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IRB 2010-51

Table of Contents
(Dated December 20, 2010)
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This is the table of contents of Internal Revenue Bulletin IRB 2010-51. 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.

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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

Proposed regulations under section 6011(e)(3) of the Code relate to the requirement for “specified tax return preparers,” generally tax return preparers who reasonably expect to file more than 10 individual income tax returns in a calendar year (100 or more in 2011), to file individual income tax returns using magnetic media (electronically). A public hearing is scheduled for January 7, 2011.

Section 45R provides a Federal income tax credit to certain small employers that make nonelective contributions towards their employees’ health insurance premiums under an arrangement that meets certain requirements. The notice provides guidance on the credit, including guidance for determining eligibility for the credit and for meeting the qualifying arrangement requirement for the credit. Notice 2010-44 amplified.

This notice contains a proposed revenue procedure that provides guidance to specified tax return preparers regarding the procedures to request a waiver of the magnetic media (electronic) filing requirement, due to undue hardship, under section 6011(e)(3) of the Code and proposed section 301.6011-6 of the Regulations on Procedure and Administration, which is being published contemporaneously with this notice. The proposed revenue procedure also provides guidance regarding how to document a taxpayer’s choice to file the taxpayer’s individual income tax return in paper format when the return is prepared by the preparer but filed by the taxpayer.

EMPLOYEE PLANS

This notice further extends the deadline for amending qualified defined benefit plans to meet certain requirements of the Code that were added by the Pension Protection Act of 2006 (PPA ’06) and subsequently modified by the Worker, Retiree, and Employer Recovery Act of 2008 (WRERA) and the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PRA 2010). The deadline for adopting an interim or discretionary plan amendment under sections 401, 436, and 411 is extended to the last day of the first plan year that begins on or after January 1, 2011. A plan must continue to satisfy the operational compliance requirements of section 1107 of PPA ’06 as a condition of the extension of the deadline for adopting plan amendments provided by this notice. Notice 2009-97 and Rev. Proc. 2007-44 modified.

This notice provides additional relief for nonqualified deferred compensation plans covered under section 409A. This notice also expands the types of plans eligible for relief under Notice 2010-6, provides an additional method of correction and transition relief under Notice 2010-6 for certain plan document failures relating to payments at separation from service, and modifies the correction reporting requirements in Notice 2008-113 and Notice 2010-6. Notices 2008-113 and 2010-6 modified.

Funding relief for multiemployer defined benefit plans under PRA 2010. This notice provides guidance in the form of questions and answers for sponsors of multiemployer defined benefit plans with respect to the special funding rules under section 431(b)(8), as added by section 211(a)(2) of the Preservation of Access to Care for Medicare Beneficiaries and Pension Relief Act of 2010 (PRA 2010).

Section 2112 of the Small Business Jobs Act of 2010 (“SBJA”) added section 402A(c)(4) to the Code, effective for distributions made after September 27, 2010, to permit plans that include a qualified Roth contribution program to allow individuals to roll over amounts from their accounts other than designated Roth accounts to their designated Roth accounts in the plan. This notice provides guidance under section 402A(c)(4) relating to rollovers from section 401(k) plans to designated Roth accounts in the same plan (“in-plan Roth rollovers”). The guidance in this notice also generally applies to rollovers from section 403(b) plans to designated Roth accounts in the same plan.

EXEMPT ORGANIZATIONS

The IRS has revoked its determination that Chesapeake Wildlife Sanctuary, Inc., of Valley Park, MO; Communities in Schools of Northern Virginia of Alexandria, VA; Luxury for Learning, Inc., of Brunswick, MO; Owls Nest 1230 of Parkersburg, WV; Rensselaer Alumni Association, Inc., Orange County Chapter of Lakewood, CA; Retired Enlisted Association of Fayetteville, NC; and Youth Education Scholarship Services of Lathrop, CA, qualify as organizations described in sections 501(c)(3) and 170(c)(2) of the Code.

ADMINISTRATIVE

Proposed regulations under section 6011(e)(3) of the Code relate to the requirement for “specified tax return preparers,” generally tax return preparers who reasonably expect to file more than 10 individual income tax returns in a calendar year (100 or more in 2011), to file individual income tax returns using magnetic media (electronically). A public hearing is scheduled for January 7, 2011.

This notice contains a proposed revenue procedure that provides guidance to specified tax return preparers regarding the procedures to request a waiver of the magnetic media (electronic) filing requirement, due to undue hardship, under section 6011(e)(3) of the Code and proposed section 301.6011-6 of the Regulations on Procedure and Administration, which is being published contemporaneously with this notice. The proposed revenue procedure also provides guidance regarding how to document a taxpayer’s choice to file the taxpayer’s individual income tax return in paper format when the return is prepared by the preparer but filed by the taxpayer.

Optional standard mileage rates for 2011. This notice announces 51 cents as the optional standard mileage rate for business use of an automobile, 14 cents as the optional rate for use of an automobile as a charitable contribution, and 19 cents as the optional rate for use of an automobile as a medical or moving expense for 2011. The notice also provides the amount a taxpayer must use in calculating reductions to basis for depreciation taken under the business standard mileage rate and the maximum standard automobile cost for automobiles under a FAVR allowance.

Optional standards mileage rates procedures. This procedure provides the rules for substantiating the deductible expenses of using an automobile for business, moving, medical, or charitable purposes. The revenue procedure also provides rules for substantiating the amount of an employee's ordinary and necessary business expenses of local travel or transportation away from home that a payor (an employer, its agent, or a third party) reimburses using a mileage allowance. Rev. Proc. 2009-54 superseded.



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