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IRB 2016-42

Table of Contents
(Dated October 17, 2016)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2016-42. 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

This notice explains the circumstances under which the 4-year replacement period under section 1033(e)(2) is extended for livestock sold on a count of drought. The Appendix to this notice contains a list of counties that experienced exception, extreme, or severe drought conditions during the 12-month period ending August 31, 2016. Taxpayers may use this list to determine if any extension is available.

This document contains final regulations concerning the application of the credit for increasing research activities and provide guidance on software that is developed by (or for the benefit of) the taxpayer primarily for internal use by the taxpayer (internal use software). These final regulations also include examples to illustrate the application of the process of experimentation requirement to software.

EMPLOYEE PLANS

This revenue procedure updates the comprehensive system of correction programs for sponsors of retirement plans that are intended to satisfy the requirements of § 401(a), 403(a), 403(b), 408(k), or 408(p) of the Internal Revenue Code (the "Code"), but that have not met these requirements for a period of time. This system, the Employee Plans Compliance Resolution System ("EPCRS"), permits Plan Sponsors to correct these failures and thereby continue to provide their employees with retirement benefits on a tax-favored basis. EPCRS is being modified to take into account the changes in the determination letter application program, as described in Rev. Proc. 2016–37. In addition, this revenue procedure incorporates certain modifications set forth in Rev. Proc. 2015–27 and Rev. Proc. 2015–28, two prior revenue procedures which modified Rev. Proc. 2013–12. The revenue procedure also includes modifications to Rev. Proc. 2013–12 from Rev. Proc. 2016–8. Rev. Proc. 2013–12, Rev. Proc. 2015–27 and Rev. Proc. 2015–28 modified and superseded by this revenue procedure.

ESTATE TAX

This guidance provides procedures to disregard and treat as null and void for transfer tax purposes a qualified terminable interest property (QTIP) election in situations where the QTIP election was not necessary to reduce the estate tax liability to zero. This guidance provides that such procedures are unavailable where QTIP elections are made in estates in which the executor elected portability of the deceased spousal unused exclusion (DSUE) amount under § 2010(c)(5)(A). This guidance modifies and supersedes Rev. Proc. 2001–38, 2001–1 C.B. 1335.

GIFT TAX

This guidance provides procedures to disregard and treat as null and void for transfer tax purposes a qualified terminable interest property (QTIP) election in situations where the QTIP election was not necessary to reduce the estate tax liability to zero. This guidance provides that such procedures are unavailable where QTIP elections are made in estates in which the executor elected portability of the deceased spousal unused exclusion (DSUE) amount under § 2010(c)(5)(A). This guidance modifies and supersedes Rev. Proc. 2001–38, 2001–1 C.B. 1335.

ADMINISTRATIVE

This procedure publishes the amounts of unused housing credit carryovers allocated to qualified states under section 42(h)(3)(D) of the Code for calendar year 2016.

This notice advises of revisions to the requirements for the reduced user fee for substantially identical letter rulings set forth in section 15.07(2) of Rev. Proc. 2016–1, 2016–1 I.R.B. 1, and further described in paragraph (A)(5)(a) of Appendix A of Rev. Proc. 2016–1. This notice also corrects the amount of the user fee for Foreign Insurance Excise Tax Waiver Agreements stated in paragraph (A)(3)(e) of Appendix A of Rev. Proc. 2016–1.



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