These proposed regulations identify certain syndicated conservation easement transactions and substantially similar transactions as listed transactions per §1.6011-4(b)(2). Material advisors and certain participants in these listed transactions are required to disclose their participation to the IRS and are subject to penalties for failure to disclose. In addition, while the proposed regulations exclude qualified organizations from being treated as participants, material advisors, or parties to a prohibited tax shelter transaction subject to excise tax, these proposed regulations request comments on whether the final regulations should remove the exclusion from the application of the excise tax for qualified organizations that continue to facilitate syndicated conservation easement transactions.

This Revenue Procedure sets forth the final qualified intermediary (QI) withholding agreement (QI agreement) entered into by the Internal Revenue Service and certain foreign persons under Treas. Reg. § 1.1441-1(e)(5) and (6). The QI agreement currently in effect in Rev. Proc. 2017-15, 2017-3 I.R.B. 437, expires on December 31, 2022 (the 2017 QI Agreement). This Revenue Procedure will apply beginning January 1, 2023, with a six-year term (the 2023 QI Agreement). In general, the QI agreement allows certain persons to enter into an agreement with the IRS to simplify their obligations as withholding agents under chapters 3 and 4 and as payors under chapter 61 and section 3406 for amounts paid to their account holders. The QI agreement also allows certain foreign persons to act as qualified derivatives dealers (QDDs) and assume primary withholding and reporting responsibilities on dividend equivalent payments made in a principal capacity for purposes of section 871(m). Additionally, the 2023 QI Agreement allows foreign persons to enter into the agreement for purposes of the withholding and reporting required under sections 1446(a) and (f) with respect to their account holders holding interests in publicly traded partnerships.

26 CFR 1.1441-1(e)(5) and (6). 2023 Qualified Intermediary Agreement.

This announcement is being released in conjunction with proposed regulations identifying certain syndicated conservation easement transactions as listed transactions. The announcement explains that the regulations are being proposed in light of certain court decisions holding that the APA requires the IRS to identify listed transactions through notice-and-comment rulemaking, and that the IRS intends to issue further regulations identifying other listed transactions, to be finalized in 2023.

This notice provides guidance on the prevailing wage and apprenticeship requirements that generally apply to certain provisions of the Internal Revenue Code (Code), as amended by the Inflation Reduction Act of 2022. This notice also serves as the published guidance establishing the 60-day period described in those provisions of the Code with respect to the applicability of the prevailing wage and apprenticeship requirements. Finally, this notice provides guidance for determining the beginning of construction of a facility for certain credits allowed under the Code, and the beginning of installation of certain property with respect to the energy efficient commercial buildings deduction under the Code.

This document contains proposed regulations that treat members of a consolidated group as a single United States shareholder in certain cases for purposes of section 951(a)(2)(B) of the Internal Revenue Code.

This revenue procedure sets forth the procedures under § 30D(d)(3) for qualified manufacturers to enter into a written agreement with the Secretary under which such a manufacturer agrees to make periodic written reports to the Secretary providing vehicle identification numbers and such other information related to each vehicle manufactured by such manufacturer as the Secretary may require. Vehicles eligible for the credit for qualified commercial vehicles under § 45W and vehicles eligible for the credit for previously owned clean vehicles under § 25E must be manufactured by a qualified manufacturer as defined in § 30D(d)(3). See §§ 45W(c)(1) and 25E(c)(1)(D)(i). This revenue procedure also provides the procedures for persons selling vehicles to report the information required to the IRS in order for a vehicle to be eligible for the clean vehicle credit under §§ 30D and 25E.

26 CFR 601.105: Examination of returns and claims for refund, credit, or abatement; determination of correct tax liability. (Also: Part I, §§ 6011, 6662, 6662A, 6707A; 1-6011-4.)