us-irs-revenue-rulings-irb-2012-48-pdf•Internal Revenue Bulletin 2012-48 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2012-48 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2012-48-pdfInternal Revenue Bulletin 2012-48 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 201 2-48 November 26, 201 2 HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX Rev. Rul. 2012–22, page 565. 2012 base period T-bill rate.The “base period T-bill rate” for the period ending September 30, 2012, is published, as required by section 995(f) of the Code. Notice 2012–68, page 574. This notice provides for the suspension of certain requirements under section 42 of the Code for low-income housing credit projects to provide emergency housing relief needed as a result of the devastation caused by Hurricane Sandy. Rev. Proc. 2012–38, page 575. General rules and specifications for substitute forms 1096, 1098, 1099, 5498, and certain other informa- tion returns.This procedure provides specifications for the private printing of red-ink substitutes for the 2012 revisions of certain information returns. This procedure will be reproduced as the next revision of Publication 1179. Rev. Proc. 2011–60 superseded. Announcement 2012–39, page 635. This document cancels a public hearing on proposed regula- tions (REG–136491–09, 2012–35 I.R.B. 321) under section 42 of the Code; relating to the utility allowance regulations. EMPLOYMENT TAX Rev. Proc. 2012–38, page 575. General rules and specifications for substitute forms 1096, 1098, 1099, 5498, and certain other informa- tion returns.This procedure provides specifications for the private printing of red-ink substitutes for the 2012 revisions of certain information returns. This procedure will be reproduced as the next revision of Publication 1179. Rev. Proc. 2011–60 superseded. Fi nding Lists begin on page ii. Index for July through November begins on page iv. The IRS Mission Provide Americ a’s taxpayers top-quality service by helping them understa nd and meet their tax responsibilities and en- force the law wi th integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly and may be obtained from the Superintendent of Documents on a subscription basis. Bulletin contents are compiled semiannually into Cumulative Bulletins, which are sold on a single-copy basis. It is the policy of the Service to publish in the Bulletin all sub- stantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, mod- ify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indi- cated. Procedures relating solely to matters of internal man- agement are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—19 86 Code. This part i ncludes rulings and decisions based on provisions of the Intern al Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Leg- islation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secre- tary (Enforcement). Part IV .—Items of General Interest. This par t includes notices of proposed rulemakings, disbar- ment an d suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The c ontents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. For sale by the Superintendent of Documents, U.S.Government Printing Office, Washington, DC 20402. November 26, 20122012–48 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 995.—Taxation of DISC Income to Shareholders 2012 base period T-bill rate.The “base period T-bill rate” for the period ending September 30, 2012, is published, as required by section 995(f) of the Code. Rev. Rul. 2012–22 Section 995(f)(1) of the Internal Rev- enue Code provides that a shareholder of a DISC shall pay interest each taxable year in an amount equal to the product of the shareholder’s DISC-related deferred tax li- ability for the year and the “base period T-bill rate.” Under section 995(f)(4), the base period T-bill rate is the annual rate of interest determined by the Secretary to be equivalent to the average of the 1-year constant maturity Treasury yields, as pub- lished by the Board of Governors of the Federal Reserve System, for the 1-year pe- riod ending on September 30 of the calen- dar year ending with (or of the most recent calendar year ending before) the close of the taxable year of the shareholder. The base period T-bill rate for the period end- ing September 30, 2012, is 0.16 percent. Pursuant to section 6222 of the Code, interest must be compounded daily. The table below provides factors for com- pounding the base period T-bill rate daily for any number of days in the share- holder’s taxable year (including a 52–53 week accounting period) for the 2012 base period T-bill rate. To compute the amount of the interest charge for the shareholder’s taxable year, multiply the amount of the shareholder’s DISC-related deferred tax liability (as defined in section 995(f)(2)) for that year by the base period T-bill rate factor corresponding to the number of days in the shareholder’s taxable year for which the interest charge is being com- puted. Generally, one would use the factor for 365 days. One would use a different factor only if the shareholder’s taxable year for which the interest charge being determined is a short taxable year, if the shareholder uses the 52–53 week taxable year, or if the shareholder’s taxable year is a leap year. For the base period T-bill rates for the periods ending in prior years, see Rev. Rul. 2011–30, 2011–2 C.B. 826; Rev. Rul. 2010–28, 2010–2 C.B. 804; Rev. Rul. 2009–36, 2009–2 C.B. 650; Rev. Rul. 2008–51, 2008–2 C.B. 1171; and Rev. Rul. 2007–64, 2007–2 C.B. 953. DRAFTING INFORMATION The principal author of this revenue ruling is Teresa Burridge Hughes of the Office of Associate Chief Counsel (International). For further information regarding this revenue ruling, contact Teresa B. Hughes at (202) 622–3850 (not a toll-free call). ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 1.000004372 2.000008743 3 .000013115 4.000017486 5.0000 21858 6.000026230 7.000030601 8.000 034973 9 .000039345 10.000043717 11.000048088 12 .00 0052460 13 .000056832 14.000061204 15.0 00065576 16.000069948 17.000074320 1 8 . 000078691 19.000083063 20 .000087435 21.000091807 22.000096179 23 .000100551 24.000104923 2012–48 I.R.B.565November 26, 2012 ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 25.000109295 26.000113667 27.000118039 28.000122412 29.000126784 30 .000131156 31 .000135528 32.000139900 33.000144272 34 .000148645 35.000153017 36 .000157389 37.000161761 38.000166134 39 .000170506 40.000174878 41 .000179251 42.000183623 43 .000187995 44.000192368 45 .000196740 46.000201113 47 .000205485 48 .000209858 49.000214230 50 .000218603 51.000222975 52 .000227348 53 .000231720 54 .000236093 55 .000240466 56 .000244838 57 .000249211 58.000253584 59.000257956 60.000262329 61.000266702 62.000271074 63 .000275447 64.000279820 65 .000284193 66 .000288566 67.000292938 68.000297311 69.000301684 70 .000306057 71.000310430 72.000314803 73.000319176 November 26, 20125662012–48 I.R.B. ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 74 .000323549 75 .000327922 76 .000332295 77.000336668 78.000341041 79 .000345414 80.000349787 81 .000354160 82 .000358533 83.000362907 84.000367280 85.000371653 86.000376026 87.000380399 88.000384773 89.000389146 90 .000393519 91.000397892 92.000402266 93.000406639 94.000411013 95.000415386 96 .000419759 97.000424133 98 .000428506 99.000432880 100 .000437253 101.000441627 102.000446000 103 .000450374 104 .000454747 105.000459121 106.000463494 107.000467868 108.000472242 109 .000476615 110.000480989 111 .000485363 112.000489736 113.000494110 114.000498484 115.000502858 116 .000507231 117 .000511605 118 .000515979 119 .000520353 120 .000524727 121 .000529101 122 .000533474 2012–48 I.R.B.567November 26, 2012 ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 123 .000537848 124 .000542222 125.000546596 126 .000550970 127 .000555344 128 .000559718 129 .000564092 130 .000568466 131 .000572840 132 .000577214 133 .000581589 134 .000585963 135.000590337 136 .000594711 137 .000599085 138 .000603459 139.000607834 140.000612208 141 .000616582 142 .000620956 143 .000625331 144 .000629705 145 .000634079 146 .000638454 147.000642828 148.000647202 149 .000651577 150.000655951 151 .000660326 152 .000664700 153.000669075 154 .000673449 155 .000677824 156 .000682198 157.000686573 158 .000690947 159.000695322 160.000699697 161.000704071 162.000708446 163.000712821 164 .000717195 165.000721570 166 .000725945 167.000730320 168.000734694 169.000739069 170.000743444 171.000747819 November 26, 20125682012–48 I.R.B. ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 172 .000752194 173 .000756569 174.000760943 175.000765318 176.000769693 177.000774068 178.000778443 179.000782818 180.000787193 181 .000791568 182 .000795943 183.000800318 184.000804693 185 .000809069 186.000813444 187.000817819 188.000822194 189 .000826569 190.000830944 191 .000835320 192 .000839695 193.000844070 194 .000848445 195.000852821 196 .000857196 197 .000861571 198 .000865947 199.000870322 200.000874697 201.000879073 202.000883448 203.000887824 204.000892199 205.000896575 206 .000900950 207 .000905326 208.000909701 209.000914077 210 .000918452 211.000922828 212.000927204 213 .000931579 214 .000935955 215 .000940330 216.000944706 217.000949082 218 .000953458 219 .000957833 220.000962209 2012–48 I.R.B.569November 26, 2012 ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 221 .000966585 222.000970961 223 .000975337 224.000979712 225 .000984088 226.000988464 227.000992840 228.000997216 229 .001001592 230 .001005968 231.001010344 232.001014720 233.001019096 234.001023472 235 .001027848 236.001032224 237.001036600 238.001040976 239 .001045352 240.001049729 241 .001054105 242 .001058481 243 .001062857 244.001067233 245 .001071610 246 .001075986 247.001080362 248.001084739 249 .001089115 250 .001093491 251 .001097868 252 .001102244 253 .001106620 254 .001110997 255.001115373 256.001119750 257 .001124126 258.001128503 259 .001132879 260 .001137256 261.001141632 262.001146009 263 .001150385 264 .001154762 265.001159139 266 .001163515 267.001167892 268.001172269 269 .001176645 270.001181022 November 26, 20125702012–48 I.R.B. ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 271 .001185399 272.001189776 273 .001194152 274 .001198529 275 .001202906 276.001207283 277.001211660 278.001216037 279.001220414 280.001224790 281.001229167 282 .001233544 283.001237921 284.001242298 285.001246675 286 .001251052 287 .001255429 288 .001259807 289.001264184 290 .001268561 291.001272938 292 .001277315 293.001281692 294.001286069 295 .001290447 296.001294824 297.001299201 298 .001303578 299 .001307956 300.001312333 301.001316710 302.001321088 303 .001325465 304.001329842 305 .001334220 306 .001338597 307 .001342975 308 .001347352 309 .001351729 310 .001356107 311.001360484 312.001364862 313.001369240 314.001373617 315.001377995 316.001382372 317 .001386750 318.001391128 319 .001395505 320.001399883 2012–48 I.R.B.571November 26, 2012 ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 321.001404261 322.001408638 323.001413016 324.001417394 325 .001421772 326.001426149 327 .001430527 328 .001434905 329.001439283 330.001443661 331.001448039 332 .001452417 333 .001456795 334.001461173 335.001465551 336.001469929 337.001474307 338 .001478685 339.001483063 340.001487441 341.001491819 342.001496197 343 .001500575 344 .001504953 345.001509331 346 .001513710 347 .001518088 348 .001522466 349 .001526844 350.001531222 351.001535601 352.001539979 353.001544357 354.001548736 355.001553114 356.001557492 357.001561871 358.001566249 359.001570628 360 .001575006 361 .001579385 362 .001583763 363 .001588142 364 .001592520 365.001596899 366.001601277 367 .001605656 368.001610034 369.001614413 370.001618792 November 26, 20125722012–48 I.R.B. ANNUAL RATE, COMPOUNDED DAILY DAYS 0.160 PERCENT FACTOR 371.001623170 2012–48 I.R.B.573November 26, 2012 Part III. Administrative, Procedural, and Miscellaneous Low-Income Housing Credit Disaster Relief for Hurricane Sandy Notice 2012–68 The Int ernal Revenue Service is sus- pendin g certain requirements under § 42 of the I nternal Revenue Code for low-in- come ho using credit projects to provide emerge ncy housing relief needed as a re- sult o f the devastation caused by Hurri- cane S andy and associated storms (here- after Hurricane Sandy). This relief is being grant ed pursuant to the Service’s authority unde r § 42(n) and § 1.42–13(a) of the In- come Tax Regulations. BACKGROUND The President issued major disaster declarations for several states because of the devastation caused by Hurricane Sandy. The President issued the declara- tions under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5121et seq. Subsequently, the Federal Emergency Management Agency (FEMA) designated jurisdictions in several states for Individual Assistance. Because of the widespread damage to housing caused by Hurricane Sandy, the Service has determined that state housing agencies (Agencies) may provide approval to project owners in their respective states to provide temporary emergency housing for displaced individuals in accordance with this notice. For purposes of this no- tice, the term “displaced individual” means an individual who resided in a jurisdiction designated for Individual Assistance and who has been displaced because his or her residence was destroyed or damaged as a result of the devastation caused by Hurricane Sandy. The Service has also determined that the projects to which this approval may be given may be located in any state, regardless of whether a major disaster declaration with Individual Assis- tance has been issued for that state. I. SUSPENSION OF INCOME LIMITATIONS The Service has determined that it is appropriate to temporarily suspend certain income limitation requirements under § 42 for certain qualified low-income housing projects. The suspension will apply to low-income housing projects which are approved by the Agency with jurisdiction over the project (theapplicable Agency) and in which vacant units are rented to displaced individuals. The applicable Agency will determine the appropriate pe- riod of temporary housing for each project, not to extend beyond November 30, 2013 (temporary housing period). II. STATUS OF UNITS A. Units in the first year of the credit period A displaced individual temporarily occupying a unit during the first year of the credit period under § 42(f)(1) will be deemed a qualified low-income tenant for purposes of determining the project’s qualified basis under § 42(c)(1), and for meeting the project’s 20–50 test or 40–60 test as elected by the project owner under § 42(g)(1). After the end of the temporary housing period established by the applica- ble Agency, a displaced individual will no longer be deemed a qualified low-income tenant. B. Vacant units after the first year of the credit period During the temporary housing period established by the applicable Agency, the status of a vacant unit (that is, mar- ket-rate or low-income for purposes of § 42 or never previously occupied) af- ter the first year of the credit period that becomes temporarily occupied by a dis- placed individual remains the same as the unit’s status before the displaced in- dividual moves in. Displaced individuals temporarily occupying vacant units will not be treated as low-income tenants un- der § 42(i)(3)(A)(ii). However, even if it houses a displaced individual, a low-in- come or market rate unit that was vacant before the effective date of this notice will continue to be treated as a vacant low-in- come or market rate unit. Similarly, a unit that was never previously occupied before the effective date of this notice will continue to be treated as a unit that has never been previously occupied even if it houses a displaced individual. Thus, the fact that a vacant unit becomes oc- cupied by a displaced individual will not affect the building’s applicable fraction under § 42(c)(1)(B) for purposes of de- termining the building’s qualified basis, nor will it affect the 20–50 test or 40–60 test of § 42(g)(1). If the income of oc- cupants in low-income units exceeds 140 percent of the applicable income limita- tion, the temporary occupancy of a unit by a displaced individual will not cause application of the available unit rule under § 42(g)(2)(D)(ii). In addition, the project owner is not required during the temporary housing period to make attempts to rent to low-income individuals the low-income units that house displaced individuals. III. SUSPENSION OF NON- TRANSIENT REQUIREMENTS The non-transient use requirement of § 42(i)(3)(B)(i) shall not apply to any unit providing temporary housing to a displaced individual during the temporary housing period determined by the applica- ble Agency. IV. OTHER REQUIREMENTS All other rules and requirements of §4 2 will continue to apply during the te mporary housing period established by th e applicable Agency. After the end of th e temporary housing period, the ap- pl icable income limitations contained in §4 2(g)(1), the available unit rule un- d er § 42(g)(2)(D)(ii), the nontransient r equirement of § 42(i)(3)(B)(i), and the r equirement to make reasonable attempts t o rent vacant units to low-income individ- u als shall resume. If a project owner offers to rent a unit to a displaced individual after the end of the temporary housing period, the displaced individual must be certified under the requirements of § 42(i)(3)(A)(ii) and § 1.42–5(b) and (c) to be a qualified low-income tenant. To qualify for the re- lief in this notice, the project owner must additionally meet all of the following re- quirements: (1) Major Disaster Area In the case of an individual displaced by the devastation caused by Hurricane November 26, 20125742012–48 I.R.B. Sandy, the displaced individual must have resided in a jurisdiction designated for In- dividual Assistance by FEMA as a result of the devastation caused by Hurricane Sandy. (2) Agency Approval The project owner must obtain approval from the applicable Agency for the relief described in this notice. The applicable Agency will determine the appropriate pe- riod of temporary housing for each project, not to extend beyond November 30, 2013. (3) Certificationsand Recordkeeping To comply with the requirements of § 1.42–5, project owners are required to maintain and certify certain information concerning each displaced individual tem- porarily housed in the project, specifically the following: name, address of damaged residence, social security number, and a statement signed under penalties of perjury by the displaced individual that, because of damage to the individual’s residence in a jurisdiction designated for Individual Assistance by FEMA as a result of the devastation caused by Hurricane Sandy, the individual requires temporary hous- ing. The owner must notify the applicable Agency that vacant units are available for rent to displaced individuals. The owner must also certify the date the displaced individual began temporary oc- cupancy and the date the project will dis- continue providing temporary housing as established by the applicable Agency. The certifications and recordkeeping for dis- placed individuals must be maintained as part of the annual compliance monitoring process with the Agency. (4) Rent Restrictions Rents for the low-income units that house displaced individuals must not ex- ceed the existing rent-restricted rates for the low-income units established under § 42(g)(2). (5) Protection of Existing Tenants Existing tenants inoccupied low-in- come units cannot be evicted or have their tenancy terminated as a result of efforts to provide temporary housing for displaced individuals. EFFECTIVE DATES This notice is effective October 22, 2012. PAPERWORK REDUCTION ACT The collection of information contained in this notice has been reviewed and ap- proved by the Office of Management and Budget in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1545–2237. A Federal agency may not conduct or sponsor, and a person is not required to re- spond to, a collection of information un- less the collection of information displays a valid OMB control number. The collection of information in this no- tice is in the section titled “OTHER RE- QUIREMENTS” under “(3) Certifications and Recordkeeping.” This information is requiredtoenabletheServicetoverify whether individuals are displaced as a re- sult of the devastation caused by Hurricane Sandy and thus warrant temporary housing in vacant low-income housing units. The collection of information is required to ob- tain a benefit. The likely respondents are individuals and businesses. The estimated total annual recordkeep- ing burden is 1750 hours. The estimated annual burden per recordkeeper is approximately 30 minutes. The estimated number of recordkeepers is 3500. Books or records relating to a collection of information must be retained as long as their contents may become material to the administration of the internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. DRAFTING INFORMATION The principal author of this notice is David Selig of the Office of Associate Chief Counsel (Passthroughs & Special Industries). For further information regarding this notice, contact Mr. Selig at (202) 622–3040 (not a toll-free call). Note.This revenue procedure will be reproduced as the next revision of IRS Publication 1179, General Rules and Specifications for Substitute Forms 1096, 1098, 1099, 5498, and Certain Other Information Returns. 26 CFR 601.602: Forms and instructions. (Also Part 1, Sections 220, 408, 408A, 529, 530(h), 853A, 1441, 6041, 6041A, 6042, 6043, 6044, 6045, 6047, 6049, 6050A, 6050B, 6050D, 6050E, 6050H, 6050J, 6050N, 6050P, 6050Q, 6050R, 6050S, 6050W, 1.408–5, 1.408–7, 1.408A–7, 1.1441–1 through 1.1441–5, 1.6041–1, 7.6041–1, 1.6042–2, 1.6042–4, 1.6044–2, 1.6044–5, 1.6045–1, 5f.6045–1, 1.6045–2, 1.6045–4, 1.6047–1, 1.6049–4, 1.6049–6, 1.6049–7, 1.6050A–1, 1.6050B–1, 1.6050D–1, 1.6050E–1, 1.6050H–1, 1.6050H–2, 1.6050J–1T, 1.6050N–1, 1.6050P–1, 1.6050W–1.) Rev. Proc. 2012–38 TABLE OF CONTENTS PART 1 — GENERAL INFORMATION SECTION 1.1 — OVERVIEW OF REVENUE PROCEDURE 2012–38/ WHAT’S NEW....................................... 576 SECTION 1.2 — DEFINITIONS..................................................................................... 579 SECTION 1.3 — GENERAL REQUIREMENTS FOR ACCEPTABLE SUBSTITUTE FORMS 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, AND 8935 ....................................................... 580 2012–48 I.R.B.575November 26, 2012 PART 2 — SPECIFICATIONS FOR SUBSTITUTE FORMS 1096 SECTION 2.1 — SPECIFICATIONS.................................................................................. 582 SECTION 2.2 — INSTRUCTIONS FOR PREPARINGPAPER FORMS THAT WILL BE FILED WITH THE IRS .................................................................................................. 586 PART 3 — Specifications for Substitute Form W-2G (Filed With the IRS) SECTION 3.1 — GENERAL......................................................................................... 587 SECTION 3.2 — SPECIFICATIONS FOR COPY A OF FORM W-2G..................................................... 587 PART 4 — Substitute Statements to FormRecipients and Form Recipient Copies SECTION 4.1 — SPECIFICATIONS.................................................................................. 588 SECTION 4.2 — COMPOSITE STATEMENTS........................................................................ 592 SECTION 4.3 — ADDITIONAL INFORMATION FOR SUBSTITUTE AND COMPOSITE FORMS 1099-B..................... 593 SECTION 4.4 — REQUIRED LEGENDS.............................................................................. 594 SECTION 4.5 — MISCELLANEOUS INSTRUCTIONS FOR COPIES B, C, D, 1, AND 2..................................... 595 SECTION 4.6 — ELECTRONIC DELIVERY OF RECIPIENT STATEMENTS............................................. 597 PART 5 — Additional Instructions for Substitute Forms 1098, 1097-BTC, 1099, 5498, W-2G, and 1042-S SECTION 5.1 — PAPER SUBSTITUTES FOR FORM 1042-S .......................................... .................. 598 SECTION 5.2 — OMB REQUIREMENTS FOR ALL FORMS IN THIS REVENUE PROCEDURE............................ 600 SECTION 5.3 — REPRODUCIBLE COPIES OF FORMS............................................................... 601 SECTION 5.4 — EFFECT ON OTHER REVENUE PROCEDURES....................................................... 601 PART 6 — EXHIBTS SECTION 6.1 — EXHIBITS OF FORMS IN THE REVENUE PROCEDURE............................................... 601 Part 1 General Information Section 1.1 — Overview of Revenue Procedure 2012–38/ What’s New 1.1.1 PurposeThe purpose of this revenue procedure is to set forth the 2012 requirements for: •Using official Internal Revenue Service (IRS) forms to file information returns with the IRS, •Preparing acceptable substitutes of the official IRS forms to file information returns with the IRS, and •Using official or acceptable substitute forms to furnish information to recipients. 1.1.2 Which Forms Are Covered? This revenue procedure contains specifications for these information returns: FormTitle 1096Annual Summary and Transmittal of U.S. Information Returns 1097-BTCBond Tax Credit November 26, 20125762012–48 I.R.B. FormTitle 1098Mortgage Interest Statement 1098-CContributions of Motor Vehicles, Boats, and Airplanes 1098-EStudent Loan Interest Statement 1098-MAMortgage Assistance Payments 1098-TTuition Statement 1099-AAcquisition or Abandonment of Secured Property 1099-BProceeds From Broker and Barter Exchange Transactions 1099-CCancellation of Debt 1099-CAPChanges in Corporate Control and Capital Structure 1099-DIVDividends and Distributions 1099-GCertain Government Payments 1099-HHealth Coverage Tax Credit (HCTC) Advance Payments 1099-INTInterest Income 1099-KMerchant Card and Third Party Network Payments 1099-LTCLong-Term Care and Accelerated Death Benefits 1099-MISCMiscellaneous Income 1099-OIDOriginal Issue Discount 1099-PATRTaxable Distributions Received From Cooperatives 1099-Q Payments From Qualified Education Programs (Under Sections 529 and 530) 1099-RDistributions From Pensions, Annuities, Retirement or Profit-Sharing Plans, IRAs, Insurance Contracts, etc. 1099-SProceeds From Real Estate Transactions 1099-SADistributions From an HSA, Archer MSA, or Medicare Advantage MSA 3921Exercise of an Incentive Stock Option Under Section 422(b) 3922Transfer of Stock Acquired Through An Employee Stock Purchase Plan Under Section 423(c) 5498 IRA Contribution Information 5498-ESA Coverdell ESA Contribution Information 5498-SA HSA, Archer MSA, or Medicare Advantage MSA Information W-2GCertain Gambling Winnings 1042-SForeign Person’s U.S. Source Income Subject to Withholding 8935 Airline Payments Report 1.1.3 Scope For purposes of this revenue procedure, a substitute form or statement is one that is not published by the IRS. For a substitute form or statement to be acceptable to the IRS, it must conform to the official form orthe specifications outlined in this revenue procedure. Do not submit any substitute forms or statements listed above to the IRSfor approval. Privately pub- lished forms may not state, “This is an IRS approved form.” Filers making payments to certain recipientsduring a calendar year are required by the In- ternal Revenue Code (the Code) to file information returns with the IRS for these payments. These filers must also provide this information to their recipients. In some cases, this also 2012–48 I.R.B.577November 26, 2012 applies to payments received. SeePart 4for specifications that apply to recipient statements (generally Copy B). In general, section 6011 of the Code contains requirements for filers of information returns. A filer must file information returns electronically or on paper. A filer who is required to file 250 or more information returns of any one typeduring a calendar year must file those returns electronically. Note.If you file electronically, do not file the same returns on paper. Although not required, small volume filers (fewer than 250 returns during a calendar year) may file the forms electronically. See the legal requirements for filing information returns (and providing a copy to a payee) in the 2012 General Instructions for Certain Information Returns and the 2012 Instructions for Form 1042-S. In addition, see the current revision of Publication 1220, Specifications for Filing Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G electronically through the IRS FIRE system. 1.1.4 For More Information The IRS prints and provides the forms on which various payments must be reported. Alter- natively, filers may prepare substitute copiesof these IRS forms and use such forms to report payments to the IRS. •For copies of the official forms and instructions, call the IRS Distribution Center toll-free number at 1–800–TAX–FORM (1–800–829–3676). •The Internal Revenue Service/Information Returns Branch (IRS/IRB) maintains a centralized customer service call site to answer questions related to information returns (Forms W-2, W-3, W-2c, W-3c, 1099 series,1096, etc.). You can reach the call site at 1–866–455–7438 (toll-free) or outside the U. S. 304–263–8700 (not a toll-free number). The Telecommunication Device for the Deaf (TDD) number is 304–579–4827 (not a toll-free number). The hours of operation are Monday through Friday from 8:30 a.m. to 4:30 p.m. Eastern time. You may also send questions to the call site via the Internet atmccirp@irs.gov. IRS/IRB does not process information returns which are filed on paper forms. See Publication 1220, Specifications for Filing Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, 8935, and W-2G Electronically, for information on waivers and extensions of time. •For other tax information related to business returns or accounts, call 1–800–829–4933. Persons with hearing or speech disabilities with access to TTY/TDD equipment can call 1–800–829–4059 to asktax account questions or to order forms and publications. Further information impacting Publication 1179,such as issues arising after its final release, will be posted on IRS.gov atwww.IRS.gov/pub1179. 1.1.5 What’s New The following changes have been madeto this year’s revenue procedure: •Truncating individual’s identification number on paper payee statements.Notice 2011–38 allows filers of Forms 1098, 1099, and 5498 to truncate an individual’s identifi- cation number (social security number (SSN),individual taxpayer identification number (ITIN), or adoption taxpayer identification number (ATIN)) on paper payee statements for tax year 2012. •Form 1097-BTC.We added boxes 1, 2, 3 and 5a through 5l to report the total amount of credits distributed, a unique identification number, bond type, a code to indicate the unique identification number type, and monthly allowable credits. Credits reporting to recipients is required on a quarterly basis, although reporting on a monthly basis, if or as needed, is recommended. •Form 1098. Mortgage Insurance Premiums.The title and dollar sign ($) have been re- moved from box 4 as mortgage insurance premiums are no longer deductible as interest on Schedule A (Form 1040) and do not need to be reported. The number 5 and the line be- tween boxes 4 and 5 has been removed, creating a larger box for use by issuers to provide other information to payers/borrowers. November 26, 20125782012–48 I.R.B. •Form 1098-C.Box 2 (Year, make, and model) is split into 3 boxes (2a Year, 2b Make, and 2c Model) to match MeF forms. •Form 1098-MA.New form 1098-MA, Mortgage Assistance Payments made from the Emergency Homeowners’ Loan Program, the HFA Hardest Hit Fund, or similar state programs. •Form 1099-B.New boxes have been added to Form 1099-B for reporting the stock or other symbol (box 1d), quantity sold (box 1e), noncovered securities (box 6a), and whether basis is being reported to the IRS (box 6b). Three new boxes for reporting state income tax have been added; box 13 (state), box 14 (state identification number), and box 15 (state income tax withheld). Other boxes on the form have been moved or renumbered. •Form 1099-C.The titles for boxes 1,2, and 6 on Form 1099-C have changed. Box 1 is now Date of Identifiable Event; box 2 is now Amount of Debt Discharged; and box 6 is now Identifiable Event Code, and requires the entry of a code for the identifiable event. •Form 1099-DIV.New boxes 10 and 11 have been added for exempt-interest dividends from a mutual fund or other regulated investment company (RIC) are now reported on Form 1099-DIV. They will no longer be reported on Form 1099-INT. Three new boxes for reporting state income tax withholdings have been added; box 12 (State), box 13 (State identification number), and box 14 (State income tax withheld). •Form 1099-INT.Exempt-Interest dividends from a mutual fund or other regulated invest- ment company (RIC) are no longer reported on Form 1099-INT. Those amounts will now be reported on Form 1099-DIV. Three new boxes for reporting state income tax withhold- ings have been added; box 11 (State), box 12(State identification number), and box 13 (State income tax withheld). •Form 1099-OID.Exempt-interest dividends from a mutual fund or other regulated invest- ment company (RIC) are now reported on Form 1099-DIV. Three new boxes for reporting state income tax withholdings have been added;box8(State),box9(State identification number), and box 10 (State income tax withheld). •Form 1099-K.The title of the form is now Payment Card and Third Party Network Trans- actions. The 2nd box on the left side of the form is being reconfigured into 2 boxes, each with 2 checkboxes. Box 3 is now active; allowing the number of purchase transactions reporting for tax year 2012 is optional. •Form 1042-S.Use the 2012 Form 1042-S only for income paid during 2012. Do not use the 2012 Form 1042-S for income paid during 2011. •Logos, slogans, and advertising.The rules relating to inclusion of logos; slogans; and ad- vertising on Form 1096, or Copy A of Forms 1097-BTC, 1098, 1099, 5498, W-2G, 1042-S, or any payee copies have been updated and clarified.See Section 1.3.2for updated and ad- ditional guidance. •Editorial Changes.We made editorial changes throughout , including updated references. Redundancies were eliminated as much as possible. Section 1.2 — Definitions 1.2.1 Form Recipient Form recipient means the person to whom you are required by law to furnish a copy of the official form or information statement. The form recipient may be referred to by different names on various Forms 1099 and related forms (“borrower,” “debtor,” “donor,” “employee,” “insured,” “participant,” “payer/borrower,” “policyholder,” “student,” “transferor,” or, in the case of Form W-2G, the “winner”).See Section 1.3.4. 2012–48 I.R.B.579November 26, 2012 1.2.2 Filer Filer means the person or organization required by law to file with the IRS a form listed inSection 1.1.2with the IRS. As outlined earlier, a filer may be a payer, creditor, recipient of mortgage or student loan interest payments, educational institution, broker, barter exchange, person reporting real estate transactions; trustee or issuer of any educational savings account, individual retirement arrangement or medical savings account; lender who acquires an interest in secured property or who has reason to know that the property has been abandoned, or certain donees of motor vehicles, boats, and airplanes. 1.2.3 Substitute Form Substitute form means a paper substitute of Copy A of an official form listed inSection 1.1.2that totally conforms to the provisions in this revenue procedure. 1.2.4 Substitute Form Recipient Statement Substitute form recipient statement means a paper statement of the information reported on a form listed inSection 1.1.2. This statement must be furnished to a person (form recipient), as defined under the applicable provisions of the Code and the applicable regulations. 1.2.5 CompositeSubstituteStatement Composite substitute statement means one in which two or more required statements (for example, Forms 1099-INT and 1099-DIV) are furnished to the recipient on one document. However, each statement must be designated separately and must contain all the requisite Form 1099 information except as provided underSection 4.2. A composite statement may not be filed with the IRS. Section 1.3 — General Requirements for Acceptable Substitute Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 1.3.1 IntroductionPaper substitutes for Form 1096 and Copy A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 that totally conform to the specifications listed in this revenue procedure may be privately printed and filed as returns with the IRS. The reference to the Department of the Treasury — Internal Revenue Service should be included on all such forms. If you are uncertain of any specification and want it clarified, you may submit a letter cit- ing the specification, stating your understanding and interpretation of the specification, and enclosing an example of the form (if appropriate) to: Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:T:M:S 1111 Constitution Avenue, NW Room 6526 Washington, DC 20224 Note.Allow at least 30 days for the IRS to respond. You may also contact the Substitute Forms Program via e-mail ats ubstituteforms@irs.gov. Please enter “Substitute Forms” on the Subject Line. Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 are subject to annual review and possible change. Therefore, filers are cautioned against overstocking supplies of privately printed substitutes. 1.3.2 Logos, Slogans, and Advertisements Some Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 that in- clude logos, slogans and advertisements maynot be recognized as important tax documents. A payee may not recognize the importance of the payee copy for tax reporting purposes due to the use of logos, slogans, and advertisements. Thus, the IRS has determined that logos, slogans and advertising will not be allowed on Forms 1096 or Copy A of Forms 1097-BTC, November 26, 20125802012–48 I.R.B. 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, 8935, or any payee copies, with the following exceptions: •The exact name of the payer, broker, or agent, primary trade name, trademark, service mark, or symbol of the payer, broker, or agent, an embossment or watermark on the infor- mation return and payee copies that is a representation of the name, a primary trade name, trademark, service mark, or symbolof the payer, broker, or agent, •Presented in any typeface, font, stylized fashion, or print color normally used by the payer, broker, or agent, and used in a non-intrusive manner, and •As long as these items do not materially interfere with the ability of the recipient to recog- nize, understand, and use the tax information on the payee copies. The IRS e-file logo on the IRS official payee copies may be included, but it is not required, on any of the substitute form copies. The information return and payee copies mustclearly identify the payer’s name associated with its employer identification number. Logos and slogans, may be used on permissible enclosures, such as a check or account statement, other than information returns and payee copies. As indicated inSections 1.3.1 and 5.1.3, of this revenue procedure, Forms 1096, 1097-BTC, 1098, 1099, 3921, 3922, 5498, W-2G, 1042-S, and 8935 are subject to annual review and possible change. If you have comments about the restrictions on including logos, slogans, and advertising on information returns and payee copies, send or email your comments to: Internal Revenue Service, Attn: Substitute Forms Program, SE:W:CAR:MP:T:M:S, 1111 Constitution Avenue, NW, Room 6526, Washington, DC 20224 ors ubstituteforms@irs.gov. 1.3.3 Copy A Specifications Proposed substitutes of Copy A must be exact replicas of the official IRS form with respect to layout and content. Proposed substitutes for Copy A that do not conform to the specifications in this revenue procedure are not acceptable. Further, if you file such forms with the IRS, you may be subject to a penalty for failure to file a correct information return under section 6721 of the Code. The amount of the penalty is based on when you file the correct information return. The penalty is: •$30 per information return if you correctly file within 30 days of the due date of the return; maximum penalty $250,000 per year ($75,000 for small businesses). •$60 per information return if you correctly file more than 30 days after the due date but by August 1; maximum penalty $500,000 per year ($200,000 for small businesses). •$100 per information return if you file after August 1 or you do not file required information returns; maximum penalty $1.5 million per year ($500,000 for small businesses). 1.3.4 Copy B and Copy C Specifications Copy B and Copy C of the following forms must contain the information inPart 4to be considered a “statement” or “official form” under the applicable provisions of the Code. The format of this information is at the discretion of the filer with the exception of the location of the tax year, form number, form name, and the information for composite Form 1099 statements as outlined underSection 4.2. Copy B, of the forms below, are for the following recipients. FormRecipient 1098For Payer/Borrower 1098-CFor Donor 1098-E; 1099-AFor Borrower 1098-MAFor Homeowner 1098-TFor Student 2012–48 I.R.B.581November 26, 2012 FormRecipient 1099-CFor Debtor 1099-CAPFor Shareholder 1099-KFor Payee 1099-LTCFor Policyholder 1099-R; W-2GIndicates that these forms may require Copy B to be attached to the federal income tax return. 1099-SFor Transferor All remaining Forms 1099; 1097-BTC; 1042-S; 8935 For Recipient 3921; 3922For Employee 5498; 5498-SA For Participant 5498-ESA For Beneficiary Copy C of the following forms are: FormRecipient 1097-BTC; 8935 For Payer 1098For Recipient/Lender 1098-CFor Donor’s Records 1098-E; 1042-SFor Recipient 1098-MA; 1098-T; 1099-KFor Filer 1099-CAP; 3921; 3922For Corporation 1099-LTCFor Insured 1099-RFor Recipient’s Records All other Forms 1099SeeSection 4.5.2 5498 For Trustee or Insurer 5498-ESA, 5498-SA For Trustee W-2GFor Winner’s Records Note.On Copy C, Form 1099-LTC, you may reverse the locations of the policyholder’s and the insured’s name, street address, city, state, and ZIP code for easier mailing. Part 2 Specifications for Substitute Forms 1096 and Copies A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, and 8935 (All Filed With the IRS) Section 2.1 — Specifications 2.1.1 General Requirements Form identifying numbers (for example, 9191 for Form 1099-DIV) must be printed in non- reflective black carbon-basedink in print positions 15 through 19 using an OCR A font. The check boxes to the right of the form identifying numbers must be 10-point boxes. The “VOID” checkbox is in print position 25 (1.9” from left vertical line of the form). The “CORRECTED” check box is in print position 33 (2.7” from left vertical line of the form). Measurements are from the left edge of the paper, not including the perforated strip. SeeExhibits G and Q. November 26, 20125822012–48 I.R.B. The substitute form Copy A must be an exact replica of the official IRS form with respect to layout and content. To determine the correct form measurements, seeExhibits A through FF at the end of this publication. Hot wax and cold carbon spots are not permitted on any of the internal form plies. These spots are permitted on the back of a mailer top envelope ply. Use of chemical transfer paper for Copy A is acceptable. The Government Printing Office (GPO) symbol must be deleted. 2.1.2 ColorandPaperQuality Color and paper quality for Copy A (cut sheets and continuous pinfeed forms) as specified by JCP Code 0-25, dated November 29, 1978,must be white 100% bleached chemical wood, optical character recognition (OCR) bond produced in accordance with the following specifi- cations. Note.Reclaimed fiber in any percentage is permitted provided the requirements of this stan- dard are met. Acidity: Ph value, average, not less than 4.5 Basis Weight: 17 x 22-500 cut sheets 18-20 Metric equivalent-g/m 2 75 A tolerance of ±5 pct. is allowed. Stiffness: Average, each direction, not less than-milligrams 50 Tearing strength: Average, each direction, not less than-grams40 Opacity: Average, not less than-percent82 Thickness: Average-inch0.0038 Metric equivalent-mm0.097 A tolerance of +0.0005 inch (0.0127 mm) is allowed. Paper cannot vary more than 0.0004 inch (0.0102 mm) from one edge to the other. Porosity: Average, not less than-seconds10 Finish (smoothness): Average, each side-seconds 20-55 For information only, the Sheffield equivalent-units170-100 Dirt: Average, each side, not to exceed-parts per million8 2.1.3 Chemical Transfer Paper Chemical transfer paper is permitted for Copy A only if the following standards are met: •Only chemically backed paper is acceptable forCopy A. Front and back chemically treated paper cannot be processed properly by machine. •Carbon-coated forms are not permitted. •Chemically transferred images must be black. All copies must be clearly legible. Fading must be minimized to assure legibility. 2.1.4 Printing All print on Copy A of Forms 1097-BTC, 1098, 1099, 3921, 3922, 5498, and the print on Form 1096 above the statement, “Return this entire page to the Internal Revenue Service. Photocopies are not acceptable.” must be in Flint J-6983 red OCR dropout ink or an exact match. However, the four-digit form identifying number must be in nonreflective carbon-based blackinkinOCRAfont. The shaded areas of any substitute form should generally correspond to the format of the official form. 2012–48 I.R.B.583November 26, 2012 The printing for the Form 1096 statement and the following text may be in any shade or tone of black ink. Black ink should only appear on the lower part of the reverse side of Form 1096, where it will not bleed through and interfere with scanning. Note.The instructions on the front and back of Form 1096, which include filing addresses, must be printed. Separation between fields must be 0.1 inch. Except for Forms 1097-BTC, 1099-R, and 1099-MISC, the numbered captions are printed as solid with no shaded background. Other printing requirements are discussed below. 2.1.5 OCR Specifications You must initiate or have a quality control program to assure OCR ink density. Readings will be made when printed on approved 20 lb. white OCR bond with a reflectance of not less than 80%. Black ink must not have a reflectance greater than 15%. These readings are based on requirements of the “Scan-Optics Series 9000” Optical Scanner using Flint J-6983 red OCR dropout ink or an exact match. The following testers and ranges are acceptable: Important information:The forms produced under these specifications must be guaran- teed to function properly when processed through High Speed Scan-Optics 9000 mm scanners. Forms require precision spacing, printing, and trimming. Density readings on the solid J-6983 (red) must be between the ranges of 0.95 to 0.90. The optimal scanning range is 0.93. Density readings on the solid black must be between the ranges of 112 to 108. The optimal scanning range is 110. Note.The readings are taken using an Ex-Rite 500 series densitometer, in Status T with Obso- lute or — paper setting under an Illuminate 5000 Calvin Watt Light. You must maintain print contrast specification of ink and densitometer reflectivity reading throughout entire production run. •MacBeth PCM-II.The tested Print Contrast Signal (PCS) values when using the MacBeth PCM-II tester on the “C” scale must range from .01 minimum to .06 maximum. •Kidder 082A.The tested PCS values when using the Kidder 082A tester on the Infra Red (IR) scale must range from .12 minimum to .21 maximum. White calibration disc must be 100%. Sensitivity must be set at one (1). •Alternative testers must be approved by theIRS to establish tested PCS values. You may obtain approval by writing to the following address: Commissioner of Internal Revenue Attn: SE:W:CAR:MP:P:B:T Business Publishing — Tax Products 1111 Constitution Avenue, NW Washington, DC 20224 2.1.6 Typography Type must be substantially identical in size and shape to the official form. All rules are either 1 /2-point or 3 /4-point. Rules must be identical tothose on the official IRS form. Note.The form identifying number must be nonreflective carbon-based black ink in OCR A font. 2.1.7 DimensionsGenerally, three copies A of Forms 1098, 1099, 3921, and 3922 are contained on a single page, 8 inches wide (without any snap-stubs and/or pinfeed holes) by 11 inches deep. November 26, 20125842012–48 I.R.B. Exceptions.Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 5498, and 1042-S contain two documents per page. Form 1098-C is a single page document. There is a .33 inch top margin from the top of the corrected box, and a .2 to .25 inch right margin, with a +/-120 (0.05) inch tolerance for the right margin. If the right and top margins are properly aligned, the left margin for all forms will be correct. All margins must be free of print. SeeExhibits A through FFin this publication for correct form measurements. These measurements are constant for certainForms 1098, 1099, and 5498. These measure- ments are shown only once in this publication, on Form 1098(Exhibit C). Exceptions to these measurements are shown on the rest of the exhibits. The depth of the individual trim size of eachform on a page must be 323 inches, the same depth as the official form. Exceptions.The depth of Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 5498, and 1042-S is 5 1 /2inches. 2.1.8 Perforation Copy A (three per page; two per page for Forms 1097-BTC, 1099-B, 1099-DIV, 1099-K, 1099-MISC, 1099-R, 3921, 3922, 5498, or 1042-S) of privately printed continuous substitute forms must be perforated at each 11′′page depth. No perforations are allowed between the 3 2 /3′′ forms or 5 1 /2′′forms on a single copy page of Copies A. The words “Do Not Cut or Separate Forms on This Page” must be printed in red dropout ink (as required by form specifications) between the three forms or two forms per page. Note.Perforations are recommended between all the other individual copies (Copies B and C, and Copies 1 and 2 of Forms 1099-R and 1099-MISC, and Copy D for Forms 1099-LTC and 1099-R) in the set. Any recipient copies printed on a single sheet of paper must be easily separated. The best method of separation is to provide perforations between the individual copies. Each copy should be easily distinguished whatever method of separation is used. See Section 4.6.1for information on electronically furnishing forms to recipients. 2.1.9 What To Include You must include the OMB Number on Copies A and Form 1096 in the same location as on the official form. The words “For Privacy Act and Paperwork Reduction Act Notice, see the current version of the General Instructions for Certain Information Returns” must be printed on Copy A; “For more information and the Privacy Act and Paperwork Reduction Act Notice, see the 2012 General Instructions for Certain Information Returns” must be printed on Form 1096. A postal indicia may be used if it meets the following criteria: •It is printed in the OCR ink color prescribed for the form, and •No part of the indicia is within one print position of the scannable area. The printer’s symbol (GPO) must not be printed on substitute Copy A. Instead, the employer identification number (EIN) of the form’s printer must be entered in the bottom margin on the face of each individual form of Copy A, or on the bottom margin on the back of each Form 1096. The Catalog Number (Cat. No.) shown on the forms is used for IRS distribution purposes and should not be printed on any substitute forms. The form must not contain the statement “IRS approved” or any similar statement. 2012–48 I.R.B.585November 26, 2012 Section 2.2 — Instructions for Preparing Paper Forms That Will Be Filed With the IRS 2.2.1 Recipient Information The form recipient’s name, streetaddress, city, state, ZIP code, and telephone number (if required) should be typed ormachine printed in black ink in the same format as shown on the official IRS form. The city, state, and ZIP code must be on the same line. The following rules apply to theform recipient’s name(s): •The name of the appropriate form recipient must be shown on the first or second name line in the area provided for the form recipient’s name. •No descriptive information or other namemay precede the form recipient’s name. •Only one form recipient’s name may appear on the first name line of the form. •If multiple recipients’ names are required on the form, enter on the first name line the re- cipient name that corresponds to the recipient taxpayer identification number (TIN) shown on the form. Place the other form recipients’ names on the second name line (only 2 name lines are allowable). Because certain states require that trust accounts be provided in a different format, filers generally should provide information returnsreflecting payments to trust accounts with the: •Trust’s employer identification number (EIN) in the recipient’s TIN area, •Trust’s name on the recipient’s first name line, and •Name of the trustee on the recipient’s second name line. Although handwritten forms will be accepted,the IRS prefers that filers type or machine print data entries. Also, filers should insertdata in the middle of blocks well separated from other printing and guidelines, and take measuresto guarantee clear, dark black, sharp images. Photocopies are not acceptable. 2.2.2 Account Number Box Use the account number box on all Forms 1098, 1099, 3921, 3922, 5498, and W-2G for an account number designation when required by the official IRS form. The account number is required if you have multiple accounts for a recipient for whom you are filing more than one information return of the same type. Additionally, the IRS encourages you to include the recipients’ account numbers on paper forms if your system of records uses the account number rather than the name or TIN for identification purposes. Also, the IRS will include the account number in future notices to you about backup withholding. If you are using window envelopes to mail statements to recipients and using reduced rate mail, be sure the account number does not appear in the window. The Postal Service may not accept these for reduced rate mail. Exception.Form 1098-T can have third-p arty provider information. 2.2.3 Specifications and Restrictions Machine-printed forms should be printed using a 6 lines/inch option, and should be printed in 10 pitch pica (10 print positions per inch) or12 pitch elite (12 print positions per inch). Proportional spaced fonts are unacceptable. Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single sheet before they are filed with the IRS. The size specified does not include pin feed holes. Pin feed holes must not be present on forms filed with the IRS. •Donotuse a felt tip marker. The machine used to “read” paper forms generally cannot read this ink type. •Donotuse dollar signs ($), ampersands (&), asterisks (*), commas (,), or other special characters in the numbered money boxes.Exception.Use decimal points to indicate dol- lars and cents (for example, 2000.00 is acceptable). •Donotuse apostrophes (’), asterisks (*), or other special characters on the payee name line. •Donotfold Forms 1098, 1099, 3921, 3922, or 5498 mailed to the IRS. Mail these forms flat in an appropriately sized envelope or box. Folded documents cannot be readily moved through the machine used in IRS processing. November 26, 20125862012–48 I.R.B. •Donotstaple Forms 1096 to the transmitted returns. Any staple holes near the return code number may impair the IRS’s ability to machine scan the type of documents. •Donottype other information on Copy A. •Donotcut or separate the individual forms on the sheet of forms of Copy A (except Forms W-2G). 2.2.4 Where To File Mail completed paper forms to the IRS service center shown in the Instructions for Form 1096 and in the 2012 General Instructions for Certain Information Returns. Specific informa- tion needed to complete the forms mentioned in this revenue procedure are given in the specific form instructions. A chart, showing which form must be filed to report a particular payment, is included in the 2012 General Instructions for Certain Information Returns. Part 3 Specifications for Substitute Form W-2G (Filed with the IRS) Section 3.1 — General 3.1.1 Purpose The following specifications give the format requirements for substitute Form W-2G (Copy A only), which is filed with the IRS. A filer may use a substitute Form W-2G to file with the IRS (referred to as “substitute Copy A”). The substitute form must be an exact replica of the official form with respect to layout and content. Section 3.2 — Specifications for Copy A of Form W-2G 3.2.1 Substitute Form W-2G (Copy A) You must follow these specifications when printing substitute Copy A of the Form W-2G. ItemSubstitute Form W-2G (Copy A) Paper Color and Quality Paper for Copy A must be white chemical wood bond, or equivalent, 20 pound (basis 17 x 22-500), plus or minus 5 percent. The paper must consist substantially of bleached chemical wood pulp. It must be free from unbleached or ground wood pulp or post-consumer recycled paper. It also must be suitably sized to accept ink without feathering. Ink Color and Quality All printing must be in a high quality non gloss black ink. TypographyThe type must be substantially identical in size and shape to the official form. All rules on the document are either 12 point (.007 inch), 1 point (0.015 inch), or 3 point (0.045). Vertical rules must be parallel to the left edge of the document, horizontal rules to the top edge. 2012–48 I.R.B.587November 26, 2012 ItemSubstitute Form W-2G (Copy A) DimensionsThe official form is 8 inches wide x 3 2 /3inches deep, exclusive of a snap stub. Any substitute Copy A can be between 8 inches and 8 1 /2inches wide by 3 2 /3inches deep. The snap feature is not required on substitutes. All margins must be free of print. There is a .33 inch top margin from the top of the corrected box, and a 1 /2 inch left margin. If the top and left margins are properly aligned, the right margin for all forms will be correct. If the substitute forms are in continuous or strip form, they must be burst and stripped to conform to the size specified for a single form. Hot Wax and Cold Carbon Spots Hot wax and cold carbon spots are not permitted on any of the internal form plies. These spots are permitted on the back of a mailer top envelope ply. Printer’s SymbolThe Government Printing Office (GPO) symbol must not be printed on substitute Forms W-2G. Instead, the employer identification number (EIN) of the forms printer must be printed in the bottom margin on the face of each individual Copy A on a sheet. The form must not contain the statement “IRS approved” or any similar statement. Catalog NumberThe Catalog Number (Cat. No.) shown on Form W-2G is used for IRS distribution purposes and should not be printed on any substitute forms. Part 4 Substitute Statements to Form Recipients and Form Recipient Copies Section 4.1 — Specifications 4.1.1 Introduction If you do not use the official IRS form to furnishstatements to recipients, you must furnish an acceptable substitute statement. Information presented in substitute statements should be in a point size large enough to be easily read byrecipients. To be acceptable, your substitute statement must comply with the rules in this Part. If you are furnishing a substitute form, see Regulations sections 1.6042-4, 1.6044-5, 1.6049-6, and 1.6050N-1 to determine how the fol- lowing statements must be provided to recipients for most Forms 1099-DIV and 1099-INT, all Forms 1099-OID and 1099-PATR, and Form 1099-MISC or 1099-S for royalties. Generally, information returns may be furnished electronically with the consent of the recipient.See Sec- tion 4.6.1. Note.A trustee of a grantor-type trust may choose to file Forms 1099 and furnish a statement to the grantor under Regulations sections 1.671–4(b)(2)(iii) and (b)(3)(ii). The statement required by those regulations is not subject to the requirements outlined in this section. November 26, 20125882012–48 I.R.B. 4.1.2 Substitute Statements to Recipients for Certain Forms 1099-B, 1099-INT, and 1099-DIV, and for Forms 1099-OID and 1099-PATR The rules in this section apply to Form 1099-B, 1099-INT (except for interest reportable un- der section 6041), 1099-DIV (except for section 404(k) dividends), 1099-OID, and 1099-PATR only. You may furnish form recipients with Copy B of the official Form 1099 or a substitute Form 1099 (form recipient statement) if it contains the same information as the official IRS form (such as aggregate amounts paid to the formrecipient, any backupwithholding, the name, address, and TIN of the person making the return, and any other information required by the official form). Information not required by the official form should not be included on the sub- stitute form except for state income tax withholding information. Note.Many of the information returns now include boxes for providing state withholding information as part of the official form. Payers may, however, provide the state withholding information separately (such as on a separate page or section) in order to assist the payee with completing a state income tax return that requires the attachment of any informationreturnthat includes state withholding amounts and payer numbers. Exception for supplementary information.The substitute form may include supplemen- tary information that will assist the payee withcompleting his or her tax return. Such informa- tion could include expense and cost basis factors related to the reporting for widely held fixed investment trusts (WHFITs), as required under Regulation section 1.671-5. It can also include information related to the purchases of debtinstruments, such as bond premium, market dis- count or acquisition premium. The substitute statement should discloseto the payee that such supplementary information is not furnished to the IRS.See Section 4.3for additional require- ments when providing supplemental information with the Form 1099-B that is not furnished to the IRS. Form 1099-B.Brokers that use substitute statementsshould segregate dispositions of non- covered securities from covered securities, and further segregate long-term and short-term dis- positions of covered securities (for 2011 these segregations were not required; they are required for 2012 dispositions). They may also segregate long-term from short-term dispositions of noncovered securities, to the extent that dateacquired is known. For 2012 dispositions and 2012 dispositions for which aggregation is done, the substitute Forms 1099-B may have up to five separate sections, each with a heading identifying which securities are included in the list, and each separately totaled. Each section, after totaling or within theheading for the section, should indicate how to report the transactions on Form 8949, as indicated. (1) Short-term transactions for which basis is reported to the IRS — Report on Form 8949, Part I,withBox Achecked. (2) Short-term transactions for which basisis notreported to the IRS — Report on Form 8949,Part I, withBox Bchecked. (3) Long-term transactions for which basis is reported to the IRS — Report on Form 8949, Part II, withBox Achecked. (4) Long-term transactions for which basis is not reported to the IRS — Report on Form 8949,Part II,withBox Bchecked. (5) Transactions for which basisis notreported to the IRS and for which short-term or long-term determination is unknown (to Broker)—You must determine short-term or long-term based on your records and report on Form 8949, Part I, withBox Bchecked, or on Form 8949, Part II, withBox Bchecked, as appropriate. For each section, each tra nsaction may include information not reported to the IRS, such as basis, date acquired, and gain or loss. Therefore, for short-term dispositions where basis was notreportedtotheIRS,ba sis and date acquired may be shown just as it would be shown for short-term dispositions where basis was reported to the IRS. For 2012 dispositions, each of the applicable sections must have Sales Price and Cost or Other Basis (if known) separately totaled. Netgain or loss, if included for any of the sections, may also be totaled. 2012–48 I.R.B.589November 26, 2012 The substitute form requirements in the following paragraphs also apply to Form 1099-B. Form 1099-INT, DIV, OID, and PATR.A substitute form recipient statement for Forms 1099-INT, 1099-DIV, 1099-OID, or 1099-PATR must comply with the following requirements: (1) Box captions and numbers that are applicable must be clearly identified, using the same wording and numbering as on the official form. (2) The form recipient statement (Copy B) must contain all applicable form recipient in- structions provided on the front and back of the official IRS form. You may provide those instructions on a separate sheet of paper. (3) The form recipient statement must contain the following in bold and conspicuous type: This is important tax information and is being furnished to the Internal Revenue Service (except as indicated). If you are required tofile a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported. (4) The box caption“Federal income tax withheld”must be in boldface type or otherwise highlighted on the form recipient statement. (5) The form recipient statement must contain the Office of Management and Budget (OMB) number as shown on the official IRS form. SeePart 5. (6) The form recipient statement must contain the tax year (for example, 2012), form num- ber (for example, Form 1099-INT), and form name (for example, Interest Income) of the offi- cial IRS Form 1099. This information must be displayed prominently together in one area of the statement. For example, the tax year, form number, and form name could be shown in the upper right part of the statement. Each copy must be appropriately labeled (such as Copy B, For Recipient). SeeSection 4.5for applicable labels and arrangement of assembly of forms. Note.Do not include the words “Substitute for” or “In lieu of” on the form recipient statement. (7) Layout and format of the form is at the discretion of the filer. However, the IRS en- courages the use of boxes so that the statement has the appearance of a form and can be easily distinguished from other non-tax statements. (8) Each recipient statement of Forms 1099-DIV, 1099-INT, 1099-OID, and 1099-PATR must include the direct access telephone number of an individual who can answer questions about the statement. Include that telephone number conspicuously anywhere on the recipient statement. (9) A mutual fund family may state separately on one document (for example, one piece of paper) the dividend income earned by a recipient from each fund within the family of funds as required by Form 1099-DIV. However, each fund and its earnings must be stated separately. The form must contain an instruction to the recipient that eachfund’s dividends and name, not the name of the mutual fund family, must be reported on the recipients tax return. The form cannot contain an aggregate total of all funds. In addition, a mutual fund family may furnish a single statement (as a single filer) for Forms 1099-INT, 1099-DIV, and1099-OID information. Each fund and its earnings must be stated separately. The form must contain an instruction to the recipient that each fund’s earnings and name, not the name of the mutual fund family, must be reported on the recipients tax return. The form cannot contain an aggregate total of all funds. You may enter a total of the individual accounts listed on the form only if they have been paid by the same payer. For example, if you are listing interest paid on several accounts by one financial institution on Form 1099-INT, you may also enter the total interest amount. You may also enter a date next to the corrected box if that box is checked. November 26, 20125902012–48 I.R.B. 4.1.3 Substitute Statements to Recipients for Certain Forms 1098, 1099, 5498, and W-2G Statements to form recipients for Forms1097-BTC, 1098, 1098-C, 1098-E, 1098- MA,1098-T, 1099-A, 1099-C, 1099-CAP, 1099-G, 1099-H, 1099-K, 1099-LTC, 1099-MISC, 1099-Q, 1099-R, 1099-S, 1099-SA, 3921, 3922, 5498, 5498-ESA, 5498-SA, 8935, W-2G, 1099-DIV (only for section 404(k) dividends reportable under section 6047), and 1099-INT (only for interest of $600 or more made in the course of a trade or business reportable under section 6041) can be copies of the official forms or an acceptable substitute. Caution.The IRS does not require a donee to use Form 1098-C as the written acknowledgment for contributions of motor vehicles, boats, and airplanes. However, if you choose to use copies of Form 1098-C or an acceptable substitute as the written acknowledgment, then you must follow the requirements of thisSection 4.1.3. To be acceptable, a substitute form recipient statement must meet the following require- ments. (1) The tax year, form number, and form name must be the same as the official form and must be displayed prominently together in onearea on the statement. For example, they may be shown in the upper right part of the statement. (2) The statement must contain the same information as the official IRS form, such as ag- gregate amounts paid to the form recipient, any backup withholding, the name, address, and TIN of the filer and of the recipient, and any other information required by the official form. (3) Each substitute recipient statementfor Forms W-2G, 1097-BTC, 1098, 1098-C, 1098-E, 1098-T, 1099-A, 1099-C, 1099-CAP, 1099-DIV, 1099-G (excluding state and local income tax refunds), 1099-H, 1099-K, 1099-INT,1099-LTC, 1099-MISC (excluding fishing boat proceeds), 1099-Q, 1099-S, and 8935 must include the direct access telephone number of an individual who can answer questions about the statement. Include the telephone number conspicuously anywhere on the recipient statement. Although not required, payers reporting on Forms 1099-R, 1099-SA, 3921, 3922, 5498,5498-ESA, and 5498-SA are encouraged to furnish telephone numbers at which recipients of the forms(s) can reach a person familiar with information reported. (4) All applicable money amounts and information, including box numbers, required to be reported to the form recipient must be titled on the form recipient statement in substantially the same manner as those on the official IRS form. The box caption“Federal income tax withheld”must be in boldface type on the form recipient statement. Exception.If you are reporting a payment as “Other income” in box 3 of Form 1099-MISC, you may substitute appropriate language for the box title. For example, for payments of ac- crued wages and leave to a beneficiary of a deceased employee, you might change the title of box 3 to “Beneficiary payments” or something similar.Note.You cannot make this change on Copy A. Note.If federal income tax is withheld and shown on Form 1099-R or W-2G, Copy B and Copy C must be furnished to the recipient. If federal income tax is not withheld, only Copy C of Form 1099-R and W-2G must be furnished. However, for Form 1099-R, instructions similar to those on the back of the official Copy B and Copy C of Form 1099-R must be furnished to the recipient. For convenience, you may choose toprovide both Copies B and C of Form 1099-R to the recipient. (5) You must provide appropriate instructionsto the form recipient similar to those on the official IRS form, to aid in the proper reportingon the form recipients income tax return. For payments reported on Forms 1099-B, and 1099-CAP, the requirement to include instructions substantially similar to those on the official IRSform may be satisfied by providing form recip- ients with a single set of instructions for all Forms 1099-B and 1099-CAP statements required to be furnished in a calendar year. (6) If you use carbonless sets to produce recipient statements, thequality of each copy in the set must meet the following standards: •All copies must be clearly legible, •All copies must be able to be photocopied, and •Fading must not diminish legibility and the ability to photocopy. 2012–48 I.R.B.591November 26, 2012 In general, black chemical transfer inks are preferred, but other colors are permitted if the above standards are met. Hot wax and cold carbon spotsare not permitted on any of the internal form plies. The back of a mailer top envelope ply may contain these spots. (7) You may use a Settlement Statement (under the Real Estate Settlement Procedures Act of 1974 (RESPA)) for Form 1099-S. The Settlement Statement is acceptable as the written statement to the transferor if you include the legend for Form 1099-S found inSection 4.4.2 and indicate which information on the Settlement Statement is being reported to the IRS on Form 1099-S. (8) For reporting state income tax withholding and state payments, you may add an addi- tional box(es) to recipient copies as appropriate. In addition, the state withholding information may be provided separate and apart from the other information in the event the recipient must attach a copy to the recipient’s tax return.Note.You cannot make this change on Copy A. (9) On Copy C of Form 1099-LTC, you may reverse the location of the policyholder’s and the insured’s name, street address, city, state, and ZIP code for easier mailing. (10) If an institution insurer uses a third party service provider to file Form 1098-T, then in addition to the institution or insurers name, address, and telephone number, the same informa- tion may be included for the third party service provider in the space provided on the form. (11) Forms 1099-A and 1099-C transactions, if related, may be combined on Form 1099-C. Section 4.2 — Composite Statements 4.2.1 Composite Substitute Statements for Certain Forms 1099-B, 1099-INT, 1099-DIV, 1099-MISC, and 1099-S, and for Forms 1099-OID and 1099-PATR A composite form recipient statement is permitted for reportable payments of interest, div- idends, original issue discount, patronage dividends, and royalties. The following forms may be included on a composite substitute statement, when one payer is reporting more than one of these payments during a calendar year to the same form recipient. •Form 1099-INT (except for interest reportable under section 6041). •Form 1099-DIV (except for section 404(k) dividends). •Form 1099-MISC (only for royalties or substitute payments in lieu of dividends and inter- est). •Form 1099-S (only for royalties). •Form 1099-OID. •Form 1099-PATR. •Form 1099-B. Generally, do not include any other Form 1099 information (for example, 1098 or 1099-A) on a composite statement with the information required on the forms listed in the preceding sentence. Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the following requirements in addition to the requirements listed earlier inSection 4.1.2, 4.3 and 4.4, as applicable. •All information pertaining to a particular type of payment must be located and blocked together on the form and separate from any information covering other types of payments included on the form. For example, if you are reporting interest and dividends, the Form 1099-INT information must be presented separately from the Form 1099-DIV information. •The composite form recipient statement must prominently display the form number and form name of the official IRS form together inone area at the beginning of each appropriate block of information. The tax year must only be placed on each block of information if it is not prominently displayed elsewhere on the page on which the information appears. •Any information required by the official IRS forms that would otherwise be repeated in each information block is required to be listed only once in the first information block on the composite form. For example, there is no requirement to report the name of the filer in each information block. This rule does notapply to any money amounts (for example, federal income tax withheld) or to any other information that applies to money amounts. November 26, 20125922012–48 I.R.B. •A composite statement is an acceptable substitute only if the type of payment and the recip- ient’s tax obligation with respect to the payment are as clear as if each required statement were furnished separately on an official form. A composite form recipient statement for the forms specified inSection 4.1.3is permitted when one filer is reporting more than one type of payment during a calendar year to the same form recipient. A composite statement is not allowed for a combination of forms listed in Section 4.1.3and forms listed inSection 4.1.2. Exceptions: •Substitute payments in lieu of dividends or interest reported in Box 8 of Form 1099-MISC may be reported on a composite substitute statement with Form 1099-DIV. •Form 1099-B information may be reported on a composite form with the forms specified inSection 4.1.2as described inSection 4.2.1. •Royalties reported on Form 1099-MISC or 1099-S may be reported on a composite form only with the forms specified inSection 4.1.2. Although the composite form recipient statement may be on one sheet, the format of the composite form recipient statement must satisfy the requirements listed inSection 4.2.1as well as the requirements inSection 4.1.3. A composite statement of Forms 1098 and 1099-INT (for interest reportable under section 6049) is not allowed. Section 4.3 — Additional Information for Substitute and Composite Forms 1099-B 4.3.1 Design Layout for Presenting Additional 1099-B Information A filer may include Form 1099-B information on a composite form with the forms listed in Section 4.1.2. Therefore supporting, explanatory, or comparable relevant information for cov- ered and noncovered lots on the 1099-B portion of the composite statement can be included. This information includes display on the payee statement of data elements such as basis for noncovered lots, explanatory remarks on permissible basis adjustments for covered lots de- scriptions of the type of transaction (merger, buyto close, redemption, etc.), identification of contingent payment debt obligations, and lot relief methods. If you wish to provide additional information to the investor on the same substitute recipient Form 1099-B, the form must follow the rules set forth in thisSection 4.3and should clearly delineate how the information is presented. Any information presented should make reference to its corresponding number on the official form as appropriate. You should clearly categorize each type of information you are reporting. 4.3.2 Added Legend for Providing Additional 1099-B Information An additional separate legend is required that explains exactly which pieces of information are and which are not reported to the IRS to the extent, if any, the information is not already identified as not being reported to the IRS as described inSection 4.1.2. It should clearly ex- plain how the information is presented. You maypresent this legend in away that is consistent with your design as long as it clearly indicates which information is being provided to the IRS. Additionally, a reminder to taxpayers that they are ultimately responsible for the accuracy of their tax returns is also required. 2012–48 I.R.B.593November 26, 2012 Section 4.4 — Required Legends 4.4.1 Required Legends for Forms 1098 Form 1098 recipient statements (Copy B)must contain the following legends: •Form 1098— (1) “The information in boxes 1, 2, and 3 is important tax information and is being fur- nished to the Internal Revenue Service. If you arerequired to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for this mortgage interest or for these points or be- cause you did not report this refund of interest on your return.” (2)Caution.“The amount shown may not be fully deductible by you. Limits based on the loan amount and the cost and value of the secured property may apply. Also, you may only deduct interest to the extent it was incurred by you, actually paid by you, and not reimbursed by another person.” •Form 1098-C:Copy B — “In order to take a deduction of more than $500 for this contribu- tion, you must attach this copy to your federal tax return.”Unless box 5a or 5b is checked, your deduction cannot exceed the amount in box 4c.Copy C — “This information is being furnished to the Internal Revenue Service unless box 7 is checked.” •Form 1098-E — “This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if the IRS determines that an underpayment of tax results because you overstated a deduction for student loan interest.” •Form 1098-MA — “This is important tax information and is being furnished to the Internal Revenue Service.” •Form 1098-T — “This is important tax information and is being furnished to the Internal Revenue Service.” 4.4.2 Required Legends for Forms 1099 and W-2G •Forms 1099-A, 1099-C, and 1099-CAP:Copy B — “This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if taxable income results from this transaction and the IRS determines that it has not been reported.” •Forms 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-K, 1099-MISC, 1099-OID, 1099-PATR, and 1099-Q:Copy B — “This is important tax information and is being furnished to the Internal Revenue Service. Ifyou are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported.” •Form 1099-H:Copy B — “This is important tax information and is being furnished to the Internal Revenue Service.” •Form 1099-LTC:Copy B — “This is importanttax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be reported and the IRS determines that it has not been reported.”Copy C — “Copy C is provided to you for information only. Only the policyholder is required to report this information on a tax return.” •Form 1099-R:Copy B — “Report this income on your federal tax return. If this form shows federal income tax withheld in box 4, attach this copy to your return.”Copy C — “This information is being furnished to the Internal Revenue Service.” •Form 1099-S:Copy B — “This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be reported and the IRS deter- mines that it has not been reported.” •Form 1099-SA:Copy B — “This information is being furnished to the Internal Revenue Service.” •Form W-2G: Copy B — “This information is being furnished to the Internal Revenue Ser- vice. Report this income on your federal tax return. If this form shows federal income tax withheld in box 2, attach this copy to your return.”Copy C — “This is important tax November 26, 20125942012–48 I.R.B. information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this income is taxable and the IRS determines that it has not been reported.” 4.4.3 Required Legends for Forms 1097-BTC, 3921, 3922, 5498, and 8935 Recipient statements for these formsmust contain the following legends: •Form 1097-BTC — “This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if an amount of tax credit exceeding the amount reported on this form is claimed on your income tax return.” •Form 3921: Copy B — “This is important tax information and is being furnished to the Internal Revenue Service. If you are required to file a return, a negligence penalty or other sanction may be imposed on you if this item is required to be reported and the IRS de- termines that it has not been reported.” Copy C— “This copy should be retained by the corporation whose stock has been transferred under Section 422(b).” •Form 3922: Copy B — “This is important tax information and is being furnished to the Internal Revenue Service.” Copy C— “This copy should be retained by the corporation.” •Form 5498 — “This information is being provided to the Internal Revenue Service.”Note. If you do not provide another statement to the participant because no contributions were made for the year, the statement of the fair market value and any required minimum distri- bution, of the account must contain this legend and a designation of which information is being provided to the IRS. •Form 5498-ESA — “The information in boxes 1 and 2 is being furnished to the Internal Revenue Service.” •Form 5498-SA — “The information in boxes 1 through 6 is being furnished to the Internal Revenue Service.” •Form 8935 — “This is important tax information and is being furnished to the Internal Revenue Service.” Section 4.5 — Miscellaneous Instructions for Copies B, C, D, 1, and 2 4.5.1 Copies Copies B, C, and in some cases, D, 1, and 2 are included in the official assembly for the convenience of the filer. You are not legally required to include all these copies with the pri- vately printed substitute forms. Furnishing Copies B and, in some cases, C will satisfy the legal requirement to provide statements of information to form recipients. Note.If an amount of federal income tax withheld is shown on Form 1099-R or W-2G, Copy B (to be attached to the tax return) and CopyC must be furnished to the recipient. Copy D (Forms 1099-R and W-2G) may be used for Payer records. Only Copy A should be filed with the IRS. 4.5.2 Arrangement of Assembly Copy A (“For Internal Revenue Service Center”) of all forms must be on top. The rest of the assembly must be arranged, from top to bottom, as follows. For: FormRecipient 1098Copy B “For Payer/Borrower”; Copy C “For Recipient/Lender.” 1098-CCopy B “For Donor”; Copy C “For Donor’s Records”; Copy D “For Donee.” 1098-ECopy B “For Borrower”; Copy C “For Recipient.” 1098-MACopy B “For Homeowner”; Copy C “For Filer.” 1098-TCopy B “For Student”; Copy C “For Filer.” 2012–48 I.R.B.595November 26, 2012 FormRecipient 1099-ACopy B “For Borrower”; Copy C “For Lender.” 1097-BTC, 1099-B, 1099-DIV, 1099-G, 1099-INT, 1099-OID, 1099-PATR, 1099-Q, and 8935 Copy B “For Recipient”; Copy C “For Payer.” 1099-CCopy B “For Debtor”; Copy C “For Creditor.” 1099-CAPCopy B “For Shareholder”; Copy C “For Corporation.” 1099-HCopy B “For Recipient”; Copy 1 “For Recipient (Issued by the HCTC Program)”; Copy C “For Payer.” 1099-KCopy B “For Payee”; Copy C “For Filer.” 1099-LTCCopy B “For Policyholder”; Copy C “For Insured”; and Copy D “For Payer.” 1099-MISCCopy 1 “For State Tax Department”; Copy B “For Recipient”; Copy 2 “To be filed with recipient’s state income tax return, when required”; and Copy C “For Payer.” 1099-RCopy 1 “For State, City, or Local Tax Department”; Copy B “Report this income on your federal tax return. If this form shows federal income tax withheld in box 4, attach this copy to your return”; Copy C “For Recipient’s Records”; Copy 2 “File this copy with your state, city, or local income tax return, when required”; Copy D “For Payer.” 1099-SCopy B “For Transferor”; Copy C “For Filer.” 1099-SACopy B “For Recipient”; Copy C “For Trustee/Payer.” 3921Copy B “For Employee”; Copy C “For Corporation”; Copy D “For Transferor.” 3922Copy B “For Employee”; Copy C “For Corporation.” 5498 Copy B “For Participant”; Copy C “For Trustee or Issuer.” 5498-ESA Copy B “For Beneficiary”; Copy C “For Trustee.” 5498-SA Copy B “For Participant”; Copy C “For Trustee.” W-2GCopy 1 “For State Tax Department”; Copy B “Report this income on your federal tax return. If this form shows federal income tax withheld in box 2, attach this copy to your return”; Copy C “For Winner’s Records”; Copy 2 “Attach this copy to your state income tax return, if required”; Copy D “For Payer.” 4.5.3 Perforations Perforations are recommended between forms on all copies except Copy A to make sep- arating the forms easier. Recipient copies, including those that are printed on a single sheet of paper, must be easily separated. The best method of separation is to provide perforations between the individual copies. Each copy should be easily distinguished whatever method of separation is used. Perforations or other means of separation arerequired between forms on all copies except Copy A to make separating the forms easier.Exception:Copy A of Form W-2G may be perforated. November 26, 20125962012–48 I.R.B. Note.Perforation does not apply to printouts ofcopies that are furnished electronically to recipients (as described in Regulations section 31.6051–1(j)). However, these recipients should be cautioned to carefully separate any copies.See Section 4.6. Section 4.6 — Electronic Delivery of Recipient Statements 4.6.1 Electronic Recipient Statements If you are required to furnish a written statement (Copy B or an acceptable substitute) to a recipient, then you may furnish the statement electronically instead of on paper. This includes furnishing the statement to recipients of Forms 1098, 1098-E, 1098-MA, 1098-T, 1099-A, 1099-B, 1099-C, CAP, DIV, G, H, INT, K, LTC, MISC, OID, PATR, Q, R, S, SA, 3921, 3922, 5498, 5498-ESA, 5498-SA, and 8935. It also includes Form W-2G (except for horse and dog racing, jai alai, sweepstakes, wagering pools, and lotteries). Note.Until further guidance is issued, you can not furnish Form 1098-C electronically. Per- foration (seeSection 2.1.8) does not apply to printouts of copies of forms that are furnished electronically to recipients. However, recipients should be cautioned to carefully separate the copies. If you meet the requirements listed below, you are treated as furnishing the statement timely. ConsentThe recipient must consent in the affirmative and not have withdrawn the consent before the statement is furnished. The consent by the recipient must be made electronically in a way that shows that he or she can access the statement in the electronic format in which it will be fur- nished. You must notify the recipient of any hardware or software changes prior to furnishing the statement. A new consent to receive the statement electronically is required after the new hardware or software is put into service. Prior to furnishing the statements electronically, you must provide the recipient a statement with the following statements prominently displayed: •If the recipient does not consent to receive the statement electronically, a paper copy will be provided. •The scope and duration of the consent. For example, whether the consent applies to every year the statement is furnished or only for the January 31 (February 15 for Forms 1099-B, 1099-S, and payments reported in boxes 8 and 14 on Form 1099-MISC) immediately fol- lowing the date of the consent. •How to obtain a paper copy after giving consent. •How to withdraw the consent. The consent may be withdrawn at any time by furnishing the withdrawal in writing (electronically oron paper) to the person whose name appears on the statement. Confirmation of the withdrawal also will be in writing (electronically or on paper). •Notice of termination. The notice must state under what conditions the statements will no longer be furnished to the recipient. •Procedures to update the recipients information. •A description of the hardware and software required to access, print and retain a statement, and a date the statement will no longer be available on the website. Format, Posting, and NotificationAdditionally, you must: •Ensure the electronic format contains all therequired information and complies with the guidelines in this document. •Post, on or before the January 31 (February 15 for Forms 1099-B, 1099-S, and payments reported in boxes 8 and 14 on Form 1099-MISC) due date, the applicable statement on a website accessible to the recipient through October 15 of that year. •Inform the recipient, electronically or by mail, of the posting and how to access and print the statement. 2012–48 I.R.B.597November 26, 2012 For more information, see Regulations section 31.6051–1. For electronic furnishing of Forms 1098-E and 1098-T, see Regulations sections 1.6050S-2 and 1.6050S-4. For electronic furnishing of Forms 1099-R, 1099-SA, 1099-Q, 5498, 5498-ESA, and 5498-SA, see Notice 2004–10, 2004–1 C.B. 433. Part 5 Additional Instructions for Substitute Forms 1098, 1097-BTC, 1099, 5498, W-2G, and 1042-S Section 5.1 — Paper Substitutes for Form 1042-S 5.1.1 Paper Substitutes Paper substitutes of Copy A for Form 1042-S, Foreign Person’s U.S. Source Income Sub- ject to Withholding, that totally conform to the specifications contained in this procedure may be privately printed without prior approval from the Internal Revenue Service. Proposed sub- stitutes not conforming to these specifications must be submitted for consideration. Note.Copies B, C, D, and E of Form 1042-S may contain multiple income entries for the same recipient, that is multiple rows of the top boxes 1–10 of the form. 5.1.2 Time Frame For Submission of Form 1042-S The request should be submitted by November 15 of the year prior to the year the form is to be used. This is to allow the Service adequate time to respond and the submitter adequate time to make any corrections. These requests should contain a copy of the proposed form, the need for the specific deviation(s), and the number of information returns to be printed. 5.1.3 Revisions Form 1042-S is subject to annual review and possible change. Withholding agents and form suppliers are cautioned against overstocking supplies of the privately printed substitutes. 5.1.4 Obtainin gCopies Copies of t he official form for the reporting year may be obtained from most Service offices. The Servi ce provides only cut sheets of these forms. Continuous fan-fold/pin-fed forms are not provided . 5.1.5 Instructions For Withholding Agents Instructions for withholding agents: •Only original copies may be filed with the Service. Reproductions are not acceptable. •The term “Recipient’s U.S. TIN” for an individual means the social security number (SSN) or IRS individual taxpayer identification number (ITIN), consisting of nine digits sepa- rated by hyphens as follows: 000–00–0000. For all other recipients, the term means em- ployer identification number (EIN) or qualified intermediary employer identification num- ber (QI-EIN). The QI-EIN designation includes a withholding foreign partnership employer identification number (WP-EIN) and a withholding foreign trust employer identification number (WT-EIN). The EIN and QI-EIN consist of nine digits separated by a hyphen as follows: 00–0000000. The taxpayer identification number (TIN) must be in one of these formats.Note.Digits must be separated by hyphens on paper statements in the formats listed. •Withholding agents are requested to type or machine print whenever possible, provide qual- ity data entries on the forms (that is, use black ink and insert data in the middle of blocks well separated from other printing and guidelines), and take other measures to guarantee a clear, sharp image. Withholding agents are not required, however, to acquire special equip- ment solely for the purpose of preparing these forms. •The “AMENDED” and “PRO-RATA BASIS REPORTING” boxes must be printed at the top center of the form under the title and checked, if applicable. November 26, 20125982012–48 I.R.B. •Substitute forms prepared in continuous or strip form must be burst and stripped to conform to the size specified for a single form beforethey are filed with the Service. The dimen- sions are found below. Computer cards are acceptable provided they meet all requirements regarding layout, content, and size. 5.1.6 Substitute Form 1042-S Format Requirements PropertySubstitute Form 1042-S Format Requirements PrintingPrivately printed substitute Forms 1042-S must be exact replicas of the official forms with respect to layout and content. Only the dimensions of the substitute form may differ. The Government Printing Office (GPO) symbol must be deleted. The exact dimensions are found below. Box EntriesOnly one item of income may be represented on the copy submitted to the Service (Copy A). Multiple income items may be shown on copies provided to recipients or retained by withholding agents. All boxes appearing on the official formmust be present on the substitute form, with appropriate captions. Color and Quality of Ink All printing must be in high quality non-gloss black ink. TypographyType must be substantially identical in size and shape to corresponding type on the official form. All rules on the document are either 1 point (0.015′′) or 3 point (0.045′′). Vertical rules must be parallel to the left edge of the document; horizontal rules must be parallel to the top edge. AssemblyIf all five parts are present, theparts of the assembly shall be arranged from top to bottom as follows: Copy A (Original) “for Internal Revenue Service,” Copies B, C, and D “for Recipient,” and Copy E “for Withholding Agent.” • Paper for Copy A must be white chemical wood bond, or equivalent, 20 pound (basis 17 x 22-500), plus or minus 5 percent; or offset book paper, 50 pound (basis 25 x 38-500). No optical brighteners may be added to the pulp or paper during manufacture. The paper must consist of principally bleached chemical wood pulp or recycled printed paper. It also must be suitably sized to accept ink without feathering. Color Quality of Paper • Copies B, C, D (for Recipient), and E (For Withholding Agent) are provided in the official assembly solely for the convenience of the withholding agent. Withholding agents may choose the format, design, color, and quality of the paper used for these copies. 2012–48 I.R.B.599November 26, 2012 PropertySubstitute Form 1042-S Format Requirements • The official form is 8 inches wide x 5 1 /2inches deep, exclusive of a 1 /2inch snap stub on the left side of the form. The snap feature is not required on substitutes. • The width of a substitute Copy A must be a minimum of 7 inches and a maximum of 8 inches, although adherence to the size of the official form is preferred. If the width of substitute Copy A is reduced from that of the official form, the width of each field on the substitute form must be reduced proportionately. The left margin must be 1 /2inch and free of all printing other than that shown on the official form. Dimensions • The depth of a substitute Copy A must be a minimum of 5 1 /6 inches and a maximum of 5 1 /2inches. Other CopiesCopies B, C, and D must be furnished for the convenience of payees who must send a copy of the form with other federal and state returns they file. Copy E may be used as a withholding agent’s record/copy. Section 5.2 — OMB Requirements for All Forms in This Revenue Procedure 5.2.1 OMB Requirements The Paperwork Reduction Act (the Act) of 1995 (Public Law 104–13) requires that: •OMB approves all IRS tax forms that are subject to the Act. Each IRS form contains (in or near the upper right corner) the OMB approval number, if any. (The official OMB numbers may be found on the official IRS printed forms and are also shown on the forms in the exhibits inPart 6.) •Each IRS form (or its instructions) states: This information must be provided to any users of official or substitute IRS forms or in- structions. 5.2.2 Substitute Form Requirements The OMB requirements for substitute IRS forms are: •Any substitute form or substitute statement to a recipient must show the OMB number as it appears on the official IRS form. •For Copy A, the OMB number must appear exactly as shown on the official IRS form. •For any copy other than Copy A, the OMB number must use one of the following formats. (1) OMB No. 1545–xxxx (preferred) or (2) OMB # 1545–xxxx (acceptable). 5.2.3 Required Explanation to Users All substitute forms (Copy A only) must state “For Privacy Act and Paperwork Reduction Act Notice, see the 2012 General Instructions for Certain Information Returns.” (or “For Pri- vacy Act and Paperwork Reduction Act Notice, see separate instructions.” for Copy A of Form 1042-S). If no instructions are provided to users of your forms, you must furnish them with the exact text of the Privacy Act and Paperwork Reduction Act Notice. November 26, 20126002012–48 I.R.B. Section 5.3 — Reproducible Copies of Forms 5.3.1 Introduction You can order official IRS forms and information copies of federal tax materials at local IRS offices or by calling the IRS National Distribution Center at 1–800–829–3676. Other ways to get federal tax material include the following. •Accessing IRS.gov. •Ordering IRS tax products on DVD (IRS Publication 1796). 5.3.2 Internet The DVD contains approximately 2,500 tax forms and publications for small businesses, return preparers, and others whofrequently need current or prior year tax products. Most cur- rent tax forms on the DVD may be filled in electronically, then printed out for submission and saved for recordkeeping. Other products on the DVD include the Internal Revenue Bulletins, Tax Supplements, and Internet resources and links for the tax professional. For system require- ments, contact the National Technical Information Service (NTIS) athttp://www.ntis.gov. Prices are subject to change. The cost of the DVD if purchased from NTIS at http://www.irs.gov/formspubs/article/0,,id=108660,00.htmlis $30 (with no handling fee). If purchased using the following methods, the cost for each DVD is $30 (plus a $6 handling fee). These methods are: •By phone — 1–877–CDFORMS (1–877–233–6767) (For IRS DVD purchase only), •By fax — 703–605–6900 (For IRS DVD purchase only), •By mail — to: National Technical Information Service, 5301 Shawnee Road, Alexandria, VA 22312 Note.Some forms on the DVD are intended as information only and may not be submitted as an official IRS form (for example, Forms 1099, W-2, and W-3). Additionally, Publication 1796 does not permit electronic filing. Several IRS forms are provided electronically on the IRS home page and on the IRS Tax Products DVD. But, for instance, Form 1096 and Copy A of 1098 series, 1099 series, and 5498 series cannot be used for filing with the IRS when printed from a conventional printer. These forms contain drop-out ink requirements as described in Part 2of this publication. Section 5.4 — Effect on Other Revenue Procedures 5.4.1 Other Revenue Procedures Revenue Procedure 2011–60, 2011–52 I.R.B. 934, dated December 27, 2011, is superseded. Part 6 Exhibits Section 6.1 — Exhibits of Forms in the Revenue Procedure 6.1.1 Purpose Exhibits A through FFillustrate some of the specifications that were discussed earlier in this revenue procedure. The dimensions apply to the actual size forms, but the exhibits have been reduced in size. 2012–48 I.R.B.601November 26, 2012 Generally, the illustrated dimensions apply to all like forms. For example,Exhibit Cshows 11.00′′from the top edge to the bottom edge of Form 1098 and .85′′between the bottom rule of the top form and the top rule of the second form on the page. These dimensions apply to all forms that are printed three to a page. 6.1.2 Guidelines Keep in mind the following guidelines when printing substitute forms. •Closely follow the specifications to avoid delays in processing the forms. •Always use the specifications as outlined in this revenue procedure and illustrated in the exhibits. •Do not add the text line “Do Not Cut or Separate Forms on This Page” to the bottom form. This will be inconsistent with the specifications. 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Part IV. Items o fGeneralInterest Utility Allow ances Submetering; Hearing Cancellation Announcemen t 2012–39 AGENCY: Inte rnal Revenue Service (IRS), Trea sury ACTION: Can cellation of notice of public hearingonp roposed rulemaking. SUMMARY: Th is document cancels a public hea ring on proposed regulations (REG–1364 91–09, 2012–35 I.R.B. 321) under sect ion 42 of the Internal Revenue Code; rela ting to the utility allowance reg- ulations. DATES: The public hearing originally schedule d for November 27, 2012 at 10 a.m. is cancelled. FOR FURTHER IN FORMATION CONTACT: Oluw afunmilayo Taylor of the Publicati ons and Regulations Branch, Legal Process ing Division, Associate Chief Counsel (Procedure and Adminis- tration) at ( 202) 622–7180 (not a toll-free number). SUPPLEMENTA L INFORMATION: A notice of pro posed rulemaking and a notice of public hea ring that appeared in theFed- eral Regist eron August 7, 2012 (77 FR 46987) anno unced that a public hearing was schedul ed for November 27, 2012, at 10 a.m. in th e IRS Auditorium, Internal Revenue Bu ilding, 1111 Constitution Avenue, NW Washington, DC. The subject of the publ ic hearing is under section 42 of the Inte rnal Revenue Code. The public comment period for these regulatio ns expired on October 9, 2012. The notic e of proposed rulemaking and no- tice of public hearing instructed those in- terested in te stifying at the public hearing to submit a req uest to speak and an outline of the topics t o be addressed. As of Friday, November 2, 20 12, no one has requested to speak. The refore, the public hearing scheduled fo r November 27, 2012, is can- celled. LaNita VanDy ke, Chief, Publicatio ns and Regulations Branch, Legal Proce ssing Division, Associate C hief Counsel (Procedure and Administration). (Filed by the Office of the Federal Register on November 7, 2011, 8:45 a.m., and published in the issue of the Federal Register f or November 8, 2011, 77 F.R. 66938) 2012–48 I.R.B.635November 26, 2012 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the ef- fect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is be- ingextendedtoapplytoavariationofthe fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare withmodi- fied,below). Clarifiedis used in those instances where the language in a prior ruling is be- ing made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare withamplifiedandclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is beingstatedinanewruling. Supersededdescribes a situation where the new ruling does nothing more than re- state the substance and situation of a previ- ously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same po- sition published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single rul- ing a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new rul- ing does more than restate the substance of a prior ruling, a combination of terms is used. For example,modifiedandsu- persededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously pub- lished ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original rul- ing has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the ad- ditions, and supersedes all prior rulings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The fol lowing abbreviations in current use and for merly used will appear in material publis hedintheBulletin. A—Individual. Acq.—A cquiescence. B—Individual. BE—Beneficiary. BK—Bank . B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cu mulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Coo perative. Ct.D.—Court Decision. CY—County. D—Decede nt. DC—Dummy Corporation. DE—Donee. Del. Order —Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Emp loyer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduc iary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Fo reign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Fed eral Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grante e. GP—General Partner. GR—Grantor. IC—Insura nce Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—No nacquiescence. O—Organization. P—Parent Corporation. PHC—Persona l Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Pa rtnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Re al Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsi diary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Trans feree. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpay er. TR—Trust. TT—Trustee. U.S.C.—Uni ted States Code. X—Corporation. Y—Corporation. Z—Corporat ion. November 26, 2012i2012–48 I.R.B. Numerical Finding List 1 Bulletins 2012–27 through 2012–48 Announcements: 2012-26, 2012-27 I.R.B.8 2012-27, 2012-27 I.R.B.10 2012-28, 2012-27 I.R.B.10 2012-29, 2012-42 I.R.B.500 2012-30, 2012-34 I.R.B.314 2012-31, 2012-34 I.R.B.315 2012-32, 2012-35 I.R.B.325 2012-33, 2012-35 I.R.B.325 2012-34, 2012-36 I.R.B.334 2012-35, 2012-38 I.R.B.356 2012-36, 2012-46 I.R.B.547 2012-37, 2012-45 I.R.B.543 2012-38, 2012-43 I.R.B.527 2012-39, 2012-48 I.R.B.635 2012-40, 2012-47 I.R.B.556 2012-41, 2012-44 I.R.B.532 2012-42, 2012-47 I.R.B.561 Notices: 2012-2, 2012-45 I.R.B.538 2012-39, 2012-31 I.R.B.95 2012-44, 2012-28 I.R.B.45 2012-45, 2012-29 I.R.B.59 2012-46, 2012-30 I.R.B.86 2012-47, 2012-31 I.R.B.98 2012-48, 2012-31 I.R.B.102 2012-49, 2012-31 I.R.B.119 2012-50, 2012-31 I.R.B.121 2012-51, 2012-33 I.R.B.150 2012-52, 2012-35 I.R.B.317 2012-53, 2012-35 I.R.B.317 2012-55, 2012-36 I.R.B.332 2012-56, 2012-39 I.R.B.370 2012-57, 2012-40 I.R.B.424 2012-58, 2012-41 I.R.B.436 2012-59, 2012-41 I.R.B.443 2012-60, 2012-41 I.R.B.445 2012-61, 2012-42 I.R.B.479 2012-62, 2012-42 I.R.B.489 2012-63, 2012-42 I.R.B.496 2012-64, 2012-44 I.R.B.528 2012-68, 2012-48 I.R.B.574 Proposed Regulations: REG-126770-06, 2012-38 I.R.B.347 REG-138367-06, 2012-40 I.R.B.426 REG-101812-07, 2012-34 I.R.B.311 REG-134042-07, 2012-27 I.R.B.5 REG-140668-07, 2012-43 I.R.B.501 REG-153627-08, 2012-29 I.R.B.60 REG-136491-09, 2012-35 I.R.B.321 Proposed Regulations— Continued: REG-138489-09, 2012-38 I.R.B.355 REG-125570-11, 2012-30 I.R.B.93 REG-130266-11, 2012-32 I.R.B.126 REG-134935-11, 2012-29 I.R.B.64 REG-141832-11, 2012-28 I.R.B.54 REG-107889-12, 2012-28 I.R.B.53 REG-113738-12, 2012-29 I.R.B.66 REG-134974-12, 2012-47 I.R.B.553 Revenue Procedures: 2012-28, 2012-27 I.R.B.4 2012-29, 2012-28 I.R.B.49 2012-30, 2012-33 I.R.B.165 2012-31, 2012-33 I.R.B.256 2012-32, 2012-34 I.R.B.267 2012-33, 2012-34 I.R.B.272 2012-34, 2012-34 I.R.B.280 2012-35, 2012-37 I.R.B.341 2012-36, 2012-39 I.R.B.374 2012-37, 2012-41 I.R.B.449 2012-38, 2012-48 I.R.B.575 2012-39, 2012-41 I.R.B.470 2012-40, 2012-40 I.R.B.424 2012-41, 2012-45 I.R.B.539 2012-42, 2012-46 I.R.B.545 Revenue Rulings: 2012-19, 2012-28 I.R.B.16 2012-20, 2012-27 I.R.B.1 2012-21, 2012-32 I.R.B.123 2012-22, 2012-48 I.R.B.565 2012-23, 2012-39 I.R.B.359 2012-24, 2012-36 I.R.B.329 2012-25, 2012-37 I.R.B.337 2012-26, 2012-39 I.R.B.358 2012-27, 2012-41 I.R.B.435 2012-28, 2012-42 I.R.B.476 2012-29, 2012-42 I.R.B.475 2012-30, 2012-45 I.R.B.534 Treasury Decisions: 9591, 2012-28 I.R.B.32 9592, 2012-28 I.R.B.41 9593, 2012-28 I.R.B.17 9594, 2012-29 I.R.B.57 9595, 2012-30 I.R.B.71 9596, 2012-30 I.R.B.84 9597, 2012-34 I.R.B.258 9598, 2012-38 I.R.B.343 9599, 2012-40 I.R.B.417 9600, 2012-47 I.R.B.548 1 A cumulative list of all revenue rulings, revenueprocedures, Treasury decisions, etc., publishedin Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. 2012–48 I.R.B.iiNovember 26, 2012 Finding List of Current Actions on Previously Published Items 1 Bulletins 2012–27 through 2012–48 Announcements: 83-196 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 85-141 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 2008-105 Modified and superseded by Ann. 2012-34, 2012-36 I.R.B.334 2012-29 Corrected by Ann. 2012-41, 2012-44 I.R.B.532 2012-38 Corrected by Ann. 2012-41, 2012-44 I.R.B.532 Notices: 2009-24 Amplified by Notice 2012-51, 2012-33 I.R.B.150 2011-81 Superseded by Notice 2012-63, 2012-42 I.R.B.496 2012-51 Amplified by Notice 2012-51, 2012-33 I.R.B.150 Proposed Regulations: REG-100276-97 Withdrawn by Ann. 2012-27, 2012-27 I.R.B.10 REG-136491-09 Hearing cancelled by Ann. 2012-39, 2012-48 I.R.B.635 REG-130266-11 Hearing scheduled by Ann. 2012-29, 2012-42 I.R.B.500 Ann. 2012-38, 2012-43 I.R.B.527 Hearing rescheduled by Ann. 2012-41, 2012-44 I.R.B.532 Revenue Procedures: 94-22 Modified and superseded by Rev. Proc. 2012-35, 2012-37 I.R.B.341 95-15 Superseded by Rev. Proc. 2012-31, 2012-33 I.R.B.256 Revenue Procedures— Continued: 97-27 Modified by Rev. Proc. 2012-39, 2012-41 I.R.B.470 98-32 Modified and superseded by Rev. Proc. 2012-33, 2012-34 I.R.B.272 2007-38 Modified and superseded by Rev. Proc. 2012-32, 2012-34 I.R.B.267 2011-14 Clarified and modified by Rev. Proc. 2012-39, 2012-41 I.R.B.470 2011-40 Superseded by Rev. Proc. 2012-30, 2012-33 I.R.B.165 2011-50 Superseded by Rev. Proc. 2012-36, 2012-39 I.R.B.374 2011-60 Superseded by Rev. Proc. 2012-38, 2012-48 I.R.B.575 2012-30 Corrected and clarified by Ann. 2012-36, 2012-46 I.R.B.547 Treasury Decisions: 9752 Corrected by Ann. 2012-35, 2012-38 I.R.B.356 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2012–1 through 2012–26 is in Internal Revenue Bulletin 2012–26, dated June 25, 2012. November 26, 2012iii2012–48 I.R.B. INDEX Internal Revenue Bulletins 2012–27 through 2012–48 The abbreviation and number in parenthesis following the index entry refer to the specific item; numbers in roman and italic type following the parentheses refer to the Internal Revenue Bulletin in which the item may be found and the page number on which it appears. Key to Abbreviations: AnnAnnouncement CDCourt Decision DODelegation Order EOExecutive Order PLPublic Law PTEProhibited Transaction Exemption RPRevenue Procedure RRRevenue Ruling SPRStatement of Procedural Rules TCTax Convention TDTreasury Decision TDOTreasury Department Order EMPLOYEE PLANS Amendment of prohibited payment option under defined sin- gle–employer defined benefit plan of plan sponsor in bank- ruptcy (REG–113738–12) 29,66 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Defined benefit plans funding (Notice 61) 42,479 Election to include in gross income in year of transfer (RP 29) 28,49 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Full funding limitations, weighted average interest rates, seg- ment rates for: July 1, 2012 (Notice 47) 31,98 August 1, 2012 (Notice 53) 35,317 September 1, 2012 (Notice 56) 39,370 October 1, 2012 (Notice 64) 44,528 Funding segment rates, 25–yearaverage segment rates and ad- justed 24–month average segment rates used for pension fund- ing (Notice 55) 36,332 Proposed Regulations: 26 CFR 1.411(d)–4, amended; amendment of prohibited pay- ment option under defined single–employer defined benefit plan of plan sponsor in bankruptcy (REG–113738–12) 29, 66 26 CFR 1.6081–11, amended; 301.6057–1, amended; report- ing and notice requirements for deferred vested benefits un- der section 6057 (REG–153627–08) 29,60 Reporting and notice requirementsfor deferred vested benefits under section 6057 (REG–153627–08) 29,60 Revision of Rev. Proc. 94–22 (RP 35) 37,342 Underfunded plans, notice requirements (Notice 46) 30,86 EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Wage recharacterization revenue ruling (RR 25) 37,337 ESTATE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Cost-of-living adjustments for inflation for 2013 (RP 41) 45,539 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0, thru –3, added; 25 CFR 25.2505–0, thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28, 54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T, thru –2T, added; 25.2505–0T, thru –3T, added; 602.101, amended; porta- bility of a deceased spousal unused exclusion amount (TD 9593) 28,17 Valuation of certain farm, etc., real property under section 2032A (RR 26) 39,358 EXCISE TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Capital loss carrybacks and carryovers (RR 29) 42,475 Cost-of-living adjustments for inflation for 2013 (RP 41) 45,539 Determining full-time employees for purposes of shared re- sponsibility for employers regarding health coverage, section 4980H (Notice 58) 41,436 Disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84; (REG–125570–11) 30,93 Guidance on 90–day waiting period limitation under public health service act section 2708 (Notice 59) 41,443 Highway use tax (Notice 57) 40,424 Proposed Regulations: 26 CFR 1.1361–4, amended; 301.7701–2, amended; disre- garded entities and the indoortanning services excise tax (REG–125570–11) 30,93 Regulations: 26 CFR 1.1361–4, amended; 1.1361–4T, added; 301.7701–2T, added; disregarded entities and the indoor tanning services excise tax (TD 9596) 30,84 EXEMPT ORGANIZATIONS Additional requirements for charitable hospitals (REG–130266–11) 32,126; hearing (Ann 29) 42,500; hearing (Ann 38) 43,527; hearing correction (Ann 41) 44,532 2012–48 I.R.B.ivNovember 26, 2012 EXEMPT ORGANIZATIONS—Cont. Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Fast track settlement for TE/GE taxpayers (Ann 34) 36,334 Proposed Regulations: 26 CFR 1.501(r)–0 thru –7, added; additional requirements for charitable hospitals (REG–130266–11) 32,126 26 CFR 53.4942(a)–3, amended; 53.4945–5, amended; reliance standards for making good faith determinations (REG–134974–12) 47,553 Reliance standards for making good faith determinations (REG–134974–12) 47,553 Revocations (Ann 32) 35,325; (Ann 37) 45,543 GIFT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Cost-of-living adjustments for inflation for 2013 (RP 41) 45,539 Portability of a deceased spousal unused exclusion amount (TD 9593) 28,17; (REG–141832–11) 28,54 Proposed Regulations: 26 CFR 20.2001–2, added; 20.2010–0, thru –3, added; 25 CFR 25.2505–0, thru –2, added; portability of a deceased spousal unused exclusion amount (REG–141832–11) 28, 54 Regulations: 26 CFR 20.2001–2T, added; 20.2010–0T, thru –2T, added; 25.2505–0T, thru –3T, added; 602.101, amended; porta- bility of a deceased spousal unused exclusion amount (TD 9593) 28,17 INCOME TAX Allocation of costs under the simplified methods (REG–126670–12) 38,347 Application of section 162(m)(4)(C) to dividends and dividend equivalents (RR 19) 28,16 Application of section 172(h) including consolidated groups (REG–140668–07) 43,501 Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 Base period T-bill rate, 2012 (RR 22) 48,565 Basis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 Bonds: Qualified energy conversation bonds (Notice 44) 28,45 Tribal economic development bonds (Notice 48) 31,102 Changes in method of accounting, modifying Rev. Procs. 97–27 and 2011–14 (RP 39) 41,470 Charitable contribution deduction (Notice 52) 35,317 Corporations, regulations under section 367(d) applicable to cer- tain outbound asset reorganizations (Notice 39) 31,95 INCOME TAX—Cont. Credits: Low-income housing credits: Relief for areas affected by Hurricane Sandy (Notice 68) 48,574 Unused housing credit carryovers (RP 42) 46,545 Utility allowances submetering (REG–136491–09) 35, 321; hearing canncelled (Ann 39) 48,603 Qualifying advance coal project section 48A credit (Notice 51) 33,150 Cost-of-living adjustments for inflation for 2013 (RP 41) 45,539 Deductions for entertainment use of business aircraft (TD 9597) 34,258 Disciplinary actions involving attorneys, certified public ac- counts, enrolled agents, and enrolled actuaries (Ann 28) 27, 10; (Ann 33) 35,325; (Ann 40) 47,556 Dividend equivalents from sources within the United States; cor- rection (Ann 35) 38,356 Documentation requirementsunder section 6050W (Notice 2) 45,538 Election to include in gross income in year of transfer (RP 29) 28,49 Financial asset securitization investment trusts (Ann 27) 27,10 Forms: 1040-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, specifications for filing elec- tronically (RP 36) 39,374 1096, 1098, 1099, 5498, and certain other information returns (RP 38) 48,575 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, requirements for filing electronically (RP 30) 33,165; correction (Ann 36) 46,547 8027, Employer’s Annual Information Return of Tip Income and Allocated Tips, Electronically (RP 37) 41,449 Gross income, per capital payments from proceeds of settlement of Indian tribal trust cases (Notice 60) 41,445 Insurance, effectively connected income (RP 40) 30,424 Integrated transactions of qualifying debt (TD 9598) 38,343; (REG–138489–09) 38,355 Interest: Investment: Federal short-term, mid-term, and long-term rates for: July 2012 (RR 20) 27,1 August 2012 (RR 21) 32,123 September 2012 (RR 24) 36,329 October 2012 (RR 28) 42,476 November 2012 (RR 30) 45,534 Rates: Underpayment and overpayments, quarter beginning: October 2012 (RR 23) 39,359 Involuntary conversions, livestock sold on account of drought, extension of replacement period, list of affected counties (No- tice 62) 42,489 Marginal production rates, 2012 (Notice 50) 31,121 Modification to consolidated return regulation permitting an election to treat a liquidationof a target, followed by a recon- November 26, 2012v2012–48 I.R.B. INCOME TAX—Cont. tribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 Non-real estate business in low-income communities (TD 9600) 47,548 Overall foreign loss recapture on property dispositions (REG–134935–11) 29,64 Property traded on an established market (TD 9599) 40,417 Proposed Regulations: 26 CFR 1.42–10, –12, amended; utility allowances submeter- ing (REG–136491–09) 35,321 26 CFR 1.108–7, amended; 1.366–0, amended; 1.1366–2, –5, amended; 1.1367–1(h), amended; 1.1367–3, amended; ba- sis of indebtedness of S corporations to their shareholders (REG–134042–07) 27,5 26 CFR 1.172(h)–0 thru –5,added; 1.1502–21, amended; 1.1502–72, added; regulations regarding the applica- tion of section 172(h) including consolidated groups (REG–140668–07) 43,501 26 CFR 1.988–5T, added; integrated transactions of qualify- ing debt (REG–138489–09) 38,355 26 CFR 1.263A–0, –2, amended; allocation of costs under the simplified methods (REG–126670–12) 38,347 26 CFR 1.274–2, amended; 1.274–8, revised; reimbursed en- tertainment expenses (REG–101812–07) 34,311 26 CFR 1.904–4, amended; 1.904(g)–3, amended; over- all foreign loss recaptureon property dispositions (REG–134935–11) 29,64 26 CFR 1.7874–3, added; substantial business activities (REG–107889–12) 28,53 31 CFR 10.1, .3, .22, .31, .35, .36, .37, .52, .81, .82, .91, revised; regulations governing practice before the Internal Revenue Service (REG–138367–06) 40,426 Publications: 1120, Specifications for filing Forms 1097, 1098, 3921, 3922, 5498, 8935, and W-2G, electronically, 2012 revision (RP 30) 33,165; correction (Ann 36) 46,547 1179, General Rules and Specifications for Form 1096, 1098, 1099, 5498, and Certain Other Information Returns (RP 38) 48,575 1187, Specifications for filing Form 1042–S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically, revised (RP 36) 39,374 1239, Specifications for filing Forms 8027, Employer’s An- nual Information Returns of Tip Income and Allocated Tips, Electronically (RP 37) 41,449 4810, Specifications for filing Form 8955–SSA, Annual Reg- istration Statement Identifying Separated Participants With Deferred Vested Benefits, Electronically (RP 34) 34,280 Qualifying income under section 7704(d) (RP 28) 27,4 Regulations: 26 CFR 1.45D–0, –1, amended; non-real estate business in low-income communities (TD 9600) 47,548 26 CFR 1.61–21, amended; 1.274–9, –10, added; deductions for entertainment use of business aircraft (TD 9597) 34,258 INCOME TAX—Cont. 26 CFR 1.871–16T, amended; dividend equivalents from sources within the United States; correction (Ann 35) 38, 356 26 CFR 1.904–0, –1, –2, –7, –8,amended; 1.904(f)–0T, –1T, –2T, –7T, –8T, removed; 1.904(g)–0, –1, –2, –3, amended; 1.904(g)–0T, –1T, –2T, –3T, removed; 1.502–9, amended, 1.1502–9T, removed; treatment of overall foreign and do- mestic losses (TD 9595) 30,71 26 CFR 1.988–5, added; integrated transactions of qualifying debt (TD 9598) 38,343 26 CFR 1.1273–0 thru –2, amended; 1.1274–3, amended; 1.1275–2, –4, amended; 602.101, amended; property traded on an established market (TD 9599) 40,417 26 CFR 1.1502–13, amended; 1.1502–13T, removed; 602.101, amended; modification to consolidated return regulation permitting an election to treat a liquidation of a target, followed by a recontribution to a new target, as a cross-chain reorganization (TD 9594) 29,57 26 CFR 1.7874–1, amended; 1.7874–1T, removed; 1.7874–2, added; surrogate foreign corporations (TD 9591) 28,32 26 CFR 1.7874–3T, added; substantial business activities (TD 9592) 28,41 Regulations governing practice before the Internal Revenue Ser- vice (REG–138367–06) 40,426 Reimbursed entertainment expenses (REG–101812–07) 34,311 Revisions to Rev. Proc. 98–32 (RP 33) 34,272 Revocations, exempt organizations (Ann 32) 35,325; (Ann 37) 45,543 Section 43 inflation adjustment, 2012 (Notice 49) 31,119 Special per diem rates, 2012–2013 (Notice 63) 42,496 Standard Industry Fare Level (SIFL) (RR 27) 41,435 Substantial business activities (TD 9592) 28,41; (REG–107889–12) 28,53 Substitute Forms 1096, 1098, 1099, 5498, and certain other in- formation returns, rules and specifications (RP 38) 48,575 Surrogate foreign corporations (TD 9591) 28,32 Tax Conventions: U.S.-Belgium agreement regarding taxes imposed by Bel- gium municipalities (Ann 30) 34,314 U.S.-Canada agreement regarding OECD report on the attri- bution of profits to permanent establishments (Ann 31) 34, 315 U.S.-Netherlands agreement of limited funds for mutual ac- count (LFMA) (Ann 26) 27,8 Third party payer issues and reporting agents, revisions to Rev. Proc. 2007–38 (RP 32) 34,267 Timelines for due diligence and other requirements under FATCA (Ann 42) 47,561 Treatment of income from certain government bonds for pur- poses of the passive foreign investment company (PFIC) rules (Notice 45) 29,59 Treatment of overall foreign and domestic losses (TD 9595) 30, 71 2012–48 I.R.B.viNovember 26, 2012 SELF-EMPLOYMENT TAX Background file document requests, processing fees, update to Rev. Proc. 95–15 (RP 31) 33,256 November 26, 2012vii2012–48 I.R.B. Internal Revenue Service W ashington,DC20224 Official Business Penalty for Private Use, $300 INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletin is sold on a yearly subscription basis by the Superintendent of Documents. Current subscribers are notified by the Superin- tendent of Documents when their subscriptions must be renewed. 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