used to determine whether a taxpayer would qualify
for a letter ruling on part of an integrated transaction. The collections of information are
required to obtain a benefit. The likely respondents are business or other for-profit
institutions.

The estimated total annual burden under Rev. Proc. 2013-1 is 305,540.

12
The estimated annual burden per respondent/recordkeeper varies from 1 to 200
hours, depending on individual circumstances, with an estimated average burden of 80
hours. The estimated number of respondents and/or recordkeepers is 3,825.

The estimated frequency of response is on occasion.

Books or records relating to a collection of information must be retained as long
as their contents may become material in the administration of any internal revenue law.
Generally, tax returns and tax return information are confidential, as required by
section 6103.

SECTION 9. DRAFTING INFORMATION
The principal author of this revenue procedure is Amie Colwell Breslow of the
Office of Associate Chief Counsel (Corporate). For further information regarding this
revenue procedure contact Amie Colwell Breslow on (202) 622-7530 (not a toll free
call).

Continue your research in ChatGPT or Claude