<!-- TTST:[]: TTC:[]: TTSC:[]: TTT:[IRB]: TTS:[]: TTCP:[IRB 2005-41]: TTCI:[Highlights]: TTB:[]: TTA:[]: TTD:[]: -->

IRB 2005-41

Table of Contents
(Dated October 11, 2005)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2005-41. Click on an entry to view the entry. Items shown under "Highlights of This Issue" open summaries of each IRB-referenced document only. Scroll to Parts I, II, etc. to view the full text versions of each IRB-referenced document. Use the "Keyword Search" option of TouchTax to search the full text of all Internal Revenue Bulletins, including this IRB.

View the original PDF version of this Internal Revenue Bulletin

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

Section 355(e). Guidance is provided on whether, under the described facts, an acquisition and a distribution are part of a plan under section 355(e) of the Code and section 1.355-7(b) of the regulations.

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 October 2005.

Final regulations under section 6654 of the Code provide information for making payments of estimated income tax by individuals. The regulations incorporate changes made by the Tax Reform Act of 1984 and are necessary to update, clarify, and reorganize the rules and procedures under section 6654. The regulations do not impose any new requirements for taxpayers.

Section 362(e). This notice provides guidance on how to make an election under section 362(e)(2)(C) of the Code.

EMPLOYMENT TAX

Proposed regulations under section 3121 of the Code amend existing regulations as to the dollar threshold amounts and time periods used to determine whether payments for 1) domestic service in a private home of the employer, 2) agricultural labor, 3) service not in the course of the employer’s trade or business, and 4) services provided by home workers described in section 3121(d)(3)(C) are wages subject to Federal Insurance Contributions Act (FICA) taxes.

EXCISE TAX

Proposed regulations under section 4980G of the Code provide guidance regarding employer comparable contributions to the Health Savings Accounts (HSAs) of employees. The regulations set forth the rules for determining the applicability of the comparability rules and for determining whether an employer’s contributions satisfy the comparability rules.

TAX CONVENTIONS

U.S.-Mexico MAP Agreement regarding eligibility of fiscally transparent entities to benefits. A copy of the news release issued by the Director, International (U.S. Competent Authority), on September 19, 2005 (IR-2005-17), is set forth.

ADMINISTRATIVE

This procedure provides guidelines for requesting expedited processing of letter ruling requests for certain reorganizations and for distributions under section 355 of the Code, and clarifies the requirement that a “significant issue” be present before the Service will rule on certain transactions. Rev. Procs. 2005-1 and 2005-3 amplified.

Revised optional standard mileage rates for 2005. This announcement advises taxpayers that the Service is revising the optional standard mileage rates for business, medical, and moving expenses. Effective September 1, 2005, the business standard mileage rate is 48.5 cents per mile and the standard mileage rate for medical and moving expenses is 22 cents per mile. Rev. Proc. 2004-64 modified.

This announcement contains updates and corrections to Publication 1187, Specifications for Filing Form 1042-S, Foreign Person’s U.S. Source Income Subject to Withholding, Electronically or Magnetically.



The Internal Revenue Bulletin is produced and published by the Internal Revenue Service and contains IRS pronouncements affecting tax analysis under the Code and the Regulations, including but not limited to Revenue Procedures, Revenue Rulings, Notices and Announcements. Access the IRS site at https://www.irs.gov/help/irsgov-accessibility for information concerning accessibility of IRS materials. While every effort has been made to ensure that the IRB database files available through the TouchTax application are accurate, those using TouchTax for legal research should verify their results against the printed versions of the IRBs available from the IRS.