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IRB 2011-37

Table of Contents
(Dated September 12, 2011)
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This is the table of contents of Internal Revenue Bulletin IRB 2011-37. 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

Final, temporary, and proposed regulations under section 1001 of the Code explain when the transfer or assignment of certain derivative contracts does not result in a realization event for the nonassigning counterparty to the contract. A public hearing on the proposed regulations is scheduled for October 27, 2011.

Final, temporary, and proposed regulations under section 1001 of the Code explain when the transfer or assignment of certain derivative contracts does not result in a realization event for the nonassigning counterparty to the contract. A public hearing on the proposed regulations is scheduled for October 27, 2011.

Pursuant to section 1(h)(11) of the Code, a dividend paid to an individual shareholder from a domestic corporation or a “qualified foreign corporation” is subject to tax at the reduced rates applicable to certain capital gains. A qualified foreign corporation includes certain foreign corporations that are eligible for benefits of a comprehensive income tax treaty with the United States that the Secretary determines is satisfactory for purposes of this provision and that includes an exchange of information provision. This notice updates the list of U.S. income tax treaties that meet these requirements to reflect two new income tax treaties that have entered into force since the list was last updated in Notice 2006-101, 2006-2 C.B. 930. This notice also clarifies the requirements for treatment as a qualified foreign corporation. Notice 2006-101 amplified and superseded.

This notice provides guidance under section 6050W of the Code regarding the documentation and reporting obligations of payment settlement entities (PSEs) that are United States payors making payment outside the U.S. to an offshore account.

This procedure provides a safe harbor method of accounting that taxpayers may use to determine whether expenditures to maintain, replace, or improve electric transmission and distribution property must be capitalized under section 263(a) of the Code. The procedure also provides procedures for obtaining automatic consent to change to the safe harbor method of accounting. Rev. Proc. 2011-14 modified.

EMPLOYEE PLANS

Nonbank trustees; section 1.408-2(e) of the regulations. This announcement contains a list of entities approved to act as nonbank trustees and nonbank custodians within the meaning of section 1.408-2(e) of the regulations. In addition, the announcement contains instructions on how errors in the list may be corrected. Announcement 2007-47 updated and superseded.

ADMINISTRATIVE

This procedure contains updates and changes to Publication 1220, Specifications for Filing Forms 1097, 1098, 1099, 3921, 3922, 5498, 8935 and W-2G Electronically (revised 8-2011). Rev. Proc. 2010-26 superseded.

This procedure provides taxpayers with guidance regarding the use and evaluation of statistical samples and sampling estimates. Rev. Procs. 72-36, 2004-29, 2007-35 and 2011-35 amplified and modified.



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