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Highlights

Highlights of This Issue
(back to all Notices, or view IRB 2024-02)



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.

ADMINISTRATIVE

Notice 2024-7 (page 355)

The IRS temporarily suspended the mailing of certain automated reminder notices for unpaid taxes in February 2022, as announced in IR-2022-31. In 2024, the IRS will resume mailing these notices for taxable years 2021 and earlier. This Notice provides automatic relief to eligible taxpayers from the additions to tax for the failure to pay with respect to certain income tax returns for 2020 and 2021. For eligible taxpayers, these additions to tax will be waived or, to the extent previously assessed or paid, will be abated, refunded, or credited to other outstanding tax liabilities, as appropriate, for the relief period, which begins on the date the IRS issued an initial balance due notice or February 5, 2022, whichever is later, and ends on March 31, 2024.

ADMINISTRATIVE, EMPLOYMENT TAX, INCOME TAX, SPECIAL ANNOUNCEMENT

Announcement 2024-3 (page 364)

This announcement announces a Voluntary Disclosure Program for taxpayers to resolve refunds or credits for erroneous Employee Retention Credit claims. The announcement explains taxpayer eligibility criteria, terms, and procedures for taxpayers electing to participate in the Voluntary Disclosure Program. The announcement is intended to provide taxpayers an opportunity to efficiently resolve their civil tax liabilities under this Voluntary Disclosure Program and avoid potential litigation.

EMPLOYEE PLANS

Notice 2024-2 (page 316)

This notice provides guidance in the form of questions and answers with respect to certain provisions of the SECURE 2.0 Act of 2022.

Notice 2024-3 (page 338)

This notice sets forth the 2023 Cumulative List of Changes in Plan Qualification Requirements for Defined Contribution Qualified Pre-approved Plans (2023 Cumulative List). The 2023 Cumulative List will assist pre-approved plan providers applying to the Internal Revenue Service (IRS) for opinion letters for the fourth remedial amendment cycle for defined contribution qualified pre-approved plans (Cycle 4) under the IRS’s pre-approved plan program. The 2023 Cumulative List identifies recent changes in the qualification requirements of the Internal Revenue Code that were not taken into account during the first three remedial amendment cycles for defined contribution qualified pre-approved plans and that will be taken into account by the IRS with respect to the form of a plan submitted to the IRS for Cycle 4. The Cycle 4 submission period begins on February 1, 2024, and ends on January 31, 2025.

Notice 2024-4 (page 343)

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

Rev. Rul. 2024-1 (page 307)

This revenue ruling provides tables of covered compensation under § 401(l)(5)(E) of the Internal Revenue Code and the Income Tax Regulations thereunder, effective January 1, 2024.

26 CFR 1.401(l)-1: Permitted disparity in employer-provided contributions or benefits

EMPLOYEE PLANS, EXCISE TAX

Notice 2024-1 (page 314)

This notice provides the indexing factors to be used by group health plans and health insurance issuers to calculate the qualifying payment amount (QPA) for items or services provided on or after January 1, 2024, and before January 1, 2025. The No Surprises Act (NSA) added parallel provisions at Code sections 9816 and 9817, ERISA sections 716 and 717, and PHS Act sections 2799A-1 and 2799A-2. These provisions provide protections against balance-billing for certain out-of-network items or services provided to patients. The QPA is the basis for determining individual cost sharing for items and services covered by the balance-billing protections in the NSA, under certain circumstances. The QPA for a given calendar year is based on information regarding median rates for certain items and services from prior years and is indexed based on changes in the consumer price index. In addition to providing the indexing factor for adjusting 2023 amounts for 2024, the notice also provides cumulative adjustments for prior years and examples of how to apply the percentage increases.

26 CFR 54.9816-6T: Calculating the qualifying payment amount in 2024

EXCISE TAX, INCOME TAX, SPECIAL ANNOUNCEMENT

Notice 2024-6 (page 348)

Notice 2024-6 discusses a method that can be used to qualify for and calculate the sustainable aviation fuel (SAF) credit, the Renewable Fuel Standard (RFS) program, and also discusses other methods. Notice 2024-6 provides RFS safe harbors to qualify for and calculate the SAF credit and also informs the public that the current Greenhouse Gases, Regulated Emissions, and Energy Use in Technologies (GREET) model does not currently meet the applicable requirements to be used for the SAF credit, but federal agencies are working to modify the GREET model so that it does.

EXEMPT ORGANIZATIONS

Announcement 2024-1 (page 363)

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

Notice 2024-5 (page 347)

This notice provides a safe harbor regarding the incremental cost of certain qualified commercial clean vehicles placed in service in calendar year 2024 for purposes of the credit for qualified commercial clean vehicles under § 45W of the Internal Revenue Code. This notice also requests comments regarding additional types or classes of vehicles that should be included in the safe harbor in the future.

Notice 2024-8 (page 356)

This notice provides the optional 2024 standard mileage rates for taxpayers to use in computing the deductible costs of operating an automobile for business, charitable, medical, or moving expense purposes. This notice also provides the amount taxpayers must use in calculating reductions to basis for depreciation taken under the business standard mileage rate, and the maximum standard automobile cost that may be used in computing the allowance under a fixed and variable rate plan. Additionally, this notice provides the maximum fair market value of employer-provided automobiles first made available to employees for personal use in calendar year 2024 for which employers may use the fleet-average valuation rule in § 1.61-21(d)(5)(v) or the vehicle cents-per-mile valuation rule in § 1.61-21(e).

Notice 2024-9 (page 358)

The notice of intent to propose regulations concerns the statutorily-required exceptions to the elective payment phaseout for entities that do not satisfy the domestic content requirements of §§ 45, 45Y, 48 and 48E. This notice provides the transitional process by which the IRS will implement the statutorily-required exceptions to the elective payment phaseout for entities that do not satisfy the domestic content requirements of §§ 45, 45Y, 48 and 48E. These transitional procedures only apply to projects that begin construction prior to January 1, 2025. This notice also requests comments to inform the development of the forthcoming proposed regulations that will implement the process by which the statutorily-required exceptions will be provided to these phaseouts if construction begins on or after January 1, 2025.

Notice 2024-11 (page 360)

This notice updates Notice 2011-64, 2011-37 I.R.B. 231, which contains the list of treaties that meet the requirements of section 1(h)(11)(C)(i)(II) of the Code. It adds the treaty with Chile, which entered into force on December 19. The list removes the treaties with Russia and Hungary because both have ceased to meet the requirements of section 1(h)(11) after the publication of Notice 2011-64. Notice 2011–64 is amplified and superseded.

REG-118492-23 (page 366)

These proposed regulations would provide guidance to qualified manufacturers of new clean vehicles to comply with rules regarding excluded entities, as established by the Inflation Reduction Act of 2022 (IRA). Section 30D(d)(7) excludes from the definition of “new clean vehicle (A) any vehicle placed in service after December 31, 2024, with respect to which any of the applicable critical minerals contained in the battery of such vehicle were extracted, processed, or recycled by a foreign entity of concern (as defined in section 40207(a)(5) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)(5))), or (B) any vehicle placed in service after December 31, 2023, with respect to which any of the components contained in the battery of such vehicle were manufactured or assembled by a foreign entity of concern (as so defined). These proposed regulations would provide guidance for qualified manufacturers for how to comply with these rules.

Rev. Rul. 2024-2 (page 311)

Federal rates; adjusted federal rates; adjusted federal long-term rate, and the long-term tax exempt rate. For purposes of sections 382, 1274, 1288, 7872 and other sections of the Code, tables set forth the rates for January 2024.

(Also Sections 42, 280G, 382, 467, 468, 482, 483, 1288, 7520, 7702, 7872.)



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