us-irs-revenue-rulings-irb-2012-26-pdf•Internal Revenue Bulletin 2012-26 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2012-26 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2012-26-pdfInternal Revenue Bulletin 2012-26 (PDF rendition): IRS Revenue RulingsGuidance
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Bulletin No. 201 2-26 June 25, 2012 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. 2012–16, page 1035. Interest rates; underpayments and overpayments.The rates for interest determined under section 6621 of the Code for the calendar quarter beginning July 1, 2012, will be 3 per- cent for overpayments (2 percent in the case of a corporation), 3 percent for the underpayments, and 5 percent for large cor- porate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 0.5 percent. Notice 2012–40, page 1046. This notice provides guidance on the limits in section 125(i) of the Code on salary reduction contributions to health flexi- ble spending arrangements, effective for cafeteria plan years beginning after December 31, 2012, and also requests com- ments on possible modification to the “use-or-lose” rule in the proposed section 125 regulations. Notice 2012–42, page 1049. Credit for carbon dioxide sequestration; 2012 section 45Q inflation adjustment factor.This notice publishes the inflation adjustment factor for the carbon dioxide (CO2) seques- tration credit under section 45Q of the Code for calendar year 2012. EMPLOYEE PLANS Notice 2012–43, page 1050. Weighted average interest rate update; corporate bond indices; 30-year Treasury securities; segment rates. This notice contains updates for the corporate bond weighted average interest rate for plan years beginning in June 2012; the 24-month average segment rates; the funding transitional segment rates applicable for June 2012; and the minimum present value transitional rates for May 2012. EMPLOYMENT TAX Rev. Rul. 2012–18, page 1032. Tips included for both employee and employer taxes. This ruling provides guidance for employers and employees in a question and answer format regarding taxes imposed on tips under the Federal Insurance Contributions Act (FICA), in- cluding information on the difference between tips and service charges, the reporting of the employer share of FICA under section 3121(q) of the Code, and the section 45B credit. See related Announcement 2012–25, published elsewhere in this Bulletin. Rev. Rul. 95–7 modified and superseded. Announcement 2012–25, page 1054. This announcement is seeking comments from the public re- garding an interim guidance memo (IGM) issued to its examin- ers relating to Rev. Rul. 2012–18, published elsewhere in this Bulletin. The IGM provides audit issue direction to examiners in dealing with issues concerning the proper treatment of tips and service charges. This announcement also announces plans to solicit comments in the future regarding possible changes to voluntary tip compliance agreements. (Continued on the next page) Fi nding Lists begin on page ii. Index for January through June begins on page vi. ADMINISTRATIVE Rev. Rul. 2012–18, page 1032. Tips included for both employee and employer taxes. This ruling provides guidance for employers and employees in a question and answer format regarding taxes imposed on tips under the Federal Insurance Contributions Act (FICA), in- cluding information on the difference between tips and service charges, the reporting of the employer share of FICA under section 3121(q) of the Code, and the section 45B credit. See related Announcement 2012–25, published elsewhere in this Bulletin. Rev. Rul. 95–7 modified and superseded. Notice 2012–41, page 1048. This notice provides an extension of time to pay under section 6651 of the Code to eligible civilian spouses of military service- members who work in American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the U.S. Virgin Islands (each a “U.S. territory”) and claim residence or domicile for tax pur- poses in a State or the District of Columbia pursuant to the Military Spouses Residency Relief Act (“MSRRA”), for tax year 2011 and subsequent tax years. In addition, this notice pro- vides that civilian spouses of military servicemembers working in a State or the District of Columbia but claiming residence or domicile for tax purposes in a U.S. territory under MSRRA should follow the procedures described in Notice 2010–30 with respect to their individual income tax returns for tax year 2011 and subsequent tax years. June 25, 20122012–26 I.R.B. 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. 2012–26 I.R.B.June 25, 2012 June 25, 20122012–26 I.R.B. Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 3121.—Tips Included for Both Employee and Employer Taxes Tips included for both employee and employer taxes.This ruling provides guidance for employers and employees in a question and answer format regarding taxes imposed on tips under the Federal Insurance Contributions Act (FICA), in- cluding information on the difference between tips and service charges, the re- porting of the employer share of FICA under section 3121(q) of the Code, and the section 45B credit. See related Announce- ment 2012–25, published elsewhere in this Bulletin. Rev. Rul. 95–7 modified and superseded. Rev. Rul. 2012–18 The purpose of this revenue ruling is to clarify and update guidelines first pre- sented in Rev. Rul. 95–7, 1995–1 C.B. 185, concerning the taxes imposed on tips under the Federal Insurance Contributions Act (FICA) and the notice and demand un- der section 3121(q) of the Internal Rev- enue Code (Code). Sections 3101 and 3111 of the Code im- pose FICA taxes on employees and em- ployers, respectively, equal to a percent- age of the wages received by an individual with respect to employment. FICA taxes consist of two separate taxes, the Old Age, Survivors, and Disability Insurance (social security) tax and the Hospital Insurance (Medicare) tax. The amount of wages sub- ject to social security tax is limited by an annual contribution and benefit base; how- ever, all wages are subject to Medicare tax. Section 3121(a) of the Code defines “wages” for FICA tax purposes as all remuneration for employment, with cer- tain exceptions. Section 3121(a)(12)(A) excludes from the definition of wages tips paid in any medium other than cash; section 3121(a)(12)(B) excludes cash tips received by an employee in any calendar month in the course of the employee’s employment by an employer unless the amount of the cash tips is $20 or more. Employer FICA Obligations.Under section 3121(q) of the Code, tips received by an employee in the course of the em- ployee’s employment are considered re- muneration for that employment and are deemed to have been paid by the employer for purposes of the employer share of FICA taxes imposed by sections 3111(a) and (b), that is, social security tax and Medicare tax, respectively. The remuner- ation is deemed to be paid when a written statement including the tips is furnished to the employer by the employee pursuant to section 6053(a), discussed below. Section 3111 of the Code requires the employer to pay social security tax on the amount of cash tips received by the em- ployee up to and including the contribu- tion and benefit baseas determined un- der section 3121(a)(1) and to pay Medi- care tax on the total amount of cash tips received by the employee. However, if the employee either did not furnish the state- ment pursuant to section 6053(a) or if the statement furnishedwas inaccurate or in- complete, in determining the employer’s liability in connection with the taxes im- posedbysection3111withrespecttothe tips, section 3121(q) provides that the re- muneration is deemed, for purposes of sub- title F (Procedure and Administration), to be paid on the date on which notice and de- mand for the taxes is made to the employer by the Internal Revenue Service (Service). Employee FICA Obligations.Under section 3121(q) of the Code, for purposes of the employee share of FICA taxes im- posed by sections 3101(a) and (b), tips that are properly reported to the employer pur- suant to section 6053(a) are deemed to be paid at the time a written statement is fur- nished to the employer pursuant to section 6053(a). Unreportedtips received by the employee are deemed to be paid to the em- ployee when actually received by the em- ployee. Section 6053(a) of the Code requires every employee who, in the course of the employee’s employment by an employer, receives in any calendar month tips that are wages (as defined in section 3121(a) for FICA tax purposes or section 3401(a) for income tax withholding purposes) to report all those tips in one or more writ- ten statements furnished to the employer on or before the 10th day of the follow- ing month. The employee is to furnish the statements in the form and manner pre- scribed by the Service.See§ 31.6053–1(b) of the Employment Tax Regulations. Credit for Employer Share of FICA Taxes Paid.Section45B(a)oftheCode provides that, for purposes of the general business credit under section 38, the credit for employer social security and Medicare taxes paid on certain employee tips is an amount equal to the “excess employer social security tax” paid or incurred by the employer. The term “excess employer social security tax” means any tax paid by an employer under section 3111 (both social security tax and Medicare tax) on its employees’ tip income without regard to whether the employees reported the tips to the employer pursuant to section 6053(a). Consequently, the section 45B credit is available with respectto unreported tips in an amount equal to the “excess employer social security tax” paid or incurred by the employer. No credit, however, is allowed to the extent tips are used to meet the federal minimum wage rate. For purposes of this limitation, the federal minimum wage rate is the rate that was in effect on January 1, 2007. The credit is available with respect to FICA taxes paid on tips received from customers in connection with the providing, delivering, or serving of food or beverages for consumption, if it is customary for customers to tip the employees. QUESTIONS AND ANSWERS IN GENERAL Q1. Is the characterization of a payment as a “tip” by the employer determinative for FICA tax purposes under section 3121 of the Code? A1. No. The employer’s characteriza- tion of a payment as a “tip” is not deter- minative. For example, an employer may characterize a payment as a tip, when in fact the payment is a service charge. The criteria of Rev. Rul. 59–252, 1959–2 C.B. 215, should be applied to determine whether a payment made in the course of employment is a tip or non-tip wages un- der section 3121 of the Code. The rev- enue ruling provides that the absence of 2012–26 I.R.B.1032June 25, 2012 any of the following factors creates a doubt as to whether a payment is a tip and indi- cates that the payment may be a service charge: (1) the payment must be made free from compulsion; (2) the customer must have the unrestricted right to deter- mine the amount; (3) the payment should not be the subject of negotiation or dic- tated by employer policy; and (4) gener- ally, the customer has the right to deter- mine who receives the payment. All of the surrounding facts and circumstances must be considered. For example, Rev. Rul. 59–252 holds that the payment of a fixed charge imposed by a banquet hall that is distributed to the employees who ren- der services (e.g., waiter, busser, and bar- tender) is a service charge and not a tip. Thus, to the extent any portion of a service charge paid by a customer is distributed to an employee it is wages for FICA tax pur- poses. The application of the factors is illus- trated by the following two common ex- amples: Example A: Restaurant W’s menu specifies that an 18% charge will be added to all bills for parties of 6 or more customers. Customer D’s bill for food and beverages for her party of 8 includes an amount on the “tip line” equal to 18% of the price for food and bever- ages and the total includes this amount. Restaurant W distributes this amount to the waitresses and bussers. Under these circumstances, Customer D did not have the unrestricted right to determine the amount of the payment because it was dictated by employer policy. Customer D did not make the payment free from com- pulsion. The 18% charge is not a tip within the mean- ing of section 3121 of the Code. The amount included on the tip line is a service charge dictated by Restau- rant W. Example B: Restaurant X includes sample calcu- lations of tip amounts beneath the signature line on its charge receipts for food and beverages provided to customers. The actual tip line is left blank. Customer G’s charge receipt shows sample tip calculations of 15%, 18% and 20% of the price of food and bever- ages. Customer G inserts the amount calculated at 15% on the tip line and adds this amount to the price of food and beverages to compute the total. Under these circumstances, Customer G was free to enter any amount on the tip line or leave it blank; thus, Cus- tomer G entered the 15% amount free from compul- sion. Customer G and Restaurant X did not negotiate the amount nor did Restaurant X dictate the amount. Customer G generally determined who would get the amount. The amount Customer G entered on the tip line is a tip within the meaning of section 3121 of the Code. Q2. Whattipsmustbereportedtothe employer? A2. All cash tips received by an em- ployee are wages for FICA tax purposes and, therefore, must be reported to the em- ployer unless the cash tips received by the employee during a single calendar month while working for the employer total less than $20. If an employee works for more than one employer during a month and re- ceives less than $20 in tips while working for each employer, no tips are required to be reported to any of the employers. Cash tips include tips received from customers, charged tips (e.g., credit and debit card charges) distributed to the employee by his or her employer, and tips received from other employees under any tip-sharing ar- rangement. Thus, both directly and indi- rectly tipped employees must report tips received to their employer. Non-cash tips (i.e., tips received by an employee in any other medium than cash, such as passes, tickets, or other goods or commodities) from customers are not wages for FICA tax purposes and are not reported to the em- ployer. All cash tips and non-cash tips are includable in an employee’s gross income and subject to federal income taxes. Q3. How are tips reported by the em- ployee to the employer? A3. The employee must give the em- ployer a written statement (or statements) of cash tips by the 10th day of the month after the month in which the tips are re- ceived. Form 4070,Employee’s Report of Tips to Employer, is available for this purpose and may be found in Publication 1244,Employee’s Daily Record of Tips and Report to Employer. The statement may be furnished on paper or transmitted electronically.See§ 31.6053–1(b) of the regulations. Q4. How are FICA taxes paid on tips which are reported to the employer by the employee? A4. The employer withholds the em- ployee share of FICA taxes on the reported tips from the wages of the employee (other than tips) or from other funds made available by the employee for this pur- pose.Seesection 3102(c) of the Code and §§ 31.3102–3 and 31.3402(k)–1(c) of the regulations. The employer pays both em- ployer and employee shares of FICA taxes in the same manner as the taxes on the employee’s non-tip wages and includes the reported tips on the employee’s Form W–2,Wage and Tax Statement.The em- ployer makes a current period adjustment on Form 941,Employer’s QUARTERLY Federal Tax Return, to reflect any uncol- lected employee FICA taxes on reported tips. The employer reports any uncollected employee FICA taxes on the employee’s Form W–2,Wage and Tax Statement.The employee must report these amounts as additional tax on the employee’s Form 1040,U.S. Individual Income Tax Return (or other applicable return in the Form 1040 series). EMPLOYEE Q5. If an employee fails to report tips to his or her employer, is the employee liable for the employee share of FICA taxes on those unreported tips? A5. Yes. The employee is liable for the employee share of FICA taxes on the unreported tips. The employee pays his or her share of FICA taxes by completing Form 4137,Social Security and Medicare TaxonUnreportedTipIncome, and filing it with Form 1040 (or other applicable return in the Form 1040 series) for the year in which the tips are actually received by the employee. Q6. Which year’s social security and Medicare rates and social security contri- bution and benefit base apply to compute the employee’s FICA tax liability on unre- ported tips? A6. The social security and Medicare rates and the social security contribution and benefit base applicable to the calen- dar year in which the tips were actually received apply to compute the employee’s FICA tax liability. Form 4137 includes the applicable social security and Medi- care rates and social security contribution and benefit base. The employer is not liable to withhold and pay the employee share of FICA taxes on the unreported tips. Q7. Are employees who fail to report tips to their employers subject to a penalty? A7. Yes. Under section 6652(b) of the Code, an employee who fails to report tips requiredtobereportedtoanemployeris subject to a penalty equal to 50 percent of the employee share of FICA taxes on those tips, unless the employee can provide a satisfactory explanation showing that the failure was due to reasonable cause and not due to willful neglect. The explana- tion must be made in the form of a written statement setting forth all the facts alleged as a reasonable cause. This statement can be attached to the employee’s Form 1040 (SeeForm 4137). If the statement is sub- mitted in response to a notice regarding June 25, 201210332012–26 I.R.B. a proposed penalty assessment, the state- ment must contain a declaration that it is made under the penalties of perjury. EMPLOYER Q8. If an employee fails to report tips to his or her employer, is the employer liable for the employee and employer shares of FICA taxes on those unreported tips? A8. If an employee fails to report tips to his or her employer, the employer is not li- able for the employer share of FICA taxes on the unreported tips until notice and de- mand for the taxes is made to the employer by the Service. The employer is not liable to withhold and pay the employee share of FICA taxes on the unreported tips. Q9. How is notice and demand made under section 3121(q) of the Code? A9. There is no specific form or pro- cedure prescribed for a Section 3121(q) Notice and Demand. Notice and demand is made by the Service when it advises the employer in writing of the amount of tips received by an employee (or employ- ees) who failed to report or underreported tips to the employer. Although no specific form is prescribed, a document will con- stitute a Section 3121(q) Notice and De- mand if it (1) includes the words “notice and demand” and “section 3121(q),” (2) states the amount of tips received by the employee (or employees), and (3) states the period to which the tips relate. How- ever, a document including such informa- tion will not constitute a Section 3121(q) Notice and Demand if it states that it is not a notice and demand. Q10. How does an employer that files Form 941 report the section 3121(q) FICA tax liability after notice and demand is made? A10. The employer reports the amount of the section 3121(q) FICA tax liability as a current period liability for FICA taxes on the employer’s Form 941 for the calen- dar quarter in which notice and demand is made. Employers should consult the In- structions for Form 941 to determine the correct line entry on Form 941. The em- ployer must also include the amount of the section 3121(q) FICA tax liability on the appropriate line of the record of federal tax liability (Part 2 of Form 941 for a monthly depositor or Schedule B (Form 941) for a semi-weekly depositor) corresponding to the date of the Section 3121(q) Notice and Demand. Q11. Which year’s social security and Medicare rates and social security contri- bution and benefit base apply to compute the employer’s FICA tax liability on unre- ported tips? A11. The social security and Medicare rates and the social security contribution and benefit base applicable to the calen- dar year in which the tips were actually received apply to compute the employer’s FICA tax liability. The Service will com- pute the employer’s liability, and include a calculation worksheet with the Section 3121(q) Notice and Demand. Q12. If the Service determines that an employer’s employees have unreported tips and issues a Section 3121(q) Notice and Demand to the employer, what is the period of limitations for the Service to as- sess the employer share of FICA taxes? A12. Generally, the period of limita- tions for assessment under section 6501 of the Code is 3 years after the due date of the return or the date the return was filed, whichever is later. However, section 6501(b)(2) provides that employment tax returns reporting FICA taxes for any pe- riod ending with or within a calendar year filed before April 15 of the succeeding cal- endar year are deemed filed on April 15 of such succeeding calendar year. As a general rule, the Service must as- sess the employer FICA taxes on the un- reported tips within 3 years after April 15 of the calendar year following the year in which the Section 3121(q) Notice and De- mand is made. For example, if the notice and demand is dated December 31, 2012, theliabilityisrequiredtobereportedon Form 941 for the fourth quarter of 2012, due on January 31, 2013. If the employer timely files Form 941, the period of lim- itations for assessment ends on April 15, 2016. However, if the employer did not file its Form 941 for the fourth quarter of 2012 before April 15 of the succeeding calendar year (April 15, 2013) and instead filed on May 10, 2013, the Service must assess the employer FICA taxes by May 10, 2016, the date 3 years after the date the return was filed. If the employer files a false or fraudu- lent Form 941 for the quarter in which the liabilityisrequiredtobereportedorfailsto file Form 941 for thatquarter, the Service can assess the additional employer FICA taxes on the unreported tips at any time. These assessment periods apply whether or not the employer accurately re- ports the liability on Form 941 as required by Q&A 10 above. Q13. Is the employer liable for interest on the employer’s FICA tax liability for unreported tips? A13. Generally, no. If the employer pays the tax on or before the due date of the Form 941 for the quarter during which no- tice and demand is made, the employer is not liable for interest. If the employer does not pay the tax by the due date of the re- turn, interest will accrue on the underpay- ment from the due date of the return. Q14. Is the employer required to de- posit FICA taxes due on the unreported tips shown on the Section 3121(q) Notice and Demand? A14. Yes. The employer must make de- posits pursuant to section 6302 of the Code and § 31.6302–1 of the regulations. For purposes of applying the deposit rules, the amount of employer FICA taxes shown on the Section 3121(q) Notice and Demand, is treated as employment taxes accumu- latedbytheemployeronthedatetheSec- tion 3121(q) Notice and Demand is made, which is the date printed on the notice and demand document. The Service generally intends to notify an employer at least 30 calendar days in advance of the issuance of a Section 3121(q) Notice and Demand. Q15. Is the section 45B credit, with re- spect to the tips reported on the Section 3121(q) Notice and Demand, available to the employer in the year the notice and demand is made or the year in which the unreported tips were received by the em- ployee? A15. The section 45Bcredit is applied to the taxable year that the “excess social security tax” amount is paid or incurred. The section 45B(b)(1) definition of “ex- cess social security tax” is limited to tips that “are deemed to have been paid by the employer to the employee pursuant to sec- tion 3121(q).” Under this definition of “ex- cess social security tax,” such tax cannot be paid or incurred prior to the time that the tip amounts are deemed to have been paid under section 3121(q), which occurs on the date on which notice and demand for the employer share of FICA taxes is made to the employer. Therefore, the section 45B credit is available to the employer in the 2012–26 I.R.B.1034June 25, 2012 year the Section 3121(q) Notice and De- mand is made and not the year in which the unreported tips were received by the employee. The credit is claimed on Form 8846,Credit for Employer Social Security and Medicare Taxes Paid on Certain Em- ployee Tips. EFFECT ON OTHER REVENUE RULING(S) Rev. Rul. 95–7 is modified and super- seded. DRAFTING INFORMATION The principal author of this revenue ruling is Linda L. Conway-Hataloski of the Office of Division Counsel/Associate Chief Counsel (Tax Exempt & Government Entities).For further information regarding this revenue ruling, contact Linda L. Conway-Hataloski at 202–622–0047 (not a toll-free call). Section 6621.—Determina- tion of Rate of Interest 26 CFR 301.6621–1: Interest rate. Interest rates; underpayments and overpayments.The rates for interest de- termined under section 6621 of the Code for the calendar quarter beginning July 1, 2012, will be 3 percent for overpayments (2 percent in the case of a corporation), 3 percent for the underpayments, and 5 per- cent for large corporate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 0.5 percent. Rev. Rul. 2012–16 Section 6621 of the Internal Revenue Code establishes the interest rates on over- payments and underpayments of tax. Un- der section 6621(a)(1), the overpayment rate is the sum of the federal short-term rate plus 3 percentage points (2 percent- age points in the case of a corporation), ex- cept the rate for the portion of a corporate overpayment of tax exceeding $10,000 for a taxable period is the sum of the federal short-term rate plus 0.5 of a percentage point. Under section 6621(a)(2), the un- derpayment rate is the sum of the federal short-term rate plus 3 percentage points. Section 6621(c) provides that for pur- poses of interest payable under section 6601 on any large corporate underpay- ment, the underpayment rate under section 6621(a)(2) is determined by substituting “5 percentage points” for “3 percentage points.” See section 6621(c) and section 301.6621–3 of the Regulations on Proce- dure and Administration for the definition of a large corporate underpayment and for the rules for determining the appli- cable date. Section 6621(c) and section 301.6621–3 are generally effective for periods after December 31, 1990. Section 6621(b)(1) provides that the Secretary will determine the federal short-term rate for the first month in each calendar quarter. Section 6621(b)(2)(A) provides that the federal short-term rate determined under section 6621(b)(1) for any month applies during the first calen- dar quarter beginning after that month. Section 6621(b)(3) provides that the fed- eral short-term rate for any month is the federal short-term rate determined during that month by the Secretary in accordance with section 1274(d), rounded to the near- est full percent (or, if a multiple of 1 /2of 1 percent, the rate is increased to the next highest full percent). Notice 88–59, 1988–1 C.B. 546, an- nounced that, in determining the quarterly interest rates to be used for overpayments and underpayments of tax under section 6621, the Internal Revenue Service will use the federal short-term rate based on daily compounding because that rate is most consistent with section 6621 which, pursuant to section 6622, is subject to daily compounding. The federal short-term rate determined in accordance with section 1274(d) dur- ing April 2012 is the rate published in Revenue Ruling 2012–13, 2012–19 I.R.B. 878, to take effect beginning May 1, 2012. The federal short-term rate, rounded to the nearest full percent, based on daily com- pounding determined during the month of April 2012 is 0 percent. Accordingly, an overpayment rate of 3 percent (2 percent in the case of a corporation) and an under- payment rate of 3 percent are established for the calendar quarter beginning July 1, 2012. The overpayment rate for the por- tion of a corporate overpayment exceeding $10,000 for the calendar quarter beginning July 1, 2012, is 0.5 percent. The under- payment rate for large corporate underpay- ments for the calendar quarter beginning July 1, 2012, is 5 percent. These rates ap- ply to amounts bearing interest during that calendar quarter. The 3 percent rate also applies to esti- mated tax underpayments for the third cal- endar quarter in 2012. Interest factors for daily compound in- terest for annual rates of 0.5 percent are published in Appendix A of this Revenue Ruling. Interest factors for daily com- pound interest for annual rates of 2 percent, 3 percent and 5 percent are published in Ta- bles 57, 59, and 63 of Rev. Proc. 95–17, 1995–1 C.B. 611, 613, and 617. Annual interest rates to be compounded daily pursuant to section 6622 that apply for prior periods are set forth in the tables accompanying this revenue ruling. DRAFTING INFORMATION The principal author of this revenue rul- ing is A.M. Gulas of the Office of Asso- ciate Chief Counsel (Procedure & Admin- istration). For further information regard- ing this revenue ruling, contact Ms. Gulas at (202) 622–4570 (not a toll-free call). June 25, 201210352012–26 I.R.B. APPENDIX A 365 Day Year 0.5% Compound Ra te 184 Days DaysFactorDaysFactorDaysFactor 10.000013699630.000863380 125 0.001713784 20.000027397640.000877091126 0.001727506 30.000041096 65 0.0008908011270.001741228 4 0.000054796 66 0.000904512 128 0.001754951 50.000068495 670.0009182231290.001768673 6 0.000082195 680.0009319341300.001782396 7 0.000095894 69 0.000945646 1310.001796119 8 0.000109594 70 0.000959357 1320.001809843 90.000123294710.000973069133 0.001823566 10 0.000136995 720.0009867811340.001837290 11 0.000150695 730.001000493 1350.001851013 120.000164396740.0010142061360.001864737 130.00017809 7 75 0.00102791 8 1370.00187846 2 140.000191798760.0010416311380.001892186 150.0002054 99 77 0.0010553 44 139 0.0019059 10 160.0002192 01 78 0.001069057 140 0.001919635 170.000232902790.0010827701410.001933360 180.000246604800.001096484142 0.001947 085 190.000260 306 810.001110 197 1430.001960 811 200.000274008820.001123911144 0.001974536 210.00028771183 0.001137 625 145 0.001988262 220.000301 413 84 0.001151339 1460.002001 988 23 0.000315116850.001165054 147 0.002015714 240.000328819860.0011787681480.002029440 250.000342522 870.00119 2483 1490.00204 3166 26 0.000356225 880.001206198 1500.002056893 270.000369929890.001219913 151 0.002070620 280.0003 83633 900.0012 33629 152 0.0020 84347 290.000397336910.001247344 153 0.002098074 300.000411041920.001261060 154 0.002111801 31 0.000424745 930.001 274776 1550.002125529 320.000438449940.001288492 1560.002139257 33 0.00 0452154 95 0.001302208 1570.00 2152985 34 0.000465859 96 0.001315925158 0.00 2166713 350.000479564 970.001329641 159 0.002180441 360.00049326998 0.0 01343358 1600.002194169 37 0.000506974 99 0.001357075 1610.0 02207898 38 0.000520680 1000.0013707921620.002221627 39 0.0 00534386 101 0.0 01384510 163 0.0 02235356 40 0.000548092 10 2 0. 001398227 16 4 0.002249085 41 0.000561798 103 0.0014119451650.002262815 42 0. 000575504 104 0. 001425663 166 0. 002276544 43 0.000589211105 0. 001439381 16 7 0. 002290274 440.000602917106 0.001453100 1680.002304004 4 5 0.0006166241070.0014668181690.002317734 4 6 0 .000630331 1 08 0.001480537 1 70 0.002331465 470.000644039109 0.001494256 171 0.002345195 48 0.000657746 110 0.001507975 172 0.002358926 49 0.000671454 111 0.001521694 173 0.002372657 500.000685161 112 0.001535414 1740.002386388 51 0.000698869113 0.001549133175 0.002400120 520.000712578 114 0.001562853 176 0.002413851 53 0.000726286 1150.001576573 177 0.002427583 540.000739995 116 0.001590293 178 0.002441315 550.000753703 1170.001604014179 0.002455047 56 0.0007674121180.0016177341800.002468779 2012–26 I.R.B.1036June 25, 2012 365 Day Year 0.5% Compound Rate 184 Days – Continued DaysFactorDaysFactorDaysFactor 57 0.000781121119 0.001631455 181 0.002482511 58 0.000794831120 0.001645176 1820.002496244 590.000808540 121 0.001658897 183 0.002509977 60 0.000822250 1220.001672619184 0.002523710 61 0.000835960 1230.001686340 620.0008496701240.001700062 365 Day Year 0.5% Compound Rate 184 Days DaysFactorDaysFactorDaysFactor 10.000013661630.000861020 125 0.001709097 20.000027323640.0008746931260.001722782 30.000040984 65 0.0008883661270.001736467 4 0.000054646 660.000902040128 0.001750152 5 0.00006830867 0.000915713 1290.001763837 60.000081970680.000929387130 0.001777522 7 0.000095632 690.0009430611310.001791208 8 0.000109295 70 0.000956735 1320.001804893 9 0.000122958 710.000970409133 0.001818579 100.000136620720.000984084134 0.001832265 11 0.000150283 73 0.0009977581350.001845951 120.000163947740.001011433136 0.001859638 130.000177610 750.001025108 1370.001873324 140.000191274760.0010387831380.001887011 15 0.00020493877 0.001052459 1390.001900698 160.000218602780.001066134140 0.001914385 170.000232266790.0010798101410.001928073 18 0.000245930 800.0010934861420.001941760 19 0.000259595 810.001107162143 0.001955448 200.000273260820.0011208391440.001969136 210.00028692483 0.001134515145 0.001982824 22 0.000300590 840.001148192146 0.001996512 23 0.00031425585 0.0011618691470.002010201 240.00032792086 0.001175546 1480.002023889 250.000341586 870.001189223149 0.002037578 26 0.000355252 880.001202900 1500.002051267 270.00036891889 0.0012165781510.002064957 28 0.000382584 90 0.001230256152 0.002078646 29 0.000396251 910.001243934 153 0.002092336 300.00040991792 0.0012576121540.002106025 31 0.000423584 930.001271291 1550.002119715 32 0.000437251 940.001284969 1560.002133405 33 0.00045091895 0.001298648 157 0.002147096 34 0.000464586 960.001312327 158 0.002160786 350.000478253 970.001326006 159 0.002174477 360.00049192198 0.001339685 1600.002188168 37 0.000505589 99 0.001353365 161 0.002201859 38 0.000519257 1000.001367044162 0.002215550 39 0.000532925 1010.0013807241630.002229242 40 0.000546594 1020.0013944041640.002242933 41 0.000560262 103 0.0014080851650.002256625 42 0.000573931 104 0.001421765 1660.002270317 43 0.0005876001050.001435446 1670.002284010 440.0006012691060.0014491271680.002297702 45 0.0006149391070.001462808169 0.002311395 June 25, 201210372012–26 I.R.B. 365 Day Year 0.5% Compound Rate 184 Days – Continued DaysFactorDaysFactorDaysFactor 460.0006286081080.001476489170 0.002325087 470.0006422781090.0014901701710.002338780 48 0.000655948 110 0.001503852 172 0.002352473 490.000669618111 0.001517533 1730.002366167 50 0.000683289112 0.001531215 1740.002379860 510.000696959 113 0.0015448971750.002393554 52 0.000710630114 0.001558580 1760.002407248 53 0.000724301 1150.001572262 1770.002420942 54 0.000737972116 0.001585945 1780.002434636 550.000751643 117 0.001599628 1790.002448331 560.000765315 1180.001613311180 0.002462025 57 0.0007789861190.001626994181 0.002475720 580.000792658 1200.001640678182 0.002489415 59 0.000806330121 0.001654361 183 0.002503110 600.000820003122 0.001668045 184 0.002516806 61 0.000833675 1230.001681729 620.000847348124 0.001695413 TABLE OF INTEREST RATES PERIODS BEFORE JUL. 1, 1975 — PERIODS ENDING DEC. 31, 1986 OVERPAYMENTS AND UNDERPAYMENTS PERIODRATE In 1995–1 C.B. DAILY RATE TABLE Before Jul. 1, 1975 6% Table 2, pg. 557 Jul. 1, 1975—Jan. 31, 1976 9% Table 4, pg. 559 Feb. 1, 1976—Jan. 31, 19787% Table 3, pg. 558 Feb. 1, 1978—Jan. 31, 19806% Table 2, pg. 557 Feb. 1, 1980—Jan. 31, 198212% Table 5, pg. 560 Feb. 1, 1982—Dec. 31, 198220% Table 6, pg. 560 Jan. 1, 1983—Jun. 30, 198316% Table 37, pg. 591 Jul. 1, 1983—Dec. 31, 198311% Table 27, pg. 581 Jan. 1, 1984—Jun. 30, 198411% Table 75, pg. 629 Jul. 1, 1984—Dec. 31, 198411% Table 75, pg. 629 Jan. 1, 1985—Jun. 30, 1985 13% Table 31, pg. 585 Jul. 1, 1985—Dec. 31, 1985 11% Table 27, pg. 581 Jan. 1, 1986—Jun. 30, 198610% Table 25, pg. 579 Jul. 1, 1986—Dec. 31, 19869% Table 23, pg. 577 TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1987—Mar. 31, 19878%21 575 9%23 577 Apr. 1 , 1987—Jun. 30, 1987 8%21 575 9%23 577 Jul. 1, 1987—Sep. 30, 19878%21 575 9%23 577 Oct. 1, 1987—Dec. 31, 19879%23 577 10% 25579 Jan. 1, 1988—Mar. 31, 1988 10%7362711% 75 629 Apr. 1, 1988—Jun. 30, 19889%71 625 10%73627 Jul. 1, 1988—Sep. 30, 19889%71 625 10%73627 2012–26 I.R.B.1038June 25, 2012 TABLE OF INTEREST RATES FROM JAN. 1, 1987 — DEC. 31, 1998 – Continued OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Oct. 1, 1988—Dec. 31, 198810%7362711% 75 629 Jan. 1, 1989—Mar. 31, 198910% 25579 11%27 581 Apr. 1, 1989—Ju n. 30, 1989 11%27 581 12%29 583 Jul. 1, 1989—Sep. 30, 198911%27 581 12%29 583 Oct. 1, 1989—Dec. 31, 198910% 25579 11%27 581 Jan. 1, 1990—M ar. 31, 1990 10% 25579 11%27 581 Apr. 1, 1990—Jun. 30, 199010% 25579 11%27 581 Jul. 1, 1990—Sep. 30, 199010% 25579 11%27 581 Oct. 1, 1990— Dec. 31, 1990 10% 25579 11%27 581 Jan. 1, 1991—Mar. 31, 199110% 25579 11%27 581 Apr. 1, 1991—Jun. 30, 19919%23 577 10% 25579 Jul. 1, 1991 —Sep. 30, 1991 9%23 577 10% 25579 Oct. 1, 1991—Dec. 31, 19919%23 577 10% 25579 Jan. 1, 1992—Mar. 31, 19928%696239%71 625 Apr. 1, 1992 —Jun. 30, 1992 7%676218%69623 Jul. 1, 1992—Sep. 30, 19927%676218%69623 Oct. 1, 1992—Dec. 31, 19926% 65 6197%67621 Jan. 1, 19 93—Mar. 31, 1993 6%17 571 7%19 573 Apr. 1, 1993—Jun. 30, 19936%17 571 7%19 573 Jul. 1, 1993—Sep. 30, 19936%17 571 7%19 573 Oct. 1, 19 93—Dec. 31, 1993 6%17 571 7%19 573 Jan. 1, 1994—Mar. 31, 19946%17 571 7%19 573 Apr. 1, 1994—Jun. 30, 19946%17 571 7%19 573 Jul. 1, 1 994—Sep. 30, 1994 7%19 573 8%21 575 Oct. 1, 1994—Dec. 31, 19948%21 575 9%23 577 Jan. 1, 1995—Mar. 31, 1995 8%21 575 9%23 577 Apr. 1, 1995—Jun. 30, 1995 9%23 577 10% 25579 Jul. 1, 1995—Sep. 30, 1995 8%21 575 9%23 577 Oct. 1 , 1995—Dec. 31, 1995 8%21 575 9%23 577 Jan. 1 , 1996—Mar. 31, 1996 8%696239%71 625 Apr. 1, 1996—Jun. 30, 19967%676218%69623 Jul. 1, 1996—Sep. 30, 19968%696239%71 625 Oct. 1, 1996—Dec. 31, 1996 8%696239%71 625 Jan. 1, 1997—Mar. 31, 19978%21 575 9%23 577 Apr. 1, 1997—Jun. 30, 19978%21 575 9%23 577 Jul . 1, 1997—Sep. 30, 1997 8%21 575 9%23 577 Oct. 1, 1997—Dec. 31, 19978%21 575 9%23 577 Jan. 1, 1998—Mar. 31, 19988%21 575 9%23 577 Apr . 1, 1998—Jun. 30, 1998 7%19 573 8%21 575 Jul. 1, 1998—Sep. 30, 19987%19 573 8%21 575 Oct. 1, 1998—Dec. 31, 19987%19 57 3 8%21 57 5 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 19 95–1 C.B. RA TE TA BLE PG Jan . 1, 1999—Mar. 31, 1999 7%19 573 Apr. 1, 1999—Jun. 30, 19998%21 575 Jul. 1, 1999—Sep. 30, 19998%21 57 5 Oc t. 1, 1999—Dec. 31, 1999 8%21 575 Jan. 1, 2000—Mar. 31, 20008%69623 June 25, 201210392012–26 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT – Continued NONCORPORATE OVERPAYMENTS AND UNDERPAYMENTS 1995–1 C.B. RATETABLEPG Apr. 1, 2000—Jun. 30, 20009%71 625 Jul. 1, 2000—Sep. 30, 20009%71 625 Oct. 1, 2000—Dec. 31, 20009%71 625 Jan. 1, 2001—Mar. 31, 20019%23 577 Apr. 1, 2001—Jun. 30, 20018%21 575 Jul. 1, 2001—Sep. 30, 20017%19 573 Oct. 1, 2001—Dec. 31, 20017%19 573 Jan. 1, 2002—Mar. 31, 20026%17 571 Apr. 1, 2002—Jun. 30, 20026%17 571 Jul. 1, 2002—Sep. 30, 20026%17 571 Oct. 1, 2002—Dec. 31, 20026%17 571 Jan. 1, 2003—Mar. 31, 2003 5%15569 Apr. 1, 2003—Jun. 30, 2003 5%15569 Jul. 1, 2003—Sep. 30, 2003 5%15569 Oct. 1, 2003—Dec. 31, 20034%13 567 Jan. 1, 2004—Mar. 31, 20044%61 615 Apr. 1, 2004—Jun. 30, 2004 5% 63617 Jul. 1, 2004—Sep. 30, 20044%61 615 Oct. 1, 2004—Dec. 31, 2004 5% 63617 Jan. 1, 2005—Mar. 31, 20055%15569 Apr. 1, 2005—Jun. 30, 2005 6%17 571 Jul. 1, 2005—Sep. 30, 2005 6%17 571 Oct. 1, 2005—Dec. 31, 2005 7%19 573 Jan. 1, 2006—Mar. 31, 20067%19 573 Apr. 1, 2006—Jun. 30, 20067%19 573 Jul. 1, 2006—Sep. 30, 20068%21 575 Oct. 1, 2006—Dec. 31, 20068%21 575 Jan. 1, 2007—Mar. 31, 20078%21 575 Apr. 1, 2007—Jun. 30, 20078%21 575 Jul. 1, 2007—Sep. 30, 20078%21 575 Oct. 1, 2007—Dec. 31, 20078%21 575 Jan. 1, 2008—Mar. 31, 20087%67621 Apr. 1, 2008—Jun. 30, 20086% 65 619 Jul. 1, 2008—Sep. 30, 2008 5% 63617 Oct. 1, 2008—Dec. 31, 20086% 65 619 Jan. 1, 2009—Mar. 31, 2009 5%15569 Apr. 1, 2009—Jun. 30, 20094%13 567 Jul. 1, 2009—Sep. 30, 20094%13 567 Oct. 1, 2009—Dec. 31, 20094%13 567 Jan. 1, 2010—Mar. 31, 20104%13 567 Apr. 1, 2010—Jun. 30, 20104%13 567 Jul. 1, 2010—Sep. 30, 20104%13 567 Oct. 1, 2010—Dec. 31, 20104%13 567 Jan. 1, 2011—Mar. 31, 20113%11 565 Apr. 1, 2011—Jun. 30, 20114%13 567 Jul. 1, 2011—Sep. 30, 20114%13 567 Oct. 1, 2011—Dec. 31, 20113%11 565 Jan. 1, 2012—Mar. 31, 20123% 59 613 Apr. 1, 2012—Jun. 30, 20123% 59 613 Jul. 1, 2012—Sep. 30, 20123% 59 613 2012–26 I.R.B.1040June 25, 2012 TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Jan. 1, 1999—Mar. 31, 19996%17 571 7%19 573 Apr. 1, 1999—Jun . 30, 1999 7%19 573 8%21 575 Jul. 1, 1999—Sep. 30, 19997%19 573 8%21 575 Oct. 1, 1999—Dec. 31, 19997%19 573 8%21 575 Jan. 1, 2000—Ma r. 31, 2000 7%676218%69623 Apr. 1, 2000—Jun. 30, 20008%696239%71 625 Jul. 1, 2000—Sep. 30, 20008%696239%71 625 Oct. 1, 2000—D ec. 31, 2000 8%696239%71 625 Jan. 1, 2001—Mar. 31, 20018%21 575 9%23 577 Apr. 1, 2001—Jun. 30, 20017%19 573 8%21 575 Jul. 1, 2001— Sep. 30, 2001 6%17 571 7%19 573 Oct. 1, 2001—Dec. 31, 20016%17 571 7%19 573 Jan. 1, 2002—Mar. 31, 2002 5%15569 6%17 571 Apr. 1, 2002 —Jun. 30, 2002 5%15569 6%17 571 Jul. 1, 2002—Sep. 30, 2002 5%15569 6%17 571 Oct. 1, 2002—Dec. 31, 2002 5%15569 6%17 571 Jan. 1, 200 3—Mar. 31, 2003 4%13 5675%15569 Apr. 1, 2003—Jun. 30, 20034%13 5675%15569 Jul. 1, 2003—Sep. 30, 20034%13 5675%15569 Oct. 1, 20 03—Dec. 31, 2003 3%11 565 4%13 567 Jan. 1, 2004—Mar. 31, 20043% 59 6134%61 615 Apr. 1, 2004—Jun. 30, 20044%61 6155% 63617 Jul. 1, 2 004—Sep. 30, 2004 3% 59 6134%61 615 Oct. 1, 2004—Dec. 31, 20044%61 6155% 63617 Jan. 1, 2 005—Mar. 31, 2005 4%13 5675%15569 Apr. 1, 2005—Jun. 30, 20055%15569 6%17 571 Jul. 1, 2005—Sep. 30, 20055%15569 6%17 571 Oct. 1, 2005—Dec. 31, 2005 6%17 571 7%19 573 Jan. 1, 2006—Mar. 31, 2006 6%17 571 7%19 573 Apr. 1, 2006—Jun. 30, 20066%17 571 7%19 573 Jul. 1, 2006—Sep. 30, 20067%19 573 8%21 575 Oct. 1 , 2006—Dec. 31, 2006 7%19 573 8%21 575 Jan. 1, 2007—Mar. 31, 20077%19 573 8%21 575 Apr. 1, 2007—Jun. 30, 20077%19 573 8%21 575 Jul. 1, 2007—Sep. 30, 2007 7%19 573 8%21 575 Oct. 1, 2007—Dec. 31, 20077%19 573 8%21 575 Jan. 1, 2008—Mar. 31, 20086% 65 6197%67621 Apr . 1, 2008—Jun. 30, 2008 5% 636176% 65 619 Jul. 1, 2008—Sep. 30, 20084%61 6155% 63617 Oct. 1, 2008—Dec. 31, 2008 5% 636176% 65 619 Jan . 1, 2009—Mar. 31, 2009 4%13 5675%15569 Apr. 1, 2009—Jun. 30, 20093%11 565 4%13 567 Jul. 1, 2009—Sep. 30, 20093%11 56 5 4%13 56 7 Oc t. 1, 2009—Dec. 31, 2009 3%11 565 4%13 567 Jan. 1, 2010—Mar. 31, 20103%11 565 4%13 567 Apr. 1, 2010—Jun. 30, 20103%11 5 65 4%13 5 67 J ul. 1, 2010—Sep. 30, 2010 3 % 1 1 565 4 % 1 3 567 Oct. 1, 2010—Dec. 31, 20103%11 565 4%13 567 Jan. 1, 2011—Mar. 31, 20112%9 563 3%11 565 Apr. 1, 2011—Jun. 30, 20113%11 565 4%13 567 Jul. 1, 2011—Sep. 30, 20113%11 565 4%13 567 Oct. 1, 2011—Dec. 31, 20112%9 563 3%11 565 Jan. 1, 2012—Mar. 31, 20122% 57 6113% 59 613 June 25, 201210412012–26 I.R.B. TABLE OF INTEREST RATES FROM JANUARY 1, 1999 — PRESENT – Continued CORPORATE OVERPAYMENTS AND UNDERPAYMENTS OVERPAYMENTSUNDERPAYMENTS 1995–1 C.B.1995–1 C.B. RATE TABLEPGRATE TABLEPG Apr. 1, 2012—Jun. 30, 20122% 57 6113% 59 613 Jul. 1, 2012—Sep. 30, 20122% 57 6113% 59 613 TABLE OF INTEREST RATES FOR LARGE CORPORAT E UNDERPAYMENTS FROM JANUARY 1, 1 991 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1991—Mar. 31, 199113%31 585 Apr. 1, 1991—Jun. 30, 199112%29 583 Jul. 1, 1991—Se p. 30, 1991 12%29 583 Oct. 1, 1991—Dec. 31, 199112%29 583 Jan. 1, 1992—Mar. 31, 199211% 75 629 Apr. 1, 1992—J un. 30, 1992 10%73627 Jul. 1, 1992—Sep. 30, 199210%73627 Oct. 1, 1992—Dec. 31, 19929%71 625 Jan. 1, 1993— Mar. 31, 1993 9%23 577 Apr. 1, 1993—Jun. 30, 19939%23 577 Jul. 1, 1993—Sep. 30, 19939%23 577 Oct. 1, 1993 —Dec. 31, 1993 9%23 577 Jan. 1, 1994—Mar. 31, 19949%23 577 Apr. 1, 1994—Jun. 30, 19949%23 577 Jul. 1, 199 4—Sep. 30, 1994 10% 25579 Oct. 1, 1994—Dec. 31, 199411%27 581 Jan. 1, 19 95—Mar. 31, 1995 11%27 581 Apr. 1, 1995—Jun. 30, 1995 12%29 583 Jul. 1, 1995—Sep. 30, 1995 11%27 581 Oct. 1, 1 995—Dec. 31, 1995 11%27 581 Jan. 1, 1 996—Mar. 31, 1996 11% 75 629 Apr. 1, 1996—Jun. 30, 199610%73627 Jul. 1, 1996—Sep. 30, 199611% 75 629 Oct. 1, 1 996—Dec. 31, 1996 11% 75 629 Jan. 1, 1997—Mar. 31, 199711%27 581 Apr. 1, 1997—Jun. 30, 199711%27 581 Jul. 1, 1997—Sep. 30, 1997 11%27 581 Oct. 1, 1997—Dec. 31, 199711%27 581 Jan. 1, 1998—Mar. 31, 199811%27 581 Apr. 1 , 1998—Jun. 30, 1998 10% 25579 Jul. 1, 1998—Sep. 30, 199810% 25579 Oct. 1, 1998—Dec. 31, 199810% 25579 Jan. 1, 1999—Mar. 31, 1999 9%23 577 Apr. 1, 1999—Jun. 30, 199910% 25579 Jul. 1, 1999—Sep. 30, 199910% 25579 Oct . 1, 1999—Dec. 31, 1999 10% 25579 Jan. 1, 2000—Mar. 31, 200010%73627 Apr. 1, 2000—Jun. 30, 200011% 75 629 Jul . 1, 2000—Sep. 30, 2000 11% 75 629 Oct. 1, 2000—Dec. 31, 200011% 75 629 Jan. 1, 2001—Mar. 31, 200111%27 58 1 Ap r. 1, 2001—Jun. 30, 2001 10% 25579 Jul. 1, 2001—Sep. 30, 20019%23 577 2012–26 I.R.B.1042June 25, 2012 TABLE OF INTEREST RATES FOR LARGE CORPORATE UNDERPAYMENTS FROM JANUARY 1, 1991 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Oct. 1, 2001—Dec. 31, 20019%23 577 Jan. 1, 2002—Mar. 31, 20028%21 575 Apr. 1, 2002—Jun. 30, 20028%21 575 Jul. 1, 2002—Sep. 30, 20028%21 575 Oct. 1, 2002—Dec. 30, 20028%21 575 Jan. 1, 2003—Mar. 31, 20037%19 573 Apr. 1, 2003—Jun. 30, 20037%19 573 Jul. 1, 2003—Sep. 30, 20037%19 573 Oct. 1, 2003—Dec. 31, 20036%17 571 Jan. 1, 2004—Mar. 31, 20046% 65 619 Apr. 1, 2004—Jun. 30, 20047%67621 Jul. 1, 2004—Sep. 30, 20046% 65 619 Oct. 1, 2004—Dec. 31, 20047%67621 Jan. 1, 2005—Mar. 31, 2005 7%19 573 Apr. 1, 2005—Jun. 30, 2005 8%21 575 Jul. 1, 2005—Sep. 30, 2005 8%21 575 Oct. 1, 2005—Dec. 31, 2005 9%23 577 Jan. 1, 2006—Mar. 31, 20069%23 577 Apr. 1, 2006—Jun. 30, 20069%23 577 Jul. 1, 2006—Sep. 30, 200610% 25579 Oct. 1, 2006—Dec. 31, 200610% 25579 Jan. 1, 2007—Mar. 31, 200710% 25579 Apr. 1, 2007—Jun. 30, 200710% 25579 Jul. 1, 2007—Sep. 30, 200710% 25579 Oct. 1, 2007—Dec. 31, 200710% 25579 Jan. 1, 2008—Mar. 31, 20089%71 625 Apr. 1, 2008—Jun. 30, 20088%69623 Jul. 1, 2008—Sep. 30, 20087%67621 Oct. 1, 2008—Dec. 31, 20088%69623 Jan. 1, 2009—Mar. 31, 20097%19 573 Apr. 1, 2009—Jun. 30, 20096%17 571 Jul. 1, 2009—Sep. 30, 20096%17 571 Oct. 1, 2009—Dec. 31, 20096%17 571 Jan. 1, 2010—Mar. 31, 20106%17 571 Apr. 1, 2010—Jun. 30, 20106%17 571 Jul. 1, 2010—Sep. 30, 20106%17 571 Oct. 1, 2010—Dec. 31, 20106%17 571 Jan. 1, 2011—Mar. 31, 2011 5%15569 Apr. 1, 2011—Jun. 30, 20116%17 571 Jul. 1, 2011—Sep. 30, 20116%17 571 Oct. 1, 2011—Dec. 31, 2011 5%15569 Jan. 1, 2012—Mar. 31, 2012 5% 63617 Apr. 1, 2012—Jun. 30, 2012 5% 63617 Jul. 1, 2012—Sep. 30, 2012 5% 63617 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS EXCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT 1995–1 C.B. RATETABLEPG Jan. 1, 1995—Mar. 31, 19956.5% 18 572 Apr. 1, 1995—Jun. 30, 19957.5% 20 574 June 25, 201210432012–26 I.R.B. TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS E XCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jul. 1, 1995—Sep. 30, 19956.5% 18 572 Oct. 1, 1995—Dec. 31, 19956.5% 18 572 Jan. 1, 1996—Mar. 31, 1996 6.5% 66620 Apr. 1, 1996—Jun. 30, 1996 5.5% 64618 Jul. 1, 1996—Sep. 30, 1996 6.5% 66620 Oct. 1, 1996—Dec. 31, 1996 6.5% 66620 Jan. 1, 1997—Mar. 31, 1997 6.5% 18 572 Apr. 1, 1997—Jun. 30, 1997 6.5% 18 572 Jul. 1, 1997—Sep. 30, 1997 6.5% 18 572 Oct. 1, 1997—Dec. 31, 1997 6.5% 18 572 Jan. 1, 1998—Mar. 31, 1998 6.5% 18 572 Apr. 1, 1998—Jun. 30, 1998 5.5% 16 570 Jul. 1, 1998—Sep. 30, 1998 5.5% 16 570 Oct. 1, 1998—Dec. 31, 1998 5.5% 16 570 Jan. 1, 1999—Mar. 31, 1999 4.5% 14 568 Apr. 1, 1999—Jun. 30, 1999 5.5% 16 570 Jul. 1, 1999—Sep. 30, 1999 5.5% 16 570 Oct. 1, 1999—Dec. 31, 1999 5.5% 16 570 Jan. 1, 2000—Mar. 31, 2000 5.5% 64618 Apr. 1, 2000—Jun. 30, 2000 6.5% 66620 Jul. 1, 2000—Sep. 30, 2000 6.5% 66620 Oct. 1, 2000—Dec. 31, 2000 6.5% 66620 Jan. 1, 2001—Mar. 31, 2001 6.5% 18 572 Apr. 1, 2001—Jun. 30, 2001 5.5% 16 570 Jul. 1, 2001—Sep. 30, 2001 4.5% 14 568 Oct. 1, 2001—Dec. 31, 2001 4.5% 14 568 Jan. 1, 2002—Mar. 31, 2002 3.5% 12 566 Apr. 1, 2002—Jun. 30, 2002 3.5% 12 566 Jul. 1, 2002—Sep. 30, 2002 3.5% 12 566 Oct. 1, 2002—Dec. 31, 2002 3.5% 12 566 Jan. 1, 2003—Mar. 31, 2003 2.5% 10 564 Apr. 1, 2003—Jun. 30, 2003 2.5% 10 564 Jul. 1, 2003—Sep. 30, 2003 2.5% 10 564 Oct. 1, 2003—Dec. 31, 2003 1.5% 8 562 Jan. 1, 2004—Mar. 31, 2004 1.5%56 610 Apr. 1, 2004—Jun. 30, 2004 2.5%58 612 Jul. 1, 2004—Sep. 30, 2004 1.5%56 610 Oct. 1, 2004—Dec. 31, 2004 2.5%58 612 Jan. 1, 2005—Mar. 31, 20052.5% 10 564 Apr. 1, 2005—Jun. 30, 20053.5% 12 566 Jul. 1, 2005—Sep. 30, 20053.5% 12 566 Oct. 1, 2005—Dec. 31, 20054.5% 14 568 Jan. 1, 2006—Mar. 31, 2006 4.5% 14 568 Apr. 1, 2006—Jun. 30, 2006 4.5% 14 568 Jul. 1, 2006—Sep. 30, 2006 5.5% 16 570 Oct. 1, 2006—Dec. 31, 2006 5.5% 16 570 Jan. 1, 2007—Mar. 31, 2007 5.5% 16 570 Apr. 1, 2007—Jun. 30, 2007 5.5% 16 570 Jul. 1, 2007—Sep. 30, 2007 5.5% 16 570 Oct. 1, 2007—Dec. 31, 2007 5.5% 16 570 Jan. 1, 2008—Mar. 31, 2008 4.5% 62616 Apr. 1, 2008—Jun. 30, 2008 3.5% 60614 Jul. 1, 2008—Sep. 30, 2008 2.5%58 612 Oct. 1, 2008—Dec. 31, 2008 3.5% 60614 Jan. 1, 2009—Mar. 31, 2009 2.5% 10 564 Apr. 1, 2009—Jun. 30, 2009 1.5% 8 562 2012–26 I.R.B.1044June 25, 2012 TABLE OF INTEREST RATES FOR CORPORATE OVERPAYMENTS E XCEEDING $10,000 FROM JANUARY 1, 1995 — PRESENT – Continued 1995–1 C.B. RATETABLEPG Jul. 1, 2009—Sep. 30, 2009 1.5% 8 562 Oct. 1, 2009—Dec. 31, 2009 1.5% 8 562 Jan. 1, 2010—Mar. 31, 2010 1.5% 8 562 Apr. 1, 2010—Jun. 30, 2010 1.5% 8 562 Jul. 1, 2010—Sep. 30, 2010 1.5% 8 562 Oct. 1, 2010—Dec. 31, 2010 1.5% 8 562 Jan. 1, 2011—Mar. 31, 2011 0.5%* Apr. 1, 2011—Jun. 30, 2011 1.5% 8 562 Jul. 1, 2011—Sep. 30, 2011 1.5% 8 562 Oct. 1, 2011—Dec. 31, 2011 0.5%* Jan. 1, 2012—Mar. 31, 2012 0.5%* Apr. 1, 2012—Jun. 30, 2012 0.5%* Jul. 1, 2012—Sep. 30, 2012 0.5%* June 25, 201210452012–26 I.R.B. Part III. Administrative, Procedural, and Miscellaneous Health Flexible Spending Arrangements not Subject to $2,500 Limit on Salary Reduction Contributions for Plan Years Beginning before 2013 and Comments Requested on Potential Modification of Use-or-Lose Rule Notice 2012–40 I. PURPOSE AND OVERVIEW This notice provides guidance on the ef- fective date of the $2,500 limit (as indexed for inflation) on salary reduction contribu- tions to health flexible spending arrange- ments (health FSAs) under § 125(i) of the Internal Revenue Code (Code) (the $2,500 limit) and on the deadline for amending plans to comply with that limit. This no- tice also provides relief for certain contri- butions that mistakenly exceed the $2,500 limit and that are corrected in a timely manner. Finally, the notice requests com- ments on whether to modify the use-or- lose rule that is currently set forth in the proposed regulations with respect to health FSAs. Specifically, this notice provides that — •the $2,500 limit does not apply for plan years that begin before 2013; •the term “taxable year” in § 125(i) refers to the plan year of the cafeteria plan as this is the period for which salary reduction elections are made; •plans may adopt the required amend- ments to reflect the $2,500 limit at any time through the end of calendar year 2014; •in the case of a plan providing a grace period (which may be up to two months and 15 days), unused salary reduction contributions to the health FSA for plan years beginning in 2012 or later that are carried over into the grace period for that plan year will not count against the $2,500 limit for the subsequent plan year; and •relief is provided for certain salary reduction contributions exceeding the $2,500 limit that are due to a reason- able mistake and not willful neglect and that are corrected by the employer. The statutory $2,500 limit under § 125(i) applies only to salary reduction contributions under a health FSA, and does not apply to certain employer non-elec- tive contributions (sometimes called flex credits), to any types of contributions or amounts available for reimbursement under other types of FSAs, health sav- ings accounts, or health reimbursement arrangements, or to salary reduction con- tributions to cafeteria plans that are used to pay an employee’s share of health cov- erage premiums (or the corresponding employee share under a self-insured em- ployer-sponsored health plan). II. BACKGROUND A § 125 cafeteria plan is a written plan that allows employees to elect between permitted taxable benefits (such as cash) and certain qualified benefits. Section 125(a), (d)(1). If an employee makes the election before the start of the plan year, and other § 125 requirements are satisfied, the employee’s election of one or more qualified benefits does not result in gross income to the employee. In 2007, the Treasury Department and the Internal Revenue Service (IRS) pub- lished proposed regulations under § 125. 72 Fed. Reg. 43938 (Aug. 6, 2007). Tax- payers may rely on the proposed regula- tions. The proposed regulations require a written cafeteria plan providing a health FSA to specify the maximum salary re- duction contribution as a maximum dollar amount, a maximum percentage of com- pensation, or other method of determining the maximum salary reduction contribu- tion. See Prop. Treas. Reg. § 1.125–1(c). If a cafeteria plan fails to operate in com- pliance with § 125 or fails to satisfy any of the written plan requirements for health FSAs, the plan is not a § 125 cafeteria plan and an employee’s election of nontaxable benefits results in gross income to the em- ployee. For additional guidance, see Prop. Treas. Reg. § 1.125–1(c)(1), (c)(6) and (c)(7). A cafeteria plan may include a grace pe- riod of up to two months and 15 days im- mediately following the end of a plan year. If the plan provides for a grace period, an employee may use amounts remain- ing from the previous plan year (includ- ing amounts remaining in a health FSA) to pay for expenses incurred for certain qual- ified benefits during the grace period. See Notice 2005–42, 2005–1 C.B. 1204, and Prop. Treas. Reg. § 1.125–1(e). Section 125(i) was added by § 9005 of the Patient Protection and Affordable Care Act (the Act), Pub. L. No. 111–148 (as amended by § 10902 of the Act, and fur- ther amended by § 1403(b) of the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111–152). Section 125(i) is effective for “taxable years” be- ginning after December 31, 2012. Prior to the effective date of § 125(i), plan sponsors imposed limits on the amount of salary re- duction contributions that employees may elect to health FSAs, but there has been no statutory limit. III. COMPLIANCE WITH THE $2,500 LIMIT ON SALARY REDUCTION CONTRIBUTIONS TO HEALTH FSAS Section 125(i) provides that a health FSA is not treated as a qualified benefit unless the cafeteria plan “provides that an employee may not elect for any taxable year to have salary reduction contributions in excess of $2,500 made to such arrange- ment.” Because employees make salary re- duction contribution elections for health FSAs only on a plan year basis (see Prop. Treas. Reg. § 1.125–2), the term “taxable year” in § 125(i) (which does not spec- ify that it refers, for example, to the em- ployee’s taxable year or to the employer’s taxable year) refers to the plan year of the cafeteria plan. Similarly, the reference to “taxable year” in the effective date provi- sion of § 125(i) refers to the plan year of the cafeteria plan. Accordingly, the $2,500 limit on health FSA salary reduction con- tributions applies on a plan year basis and is effective for plan years beginning af- ter December 31, 2012. Also, the $2,500 limit will be indexed for cost-of-living ad- justments for plan years beginning after December 31, 2013. SeeGeneral Expla- nation of Tax Legislation Enacted in the 111th Congress (2011), Joint Committee on Taxation, at 317. 2012–26 I.R.B.1046June 25, 2012 A § 125 cafeteria plan may offer only qualified benefits. A plan that offers a nonqualified benefit is not a § 125 cafe- teria plan. Section 125(d)(1)(B); see also Prop. Treas. Reg. § 1.125–1(q). Accord- ingly, a cafeteria plan that fails to comply with § 125(i) for plan years beginning after December 31, 2012 is not a § 125 cafete- riaplanandthevalueofthetaxableben- efits that an employee could have elected to receive under the plan during the plan year is includible inemployee’s gross in- come, regardless of the benefit elected by the employee. See Prop. Treas. Reg. § 1.125–1(b). As explained below, the cafeteria plan must be amended to reflect the $2,500 limit, and must also comply with the $2,500 limit in operation. Consistent with Prop. Treas. Reg. § 1.125–1(d)(2), a plan year is permitted to be changed only for a valid business pur- pose. If a principal purpose of changing from a calendar year to a fiscal year is to delay the application of the $2,500 limit, the change is not for a valid business pur- pose. If a change in the plan year does not satisfy this valid business purpose re- quirement, the plan year for the cafeteria plan remains the plan year that was in ef- fect prior to the attempted change. If a cafeteria plan has a short plan year (that is, fewer than 12 months) that begins after 2012, the $2,500 limit must be pro- rated based on the number of months in that short plan year. The $2,500 limit on salary reduction contributions to a health FSA applies on an employee-by-employee basis. Thus, $2,500 (as indexed for inflation) is the maximum salary reduction contribution each employee may make for a plan year, regardless of the number of other individ- uals (for example, a spouse, dependents, or adult children (see § 105(b)) whose medical expenses are reimbursable under the employee’s health FSA. Consistent with this rule, if each of two spouses is eligible to elect salary reduction contribu- tions to an FSA, each spouse may elect to make salary reduction contributions of up to $2,500 (as indexed for inflation) to his or her health FSA, even if both participate in the same health FSA sponsored by the same employer. All employers that are treated as a sin- gle employer under § 414(b), (c), or (m), relating to controlled groups and affiliated service groups, are treated as a single em- ployer for purposes of the $2,500 limit. If an employee participates in multiple cafeteria plans offering health FSAs main- tained by members of a controlled group or affiliated service group, the employee’s total health FSA salary reduction contri- butions under all of the cafeteria plans are limited to $2,500 (as indexed for in- flation). Section 125(g)(4). However, an employee employed by two or more em- ployers that are not members of the same controlled group may elect up to $2,500 (as indexed for inflation) under each em- ployer’s health FSA. As noted, the $2,500 limit applies only to salary reduction contributions and not to employer non-elective contributions, sometimes called flex credits. Generally, an employer may make flex credits avail- able to an employee who is eligible to participate in the cafeteria plan, to be used (at the employee’s election) only for one or more qualified benefits. For further in- formation on flex credits, see Prop. Treas. Reg. § 1.125–5(b). For example, if an employer contributes a $500 flex credit to each employee’s health FSA for the 2013 plan year, each employee may still elect to make salary reduction contributions of $2,500 (as indexed for inflation) to a health FSA for that plan year. However, if an employer provides flex credits that employees may elect to receive as cash or as a taxable benefit, those flex credits are treated as salary reduction contributions for purposes of § 125(i). The statute imposes the $2,500 limit only on salary reduction contributions to a health FSA in a cafeteria plan and does not limit the amount permitted for reim- bursement under other employer-provided coverage, such as employee salary reduc- tion contributions to an FSA for dependent care assistance or adoption care assistance. The limit also does not apply to salary re- duction contributions to a cafeteria plan that are used to pay an employee’s share of health coverage premiums (or the corre- sponding employee share under a self-in- sured employer-sponsored health plan) — sometimes referred to as “premium con- version” salary reduction contributions — nor does it apply to salary reduction or any other contributions to a health savings ac- count (HSA) or to amounts made available by an employer under a health reimburse- ment arrangement (HRA). If a plan provides for a grace period (which, as noted above, can be no longer than two months and 15 days) for a plan year, unused salary reduction contribu- tions to the health FSA for the plan year that are carried over into the grace period do not count against the $2,500 limit ap- plicable for the subsequent plan year. If a cafeteria plan timely complies with the written plan requirement limiting health FSA salary reduction contributions as set forth in section IV, below, but one or more employees are erroneously allowed to elect a salary reduction of more than $2,500 (as indexed for inflation) for a plan year, the cafeteria plan will continue to be a § 125 cafeteria plan for that plan year if (1) the terms of the plan apply uniformly to all participants (consistent with Prop. Treas. Reg. § 1.125–1(c)(1)); (2) the error results from a reasonable mistake by the employer (or the employer’s agent) and is not due to willful neglect by the em- ployer (or the employer’s agent); and (3) salary reduction contributions in excess of $2,500 (as indexed for inflation) are paid to the employee and reported as wages for income tax withholding and employment tax purposes on the employee’s Form W–2,Wage and Tax Statement(or Form W–2c,Corrected Wage and Tax State- ment) for the employee’s taxable year in which, or with which, ends the cafeteria plan year in which the correction is made. ThereliefprovidedinthissectionIII with respect to erroneous excess contribu- tions is not available for an employer if a federal tax return of the employer is under examination with respect to benefits pro- vided under a cafeteria plan with respect to any cafeteria planyear during which the failure to comply with § 125(i) occurred. For this purpose, an employer is treated as under examination if the employer re- ceives written notification (for example, by plan examination, information docu- ment request (IDR), or notification of pro- posed adjustments to a federal tax return) from the examining agent(s) specifically citing § 125(i) as an issue under consider- ation. IV. WRITTEN CAFETERIA PLAN AMENDMENT A cafeteria plan offering a health FSA must be amended to set forth the $2,500 limit (or, at the employer’s option, a June 25, 201210472012–26 I.R.B. lower limit specified in the plan). Cafe- teria plan amendments may be effective only prospectively. See Prop. Treas. Reg. § 1.125–1(c). Notwithstanding this rule against retroactive amendments, an amendment to conform a cafeteria plan to the requirements of § 125(i) that is adopted on or before December 31, 2014, may be made effective retroactively, provided that the cafeteria plan operates in accordance with the requirements of § 125(i) (includ- ing the guidance under this notice) for plan years beginning after December 31, 2012. This amendment to the written cafeteria plan may be expressed as a maximum dollar amount or by another method of de- termining the maximum dollar amount of salary reduction contributions to a health FSA, but in no case may the plan permit a participant to make salary reduction con- tributions, for a plan year beginning after December 31, 2012, exceeding the $2,500 limit. V. EXAMPLES The rules of this notice are illustrated by the following examples. For all exam- ples, it is assumed that the cafeteria plan otherwise satisfies all of the requirements of § 125 and the proposed regulations, and thattheemployerisnotamemberofacon- trolled group or affiliated service group. Example 1. (i) Employer W offers a calendar year cafeteria plan including a health FSA. Employer W amends its written cafeteria plan by December 31, 2014, to provide that, effective for the plan year beginning on January 1, 2013, employee salary reduction contributions to a health FSA are limited to $2,500 (as indexed for inflation). (ii) Employer W’s written cafeteria plan satisfies the requirements of § 125(i). Example 2. (i) Employer X offers a calendar year cafeteria plan including a health FSA with a grace pe- riod of two months and 15 days that complies with Notice 2005–42 and the proposed regulations. Effec- tive for the 2012 plan year, the written plan provides that employee salary reduction contributions for the health FSA are limited to $5,000. Effective for the 2013 plan year, the written plan provides that em- ployee salary reduction contributions to the health FSA are limited to $2,500 (as indexed for inflation). Some employees have unused amounts from their 2012 health FSA salary reduction contributions that remain available during the grace period in the first two months and 15 days of 2013. (ii) The availability during the grace period of amounts attributable to 2012 health FSA salary re- duction contributions does not cause Employer X’s cafeteria plan to fail to satisfy the $2,500 limit. VI. EFFECTIVE DATES Under the guidance provided in this no- tice, section 125(i) applies to plan years be- ginning after December 31, 2012. Index- ing of the $2,500 limit applies to plan years beginning after December 31, 2013. VII. EFFECT ON OTHER DOCUMENTS The Treasury Department and the IRS intend to amend the regulations under §§ 1.125–1, 1.125–2, and 1.125–5 to pro- vide for the $2,500 limit, and taxpayers may rely on the foregoing guidance in this notice pending issuance of the amended regulations. VIII. REQUEST FOR COMMENTS ON POSSIBLE MODIFICATION OF USE-OR-LOSE RULE FOR HEALTH FSAS In light of the $2,500 limit, the Trea- sury Department and the IRS are consider- ing whether, for health FSAs, the position contained in proposed regulations that is often referred to as the “use-or-lose” rule” should be modified. That rule generally prohibits any contribution or benefit under an FSA from being used in a subsequent plan year or period of coverage. See Prop. Treas. Reg. § 1.125–1, Q&A–7(b) (1984); Prop.Treas.Reg.§1.125–2,Q&A–5 & Q&A–7 (1989); Prop. Treas. Reg. § 1.125–5(c) (2007). Thus, under this rule, unused amounts in the health FSA are “for- feited” at the end of the plan year. The $2,500 limit, while not address- ing the “use-or-lose” rule, limits the poten- tial for using health FSAs to defer com- pensation and the extent to which salary reduction amounts may accumulate over time. Given the $2,500 limit, the Trea- sury Department and the IRS are consider- ing whether the use-or-lose rule for health FSAs should be modified to provide a dif- ferent form of administrative relief (in- stead of, or in addition to, the current 2 1 /2 month grace period rule). Comments are requested on whether the proposed regula- tions should be modified to provide addi- tional flexibility with respect to the opera- tion of the use-or-lose rule for health FSAs and, if so, how any such flexibility might be formulated and constrained. Comments are also requested on how any such mod- ifications would interact with the $2,500 limit. This section VIII of this notice does not constitute guidance and may not be relied upon by taxpayers. Comments must be submitted by Au- gust 17, 2012. Comments should in- clude a reference to Notice 2012–40. Send submissions to CC:PA:LPD:PR (Notice 2012–40), Room 5203, Inter- nal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand de- liveredMonday through Fridaybe- tween the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (Notice 2012–40), Courier’s Desk, Internal Revenue Ser- vice, 1111 Constitution Avenue, NW, Washington, DC 20044, or sent electron- ically, via the following e-mail address: Notice.comments@irscounsel.treas.gov. Please include “Notice 2012–40” in the subject line of any electronic communication. All material submitted will be available for public inspection and copying. DRAFTING INFORMATION The principal author of this notice is Elizabeth Purcell of the Office of Division Counsel/Associate Chief Counsel (Tax Exempt and Government Entities). For further information regarding this notice, contact Ms. Purcell at (202) 622–6080 (not a toll-free call). Extension of Relief and Procedures Under Notice 2010–30 and Notice 2011–16 for Spouses of U.S. Servicemembers Who are Working In or Claiming Residence or Domicile In a U.S. Territory Under the Military Spouses Residency Relief Act Notice 2012–41 On April 15, 2010, the Department of the Treasury (Treasury Department) and the Internal Revenue Service (IRS) pub- lished Notice 2010–30, 2010–18 I.R.B. 650, which provides relief and procedures 2012–26 I.R.B.1048June 25, 2012 for certain taxpayers who are spouses (civilian spouses) of active duty members of the uniformed services (servicemem- bers). The relief and procedures were made available to civilian spouses who (A) accompany their servicemember spouses to a military duty station in American Samoa, Guam, the Northern Mariana Is- lands (NMI), Puerto Rico, or the U.S. Virgin Islands (USVI) (each a “U.S. terri- tory”) and claim residence or domicile (tax residence) in one of the 50 States or the District of Columbia under the Military Spouses Residency Relief Act (MSRRA) or (B) accompany their servicemember spouses to a military duty station in one of the 50 States or the District of Co- lumbia and claim tax residence in a U.S. territory under MSRRA. The relief and procedures set forth in Notice 2010–30 were initially available for the taxable year including November 11, 2009 (generally, this would be calendar year 2009, re- ferred to hereinafter as 2009). On April 8, 2011, the Treasury Department and the IRS published Notice 2011–16, 2011–17 I.R.B. 720, which extended the relief and procedures announced in Notice 2010–30 to the first taxable year beginning after November 11, 2009 (generally, this would be calendar year 2010). This notice further extends the relief set forth in Notice 2010–30 for civilian spouses described in the prior paragraph to taxable years beginning after Novem- ber 11, 2010 (generally, these will be cal- endar year 2011 and subsequent calendar years, referred to hereinafter as 2011 and subsequent taxable years), and provides that such civilian spouses should follow the applicable procedures described in No- tice 2010–30. The extension of time to pay federal in- come taxes described in Part III(A)(1)(b) of Notice 2010–30 for 2009 is available to eligible civilian spouses described in Part III(A)(1)(b) of Notice 2010–30 claim- ing MSRRA relief with respect to indi- vidual federal income tax returns filed for 2011 and subsequent taxable years. To ob- tain an extension of time through Octo- ber 17, 2012, to pay federal income taxes for 2011, such taxpayers should follow the procedures in Part III(A)(1)(b) of Notice 2010–30. To obtain an extension to pay federal income taxes for subsequent tax- able years, such taxpayers should follow those same proceduresadjusted for the ap- propriate filing dates in each such subse- quent taxable year. As provided in Notice 2010–30, the IRS has also determined pursuant to sec- tion 6654(e)(3)(A) of the Internal Rev- enue Code that, with respect to civilian spouses eligible for the extension of time to pay federal income taxes described in this notice and Part III(A)(1)(b) of Notice 2010–30, the addition to tax under section 6654(a) will not apply in the case of an un- derpayment of estimated tax by such civil- ian spouses for 2011 and subsequent tax- able years due to unusual circumstances. Civilian spouses who obtain the exten- sion to pay federal income taxes for 2011 and subsequent taxable years provided by this notice are required to pay interest on the amount of tax from the original pay- mentduedateuntilthedatethetaxispaid. Pursuant to section 6601, interest is cal- culated from the prescribed payment due date determined under section 6151 with- out regard to any extension to pay federal income tax, including the extension to pay tax provided by this notice. For the reasons discussed in Part III(A)(2) of Notice 2010–30, the exten- sion to pay federal income taxes described in Part III(A)(1)(b) of Notice 2010–30 is not available to civilian spouses claiming tax residence in a State or the District of Columbia under MSRRA and filing individual federal income tax returns for 2011 and subsequent taxable years who are (A) federal employees in American Samoa, Guam, or the USVI, or (B) indi- viduals working in Guam or the NMI to whom section 935 applies. These civilian spouses should file their individual federal income tax returns for 2011 and subse- quent taxable years, and pay any taxes due, according to the procedures described in Part III(A)(2) of Notice 2010–30. Civilian spouses who accompany their servicemember spouses to a military duty stationinoneofthe50StatesortheDis- trict of Columbia and who claim tax res- idence in a U.S. territory under MSRRA should follow the procedures in Part III(B) of Notice 2010–30 with respect to their individual federal income tax returns for 2011 and subsequent taxable years. DRAFTING INFORMATION The principal author of this notice is Jackie B. Manasterli of the Office of Associate Chief Counsel (International). For further information regarding this notice, contact Jackie B. Manasterli at (202) 435–5262 (not a toll-free call). Credit for Carbon Dioxide Sequestration 2012 Section 45Q Inflation Adjustment Factor Notice 2012–42 SECTION 1. PURPOSE This notice publishes the inflation ad- justment factor for the credit for carbon dioxide (CO 2 ) sequestration under § 45Q of the Internal Revenue Code (§ 45Q credit) for calendar year 2012. The infla- tion adjustment factor is used to determine the amount of the credit allowable under § 45Q. The calendar year 2012 infla- tion-adjusted creditapplies to the amount of qualified CO 2 captured by a taxpayer at a qualified facility and disposed of in secure geological storage. SECTION 2. BACKGROUND Section 45Q(a)(1) allows a credit of $20 per metric ton of qualified CO 2 that is cap- tured by the taxpayer at a qualified facil- ity, disposed of by the taxpayer in secure geological storage, and not used by the taxpayer as a tertiary injectant. Section 45Q(a)(2) allows a credit of $10 per metric ton of qualified CO 2 that is captured by the taxpayer at a qualified facility, used by the taxpayer as a tertiary injectant in a quali- fied enhanced oil or natural gas recovery project, and disposed of by the taxpayer in secure geological storage. Section 45Q(b)(1) defines the term “qualified carbon dioxide” as CO 2 cap- tured from an industrial source that would otherwise be released into the atmosphere as industrial emission of greenhouse gas, and that is measured at the source of cap- ture and verified at the point of disposal or injection. Qualified CO 2 includes the initial deposit of captured CO 2 used as a tertiary injectant but does not include CO 2 that is re-captured, recycled, or otherwise re-injected as part of the enhanced oil and natural gas recovery process. Section 45Q(c) defines the term “qual- ified facility” as an industrial facility that June 25, 201210492012–26 I.R.B. is owned by the taxpayer, where carbon capture equipment is placed in service, and where at least 500,000 metric tons of CO 2 is captured during the taxable year. Section 45Q(d)(2) provides that the Secretary, in consultation with the Admin- istrator of the Environmental Protection Agency (EPA), the Secretary of Energy, and the Secretary of the Interior, shall establish regulationsfor determining ade- quate security measures for the geological storage of CO 2 under subsection (a)(1)(B) or (a)(2)(C) such that the CO 2 does not escape into the atmosphere. See section 5 of Notice 2009–83, 2009–44 I.R.B. 588, for procedures regarding secure geological storage. Section 45Q(d)(5) allows the § 45Q credit to the person that captures and physically or contractually ensures the disposal of or the use as a tertiary injectant of the qualified CO 2, except to the extent provided in regulations prescribed by the Secretary. Under § 45Q(d)(7), for taxable years beginning in a calendar year after 2009, the dollar amount contained in § 45Q(a) must be adjusted for inflation by multiply- ing such dollar amount by the inflation ad- justment factor for such calendar year de- termined under § 43(b)(3)(B), determined by substituting “2008” for “1990.” Section 43(b)(3)(B) defines “inflation adjustment factor” as, with respect to any calendar year, a fraction the numerator of which is the GNP implicit price deflator for the preceding calendar year and the de- nominator of which is the GNP implicit price deflator for 1990. For purposes of § 45Q(d)(7), with respect to 2012 calen- dar year, the inflation adjustment factor is a fraction the numerator of which is the GNP implicit price deflator for 2011 (113.347) and the denominator of which is the GNP implicit price deflator for 2008 (108.589). Section 45Q(e) provides that the § 45Q credit will apply with respect to qualified CO 2 before the end of the calendar year in which the Secretary, in consultation with the EPA, certifies that 75,000,000 metric tons of qualified CO 2 have been taken into account in accordance with § 45Q(a). SECTION 3. INFLATION ADJUSTMENT FACTOR The inflation adjustment factor for cal- endar year 2012 is 1.0438. The 45Q credit for calendar year 2012 is $20.88 per met- ric ton of qualified CO 2 under § 45Q(a)(1) and $10.44 per metric ton of qualified CO 2 under § 45Q(a)(2). SECTION 4. DRAFTING INFORMATION The principal author of this notice is Jennifer C. Bernardini of the Office of Associate Chief Counsel (Passthroughs & Special Industries).For further information regarding this notice, contact Ms. Bernardini at (202) 622–3110 (not a toll-free call). Update for Weighted Average Interest Rates, Yield Curves, and Segment Rates Notice 2012–43 This notice provides guidance as to the corporate bond weighted average interest rate and the permissible range of interest rates specified under § 412(b)(5)(B)(ii)(II) of the Internal Revenue Code as in ef- fect for plan years beginning before 2008. It also provides guidance on the cor- porate bond monthly yield curve (and the corresponding spot segment rates), and the 24-month average segment rates under § 430(h)(2). In addition, this no- tice provides guidance as to the interest rate on 30-year Treasury securities un- der § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning before 2008, the 30-year Treasury weighted average rate under § 431(c)(6)(E)(ii)(I), and the min- imum present value segment rates under § 417(e)(3)(D) as in effect for plan years beginning after 2007. CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE Sections412(b)(5)(B)(ii)and 412(l)(7)(C)(i), as amended by the Pen- sion Funding Equity Act of 2004 and by the Pension Protection Act of 2006 (PPA), provide that the interest rates used to cal- culate current liability and to determine the required contribution under § 412(l) for plan years beginning in 2004 through 2007 must be within a permissible range based on the weighted average of the rates of interest on amounts invested conser- vatively in long term investment grade corporate bonds during the 4-year period ending on the last day before the beginning of the plan year. Notice 2004–34, 2004–1 C.B. 848, pro- vides guidelines for determining the cor- porate bond weighted average interest rate and the resulting permissible range of in- terest rates used to calculate current liabil- ity. That notice establishes that the corpo- rate bond weighted average is based on the monthly composite corporate bond rate de- rived from designated corporate bond in- dices. The methodology for determining the monthly composite corporate bond rate as set forth in Notice 2004–34 continues to apply in determining that rate. See Notice 2006–75, 2006–2 C.B. 366. The composite corporate bond rate for May 2012 is 4.39 percent. Pursuant to No- tice 2004–34, the Service has determined this rate as the average of the monthly yields for the included corporate bond in- dices for that month. The following corporate bond weighted average interest rate was determined for plan years beginning in the month shown below. For Plan Years Beginning inPermissible Range MonthYear Corporate Bond Weighted Average90%to100% June2012 5.44 4.90 5.44 2012–26 I.R.B.1050June 25, 2012 YIELD CURVE AND SEGMENT RATES Generally for plan years beginning after 2007 (except for delayed effective dates for certain plans under sections 104, 105, and 106 of PPA), § 430 of the Code specifies the minimum funding require- ments that apply to single employer plans pursuant to § 412. Section 430(h)(2) spec- ifies the interest rates that must be used to determine a plan’s target normal cost and funding target. Under this provision, present value is generally determined us- ing three 24-month average interest rates (“segment rates”), each of which applies to cash flows during specified periods. However, an election may be made under § 430(h)(2)(D)(ii) to use the monthly yield curve in place of the segment rates. Sec- tion 430(h)(2)G) set forth a transitional rule applicable to plan years beginning in 2008 and 2009 under which the segment rates were blended with the corporate bond weighted average described above, includ- ing an election under § 430(h)(2)(G)(iv) foranemployertousethesegmentrates without the transitional rule. Notice 2007–81, 2007–2 C.B. 899, provides guidelines for determining the monthly corporate bond yield curve, and the 24-month average corporate bond segment rates used to compute the tar- get normal cost and the funding target. Pursuant to Notice 2007–81, the monthly corporate bond yield curve derived from May 2012 data is in Table I at the end of this notice. The spot first, second, and third segment rates for the month of May 2012 are, respectively, 1.59, 4.12, and 5.04. The three 24-month average cor- porate bond segment rates applicable for June 2012 are as follows: First Segment Second Segment Third Segment 1.844.79 5.90 The tran sitional rule of § 430(h)(2)(G) does not apply to plan years beginning af- ter Dec ember 31, 2009. Therefore, for a plan ye ar beginning after 2009 with a look- back mo nth to June 2012, the funding seg- ment ra tes are the three 24-month average corpor ate bond segment rates applicable for Ju ne 2012, listed above without blend- ing fo r any transitional period. 30-YE AR TREASURY SECURITIES INTER EST RATES Secti on 417(e)(3)(A)(ii)(II) (prior to amend ment by PPA) defines the appli- cable interest rate, which must be used for p urposes of determining the minimum pres ent value of a participant’s benefit unde r § 417(e)(1) and (2), as the annual rate of interest on 30-year Treasury se- curi ties for the month before the date of di stribution or such other time as the Secreta ry may by regulations prescribe. Section 1.417(e)–1(d)(3) of the Income Tax Reg ulations provides that the applica- ble int erest rate for a month is the annual rate of interest on 30-year Treasury secu- rities as specified by the Commissioner for tha t month in revenue rulings, notices or oth er guidance publishedintheInternal Reven ue Bulletin. The ra te of interest on 30-year Treasury secur ities for May 2012 is 2.93 percent. The Se rvice has determined this rate as the avera ge of the yield on the 30-year Trea- sury b ond maturing in February 2042 de- term ined each day through May 9, 2012, and t he yield on the 30-year Treasury bond matu ring in May 2042 determined each day f or the balance of the month. Gene rally for plan years beginning afte r 2007, § 431 specifies the mini- mum f unding requirements that apply to multiem ployer plans pursuant to § 412. Section 431(c)(6)(B) specifies a minimum amount for the full-funding limitation descri bed in section 431(c)(6)(A), based on the p lan’s current liability. Section 431(c) (6)(E)(ii)(I) provides that the inter- est rat e used to calculatecurrent liability for th is purpose must be no more than 5 perce nt above and no more than 10 percent below the weighted average of the rates of inter est on 30-year Treasury securities dur- ing th e four-year period ending on the last day b efore the beginning of the plan year. Noti ce 88–73, 1988–2 C.B. 383, provides guid elines for determining the weighted aver age interest rate. The following rates were determined for plan years beginning in t he month shown below. For Plan Years Beginning inPermissible Range MonthYear 30-Year Treasury Weighted Average90%to105% June20123.883.494.08 MINIMUM PRESENT VALUE SEGMENT RATES Generally for plan years beginning af- ter December 31, 2007, the applicable in- terest rates under § 417(e)(3)(D) are seg- ment rates computed without regard to a 24-month average. For plan years begin- ning in 2008 through 2011, the applica- ble interest rates are the monthly spot seg- ment rates blended with the applicable rate under § 417(e)(3)(A)(ii)(II) as in effect for plan years beginning in 2007. Notice 2007–81 provides guidelines for determin- ing the minimum present value segment rates. Pursuant to that notice, the min- imum present value transitional segment rates determined for May 2012, taking into account the May 2012 30-year Treasury rate of 2.93 stated above, are as follows: June 25, 201210512012–26 I.R.B. For Plan Years Beginning in First Segment Second Segment Third Segment 20111.863.884.62 2012 1.59 4.12 5.04 DRAFTING INFORMATION The principal author of this notice is Tony Montanaro of the Employee Plans, Tax Exempt and Government Entities Division. Mr. Montanaro may be e-mailed atRetirementPlanQuestions@irs.gov. 2012–26 I.R.B.1052June 25, 2012 Table I Monthly Yield Curve for May 2012 Derived from May 2012 Data Maturity YieldMaturity YieldMaturity YieldMaturity YieldMaturity Yield 0.50.5220.5 4.83 40.55.0760.55.1680.55.20 1.0 0.85 21.04.8441.0 5.07 61.0 5.16 81.0 5.20 1.51.1421.54.8541.55.0861.55.1681.55.21 2.01.4022.04.8642.0 5.08 62.0 5.16 82.0 5.21 2.5 1.60 22.5 4.87 42.55.0862.55.1682.55.21 3.01.7823.04.8843.0 5.08 63.0 5.17 83.0 5.21 3.5 1.93 23.5 4.88 43.5 5.09 63.55.1783.55.21 4.02.0824.0 4.89 44.05.0964.0 5.17 84.0 5.21 4.52.2424.5 4.90 44.55.0964.55.1784.55.21 5.0 2.40 25.0 4.91 45.05.1065.05.1785.05.21 5.52.5625.5 4.91 45.55.1065.55.1785.55.21 6.02.7226.0 4.92 46.0 5.10 66.0 5.17 86.0 5.21 6.5 2.89 26.5 4.93 46.55.1066.55.1886.55.21 7.0 3.05 27.0 4.93 47.0 5.11 67.0 5.18 87.0 5.21 7.53.2127.5 4.94 47.55.1167.55.1887.55.21 8.03.3628.04.9548.0 5.11 68.0 5.18 88.0 5.22 8.53.5128.5 4.96 48.55.1168.55.1888.55.22 9.0 3.65 29.04.9649.0 5.12 69.0 5.18 89.0 5.22 9.53.7829.5 4.97 49.5 5.12 69.5 5.18 89.5 5.22 10.0 3.90 30.0 4.97 50.05.12 70.0 5.18 90.0 5.22 10.54.0130.5 4.98 50.55.1270.55.1890.55.22 11.04.1131.04.99 51.05.12 71.05.1991.0 5.22 11.5 4.20 31.5 4.99 51.55.1371.5 5.1991.5 5.22 12.04.2832.0 5.0052.05.13 72.05.19 92.0 5.22 12.54.3532.55.0052.55.1372.5 5.1992.5 5.22 13.04.4233.0 5.0153.05.13 73.05.19 93.0 5.22 13.54.4733.55.0153.55.1373.55.1993.55.22 14.0 4.52 34.0 5.0254.05.14 74.05.1994.0 5.22 14.54.5734.55.0254.55.1474.5 5.1994.5 5.22 15.0 4.61 35.05.0355.05.1475.0 5.1995.0 5.22 15.5 4.64 35.55.0355.55.1475.5 5.1995.5 5.23 16.04.6736.0 5.0456.05.14 76.0 5.20 96.0 5.23 16.54.7036.55.0456.55.1576.55.2096.55.23 17.04.7237.0 5.0457.05.15 77.0 5.20 97.0 5.23 17.5 4.74 37.55.0557.55.1577.55.20 97.5 5.23 18.04.7638.0 5.0558.05.15 78.0 5.20 98.0 5.23 18.5 4.78 38.55.0558.55.1578.55.20 98.5 5.23 19.04.7939.0 5.06 59.0 5.15 79.0 5.20 99.0 5.23 19.54.8139.55.0659.55.1679.55.2099.55.23 20.04.8240.0 5.07 60.0 5.16 80.0 5.20 100.0 5.23 June 25, 201210532012–26 I.R.B. Part IV. Items o fGeneralInterest Interim Guida nce on Rev. Rul. 2012–18 Announcement 2012–25 The Internal R evenue Service (Service) is providing a dministrative guidelines to examiners co ncerning Rev. Rul. 2012–18, published in the 2012–26 Internal Revenue Bulletin. 1 T he Service is aware that some businesses m ay have to change automated or manual re porting systems in order to comply with the proper treatment of ser- vice charge s as specified in Q&A 1 of Rev. Rul. 2012–1 8. When perfor ming a tip examination, examiners m ust ensure that distributed service ch arges are properly characterized as wages an dnottips. Q&A1ofRev. Rul. 2012– 18 reaffirms the factors that are used to determine whether payments constitu te tips or service charges. Q&A 1 of Rev. Ru l. 2012–18 provides that the absence o f any of the following factors creates a doubt as to whether a payment is a tip and i ndicates that the payment may beaserv ice charge: (1) The payment must be made free from compulsion; (2) The customer must have the unrestricted right to determine the amount; (3) The payment should not be the subject of negotiation or dictated by employer policy; and, (4) Generally, the customer has the right to determine who receives the payment. The Service is providing the interim guidance memorandum below to its ex- aminers. The memorandum provides that, in limited circumstances, an exam- iner should apply Q&A 1 of Rev. Rul. 2012–18 prospectively to amounts paid on or after January 1, 2013, in order to allow businesses not currently in com- pliance additional time to amend their business practices and make needed sys- tem changes. The Service is seeking public comments regarding this interim guidance and whether additional time is needed to ensure that systems are compli- ant. Comments on the interim guidance maybesubmittedonorbeforeSeptem- ber 24, 2012, either electronically at TIP.Program@irs.govor in writing to: Internal Revenue Service National Tip Reporting Compliance 3251 North Evergreen Dr. NE Grand Rapids, MI 49525 In a future announcement, the Ser- vice will also solicit public comments on proposed changes to the Service’s exist- ing voluntary tip compliance agreements. Specifically , the Service is considering sig- nificant chan ges to the Tip Reporting Al- ternative Com mitment (TRAC) program and other vari ations of TRAC agreements. Versions of t he existing voluntary tip com- pliance agre ements are available on the IRS website a t Market Segment Under- standings (M SU)http://www.irs.gov/busi- nesses/sma ll/article/0,,id=98944,00.html. They may als o be obtained from the IRS office list ed above. The Service is inter- estedinupd ating its suite of voluntary tip complianc e agreements to place a greater emphasis o n computations derived from Point of Sa le systems and the use of elec- tronic pay ment settlement methods, such as credit a nd debit cards. While employee educatio n will remain a focus of the Ser- vice’s ef forts, these new voluntary tip complian ce agreements will increase the particip ants’ reliance on internal control systems to improve employee tip reporting complia nce. Followi ng is a copy of the interim guid- ance mem orandum that examiners will use unti l procedures are published in the Interna l Revenue Manual, after receiving and cons idering comments submitted in respon se to this announcement. 1 Among the topics covered in this revenue ruling are reporting and depositing of FICA taxes on tips, Section 3121(q) Notice and Demand issues, and the section 45B credit. 2012–26 I.R.B.1054June 25, 2012 June 25, 201210552012–26 I.R.B. 2012–26 I.R.B.1056June 25, 2012 June 25, 201210572012–26 I.R.B. 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. 2012–26 I.R.B.iJune 25, 2012 Numerical Finding List 1 Bulletins 2012–1 through 2012–26 Announcements: 2012-1, 2012-1 I.R.B.249 2012-2, 2012-2 I.R.B.285 2012-3, 2012-4 I.R.B.335 2012-4, 2012-4 I.R.B.335 2012-5, 2012-5 I.R.B.348 2012-6, 2012-6 I.R.B.366 2012-7, 2012-6 I.R.B.367 2012-8, 2012-7 I.R.B.373 2012-9, 2012-7 I.R.B.377 2012-11, 2012-13 I.R.B.611 2012-12, 2012-12 I.R.B.562 2012-13, 2012-16 I.R.B.805 2012-14, 2012-14 I.R.B.721 2012-15, 2012-15 I.R.B.794 2012-16, 2012-18 I.R.B.876 2012-17, 2012-18 I.R.B.876 2012-18, 2012-16 I.R.B.845 2012-19, 2012-20 I.R.B.934 2012-20, 2012-18 I.R.B.876 2012-21, 2012-19 I.R.B.898 2012-22, 2012-19 I.R.B.899 2012-23, 2012-22 I.R.B.967 2012-24, 2012-23 I.R.B.982 2012-25, 2012-26 I.R.B.1054 Notices: 2012-1, 2012-2 I.R.B.260 2012-3, 2012-3 I.R.B.289 2012-4, 2012-3 I.R.B.290 2012-5, 2012-3 I.R.B.291 2012-6, 2012-3 I.R.B.293 2012-7, 2012-4 I.R.B.308 2012-8, 2012-4 I.R.B.309 2012-9, 2012-4 I.R.B.315 2012-10, 2012-5 I.R.B.343 2012-11, 2012-5 I.R.B.346 2012-12, 2012-6 I.R.B.365 2012-13, 2012-9 I.R.B.421 2012-14, 2012-8 I.R.B.411 2012-15, 2012-9 I.R.B.424 2012-16, 2012-9 I.R.B.427 2012-17, 2012-9 I.R.B.430 2012-18, 2012-10 I.R.B.438 2012-19, 2012-10 I.R.B.440 2012-20, 2012-13 I.R.B.574 2012-21, 2012-10 I.R.B.450 2012-22, 2012-13 I.R.B.576 2012-23, 2012-11 I.R.B.483 2012-24, 2012-13 I.R.B.578 2012-25, 2012-15 I.R.B.789 2012-26, 2012-17 I.R.B.847 Notices— Continued: 2012-27, 2012-17 I.R.B.849 2012-28, 2012-17 I.R.B.850 2012-29, 2012-18 I.R.B.872 2012-30, 2012-18 I.R.B.874 2012-31, 2012-20 I.R.B.906 2012-32, 2012-20 I.R.B.910 2012-33, 2012-20 I.R.B.912 2012-34, 2012-21 I.R.B.937 2012-35, 2012-21 I.R.B.937 2012-36, 2012-22 I.R.B.962 2012-37, 2012-24 I.R.B.1014 2012-38, 2012-24 I.R.B.1014 2012-40, 2012-26 I.R.B.1046 2012-41, 2012-26 I.R.B.1048 2012-42, 2012-26 I.R.B.1049 2012-43, 2012-26 I.R.B.1050 Proposed Regulations: REG-168745-03, 2012-14 I.R.B.718 REG-137589-07, 2012-21 I.R.B.942 REG-142561-07, 2012-25 I.R.B.1020 REG-139991-08, 2012-21 I.R.B.945 REG-141075-09, 2012-25 I.R.B.1028 REG-109369-10, 2012-9 I.R.B.434 REG-110980-10, 2012-13 I.R.B.581 REG-113770-10, 2012-13 I.R.B.587 REG-113903-10, 2012-11 I.R.B.486 REG-120282-10, 2012-11 I.R.B.487 REG-130302-10, 2012-8 I.R.B.412 REG-135491-10, 2012-16 I.R.B.803 REG-149625-10, 2012-2 I.R.B.279 REG-102988-11, 2012-4 I.R.B.326 REG-107548-11, 2012-23 I.R.B.977 REG-115809-11, 2012-13 I.R.B.598 REG-119632-11, 2012-23 I.R.B.978 REG-124627-11, 2012-8 I.R.B.417 REG-124791-11, 2012-15 I.R.B.791 REG-130777-11, 2012-5 I.R.B.347 REG-132736-11, 2012-15 I.R.B.793 REG-135071-11, 2012-12 I.R.B.561 REG-136008-11, 2012-19 I.R.B.881 REG-141268-11, 2012-19 I.R.B.896 REG-144267-11, 2012-21 I.R.B.949 REG-145474-11, 2012-11 I.R.B.495 REG-117645-12, 2012-22 I.R.B.965 Revenue Procedures: 2012-1, 2012-1 I.R.B.1 2012-2, 2012-1 I.R.B.92 2012-3, 2012-1 I.R.B.113 2012-4, 2012-1 I.R.B.125 2012-5, 2012-1 I.R.B.169 2012-6, 2012-1 I.R.B.197 2012-7, 2012-1 I.R.B.232 2012-8, 2012-1 I.R.B.235 Revenue Procedures— Continued: 2012-9, 2012-2 I.R.B.261 2012-10, 2012-2 I.R.B.273 2012-11, 2012-7 I.R.B.368 2012-12, 2012-2 I.R.B.275 2012-13, 2012-3 I.R.B.295 2012-14, 2012-3 I.R.B.296 2012-15, 2012-7 I.R.B.369 2012-16, 2012-10 I.R.B.452 2012-17, 2012-10 I.R.B.453 2012-18, 2012-10 I.R.B.455 2012-19, 2012-14 I.R.B.689 2012-20, 2012-14 I.R.B.700 2012-21, 2012-11 I.R.B.484 2012-22, 2012-17 I.R.B.853 2012-23, 2012-14 I.R.B.712 2012-24, 2012-20 I.R.B.913 2012-25, 2012-20 I.R.B.914 2012-26, 2012-20 I.R.B.933 2012-27, 2012-21 I.R.B.940 Revenue Rulings: 2012-1, 2012-2 I.R.B.255 2012-2, 2012-3 I.R.B.286 2012-3, 2012-8 I.R.B.383 2012-4, 2012-8 I.R.B.386 2012-5, 2012-5 I.R.B.337 2012-6, 2012-6 I.R.B.349 2012-7, 2012-6 I.R.B.362 2012-8, 2012-13 I.R.B.563 2012-9, 2012-11 I.R.B.475 2012-10, 2012-14 I.R.B.614 2012-11, 2012-14 I.R.B.686 2012-12, 2012-15 I.R.B.748 2012-13, 2012-19 I.R.B.878 2012-14, 2012-24 I.R.B.1012 2012-15, 2012-23 I.R.B.975 2012-16, 2012-24 I.R.B.1035 2012-17, 2012-25 I.R.B.1018 2012-18, 2012-26 I.R.B.1032 Treasury Decisions: 9559, 2012-2 I.R.B.252 9560, 2012-4 I.R.B.299 9561, 2012-5 I.R.B.341 9562, 2012-5 I.R.B.339 9563, 2012-6 I.R.B.354 9564, 2012-14 I.R.B.614 9565, 2012-8 I.R.B.378 9566, 2012-8 I.R.B.389 9567, 2012-8 I.R.B.395 9568, 2012-12 I.R.B.499 9569, 2012-11 I.R.B.465 9570, 2012-11 I.R.B.477 9571, 2012-11 I.R.B.468 9572, 2012-11 I.R.B.471 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2011–27 through 2011–52 is in Internal Revenue Bulletin 2011–52, dated December 27, 2011. June 25, 2012ii2012–26 I.R.B. Treasury Decisions— Continued: 9573, 2012-12 I.R.B.498 9574, 2012-12 I.R.B.559 9575, 2012-15 I.R.B.749 9576, 2012-15 I.R.B.723 9577, 2012-15 I.R.B.730 9579, 2012-16 I.R.B.796 9580, 2012-16 I.R.B.801 9581, 2012-16 I.R.B.798 9582, 2012-18 I.R.B.868 9583, 2012-18 I.R.B.866 9584, 2012-20 I.R.B.900 9585, 2012-21 I.R.B.935 9586, 2011-22 I.R.B.960 9587, 2012-22 I.R.B.953 9588, 2012-23 I.R.B.969 9589, 2012-23 I.R.B.971 9590, 2012-24 I.R.B.986 2012–26 I.R.B.iiiJune 25, 2012 Finding List of Current Actions on Previously Published Items 1 Bulletins 2012–1 through 2012–26 Announcements: 2002-44 Supplemented by Notice 2012-13, 2012-9 I.R.B.421 2010-19 Obsoleted by Ann. 2012-12, 2012-12 I.R.B.562 2011-63 Corrected by Ann. 2012-9, 2012-7 I.R.B.377 Notices: 2006-52 As clarified and amplified by Notice 2008-40, is modified by Notice 2012-26, 2012-17 I.R.B.847 2006-87 Superseded by Notice 2012-19, 2012-10 I.R.B.440 2006-99 Superseded in part by Notice 2012-20, 2012-13 I.R.B.574 2007-25 Superseded by Notice 2012-19, 2012-10 I.R.B.440 2007-47 Obsoleted by REG-137589-07, 2012-21 I.R.B.942 2007-77 Superseded by Notice 2012-19, 2012-10 I.R.B.440 2007-95 Obsoleted in part by T.D. 9576, 2012-15 I.R.B.723 2008-98 Modified by Notice 2012-29, 2012-18 I.R.B.872 2008-107 Superseded by Notice 2012-19, 2012-10 I.R.B.440 2009-86 Modified by Notice 2012-29, 2012-18 I.R.B.872 2010-27 Superseded by Notice 2012-19, 2012-10 I.R.B.440 Notices— Continued: 2010-88 As modified by Ann. 2011-40, is superseded by Notice 2012-1, 2012-2 I.R.B.260 2010-92 Obsoleted by T.D. 9577, 2012-15 I.R.B.730 2011-8 Superseded by Notice 2012-19, 2012-10 I.R.B.440 2011-28 Superseded by Notice 2012-9, 2012-4 I.R.B.315 2011-51 Modified and superseded by Notice 2012-37, 2012-24 I.R.B.1014 Proposed Regulations: REG-208274-86 Withdrawn by Ann. 2012-11, 2012-13 I.R.B.611 REG-151687-10 Withdrawn by Ann. 2012-23, 2012-22 I.R.B.967 Revenue Procedures: 2000-43 Amplified, modified and superseded by Rev. Proc. 2012-18, 2012-10 I.R.B.455 2003-61 Superseded by Notice 2012-8, 2012-4 I.R.B.309 2007-44 Modified by Ann. 2012-3, 2012-4 I.R.B.335 2010-43 Superseded by Rev. Proc. 2012-22, 2012-17 I.R.B.853 2011-1 Superseded by Rev. Proc. 2012-1, 2012-1 I.R.B.1 2011-2 Superseded by Rev. Proc. 2012-2, 2012-1 I.R.B.92 2011-3 Superseded by Rev. Proc. 2012-3, 2012-1 I.R.B.113 2011-4 Superseded by Rev. Proc. 2012-4, 2012-1 I.R.B.125 Revenue Procedures— Continued: 2011-5 Superseded by Rev. Proc. 2012-5, 2012-1 I.R.B.169 2011-6 Superseded by Rev. Proc. 2012-6, 2012-1 I.R.B.197 2011-7 Superseded by Rev. Proc. 2012-7, 2012-1 I.R.B.232 2011-8 Superseded by Rev. Proc. 2012-8, 2012-1 I.R.B.235 2011-9 Superseded by Rev. Proc. 2012-9, 2012-2 I.R.B.261 2011-10 Superseded by Rev. Proc. 2012-10, 2012-2 I.R.B.273 2011-14 Modified and clarified by Rev. Proc. 2012-19, 2012-14 I.R.B.689 Rev. Proc. 2012-20, 2012-14 I.R.B.700 2011-23 Obsoleted in part by Rev. Proc. 2012-25, 2012-20 I.R.B.914 2011-37 Obsoleted in part by Rev. Proc. 2012-16, 2012-10 I.R.B.452 2011-40 Corrected by Ann. 2012-6, 2012-6 I.R.B.366 2011-49 Modified by Ann. 2012-3, 2012-4 I.R.B.335 2011-50 Corrected by Ann. 2012-6, 2012-6 I.R.B.366 2011-51 Corrected by Ann. 2012-6, 2012-6 I.R.B.366 2011-62 Corrected by Ann. 2012-17, 2012-18 I.R.B.876 2012-8 Corrected by Ann. 2012-7, 2012-6 I.R.B.367 Revenue Rulings: 92-19 Supplemented in part by Rev. Rul. 2012-6, 2012-6 I.R.B.349 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2011–27 through 2011–52 is in Internal Revenue Bulletin 2011–52, dated December 27, 2011. June 25, 2012iv2012–26 I.R.B. Revenue Rulings— Continued: 92-53 Amplified by Rev. Rul. 2012-14, 2012-24 I.R.B.1012 95-7 Modified and superseded by Rev. Rul. 2012-18, 2012-26 I.R.B.1032 2008-40 Modified by Notice 2012-6, 2012-3 I.R.B.293 2011-1 Modified by Notice 2012-6, 2012-3 I.R.B.293 2012-9 Modified by Rev. Rul. 2012-12, 2012-15 I.R.B.748 Treasury Decision: 9517 Corrected by Ann. 2012-4, 2012-4 I.R.B.335 Ann. 2012-5, 2012-5 I.R.B.348 2012–26 I.R.B.vJune 25, 2012 INDEX Internal Revenue Bulletins 2012–1 through 2012–26 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 Determination letters, issuing procedures (RP 6) 1,197 Employer-sponsored health plan, minimum value (Notice 31) 20, 906 Fees on health insurance policies and self-insured health plans for the Patient-Centered Outcomes Research Trust Fund (REG–136008–11) 19,881 Full funding limitations, weighted average interest rates, seg- ment rates for: January 2012 (Notice 10) 5,343 February 2012 (Notice 16) 9,498 March 2012 (Notice 24) 13,578 April 2012 (Notice 28) 17,850 May2012(Notice36)22,962 June 2012 (Notice 43) 26,1050 Letter rulings: And determination letters, areas which will not be issued from: Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,113 Associate Chief Counsel (International) (RP 7) 1,232 And general information letters, procedures (RP 4) 1,125 User fees, request for letter rulings (RP 8) 1,235; correction (Ann 7) 6,367 Longevity annuity contracts (REG–115809–11) 13,598 Modifications to minimum present value requirements for par- tial annuity distribution options under defined benefit pension plans (REG–110980–10) 13,581 Property transferred in connection with the performance of ser- vices under section 83 (REG–141075–09) 25,1028 EMPLOYEE PLANS—Cont. Proposed Regulations: 26 CFR 1.83–3, amended; property transferred in connec- tion with the performance of services under section 83 (REG–141075–09) 25,1028 26 CFR 1.401(a)(9)–5, –6, amended; 1.403(b)–6, amended; 1.408–8, amended; 1.408A–6, amended; 1.6047–2, added; longevity annuity contracts (REG–115809–11) 13,598 26 CFR 1.417(e)–1, amended; modifications to mini- mum present value requirements for partial annuity distribution options under defined benefit pension plans (REG–110980–10) 13,581 26 CFR 40.0–1, amended; 40.6011(a)–1, amended; 40.607(a)–1, amended; 40.6091–1(a), amended; 40.6302(c)–1, amended; 46.0–1, amended; 46.0–2, re- moved; 46.4375–1, added; 46.4376–1, added; 46.4377–1, added; fees on health insurance policies and self-insured health plans for the Patient-Centered Outcomes Research Trust Fund (REG–136008–11) 19,881 Qualified plans: Accrued benefits (RR 4) 8,386 Determination letters (Ann 3) 4,335 Group trusts (Notice 6) 3,293 Qualified joint and survivors annuities (RR 3) 8,383 Retirement plans, covered compensation, permitted disparity (RR 5) 5,337 Regulations: 26 CFR 54.9815–2715, added; 602.101(b), amended; sum- mary of benefits and coverage and uniform glossary (TD 9575) 15,749 Request for information regarding stop loss insurance (REG–117645–12) 22,965 Summary of benefits and coverage and uniform glossary (TD 9575) 15,749 Technical advice to IRS employees (RP 5) 1,169 EMPLOYMENT TAX Employer’s annual federal tax return and modifications to the deposit rules (TD 9566) 8,389 Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Interim guidance for cost of health care coverage reporting on Form W-2 (Notice 9) 4,315 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Proposed Regulations: 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 26 CFR 301.6103(I)(21)–1, added; regulations pertaining to the disclosure of return information to carry out eligibil- ity requirements for health insurance affordability programs (REG–119632–11) 23,978 June 25, 2012vi2012–26 I.R.B. EMPLOYMENT TAX—Cont. Regulations: 26 CFR 31.3402(t)–0 thru –7, removed; 31.6011(a)–4, amended; 31.6051–5, removed; 31.6071(a)–1, amended; 31.6302–1, amended; 31.6302–4, amended; removal of regulations requiring 3% withholding by government enti- ties (TD 9586) 22,960 26 CFR 31.6011(a)–1, –4, amended; 31.6011(a)–1T, –4T, re- moved; 31.6071(a)–1, amended; 31.6302–0, –1, amended; 31.6302–0T, –1T, removed; employer’s annual federal tax return and modifications to the deposit rules (TD 9566) 8, 389 26 CFR 301.7623, amended; rewards and awards for infor- mation relating to violations of internal revenue laws (TD 9580) 17,801 Regulations pertaining to the disclosure of return information to carry out eligibility requirements for health insurance afford- ability programs (REG–119632–11) 23,978 Removal of regulations requiring 3% withholding by govern- ment entities (TD 9586) 22,960 Rewards and awards for information relating to violations of in- ternal revenue laws (TD 9580) 17,801 Tips for both employee and employer (RR 18) 26,1032 Tips, interim guidance on Rev. Rul. 2012–18 (Ann 25) 26,1054 Technical Advice Memoranda (RP 2) 1,92 Withholding on payments by government entities to persons pro- viding property or services, withdrawn (Ann 23) 22,967 Work opportunity tax credit (WOTC) (Notice 13) 9,492 ESTATE TAX Extension of time to file estate tax return to elect portability of a deceased spousal unused exclusion amount under section 2010(c) (Notice 21) 10,450 Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Guidance under sections 642 and 643 (income ordering rules) (TD 9582) 18,869 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Proposed Regulations: 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 26 CFR 301.6103(I)(21)–1, added; regulations pertaining to the disclosure of return information to carry out eligibil- ity requirements for health insurance affordability programs (REG–119632–11) 23,978 Regulations: 26 CFR 1.642(c)–3, amended; 1.643(a)–5, amended; guid- ance under sections 642 and 643 (income ordering rules) (TD 9582) 18,869 26 CFR 301.7623, amended; rewards and awards for infor- mation relating to violations of internal revenue laws (TD 9580) 17,801 ESTATE TAX—Cont. Regulations pertaining to the disclosure of return information to carry out eligibility requirements for health insurance afford- ability programs (REG–119632–11) 23,978 Rewards and awards for information relating to violations of in- ternal revenue laws (TD 9580) 17,801 Technical Advice Memoranda (RP 2) 1,92 EXCISE TAX Aviation fuels, air transportation (Notice 27) 17,849 Fees on health insurance policies and self-insured health plans for the Patient-Centered Outcomes Research Trust Fund (REG–136008–11) 19,881 Frequently asked questions, Patient Protection and Affordable Care Act (Notice 17) 9,501 Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Guidance regarding the repeal of section 163(f)(2)(B) (Notice 20) 13,574 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Proposed Regulations: 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 26 CFR 48.4191–1, –2, added; 48.4221–1, –2, amended; 48.4221–2, amended; 48.6416(b)(2)–2, amended; taxable medical devices (REG–113770–10) 13,587 26 CFR 40.0–1, amended; 40.6011(a)–1, amended; 40.607(a)–1, amended; 40.6091–1(a), amended; 40.6302(c)–1, amended; 46.0–1, amended; 46.0–2, re- moved; 46.4375–1, added; 46.4376–1, added; 46.4377–1, added; fees on health insurance policies and self-insured health plans for the Patient-Centered Outcomes Research Trust Fund (REG–136008–11) 19,881 26 CFR 301.6103(I)(21)–1, added; regulations pertaining to the disclosure of return information to carry out eligibil- ity requirements for health insurance affordability programs (REG–119632–11) 23,978 Regulations: 26 CFR 54.9815–2715, added; 602.101(b), amended; sum- mary of benefits and coverage and uniform glossary (TD 9575) 15,749 26 CFR 301.7623, amended; rewards and awards for infor- mation relating to violations of internal revenue laws (TD 9580) 17,801 Regulations pertaining to the disclosure of return information to carry out eligibility requirements for health insurance afford- ability programs (REG–119632–11) 23,978 Rewards and awards for information relating to violations of in- ternal revenue laws (TD 9580) 17,801 Summary of benefits and coverage and uniform glossary (TD 9575) 15,749 Taxable medical devices (REG–113770–10) 13,587 Technical Advice Memoranda (RP 2) 1,92 Telephone excise tax refund deadline (Ann 16) 18,873 2012–26 I.R.B.viiJune 25, 2012 EXEMPT ORGANIZATIONS Annual notice to donors regarding pending and settled declara- tory judgment suits (Ann 1) 1,249 Application for recognition as a 501(c)(29) organization (TD 9574) 12,559; (REG–135071–11) 12,561 Certain filing changes for tax-exempt organizations (Notice 4) 3, 290 Examples of program-related investments (REG–144267–11) 21,949 Letter rulings: And determination letters: Areas which will not be issued from Associates Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,113 Qualified nonprofit health insurance issuers, procedures (RP 11) 7,368 And general information letters, procedures (RP 4) 1,125 Exemption application determination letter rulings under sec- tions 501, 509, 4940, and 4942 (RP 10) 2,273 Exemption application determination letter rulings under sec- tions 501 and 521 (RP 9) 2,261 User fees, request for letter rulings (RP 8) 1,235; correction (Ann 7) 6,367 Method of reporting Form 990 information regarding interests in partnership (Ann 19) 20,934 Public inspection of material relating to tax-exempt organiza- tions (TD 9581) 17,798 Procedures for charitable trusts to obtain Type III supporting or- ganization classification rulings (Ann 12) 12,562 Proposed Regulations: 26 CFR 1.501(c)(29)–1, added; application for recognition as a 501(c)(29) organization (REG–135071–11) 12,561 26 CFR 53.4944–3, amended; examples of program-related investments (REG–144267–11) 21,949 Regulations: 26 CFR 1.1501(c)(29)–1T, added;application for recognition as a 501(c)(29) organization (TD 9574) 12,559 26 CFR 301.6104(a)–1, revised; 301.6110-1, amended; pub- lic inspection of material relating to tax-exempt organiza- tions (TD 9581) 17,798 Revocations (Ann 15) 15,794; (Ann 18) 16,845;(Ann20)18, 876; (Ann 22) 19,899 Technical advice to IRS employees (RP 5) 1,169 GIFT TAX Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Guidance under sections 642 and 643 (income ordering rules) (TD 9582) 18,869 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Proposed Regulations: 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 GIFT TAX—Cont. 26 CFR 301.6103(I)(21)–1, added; regulations pertaining to the disclosure of return information to carry out eligibil- ity requirements for health insurance affordability programs (REG–119632–11) 23,978 Regulations: 26 CFR 1.642(c)–3, amended; 1.643(a)–5, amended; guid- ance under sections 642 and 643 (income ordering rules) (TD 9582) 18,868 26 CFR 301.7623, amended; rewards and awards for infor- mation relating to violations of internal revenue laws (TD 9580) 17,801 Regulations pertaining to the disclosure of return information to carry out eligibility requirements for health insurance afford- ability programs (REG–119632–11) 23,978 Rewards and awards for information relating to violations of in- ternal revenue laws (TD 9580) 17,801 Technical Advice Memoranda (TAMs) (RP 2) 1,92 INCOME TAX 2012 inflation adjustment factors and reference prices for pur- poses of computing the production tax credit under section 45 (Notice 35) 21,937 Adequate notice revenue procedure renewal (RP 15) 7,369 Advance Pricing Agreement Program (APA) 2011 (Ann 13) 16, 805 Agency for a consolidated group (REG–142561–07) 25,1020 Allocation and apportionment of interest expense (TD 9571) 11, 468; (REG–113903–11) 11,486 Allocation of earnings and profits in tax-free transfers from one corporation to another (REG–141268–11) 19,896 Allocation of mortgage insurance premiums (TD 9588) 23,969 Application of the segregation rules to small shareholders (REG–149625–10) 2,279 Asset tests, real estate investment trust (REIT) (RR 17) 25,1018 Average area purchase price safe-harbors guidance for 2012 (RP 25) 20,915 Basis reporting by securities brokers and basis determination for debt instruments and options (REG–102988–11) 4,326;(No- tice 34) 21,937 Bonds, national and area median gross income figures guidance for 2012 (RP 16) 10,452 Cafeteria plans (Notice 40) 26,1046 Certain transfers of property to regulated investment com- panies (RICs) and real estate investment trusts (REITs) (REG–139991–08) 21,945 Changes affecting tax year 2011 filing of information returns (Ann 6) 6,366 Conduit financing arrangements (TD 9562) 5,339 Continuing education provider and accrediting organization (RP 12) 2,275 Corporate reorganization, guidance on the measurement of con- tinuity of interest (TD 9565) 8,378; (REG–124627–11) 8,417 Credits: Carbon dioxide sequestration (Notice 42) 26,1049 June 25, 2012viii2012–26 I.R.B. INCOME TAX—Cont. Iowa credit disaster relief (Notice 7) 4,308 New markets tax credit (TD 9560) 4,299 Reimbursements under section 1603 of American Recovery and Reinvestment Tax Act (ARRTA) of 2009 (Notice 23) 11,485 Low-income housing credit: 2012 population figures used for calculations (Notice 22) 13,576 Recapture under new section 42(j)(6) (RP 27) 21,940 Section 42 qualified contract provisions (TD 9587) 22,953 Work opportunity tax credit (WOTC) (Notice 13) 9,492 Current refundings of tax-exemptbonds in certain disaster relief bond programs (Notice 3) 3,289 Damages received on account of personal physical injuries or physical sickness (TD 9573) 12,498 Deduction for energy efficient commercial building property (Notice 26) 17,847 Definition of a taxpayer (TD 9576) 15,723 Depreciation, 2012 limitation ondeductions for passenger auto- mobiles (RP 23) 14,712 Determination of housing cost amounts eligible for exclusion or deduction for 2012 (Notice 19) 10,440 Disciplinary actions involvingattorneys, certified public ac- counts, enrolled agents, andenrolled actuaries (Ann 8) 7,373; (Ann 24) 23,982 Dividend equivalents from sources within the United States (TD 9527) 11,474; (REG–120282–10) 11,487 Electronic filing of K–1s (RP 17) 10,453 Employer-sponsored health plan, minimum value (Notice 31) 20, 906 Equitable relief under section 66(c) or section 6015(f) (Notice 8) 4,309 Ex parte communications between appeals and other Internal Revenue Employees (RP 18) 10,455 Extension of relief and procedures for eligible taxpayers claiming benefits of the Military Spouses Residency Relief Act (Notice 41) 26,1048 Extension of time to file estate tax return to elect portability of a deceased spousal unused exclusion amount under section 2010(c) (Notice 21) 10,450 Foreign earned income exclusion, 2011 update (RP 21) 11,484 Foreign tax credit splitting events (TD 9577) 15,730; (REG–132736–11) 15,793 Forms: W-2 and W-3, general rules and specifications, correction to RP2011–62(Ann17)18,873 W-2c and W-2c, general rules and specifications (RP 22) 17, 853 1097, 1098, 3921, 3922, 5498, 8935, and W-2, requirements for filing electronically; correction to Rev. Proc. 2011–40 (Ann 2) 2,285 Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Gross income, exclusions, restitution payments under the Traf- ficking Victims Protection Act of 2000 (Notice 12) 6,365 INCOME TAX—Cont. Guidance on reporting of interest paid to nonresident aliens (TD 9584) 20,900 Guidance priority list (Notice 25) 15,789 Guidance regarding deduction and capitalization of expen- ditures related to tangible property (TD 9564) 14,614; (REG–168745–03) 14,718 Guidance regarding foreign base company sales income (TD 9563) 6,354 Guidance regarding the repeal of section 163(f)(2)(B) (Notice 20) 13,574 Guidance under section 267(f), deferral of loss on transactions (TD 9583) 18,866 Guidance under sections 642 and643 (income ordering rules) (TD 9582) 18,869 Health insurance coverage, information reporting (Notice 32) 20, 910 Health insurance premium tax credit (TD 9590) 24,986 Health savings accounts (HSAs): Indian health service (Notice 14) 8,411 Inflation adjusted amounts (RP 26) 20,933 Information reporting by passport applicants (Ann 11) 13,611 Insurance companies, treatment of Blue Cross Blue Shield orga- nizations and certain other health organizations (Notice 37) 24, 1014 Insurance tax, insurance companies, interest rate tables (RR 6) 6, 349 Interest: Investment: Federal short-term, mid-term, and long-term rates for: January (RR 2) 3,286 February (RR 7) 6,362 March (RR 9) 11,478; correction (RR 12) 15,748 April (RR 11) 14,686 May (RR 13) 19,878 June (RR 15) 23,974 Rates: Underpayment and overpayments, quarter beginning: April 1, 2012 (RR 8) 13,563 July 1, 2012 (RR 16) 26,1035 Letters rulings: And determination letters, areas which will not be issued from: Associate Chief Counsel and Division Counsel (TE/GE) (RP 3) 1,113 Associate Chief Counsel (International) (RP 7) 1,232 And information letters issued byAssociate Offices, determi- nation letters issued by Operating Divisions (RP 1) 1,1 Local lodging expenses (REG–137589–07) 21,942 Maximum vehicle values, special valuation rules, 2012 (RP 13) 3,295 Measuring partner insolvency upon cancellation of partnership nonrecourse debt (RR 14) 24,1012 Modifications to definition of United States property (TD 9589) 23,971; (REG–1075448–11) 23,977 2012–26 I.R.B.ixJune 25, 2012 INCOME TAX—Cont. Nonconventional source fuel credit, 2011 section 45K inflation adjustment factor, section 45K reference price (Notice 30) 18, 874 Notice seeking public comments on implementation of Rev. Rul. 2006–57 (Notice 38) 24,1014 Physical inspection pilot program (Notice 18) 10,438 Procedure for obtaining automatic consent to change to the method of accounting provided in sections 1.162–3T, 1.162–4T, 1.263(a)–1T, 1.263(a)–2T, and 1.263(a)–3T (TD 9564) for taxable years beginning on or after January 1, 2012 (RP 19) 14,689 Procedure for obtaining automatic consent to change to the method of accounting providedin sections 1.167(a)–4T, 1.168(i)–1T, 1.168(k)–7T, and1.168(i)–8T (TD 9564) for taxable years beginning on or after January 1, 2012 (RP 20) 14,700 Property transferred in connection with the performance of ser- vices under section 83 (REG–141075–09) 25,1028 Proposed Regulations: 26 CFR 1.83–3, amended; property transferred in connec- tion with the performance of services under section 83 (REG–141075–09) 25,1028 26 CFR 1.162–3T, –4T, –11T, added; 1.165–2T, added; 1.167(a)–4T, –7T, –8T, added; 1.263(a)–1T, –2T, –3T, –6T, added; 1.263A–1T, added; 1.1016–3T, added; 1.162–11, amended; 1.165–2, amended; 1.167(a)–7, –8, amended; 1.168(i)–0, –1, amended; 1.263(a)–0, amended, 1.1016–3, amended; 1.162–6, removed;1.162–3, –4, re- vised; 1.167(a)–4, revised, 1.263(a)–1, –2, –3, revised, guidance regarding deduction and capitalization of expen- ditures relating to tangible property (REG–168745–03) 14, 614 26 CFR 1.162–31, added; 1.262–1, amended; local lodging expenses (REG–137589–07) 21,942 26 CFR 1.275–7, revised; treasury inflation-protected securi- ties issued at a premium (REG–130777–11) 5,347 26 CFR 1.312–11, amended; 1.381(c)(2)–1(d), removed; al- location of earnings and profits in tax-free transfers from one corporation to another (REG–141268–11) 19,896 26 CFR 1.337(d)–7, amended; certain transfers of property to regulated investment companies (RICs) and real estate investment trusts (REITs) (REG–139991–08) 21,945 26 CFR 1.338–1, amended; 1.1502–41A, revised; 1.1502–77, amended; 1.1502–77B, added; agency for a consolidated group (REG–142651–07) 25,1020 26 CFR 1.368–1, amended; corporate reorganizations, guidance on the measurement of continuity of interest (REG–124627–11) 8,417 26 CFR 1.382–3, amended; application of section 382 seg- regation rules to small shareholders (REG–149625–10) 2, 279 26 CFR 1.469–0, amended; 1.469–5, –5T, –9, revised; mate- rial participation of limited partners (REG–109369–10) 9, 434 26 CFR 1.482–7, amended; use of differential income stream as an application of the income method and as a consider- INCOME TAX—Cont. ation in assessing the best method (REG–145474–11) 11, 497 26 CFR 1.704–1, amended; 1.909–0 thru 6, added; foreign tax credit splitting events (REG–132736–11) 15,793 26 CFR 1.861–9, –11, revised; allocation and apportionment of interest expense (REG–113903–11) 11,488 26 CFR 1.863–7, amended; 1.871–15, –16, added; 1.881–2, added; 1.892–3, added; 1.894–1, added; 1.1441–2, –3, –4, –6, –7, amended; 1.1461–1, amended; dividend equivalents from sources within the United States (REG–120282–10) 11,489 26 CFR 1.965–2, amended; modifications to definition of United States property (REG–107548–11) 23,977 26 CFR 1.6038D–0 thru –8, added; reporting of specified for- eign financial assets (REG–130302–10) 8,412 26 CFR 1.6045–1, amended; 1.6045A–1, amended; 1.6045B–1, amended; basis reporting by securities brokers and basis determination for debt instruments and options (REG–102988–11) 4,326 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 26 CFR 301.6103(I)(21)–1, added; regulations pertaining to the disclosure of return information to carry out eligibil- ity requirements for health insurance affordability programs (REG–119632–11) 23,978 Publications: 1141, general rules and specifcations for Forms W-2 and W-3, correction to RP 2011–62 (Ann 17) 18,873 1187, specifications for filing Form 1040–S, foreign person’s U.S. source income subject to withholding, electronically; correction (Ann 6) 6,366 1220, specifications for filing Forms 1097, 1098, 3921, 3922, 5498, 8935, and W-2 electronically; correction to Rev. Proc. 2011–40 (Ann 2) 2,285; correction (Ann 6) 6,366 1223, general rules and specifications for Forms W-2c and W-3c (RP 22) 17,853 1239, specifications for filing Form 8027, employer’s annual information return of tip income and allocated tips, elec- tronically; correction (Ann 6) 6,366 Recurring item exception (RR 1) 2,255 Regulations: 26 CFR 1.36B–0, –5, added; 1.6011–8, added; 1.6012–1, added; 602.101, amended; health insurance premium tax credit (TD 9590) 24,986 26 CFR 1.42–18, added; 602.101, amended; section 42 qual- ified contract provisions (TD 9587) 22,953 26 CFR 1.45D–1, added; 1.45D–1, amended; new markets tax credit (TD 9560) 4,299 26 CFR 1.104–1, revised; damages received on account of personal physical injuries or physical sickness (TD 9573) 12,498 26 CFR 1.163–11, added; 1.163–11T, removed; allocation of mortgage insurance premiums (TD 9588) 23,969 26 CFR 1.267(f)–1, amended guidance under section 267(f), deferral of loss on transactions (TD 9583) 18,866 June 25, 2012x2012–26 I.R.B. INCOME TAX—Cont. 26 CFR 1.275–7T, added; treasury inflation-protected securi- ties issued at a premium (TD 9561) 5,341 26 CFR 1.367(a)–1, –1T, amended; 1.482–0, –1, –2, –4, –5, –8, –9, amended; 1.482–0T, –1T, –2T, –4T, —7T, –8T, –9T, removed; 1.482–7, added; 1.861–17, amended; 1.6662–6, amended; 301.7701–1, amended; 602.101, revised; section 482, methods to determine taxable income in connection with a cost sharing arrangement (TD 9568) 12,499 26 CFR 1.368–1, amended; 1.368–1T, removed; corporate reorganizations, guidance on the measurement of continuity of interest (TD 9565) 8,378 26 CFR 1.482–7, amended; 1.482–7T, added; use of differen- tial income stream as an application of the income method and as a consideration in assessing the best method (TD 9569) 11,465 26 CFR 1.642(c)–3, amended; 1.643(a)–5, amended; guid- ance under sections 642 and 643 (income ordering rules) (TD 9582) 18,869 26 CFR 1.704–1, amended; 1.704–1T, added; 1.909–0T, –2T. –3T, –4T, –5T, –6T, added; foreign tax credit splitting events (TD 9577) 15,730 26 CFR 1.706–1, amended; 1.901–2, amended; definition of a taxpayer (TD 9576) 15,723 26 CFR 1.861–9T, amended; 1.1.861–11T, amended; reduc- tion of foreign tax credit limitation categories under section 904(d) (TD 9571) 11,471 26 CFR 1.863–7, amended; 1.863–7T, added; 1.871–15T, added; 1.871–16T, added; 1.881–2, amended; 1.881–2T, added; 1.1441–2, –3, –4, –7, amended; 1.144–2T, –3T, –4T, –7T, added; 1.1461–1, amended; 1.1461–1T, added; divi- dend equivalents from sources within the United States (TD 9572) 11,471 26 CFR 1.863–10, added; 1.863–10T, removed; source of in- come from qualified fails charges (TD 9579) 16,796 26 CFR 1.881–3, amended; conduit financing arrangements (TD 9562) 5,339 26 CFR 1.954–3, amended; 1.954–3T, removed; guidance re- garding foreign base company sales income (TD 9563) 6, 354 26 CFR 1.965–2, –2T amended; modifications to definition of United States property (TD 9589) 23,971 26 CFR 1.1248–1, amended; 1.1248–1T, removed; treatment of gain recognized with respect to stock in certain foreign corporations upon distributions (TD 9585) 21,935 26 CFR 1.6038D–0T thru –8T, added; reporting of specified foreign financial assets (TD 9567) 8,395 26 CFR 1.6049–4, revised; 1.6049–5, –6, amended; 1.6049–8, revised; 31.3406(g)–1, revised; guidance on reporting of interest paid to nonresident aliens (TD 9584) 20,900 26 CFR 1.6695–2, revised; tax return preparer penalties under section 6695 (TD 9570) 11,479 26 CFR 300.0, amended; 300.12, revised; 300.13, added; user fee to take the registered tax return preparer competency examination (TD 9559) 2,252 INCOME TAX—Cont. 26 CFR 301.6109–1, amended; updating of employer identi- fication numbers (REG–135491–10) 17,803 26 CFR 301.7623, amended; rewards and awards for infor- mation relating to violations of internal revenue laws (TD 9580) 17,801 26 CFR 901.11, amended; regulations governing the perfor- mance of actuarial services under the Employee Retirement Income Security Act (ERISA)of 1974; correction (Ann 4) 4,335;correction(Ann5)5,348 Regulations governing the performance of actuarial services un- der the Employee Retirement Income Security Act (ERISA) of 1974; correction (Ann 4) 4,335; correction (Ann 5) 5,348 Regulations pertaining to the disclosure of return information to carry out eligibility requirements for health insurance afford- ability programs (REG–119632–11) 23,978 Reporting deposit interest, exchange of information (RP 24) 20, 913 Reporting of specified foreign financial assets (TD 9567) 8,395; (REG–130302–10) 8,412 Request for comments on reporting by applicable large employ- ers on health insurance coverage under employer-sponsored plans (Notice 33) 20,911 Rewards and awards for information relating to violations of in- ternal revenue laws (TD 9580) 17,801 Revocations, exempt organizations (Ann 15) 15,794; (Ann 18) 16,845; (Ann 20) 18,876; (Ann 22) 19,899 Safe harbor reporting: Eligible REMICs required to report on Schedule Q informa- tion with respect to REMIC assets (Notice 5) 3,291 Guidance for REIT investing in certain REMIC regular and residual interests (RP 14) 3,296 Section 304 transactions (Notice 15) 9,495 Section 482, methods to determine taxable income in connection with a cost sharing arrangement (TD 9568) 12,499 Source of income from qualified fails charges (TD 9579) 16,796 Standard industry fare level (SIFL) (RR 10) 14,614 Standard mileage rates, 2012 (Notice 1) 2,260 Student loan bonds (Ann 14) 14,721 Substitute forms, W-2c and W-3c, general rules and specifica- tions (RP 22) 17,853 Tax conventions: U.S.–Germany agreement on pensions (Ann 21) 19,898 Tax return preparer penalties under section 6695 (TD 9570) 11, 479 Technical Advice Memoranda (TAMs) (RP 2) 1,92 Transitional relief for section 6045B issuer returns and state- ments for 2011 organizational actions (Notice 11) 5,346 Treasury inflation-protected securities issued at a premium (TD 9561) 5,341; (REG–130777–11) 5,347 Treatment of gain recognized with respect to stock in certain for- eign corporations upon distributions (TD 9585) 21,935 Updating of employer identification numbers (REG-135491-10) 17,803 Use of differential income streamas an application of the income method and as a consideration in assessing the best method (TD 9569) 11,465; (REG–145474–11) 11,497 2012–26 I.R.B.xiJune 25, 2012 INCOME TAX—Cont. User fee to take the registered tax return preparer competency examination (TD 9559) 2,252 SELF-EMPLOYMENT TAX Furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Letter rulings and information letters issued by Associate Of- fices, determination letters issued by Operating Divisions (RP 1) 1,1 Proposed Regulations: 26 CFR 1.6109–2, amended; furnishing identifying number of tax return preparer (REG–124791–11) 15,791 Technical Advice Memoranda (TAMs) (RP 2) 1,92 June 25, 2012xii2012–26 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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