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IRB 2011-40

Table of Contents
(Dated October 3, 2011)
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This is the table of contents of Internal Revenue Bulletin IRB 2011-40. 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

Fringe benefits aircraft valuation formula. The Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charge in effect for the second half of 2011 are set forth for purposes of determining the value of noncommercial flights on employer-provided aircraft under section 1.61-2(g) of the regulations.

This notice grants each executor of an estate of a decedent who died in 2010 an automatic 6-month extension of time to file Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, or Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of nonresident not a citizen of the United States, and to pay the estate tax, if the executor files an extension request. The notice also changes the due date of Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent, to January 17, 2012. In addition, it provides limited penalty relief to recipients who sold property in 2010 that they acquired from a decedent whose executor elected for the provisions of section 1022 of the Code to apply to such property. Finally, it extends the date to affirmatively allocate the generation-skipping transfer (GST) exemption and provides guidance on the application of the automatic allocation of GST exemption for decedents who died in 2010.

Results of the 2010-11 allocation round of the qualifying advanced coal project program. This announcement discloses the results of the 2010-11 allocation round under the qualifying advanced coal project program of section 48A of the Code (the “section 48A program”). The Service did not allocate any credits under the 2010-11 allocation round under the section 48A program. The announcement also serves notice to applicants that the 2011-12 allocation round is currently open for the section 48A program pursuant to Notice 2009-24.

EMPLOYEE PLANS

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 September 2011; the 24-month average segment rates; the funding transitional segment rates applicable for September 2011; and the minimum present value transitional rates for August 2011.

ESTATE TAX

This notice grants each executor of an estate of a decedent who died in 2010 an automatic 6-month extension of time to file Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return, or Form 706-NA, United States Estate (and Generation-Skipping Transfer) Tax Return, Estate of nonresident not a citizen of the United States, and to pay the estate tax, if the executor files an extension request. The notice also changes the due date of Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent, to January 17, 2012. In addition, it provides limited penalty relief to recipients who sold property in 2010 that they acquired from a decedent whose executor elected for the provisions of section 1022 of the Code to apply to such property. Finally, it extends the date to affirmatively allocate the generation-skipping transfer (GST) exemption and provides guidance on the application of the automatic allocation of GST exemption for decedents who died in 2010.

EXCISE TAX

Temporary and proposed regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing or importing branded prescription drugs. This fee was enacted by section 9008 of the Patient Protection and Affordable Care Act. The temporary regulations affect persons engaged in the business of manufacturing or importing certain branded prescription drugs. The temporary regulations provide an explanation of terms, a description of the information requested from covered entities and agencies, the calculation and notification of a preliminary fee, a dispute resolution process, the final fee calculation and notification, the tax treatment of the fee, and instructions regarding how to claim a refund.

Temporary and proposed regulations provide guidance on the annual fee imposed on covered entities engaged in the business of manufacturing or importing branded prescription drugs. This fee was enacted by section 9008 of the Patient Protection and Affordable Care Act. The temporary regulations affect persons engaged in the business of manufacturing or importing certain branded prescription drugs. The temporary regulations provide an explanation of terms, a description of the information requested from covered entities and agencies, the calculation and notification of a preliminary fee, a dispute resolution process, the final fee calculation and notification, the tax treatment of the fee, and instructions regarding how to claim a refund.

This notice requests comments on a proposed safe harbor for affordability under section 4980H(b) of the Code. Comments must be submitted by December 13, 2011.

ADMINISTRATIVE

Final regulations amending regulations section 301.7502-1 to provide guidance as to the only ways to establish prima facie evidence of delivery of documents that have a filing deadline prescribed by the Internal Revenue laws, absent direct proof of actual delivery.



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