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IRB 2023-35

Table of Contents
(Dated August 28, 2023)
(back to all IRBs)


This is the table of contents of Internal Revenue Bulletin IRB 2023-35. 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.

EMPLOYEE PLANS

Notice 2023-61 (page 651)

This notice sets forth updates on the corporate bond monthly yield curve, the corresponding spot segment rates for August 2023 used under § 417(e)(3)(D), the 24-month average segment rates applicable for August 2023, and the 30-year Treasury rates, as reflected by the application of § 430(h)(2)(C)(iv).

EXCISE TAX

Notice 2023-52 (page 650)

Section 5000D of the Internal Revenue Code imposes an excise tax on certain sales of certain drugs by manufacturers, producers, and importers of the drugs. Notice 2023-52 announces that the Treasury Department and IRS intend to issue proposed regulations under section 5000D. Specifically, the notice proposes that future regulations will provide:

(1) rules on the scope of sales subject to the section 5000D tax;

(2) rules regarding the taxable sale price; and

(3) procedural rules intended to help taxpayers meet their reporting and payment obligations with respect to the tax.

EXEMPT ORGANIZATIONS

Revocation of IRC 501(c)(3) Organizations for failure to meet the code section requirements. Contributions made to the organizations by individual donors are no longer deductible under IRC 170(b)(1)(A).

INCOME TAX

REG-109348-22 (page 662)

This guidance contains proposed additions to 26 CFR part 1 (Income Tax Regulations) under section 6011 of the Internal Revenue Code (Code). These proposed regulations would identify monetized installment sale transactions and substantially similar transactions as listed transactions, a type of reportable transaction. Material advisors and participants in these listed transactions would be required to file disclosures with the IRS and would be subject to penalties for failure to disclose. The proposed regulations would affect participants in those transactions as well as material advisors. This document also provides a notice of a public hearing on the proposed regulations.

Rev. Proc. 2023-27 (page 655)

This revenue procedure provides clarifying and procedural guidance applicable to the low-income communities bonus credit program for the energy investment credit established pursuant to the Inflation Reduction Act of 2022 (Program). Under this Program, applicants investing in certain solar and wind-powered electricity generation facilities may apply for an allocation of environmental justice solar and wind capacity limitation to increase the amount of an energy investment credit under section 48 for the taxable year in which the facility is placed in service. These procedural rules provide guidance necessary to implement the Program, including, in relevant part, information an applicant must submit, the application review process, and the manner of obtaining an allocation. This revenue procedure is being issued simultaneously with the final regulations applicable to the Program provided in TD 9979.

26 CFR 601.201: Rulings and determination letters.

T.D. 9979 (page 602)

This document contains final regulations concerning the application of the low-income communities bonus credit program for the energy investment credit established pursuant to the Inflation Reduction Act of 2022 (Program). Under this Program, applicants investing in certain solar or wind-powered electricity generation facilities for which the applicants otherwise would be eligible for an energy investment credit may apply for an allocation of environmental justice solar and wind capacity limitation to increase the amount of the energy investment credit for the taxable year in which the facility is placed in service. This document provides definitions and requirements that are applicable for this Program. These final regulations affect applicants seeking allocations of the environmental justice solar and wind capacity limitation to increase the amount of the energy investment credit for which such applicants would otherwise be eligible once the facility is placed in service. In addition, the Treasury Department and the IRS are also releasing a revenue procedure simultaneously to provide procedural and clarifying guidance applicable to the Program.

26 CFR 1.48(e)-1



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