us-irs-revenue-rulings-irb-2015-4-pdf•Internal Revenue Bulletin 2015-4 (PDF rendition): IRS Revenue Rulings
Internal Revenue Bulletin 2015-4 (PDF rendition): IRS Revenue Rulings
us-irs-revenue-rulings-irb-2015-4-pdfInternal Revenue Bulletin 2015-4 (PDF rendition): IRS Revenue RulingsGuidance
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HIGHLIGHTS OF THIS ISSUE These synopses are intended only as aids to the reader in identifying the subject matter covered. They may not be relied upon as authoritative interpretations. INCOME TAX Rev. Rul. 2015–1, page 331. Federal rates; adjusted federal rates; adjusted federal long- term rate and the long-term exempt rate. For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for January 2015. Notice 2015–2, page 334. This notice provides a special administrative procedure that allows employers that treated transit benefits in excess of $130 per month per employee as wages in 2014 and have not yet filed their fourth quarter Form 941 for 2014 to make necessary corrections on their fourth quarter Form 941. EMPLOYMENT TAX Notice 2015–2, page 334. This notice provides a special administrative procedure that allows employers that treated transit benefits in excess of $130 per month per employee as wages in 2014 and have not yet filed their fourth quarter Form 941 for 2014 to make necessary corrections on their fourth quarter Form 941. Finding Lists begin on page ii. Bulletin No. 2015– 4 January 26, 2015 The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and en- force the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conven- tions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless other- wise indicated. Procedures relating solely to matters of internal management are not published; however, statements of inter- nal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identify- ing details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legisla- tion and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rul- ings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Sec- retary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbar- ment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. The contents of this publication are not copyrighted and may be reprinted freely. A citation of the Internal Revenue Bulletin as the source would be appropriate. January 26, 2015Bulletin No. 2015– 4 Part I. Rulings and Decisions Under the Internal Revenue Code of 1986 Section 42.—Low-Income Housing Credit The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 280G.—Golden Parachute Payments Federal short-term, mid-term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 382.—Limitation on Net Operating Loss Carryforwards and Certain Built-In Losses Following Ownership Change The adjusted applicable federal long-term rate is set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 412.—Minimum Funding Standards The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 467.—Certain Payments for the Use of Property or Services The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 468.—Special Rules for Mining and Solid Waste Reclamation and Closing Costs The adjusted applicable federal short-term, mid-term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 482.—Allocation of Income and Deductions Among Taxpayers Federal short-term, mid-term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 483.—Interest on Certain Deferred Payments The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 642.—Special Rules for Credits and Deductions Federal short-term, mid-term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 807.—Rules for Certain Reserves The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 846.—Discounted Unpaid Losses Defined The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 1274.— Determination of Issue Price in the Case of Certain Debt Instruments Issued for Property (Also Sections 42, 280G, 382, 412, 467, 468, 482, 483, 642, 807, 846, 1288, 7520, 7872.) Rev. Rul. 2015–1 Thisrevenue ruling provides various prescribed rates for federal income tax purposes for January 2015 (the current month). Table 1 contains the short-term, mid-term, and long-term applicable fed- eral rates (AFR) for the current month for purposes of section 1274(d) of the Internal Revenue Code. Table 2 contains the short-term, mid-term, and long-term adjusted applicable federal rates (ad- justed AFR) for the current month for purposes of section 1288(b). Table 3 sets forth the adjusted federal long-term rate and the long-term tax-exempt rate described in section 382(f). Table 4 con- tains the appropriate percentages for de- terminingthelow-incomehousing credit described in section 42(b)(1) for buildings placed in service during the current month. However, under section 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, with respect to housing credit dollar amount allocations made before January 1, 2014, shall not be less than 9%. Table 5 contains the federal rate for determin- ing the present value of an annuity, an interest for life or for a term of years, or a remainder or a reversionary interest for purposes of section 7520. Finally, Table 6 contains the deemed rate of return for transfers made during calen- dar year 2015 to pooled income funds described in section 642(c)(5) that have been in existence for less than 3 taxable years immediately preceding the taxable year in which the transfer was made. Bulletin No. 2015– 4January 26, 2015 331 REV. RUL. 2015–1 TABLE 1 Applicable Federal Rates (AFR) for January 2015 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term AFR.41%.41%.41%.41% 110% AFR.45%.45%.45%.45% 120% AFR.49%.49%.49%.49% 130% AFR.53%.53%.53%.53% Mid-term AFR1.75%1.74%1.74%1.73% 110% AFR1.92%1.91%1.91%1.90% 120% AFR2.10%2.09%2.08%2.08% 130% AFR2.27%2.26%2.25%2.25% 150% AFR2.63%2.61%2.60%2.60% 175% AFR3.07%3.05%3.04%3.03% Long-term AFR2.67%2.65%2.64%2.64% 110% AFR2.94%2.92%2.91%2.90% 120% AFR3.21%3.18%3.17%3.16% 130% AFR3.48%3.45%3.44%3.43% REV. RUL. 2015–1 TABLE 2 Adjusted AFR for January 2015 Period for Compounding AnnualSemiannualQuarterlyMonthly Short-term adjusted AFR.41%.41%.41%.41% Mid-term adjusted AFR1.36%1.36%1.36%1.36% Long-term adjusted AFR2.67%2.65%2.64%2.64% REV. RUL. 2015–1 TABLE 3 Rates Under Section 382 for January 2015 Adjusted federal long-term rate for the current month2.67% Long-term tax-exempt rate for ownership changes during the current month (the highest of the adjusted federal long-term rates for the current month and the prior two months.)2.80% REV. RUL. 2015–1 TABLE 4 Appropriate Percentages Under Section 42(b)(1) for January 2015 Note: Undersection 42(b)(2), the applicable percentage for non-federally subsidized new buildings placed in service after July 30, 2008, with respect to housing credit dollar amount allocations made before January 1, 2014, shall not be less than 9%. Appropriate percentage for the 70% present value low-income housing credit7.51% Appropriate percentage for the 30% present value low-income housing credit3.22% January 26, 2015Bulletin No. 2015– 4 332 REV. RUL. 2015–1 TABLE 5 Rate Under Section 7520 for January 2015 Applicable federal rate for determining the present value of an annuity, an interest for life or a term of years, or a remainder or reversionary interest2.2% REV. RUL. 2015–1 TABLE 6 Deemed Rate for Transfers to New Pooled Income Funds During 2015 Deemed rate of return for transfers during 2015 to pooled income funds that have been in existence for less than 3 taxable years1.2% Section 1288.—Treatment of Original Issue Discount on Tax-Exempt Obligations The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 7520.—Valuation Tables The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Section 7872.—Treatment of Loans With Below- Market Interest Rates The adjusted applicable federal short-term, mid- term, and long-term rates are set forth for the month of January 2015. See Rev. Rul. 2015–1, page 331. Bulletin No. 2015– 4January 26, 2015 333 Part III. Administrative, Procedural, and Miscellaneous Application of Retroactive Increase in Excludable Transit Benefits Notice 2015–2 PURPOSE This notice provides guidance related to the enactment of section 103 of the Tax Increase Prevention Act of 2014 (TIPA), Pub. L. 113–295, which increased the monthly transit benefit exclusion under § 132(f)(2)(A) of the Internal Revenue Code from $130 per participating em- ployee to $250 per participating employee for the period of January 1, 2014, through December 31, 2014. To address employ- ers’ questions regarding the retroactive application of the increased exclusion for 2014 and to reduce filing and reporting bur- dens, the Internal Revenue Service (Service) is clarifying how the increase applies for 2014 and providing a special administrative procedure for employers to use in filing Form 941, Employer’s QUARTERLY Fed- eral Tax Return, for the fourth quarter of 2014 to reflect changes in the excludable amount for transit benefits provided in all quarters of 2014 and in filing Forms W–2, Wage and Tax Statement. BACKGROUND Section132(a)(5) provides that any fringe benefit that is a qualified transporta- tion fringe is excluded from gross income. Section 132(f)(1) provides in relevant part that the term “qualified transportation fringe” includes (when provided by an em- ployer to an employee): (1) transportation in a commuter highway vehicle between home and work, (2) any transit pass, or (3) quali- fied parking. Under § 132(f)(3), cash reim- bursements by employers for transit passes constitute a qualified transportation fringe only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the employer to the employee. Section 1.132–9(b) of the Income Tax Regulations provides guidance on the exclusion for qual- ified transportation fringes. See § 1.132– 9(b) Q/A 16(b)(4) for the meaning of the term “readily available.” See also Rev. Rul. 2014 –32, 2014 –50 I.R.B. 917, for guidance on the use of smartcards, debit or credit cards, or other electronic media to provide qualified transportation fringe benefits to employees. Section 132(f)(2) provides that the amount of fringe benefits which is pro- vided by an employer to any employee and which may be excluded from gross income under § 132(a)(5) shall not exceed $100 per month in the case of the aggre- gate of transportation in a commuter high- way vehicle and any transit pass, and $175 in the case of qualified parking. These amounts are adjusted annually for infla- tion under § 132(f)(6). Prior to enactment of TIPA, the adjusted maximum monthly excludable amount for 2014 for the aggre- gate of transportation in a commuter high- way vehicle and any transit pass was $130 and the adjusted maximum monthly ex- cludable amount for qualified parking was $250. See section 3.16 of Rev. Proc. 2013–35, 2013– 47 I.R.B. 357. TIPA amended § 132(f)(2) to increase the max- imum monthly excludable amount for the aggregate of employer-provided com- muter highway vehicle transportation and transit pass benefits to an amount equal to the maximum monthly excludable amount for qualified parking. The amendment is effective retroactively beginning on Janu- ary 1, 2014, and extends through Decem- ber 31, 2014. Amounts that are excluded from gross income under § 132 are also excluded from Federal Insurance Contributions Act (FICA) taxes (social security and Medi- care, including Additional Medicare Tax) and Federal income tax withholding. Sec- tions 3121(a)(20) and 3401(a)(19). Generally, corrections of overpay- ments of FICA tax are made after an error has been ascertained using the adjustment process under § 6413 or using the refund claim process under § 6402. An error is ascertained when the employer has suffi- cient knowledge of the error to be able to correct it. Under§§31.6413(a)–1(a)and 31.6413(a)–2(b) of the Employment Tax Regulations, before making an adjustment of an overpayment of FICA tax, an em- ployer generally must repay or reimburse its employee in the amount of the over- collection prior to the expiration of the period of limitations on credit or refund, and, for FICA tax overcollected in a prior year (other than Additional Medicare Tax), must also secure the employee’s written statement confirming that the em- ployee has not made any previous claims (or the claims were rejected) and will not make any future claims for refund or credit of the amount of the overcollected FICA tax. An employer repays the em- ployee by direct payment to the employee; an employer reimburses an employee by applying the amount of the overcollection against the employee FICA tax which at- taches to wages paid by the employer to the employee. Sections 31.6413(a)– 1(a)(2)(ii) and 31.6413(a)–2(a)(1) provide that withheld Additional Medicare Tax can only be repaid or reimbursed and sub- sequently adjusted during the same calen- dar year in which is it withheld. Similarly, § 31.6413(a)–1(b)provides that employers cannot adjust overpayments of withheld in- come tax after the end of the calendar year. Rather, the withheld Additional Medicare Tax and the withheld income tax are applied against the taxes shown on the employee’s individual income tax return (for example, Form 1040, U.S. Individual Income Tax Return) and any excess will be refunded to the employee. Section 31.6402(a)–2 provides rules under which a refund claim for an over- payment of FICA tax (other than Addi- tional Medicare Tax) may be made. Pur- suant to § 31.6402(a)–2(a), an employer has a duty to assure that its employee’s rights to recover overcollected taxes are protected by repaying or reimbursing overcollected amounts. Alternatively, an employer may obtain the employee’s con- sent to the filing of the refund claim. Un- der § 31.6402(a)–2(a)(iii), no refund to the employer is permitted with regard to Additional Medicare Tax which the em- ployer deducted or withheld from the em- ployee. Similarly, under §§ 6414 and 31.6414 –1, no refund to the employer is allowed for the overpayment of withheld income tax which the employer deducted or withheld from an employee. To make employment tax corrections for overpayments (that is, to make adjust- ments or to claim refunds), an employer January 26, 2015Bulletin No. 2015– 4 334 uses the “X”form that corresponds to the return being corrected. Thus, an employer corrects overreported taxes on a previously filed Form 941 by filing Form 941–X, Ad- justed Employer’s QUARTERLY Federal Tax Return or Claim for Refund. A sepa- rate X form must be filed for each taxable period. APPLICATION OF RETROACTIVE INCREASE TO TRANSIT BENEFITS PROVIDED IN 2014 For purposes of the remaining discus- sion, “transit benefits” refers to the aggre- gate benefit of transportation in a com- muter highway vehicle and transit passes that meet the requirements of § 132 and the applicable regulations. Pursuant to the change made by TIPA, which was retro- active to January 1, 2014, transit benefits provided during 2014 by an employer to an employee in excess of $130 (the former maximum monthly excludable amount) up to $250 (the amended maximum monthly excludable amount) are excluded from the employee’s gross income and wages. These excess amounts are referred to as “excess transit benefits” in this no- tice. The exclusion applies whether the employer provided the transit benefits in 2014 out of its own funds or whether the transit benefits were provided during 2014 through compensation reduction arrange- ments as permitted by §§ 132(f)(4) and 1.132–9(b) Q/A 11–15. Neither § 132 nor the change made by TIPA mandates that employers provide additional transit benefits to their employ- ees for 2014. With regard to transit bene- fits provided pursuant to compensation re- duction arrangements, §1.132–9(b) Q/A 13 provides that, each month, the amount of the compensation reduction may not exceed the combined applicable statutory monthly limit for transportation in a com- muter highway vehicle and transit passes. Section 1.132–9(b) Q/A 14(b) provides that the compensation reduction election must be made before the employee is able to receive the cash or other taxable amount at the employee’s discretion. Ac- cordingly, employees may not retroac- tively increase their compensation reduc- tion for 2014 to take advantage of the increase in the excludable amount for transit benefits in 2014. In addition, em- ployees may not reduce their compensa- tion by more than $130 per month in 2015 (the applicable statutory monthly limit for 2015) in order to receive any permissible reimbursement for transit benefits in- curred in 2014. Furthermore, TIPA did not change the other requirements of § 132, including the limitation on providing cash reimburse- ments for transit passes when transit passes are readily available for direct dis- tribution by the employer to the employee. SPECIAL ADMINISTRATIVE PROCEDURE FOR EMPLOYERS WHO DESIRE TO MAKE ADJUSTMENTS FOR 2014 ON THE FORM 941 FILED FOR THE FOURTH QUARTER OF 2014 Employers who originally reported ex- cess transit benefits as includible in gross income and wages and withheld income taxes and FICA taxes would normally be required to file Form 941–X for each quarter to make corrections. Due to the timing of the statutory change and the due dates for Forms 941 for the fourth quarter of 2014 and Forms W–2, and in order to reduce administra- tive burden, the Service is providing a special administrative procedure for em- ployers that treated excess transit benefits as wages and that have not yet filed their fourth quarter Form 941 for 2014. Em- ployers who desire to use this special ad- ministrative procedure must repay or re- imbursetheiremployeesforthe overcollected FICA tax (including any Additional Medicare Tax) on the excess transit benefits for all four quarters of 2014 on or before filing the fourth quarter Form 941. The employer, in reporting amounts on its fourth quarter Form 941, may reduce the fourth quarter Wages, tips and compensation reported on line 2, Tax- able social security wages reported on line 5a, Taxable Medicare wages and tips re- ported on line 5c, and Taxable wages & tips subject to Additional Medicare Tax withholding reported on line 5d by the excess transit benefits for all four quarters of 2014. By taking advantage of this spe- cial administrative procedure, employers will avoid having to file Forms 941–X, and will also avoid having to file Forms W–2c as discussed below. This procedure can only be used to the extent that employers have repaid or re- imbursed their employees for the em- ployee share of FICA tax (including any Additional Medicare Tax) attributable to the excess transit benefits. Under this spe- cial administrative procedure, employers may only correct the employer share of FICA tax if the employees’ share of FICA tax has been repaid or reimbursed to the employees. Employers using this special procedure do not need to obtain written statements from their employees confirm- ing, for each employee, that the employee did not make a claim (or if the employee did make a claim, the claim was rejected) and will not make a claim for refund of FICA tax overcollected in a prior year. The repayment or reimbursement of overwithheld social security tax and the corresponding reduction for wages re- ported on Form 941, line 5a, Taxable so- cial security wages, must take into ac- count that refunds or credits of social security tax are limited to the amount paid on that portion of the excess transit bene- fits that, when added to other wages for the year, did not exceed the social security wage base for 2014 ($117,000). To ensure that use of this special ad- ministrative procedure does not result in a mismatch between the total taxes reported on Form 941, line 10, Total taxes after adjustments, and the Total liability for the quarter reported on Form 941, Line 14 (for a monthly schedule depositor) or Schedule B (Form 941) (for a semiweekly schedule depositor), an employer should use the following procedure. The em- ployer should reduce the last liability of the quarter reported (that is, Month 3 on line 14 or the last liability entry on Sched- ule B) by the amount of the tax reduction due to use of the special administrative procedure. If the amount of the tax reduc- tion exceeds the last liability of the quarter reported on line 14 or Schedule B, the employer should apply the amount of the tax reduction to reduce previous liabilities in reverse order until the amount of the tax reduction is completely used. Note that negative numbers must not be entered on Line 14 or Schedule B. The same procedures are available to filers of other employment tax returns re- porting FICA taxes (for example, the re- lated Spanish-language return or return for U.S. possessions) and to filers of em- Bulletin No. 2015– 4January 26, 2015 335 ployment tax returns reporting taxes under the Railroad Retirement Tax Act. NORMAL PROCEDURES FOR EMPLOYERS WHO HAVE FILED FOURTH QUARTER FORM 941 OR HAVE NOT REPAID OR REIMBURSED EMPLOYEES PRIOR TO FILING FOURTH QUARTER FORM 941 Employers that have already filed the fourth quarter Form 941 must use Form 941–X and normal procedures to make an adjustment or claim a refund for any quar- ter in 2014 with regard to the overpay- ment of tax on the excess transit benefits after repaying or reimbursing the employ- ees or, for claims for refund, securing consents from their employees. Similarly, to the extent employers have not repaid or reimbursed their employees who received excess transit benefits in 2014 prior to filing the fourth quarter Form 941, the employers must use Form 941–X to make an adjustment or claim for refund with respect to the excess transit benefits pro- vided to those employees and must follow the normal procedures. Under the normal procedures, the em- ployer must obtain the required statements under §§ 31.6413(a)–1 or 31.6402(a)–2 (subject to the exception for making rea- sonable efforts). Furthermore, the em- ployer may not repay or reimburse, make an adjustment with respect to, or seek a refund of Additional Medicare Tax or in- come tax deducted or withheld from the employee in 2014. EMPLOYER INSTRUCTIONS FOR FORM W–2 Employers that paid excess transit ben- efits and have not furnished 2014 Forms W–2 to their employees must take into account the increased exclusion for transit benefits in calculating the amount of wages reported in box 1, Wages, tips, other compensation; box 3, Social security wages; and box 5, Medicare wages and tips. Employers that have repaid or reim- bursed their employees for the overcol- lected FICA taxes prior to furnishing Form W–2 (whether they utilized the spe- cial administrative procedure or the nor- mal procedures) must reduce the amounts of withheld tax reported in box 4, Social security tax withheld, and box 6, Medi- care tax withheld, by the amounts of the repayments or reimbursements. Note that under the normal procedures, the amount reported in box 6, Medicare tax withheld, will not be reduced with regard to any Additional Medicare Tax withheld on the excess transit benefits because no repay- ment or reimbursement of such amount is permitted after the end of 2014. In all cases, employers must report in box 2, Federal income tax withheld, the amount of income tax actually withheld during 2014. The additional income tax withholding will be applied against the taxes shown on the employee’s individual income tax return (Form 1040, U.S. Indi- vidual Income Tax Return). Employers that repaid or reimbursed their employees for the overcollected FICA taxes after furnishing Forms W–2 to their employees but before filing Forms W–2 with the Social Security Administra- tion (SSA) must check the “Void” box at the top of each incorrect Form W–2 (Copy A). The employer must prepare new Forms W–2 with the correct information, and send these new Forms W–2 (Copy A) to the SSA. The employers must write “CORRECTED” on the employees’ new copies (B, C, and 2) and furnish them to the employees. See the 2014 General In- structions for Forms W–2 and W–3. Employers that have already filed 2014 Forms W–2 with SSA must file Forms W–2c, Corrected Wage and Tax State- ment, to take into account the increased exclusion for transit benefits and to reflect any repayments or reimbursements of the withheld FICA tax and must furnish cop- ies of Form W–2c to the employees. DRAFTING INFORMATION The principal author of this notice is Jean M. Casey of the Office of Division Counsel/Associate Chief Counsel (Tax Exempt & Government Entities). For fur- ther information regarding this notice con- tact Ms. Casey on (202) 317-4774 (not a toll-free number). January 26, 2015Bulletin No. 2015– 4 336 Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplifieddescribes a situation where no change is being made in a prior pub- lished position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle ap- plied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarifiedis used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confu- sion. It is not used where a position in a prior ruling is being changed. Distinguisheddescribes a situation where a ruling mentions a previously pub- lished ruling and points out an essential difference between them. Modifiedis used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified andclarified, above). Obsoleteddescribes a previously pub- lished ruling that is not considered deter- minative with respect to future transac- tions. This term is most commonly used in a ruling that lists previously published rul- ings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revokeddescribes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Supersededdescribes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a pe- riod of time in separate rulings. If the new ruling does more than restate the sub- stance of a prior ruling, a combination of terms is used. For example, modified and supersededdescribes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplementedis used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rul- ings in the series. Suspendedis used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in ma- terial published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE —Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Bulletin No. 2015– 4January 26, 2015 i Numerical Finding List 1 Bulletin 2015–1 through 2015– 4 Announcements: 2015-2, 2015-3 I.R.B.324 2015-3, 2015-3 I.R.B.328 Proposed Regulations: REG-109187-11, 2015-2 I.R.B.277 REG-132751-14, 2015-2 I.R.B.279 REG-145878-14, 2015-2 I.R.B.290 Notices: 2015-1, 2015-2 I.R.B.249 2015-2, 2015-4 I.R.B.334 Revenue Procedures: 2015-1, 2015-1 I.R.B.1 2015-2, 2015-1 I.R.B.105 2015-3, 2015-1 I.R.B.129 2015-4, 2015-1 I.R.B.144 2015-5, 2015-1 I.R.B.186 2015-6, 2015-1 I.R.B.194 2015-7, 2015-1 I.R.B.231 2015-8, 2015-1 I.R.B.235 2015-9, 2015-2 I.R.B.249 2015-10, 2015-2 I.R.B.261 2015-12, 2015-2 I.R.B.265 Revenue Rulings: 2015-1, 2015-4 I.R.B.331 2015-2, 2015-3 I.R.B.321 Treasury Decisions: 9707, 2015-2 I.R.B.247 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2014 –27 through 2014 –52 is in Internal Revenue Bulletin 2014 –52, dated December 28, 2014. January 26, 2015Bulletin No. 2015– 4 ii Finding List of Current Actions on Previously Published Items 1 Bulletin 2015–1 through 2015– 4 Announcements: 2010-3 Amplified by Ann. 2015-3, 2015-3 I.R.B.328 Revenue Procedures: 2014-01 Superseded by Rev. Proc. 2015-01, 2015-01 I.R.B.1 2014-02 Superseded by Rev. Proc. 2015-02, 2015-01 I.R.B.105 2014-03 Superseded by Rev. Proc. 2015-03, 2015-01 I.R.B.129 2014-04 Superseded by Rev. Proc. 2015-04, 2015-01 I.R.B.144 2014-05 Superseded by Rev. Proc. 2015-05, 2015-01 I.R.B.186 2014-06 Superseded by Rev. Proc. 2015-06, 2015-01 I.R.B.194 2014-07 Superseded by Rev. Proc. 2015-07, 2015-01 I.R.B.231 2014-08 Superseded by Rev. Proc. 2015-08, 2015-01 I.R.B.235 2014-10 Superseded by Rev. Proc. 2015-10, 2015-2 I.R.B.261 2003-63 Superseded by Rev. Proc. 2015-12, 2015-2 I.R.B.265 2011-14 Modified by Rev. Proc. 2015-12, 2015-2 I.R.B.265 Revenue Rulings: 92-19 Supplemented by Rev. Rul. 2015-02, 2015-3 I.R.B.321 1 A cumulative list of current actions on previously published items in Internal Revenue Bulletins 2014 –27 through 2014 –52 is in Internal Revenue Bulletin 2014 –52, dated December 28, 2014. Bulletin No. 2015– 4January 26, 2015 iii INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available atwww.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page (www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224. 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