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IRB 2015-35

Table of Contents
(Dated August 31, 2015)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2015-35. 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

The proposed regulations would remove the automatic extension of time to file certain information returns (Form W–2G, 1042–S, 1094–C, 1095–B, 1095–C, 1097 series, 1098 series, 1099 series, 3921, 3922, 5498 series, and 8027) and remove the opportunity to seek a second 30 day extension of time to file.

Announcement 2015–22 informs that the IRS will not assert that an individual whose personal information may have been compromised in a data breach must include in gross income the value of the identity protection services provided by the organization that experienced the data breach. Additionally, the IRS will not assert that an employer providing identity protection services to employees whose personal information may have been compromised in a data breach of the employer’s (or employer’s agent or service provider’s) recordkeeping system must include the value of the identity protection services in the employees’ gross income and wages.

Notice 2015–56 informs claimants about the federal income tax treatment of credits under § 6426(c) and (d) that are paid in cash under the one-time claim submission process of section 160(e) of the Tax Increase Prevention Act of 2014 and implemented by Notice 2015–3. Specifically, a claimant must reduce its income tax deduction for (or cost of goods sold deduction attributable to) § 4081 excise taxes (or, if applicable, § 4041 excise taxes) for each calendar quarter during 2014 by the amount of the § 6426(c) credit (or, if applicable, § 6426(d) credit) for fuel mixtures sold or used during that calendar quarter.

This treasury decision (T.D.) provides rules for determining a taxable beneficiary’s basis in a term interest in a charitable remainder trust upon a sale or other disposition of all interests in the trust to the extent that basis consists of a share of adjusted uniform basis. The T.D. provides that a taxable beneficiary’s assignable share of uniform basis upon the sale or exchange of the taxable beneficiary’s term interest does not include the charitable remainder trust’s undistributed net capital gains or net ordinary income.

These temporary regulations remove the automatic extension of time to file information returns on forms in the W–2 series (except form W–2G) and remove the opportunity to seek a second 30-day extension of time to file.

EXCISE TAX

Section 4980I was added to the Code by the Affordable Care Act and applies to taxable years beginning after December 31, 2017. Notice 2015–52 is the second notice concerning § 4980I and it is intended to supplement Notice 2015–16 concerning § 4980I, issued on February 23, 2015. Notice 2015–52 addresses additional issues under § 4980I, including the identification of the taxpayer who may be liable for the excise tax, employer aggregation, exclusion from the cost of applicable coverage amounts attributable to the excise tax, the age and gender adjustment to the dollar limit, the allocation of the tax among the applicable taxpayers, and the payment of the applicable tax. In this notice, Treasury and the IRS invite comments on the issues addressed in this notice and on any other issues under § 4980I. After considering the comments on both notices, Treasury and IRS intend to issue proposed regulations under § 4980I.

ADMINISTRATIVE

This document updates the procedures for requesting assistance from the U.S. competent authority under the provisions of an income, estate, or gift tax treaty to which the United States is a party. Rev. Proc. 2006–54, 2006–2 C.B. 1035, is modified and superseded. Rev. Proc. 2003–40, 2003–1 C.B. 1044, is modified. Rev. Rul. 92–75, 1999–2 C.B. 197, is clarified. Rev. Proc. 2015–41, 2015–35 I.R.B., is amplified.

The revenue procedure provides guidance on the process of requesting and obtaining an advance pricing agreement (“APA”) and information on the administration of APAs. The revenue procedure updates and supersedes Rev. Proc. 2006–9, as modified by Rev. Proc. 2008–31, which is also superseded.



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