us-irs-revenue-rulings-irb-2016-35-pdf•Internal Revenue Bulletin 2016-35 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2016-35 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2016-35-pdfInternal Revenue Bulletin 2016-35 (PDF rendition): IRS Revenue RulingsGuidance
Preserve advance releases and the authoritative Internal Revenue Bulletin rendition; directory timestamps are file-publication metadata, not legal effective dates. HTML bulletins begin June 2003; earlier available issues require full PDF parsing. Whole bulletin rendition: numbered items are identified below; other legal material and publisher context remain included. This is not a new standalone advance release.
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. EMPLOYEE PLANS Notice 2016–47 page 276. This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used under § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the Internal Revenue Code. In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I). ESTATE TAX Rev. Rul. 2016–19 page 273. The 2016 interest rates to be used in computing the special use value of farm real property for which an election is made under section 2032A of the Code are listed for estate of decedents. ADMINISTRATIVE T.D. 9781 page 274. This document contains final regulations that adopt without change proposed regulations that, by cross-reference to tem- porary regulations, proposed to reduce the amount of the user fee to obtain or renew a PTIN from $50 to $33 for each original and renewal application. Finding Lists begin on page ii. Bulletin No. 2016–35 August 29, 2016 The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and en- force the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of internal management are not published; however, statements of inter- nal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identify- ing details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legisla- tion and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Sec- retary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. August 29, 2016Bulletin No. 2016–35 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 2032A—Valuation of Certain Farm, Etc., Real Property 26 CFR 20.2032A– 4: Method of valuing farm real property. Rev. Rul. 2016–19 This revenue ruling contains a list of the average annual effective interest rates on new loans under the Farm Credit Sys- tem. This revenue ruling also contains a list of the states within each Farm Credit System Bank Territory. Under § 2032A(e)(7)(A)(ii) of the In- ternal Revenue Code, rates on new Farm Credit System Bank loans are used in computing the special use value of real property used as a farm for which an election is made under § 2032A. The rates in Table 1 of this revenue ruling may be used by estates that value farmland under § 2032A as of a date in 2016. Average annual effective interest rates, calculated in accordance with § 2032A(e) (7)(A) and § 20.2032A– 4(e) of the Estate Tax Regulations, to be used under § 2032A(e)(7)(A)(ii), are set forth in the accompanying Table of Interest Rates (Table 1). The states within each Farm Credit System Bank Territory are set forth in the accompanying Table of Farm Credit System Bank Territories (Table 2). Rev. Rul. 81–170, 1981–1 C.B. 454, contains an illustrative computation of an average annual effective interest rate. The rates applicable for valuation in 2015 are in Rev. Rul. 2015–18, 2015–34 I.R.B. 209. For rate information for years prior to 2015, see Rev. Rul. 2014 –21, 2014 –34 I.R.B. 381, and other revenue rulings that are referenced therein. DRAFTING INFORMATION The principal author of this revenue ruling is Lane Damazo of the Office of the Associate Chief Counsel (Passthroughs and Special Industries). For further infor- mation regarding this revenue ruling, con- tact Lane Damazo at (202) 317-4628 (not a toll-free number). REV. RUL. 2016-19 TABLE 1 TABLE OF INTEREST RATES (Year of Valuation 2016) Farm Credit System Bank Servicing State in Which Property is LocatedRate AgFirst, FCB .................................................................................................................................................................5.11 AgriBank, FCB .............................................................................................................................................................4.44 CoBank, ACB ...............................................................................................................................................................4.01 Texas, FCB ....................................................................................................................................................................4.69 REV. RUL. 2016-19 TABLE 2 TABLE OF FARM CREDIT SYSTEM BANK TERRITORIES Farm Credit System BankLocation of Property AgFirst, FCB.................................................................................Delaware, District of Columbia, Florida, Georgia, Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, West Virginia. AgriBank, FCB..............................................................................Arkansas, Illinois, Indiana, Iowa, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Tennessee, Wisconsin, Wyoming. CoBank, ACB................................................................................Alaska, Arizona, California, Colorado, Connecticut, Hawaii, Idaho, Kansas, Maine, Massachusetts, Montana, New Hampshire, New Jersey, New Mexico, New York, Nevada, Oklahoma, Oregon, Rhode Island, Utah, Vermont, Washington. Texas, FCB.....................................................................................Alabama, Louisiana, Mississippi, Texas. Bulletin No. 2016–35August 29, 2016 273 T.D. 9781 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 300 Preparer Tax Identification Number (PTIN) User Fee Update AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Final regulations and removal of temporary regulations. SUMMARY: This document contains fi- nal regulations relating to the imposition of certain user fees on tax return prepar- ers. The final regulations supersede and adopt the text of temporary regulations that reduced the user fee to apply for or renew a preparer tax identification number (PTIN) from $50 to $33. The final regu- lations affect individuals who apply for or renew a PTIN. The Independent Offices Appropriations Act of 1952 authorizes the charging of user fees. DATES:Effective Date: These regula- tions are effective on September 9, 2016. Applicability Date: For date of applicabil- ity, see § 300.13(d). FOR FURTHER INFORMATION CON- TACT: Concerning the final regulations, Hollie M. Marx at (202) 317-6844; con- cerning cost methodology, Eva J. Wil- liams at (202) 803-9728 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background and Summary of Comments This document contains final regula- tions relating to the imposition of a user fee to apply for or renew a PTIN. The Independent Offices Appropriations Act of 1952 (IOAA), which is codified at 31 U.S.C. 9701, authorizes agencies to pre- scribe regulations that establish user fees for services provided by the agency. The charges must be fair and must be based on the costs to the government, the value of the service to the recipient, the public policy or interest served, and other rele- vant facts. The IOAA provides that regu- lations implementing user fees are subject to policies prescribed by the President; these policies are set forth in the Office of Management and Budget Circular A–25, 58 FR 38142 (July 15, 1993) (OMB Circular A–25). Under OMB Circular A–25, federal agencies that provide services that confer special benefits on identifiable recipients beyond those accruing to the general pub- lic are to establish user fees that recover the full cost of providing the special ben- efit. An agency that seeks to impose a user fee for government-provided services must calculate the full cost of providing those services, review user fees bienni- ally, and update them as necessary. Section 6109(a)(4) of the Internal Rev- enue Code (Code) authorizes the Secre- tary to prescribe regulations for the inclu- sion of a tax return preparer’s identifying number on a return, statement, or other document required to be filed with the IRS. On September 30, 2010, the Treasury Department and the IRS published final regulations under section 6109 (REG– 134235– 08) in theFederal Register(TD 9501) (75 FR 60315) (PTIN regulations) to provide that, for returns or claims for refund filed after December 31, 2010, the identifying number of a tax return pre- parer is the individual’s PTIN or such other number prescribed by the IRS in forms, instructions, or other appropriate guidance. The PTIN regulations require a tax return preparer who prepares or who assists in preparing all or substantially all of a tax return or claim for refund after December 31, 2010 to have a PTIN. Final regulations (REG–139343– 08) published in theFederal Register(TD 9503) (75 FR 60316) on September 30, 2010, estab- lished a $50 user fee to apply for or renew a PTIN. The ability to prepare tax returns and claims for refund for compensation is a special benefit, for which the IRS may charge a user fee to recover the full costs of providing the special benefit. Pursuant to the guidelines in OMB Cir- cular A–25, the IRS recalculated its cost of providing services under the PTIN ap- plication and renewal process and deter- mined that the full cost of administering the PTIN program going forward is re- duced from $50 to $33 per application or renewal. On October 30, 2015, the Trea- sury Department and the IRS published in theFederal Register(80 FR 66851– 01) a notice of proposed rulemaking by cross- reference to temporary regulations (REG– 121496 –15) proposing amendments to regulations under 26 CFR part 300. On the same date, the Treasury Department and the IRS published in theFederal Register (80 FR 66792– 01) temporary regulations (TD 9742) that reduced the amount of the user fee to obtain or renew a PTIN from $50 to $33 per original or renewal appli- cation. Five electronic public comments were submitted under the regulation num- ber for the proposed regulations, but their contents related to issues other than a user fee for applying for or renewing a PTIN and are not relevant to these regulations. The comments are available for public inspection at http://www.regulations.gov or upon request. The IRS received no re- quests for a public hearing, and none was held. The final regulations adopt the pro- posed regulations without change. The temporary regulations are hereby made obsolete and removed. Effect on Other Documents Temporary regulations § 300.13T are obsolete as of September 9, 2016. Special Analyses Certain IRS regulations, including this one, are exempt from the requirements of Executive Order 12866, as supplemented and reaffirmed by Executive Order 13563. Therefore, a regulatory impact assessment is not required. The Administrative Procedure Act pro- vides that substantive rules generally will not be effective until thirty days after the final regulations are published in theFed- eral Register(5 U.S.C. 553(d)). The Treasury Department and the IRS have determined that section 5 U.S.C. 553(d) of the Administrative Procedure Act applies to these final regulations. The notice of proposed rulemaking (REG–121496 –15) included an initial regulatory flexibility analysis. The Trea- sury Department and the IRS concluded in the initial regulatory flexibility analysis that the proposed regulations, if promul- gated, may have a significant economic impact on a substantial number of small entities. None of the public comments submitted under the regulation number for August 29, 2016Bulletin No. 2016–35 274 the proposed regulation addressed the ini- tial regulatory flexibility analysis. After further consideration, the Treasury De- partment and the IRS conclude that no final regulatory flexibility analysis is re- quired. The Treasury Department and the IRS certify that the final regulations will not have a significant economic impact on a substantial number of small entities. Al- though the final regulations will likely af- fect a substantial number of small entities, the economic impact on those entities is not significant. The final regulations es- tablish a $33 fee to apply for or renew a PTIN per original or renewal application, which is a reduction from the previously established fee of $50 per original or re- newal application, and the $33 fee will not have a significant economic impact on a small entity. Pursuant to section 7805(f) of the Code, the notice of proposed rulemaking that preceded these final regulations was submitted to the Chief Counsel for Advo- cacy of the Small Business Administra- tion for comment on its impact on small business. No comments were received on the proposed regulations. Drafting Information The principal author of these final reg- ulations is Hollie M. Marx, Office of the Associate Chief Counsel (Procedure and Administration). However, other person- nel from the Treasury Department and the IRS participated in their development. ***** Adoption of Amendments to the Regulations Accordingly, 26 CFR part 300 is amended as follows: PART 300 —USER FEES Paragraph 1. The authority citation for part 300 continues to read as follows: Authority: 31 U.S.C. 9701. Par. 2. Section 300.13 is amended by adding paragraph (b) and revising para- graph (d) to read as follows: § 300.13 Fee for obtaining a preparer tax identification number. ***** (b)Fee. The fee to apply for or renew a preparer tax identification number is $33 per year, which is the cost to the govern- ment for processing the application for a preparer tax identification number and does not include any fees charged by the vendor. ***** (d)Applicability date. This section will be applicable for applications for and re- newal of a preparer tax identification number filed on or after September 9, 2016. § 300.13T [Removed] Par. 3. Section 300.13T is removed. John Dalrymple, Deputy Commissioner for Services and Enforcement. Approved: July 14, 2016. Mark J. Mazur, Assistant Secretary of the Treasury (Tax Policy). (Filed by the Office of the Federal Register on August 9, 2016, 8:45 a.m., and published in the issue of the Federal Register for August 10, 2016, 81 F.R. 52766) Bulletin No. 2016–35August 29, 2016 275 Part III. Administrative, Procedural, and Miscellaneous Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2016–47 This notice provides guidance on the corporate bond monthly yield curve, the corresponding spot segment rates used un- der § 417(e)(3), and the 24-month average segment rates under § 430(h)(2) of the Internal Revenue Code. In addition, this notice provides guidance as to the interest rate on 30-year Treasury securities under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008 and the 30- year Treasury weighted average rate un- der § 431(c)(6)(E)(ii)(I). YIELD CURVE AND SEGMENT RATES Generally, except for certain plans un- der sections 104 and 105 of the Pension Protection Act of 2006 and CSEC plans under § 414(y), § 430 of the Code speci- fies the minimum funding requirements that apply to single-employer plans pursu- ant to § 412. Section 430(h)(2) specifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, pres- ent value is generally determined using three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. To the extent provided under § 430(h)(2) (C)(iv), these segment rates are adjusted by the applicable percentage of the 25- year average segment rates for the period ending September 30 of the year preced- ing the calendar year in which the plan year begins. 1 However, an election may be made under§ 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Notice 2007– 81, 2007– 44 I.R.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond seg- ment rates used to compute the target nor- mal cost and the funding target. Consis- tent with the methodology specified in Notice 2007– 81, the monthly corporate bond yield curve derived from July 2016 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of July 2016 are, re- spectively, 1.36, 3.26, and 4.16. The 24-month average segment rates determinedunder§430(h)(2)(C)(i) through (iii) must be adjusted pursuant to § 430(h)(2)(C)(iv) to be within the appli- cable minimum and maximum percent- ages of the corresponding 25-year average segment rates. For plan years beginning before 2018, the applicable minimum per- centage is 90% and the applicable maxi- mum percentage is 110%. The 25-year average segment rates for plan years be- ginning in 2014, 2015, and 2016 were published in Notice 2013–58, 2013– 40 I.R.B. 294, Notice 2014 –50, 2014 – 40 I.R.B. 590, and Notice 2015– 61, 2015–39 I.R.B. 408, respectively. 24-MONTH AVERAGE CORPORATE BOND SEGMENT RATES The three 24-month average corporate bond segment rates applicable for August 2016 without adjustment for the 25-year average segment rate limits are as follows: Applicable Month First Segment Second Segment Third Segment August 20161.513.834.82 Based on § 430(h)(2)(C)(iv), the 24-month averages applicable for August 2016 adjusted to be within the applicable minimum and maximum percentages of the corresponding 25-year average segment rates, are as follows: For Plan Years Beginning In Adjusted 24-Month Average Segment Rates Applicable Month First Segment Second Segment Third Segment 2015August20164.726.116.81 2016August20164.435.916.65 30-YEAR TREASURY SECURITIES INTEREST RATES Generally for plan years beginning af- ter 2007, § 431 specifies the minimum funding requirements that apply to mul- tiemployer plans pursuant to § 412. Sec- tion 431(c)(6)(B) specifies a minimum amount for the full-funding limitation de- scribed in § 431(c)(6)(A), based on the plan’s current liability. Section 431(c) (6)(E)(ii)(I) provides that the interest rate used to calculate current liability for this purpose must be no more than 5 percent above and no more than 10 percent below the weighted average of the rates of inter- est on 30-year Treasury securities during the four-year period ending on the last day 1 Pursuant to § 433(h)(3)(A), the 3 rd segment rate determined under § 430(h)(2)(C) is used to determine the current liability of a CSEC plan (which is used to calculate the minimum amount of the full funding limitation under § 433(c)(7)(C)). August 29, 2016Bulletin No. 2016–35 276 before the beginning of the plan year. Notice 88 –73, 1988 –2 C.B. 383, provides guidelines for determining the weighted average interest rate. The rate of interest on 30-year Treasury securities for July 2016 is 2.23 percent. The Service deter- mined this rate as the average of the daily determinations of yield on the 30-year Treasury bond maturing in May 2046. For plan years beginning in the month shown below, the weighted average of the rates of interest on 30-year Treasury securities and the permissible range of rate used to calculate current liability are as follows: For Plan Years Beginning in 30-Year Treasury Weighted Average Permissible Range MonthYear90%to105% August20162.992.703.14 MINIMUM PRESENT VALUE SEGMENT RATES In general, the applicable interest rates under § 417(e)(3)(D) are segment rates computed without regard to a 24-month average. Notice 2007– 81 provides guide- lines for determining the minimum pres- ent value segment rates. Pursuant to that notice, the minimum present value seg- ment rates determined for July 2016 are as follows: First Segment Second Segment Third Segment 1.363.264.16 DRAFTING INFORMATION The principal author of this notice is Tom Morgan of the Office of the Associ- ate Chief Counsel (Tax Exempt and Gov- ernment Entities). However, other person- nel from the IRS participated in the development of this guidance. For further information regarding this notice, contact Mr. Morgan at 202-317-6700 or Tony Montanaro at 202-317-8698 (not toll-free numbers). Table I Monthly Yield Curve for July 2016 Derived from July 2016 Data MaturityYieldMaturityYieldMaturityYieldMaturityYieldMaturityYield 0.50.7520.53.9340.54.1960.54.2880.54.33 1.00.9621.03.9441.04.1961.04.2881.04.33 1.51.1421.53.9541.54.1961.54.2881.54.33 2.01.2822.03.9642.04.2062.04.2882.04.33 2.51.3822.53.9742.54.2062.54.2982.54.33 3.01.4623.03.9843.04.2063.04.2983.04.33 3.51.5323.53.9943.54.2163.54.2983.54.33 4.01.6124.04.0044.04.2164.04.2984.04.33 4.51.6924.54.0144.54.2164.54.2984.54.33 5.01.7925.04.0145.04.2165.04.2985.04.33 5.51.9025.54.0245.54.2265.54.2985.54.34 6.02.0226.04.0346.04.2266.04.3086.04.34 6.52.1526.54.0446.54.2266.54.3086.54.34 7.02.2927.04.0447.04.2367.04.3087.04.34 7.52.4227.54.0547.54.2367.54.3087.54.34 8.02.5528.04.0648.04.2368.04.3088.04.34 8.52.6828.54.0748.54.2368.54.3088.54.34 9.02.8129.04.0749.04.2469.04.3089.04.34 9.52.9229.54.0849.54.2469.54.3089.54.34 10.03.0330.04.0950.04.2470.04.3190.04.34 Bulletin No. 2016–35August 29, 2016 277 Table I Monthly Yield Curve for July 2016 Derived from July 2016 Data MaturityYieldMaturityYieldMaturityYieldMaturityYieldMaturityYield 10.53.1330.54.0950.54.2470.54.3190.54.34 11.03.2231.04.1051.04.2471.04.3191.04.34 11.53.3131.54.1051.54.2571.54.3191.54.34 12.03.3832.04.1152.04.2572.04.3192.04.35 12.53.4532.54.1252.54.2572.54.3192.54.35 13.03.5233.04.1253.04.2573.04.3193.04.35 13.53.5733.54.1353.54.2573.54.3193.54.35 14.03.6234.04.1354.04.2674.04.3194.04.35 14.53.6634.54.1454.54.2674.54.3294.54.35 15.03.7035.04.1455.04.2675.04.3295.04.35 15.53.7435.54.1555.54.2675.54.3295.54.35 16.03.7736.04.1556.04.2676.04.3296.04.35 16.53.7936.54.1556.54.2776.54.3296.54.35 17.03.8237.04.1657.04.2777.04.3297.04.35 17.53.8437.54.1657.54.2777.54.3297.54.35 18.03.8638.04.1758.04.2778.04.3298.04.35 18.53.8738.54.1758.54.2778.54.3298.54.35 19.03.8939.04.1759.04.2879.04.3299.04.35 19.53.9039.54.1859.54.2879.54.3399.54.35 20.03.9240.04.1860.04.2880.04.33100.04.36 August 29, 2016Bulletin No. 2016–35 278 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarifiedis used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified andclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Supersededdescribes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example, modified and supersededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in ma- terial published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE —Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Bulletin No. 2016–35August 29, 2016 i Numerical Finding List 1 Bulletin 2016 –27 through 2016 –35 Action on Decision: 2016-01, 2016-16 I.R.B.580 2016-02, 2016-31 I.R.B.193 Announcements: 2016-21, 2016-27 I.R.B.8 2016-23, 2016-27 I.R.B.10 2016-24, 2016-30 I.R.B.170 2016-25, 2016-31 I.R.B.205 2016-27, 2016-33 I.R.B.238 2016-28, 2016-34 I.R.B.272 2016-29, 2016-34 I.R.B.272 Notices: 2016-40, 2016-27 I.R.B.4 2016-41, 2016-27 I.R.B.5 2016-42, 2016-29 I.R.B.67 2016-43, 2016-29 I.R.B.132 2016-44, 2016-29 I.R.B.132 2016-45, 2016-29 I.R.B.135 2016-47, 2016-35 I.R.B.276 2016-46, 2016-31 I.R.B.202 2016-48, 2016-33 I.R.B.235 2016-49, 2016-34 I.R.B.265 Proposed Regulations: REG-102516-15, 2016-32 I.R.B.231 REG-103058-16, 2016-33 I.R.B.238 REG-109086-15, 2016-30 I.R.B.171 REG-101689-16, 2016-30 I.R.B.170 REG-123854-12, 2016-28 I.R.B.15 REG-134016-15, 2016-31 I.R.B.205 REG-131418-14, 2016-33 I.R.B.248 REG-147196-07, 2016-29 I.R.B.32 Revenue Procedures: 2016-37, 2016-29 I.R.B.136 2016-39, 2016-30 I.R.B.164 2016-40, 2016-32 I.R.B.228 2016-41, 2016-30 I.R.B.165 2016-42, 2016-34 I.R.B.269 Revenue Rulings: 2016-17, 2016-27 I.R.B.1 2016-18, 2016-31 I.R.B.194 2016-19, 2016-35 I.R.B.273 Treasury Decisions: 9773, 2016-29 I.R.B.56 9774, 2016-30 I.R.B.151 9775, 2016-30 I.R.B.159 9776, 2016-32 I.R.B.222 9778, 2016-31 I.R.B.196 9779, 2016-33 I.R.B.233 9781, 2016-35 I.R.B.274 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2016 – 01 through 2016 –26 is in Internal Revenue Bulletin 2016 –26, dated June 27, 2016. August 29, 2016Bulletin No. 2016–35 ii Finding List of Current Actions on Previously Published Items 1 Bulletin 2016 –27 through 2016 –35 Notices: 2013-1 Modified by Notice 2016-41, 2016-27 I.R.B.5 2013-1 Superseded by Notice 2016-41, 2016-27 I.R.B.5 Revenue Procedures: 2007-44 Clarified by Rev. Proc. 2016-37, 2016-29 I.R.B.136 2007-44 Modified by Rev. Proc. 2016-37, 2016-29 I.R.B.136 2007-44 Superseded by Rev. Proc. 2016-37, 2016-29 I.R.B.136 2015-36 Modified by Rev. Proc. 2016-37, 2016-29 I.R.B.136 2016-3 Modified by Rev. Proc. 2016-40, 2016-32 I.R.B.228 2016-29 Modified by Rev. Proc. 2016-39, 2016-30 I.R.B.164 Treasury Decisions: 2014-12 Modified by T.D. 9776 2016-32 I.R.B.222 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2016 – 01 through 2016 –26 is in Internal Revenue Bulletin 2016 –26, dated June 27, 2016. Bulletin No. 2016–35August 29, 2016 iii INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available atwww.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224. Internal Revenue Service Washington, DC 20224 Official Business Penalty for Private Use, $300
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.