Table of Contents

• Notice 2008-104
  • PURPOSE
  • BACKGROUND
  • TRANSITION RELIEF
  • EFFECT ON OTHER DOCUMENTS
  • DRAFTING INFORMATION
• Notice 2008-110
  • SECTION 1. PURPOSE
  • SECTION 2. BIODIESEL; ASTM STANDARD
  • SECTION 3. CELLULOSIC BIOFUEL PRODUCER CREDIT
  • SECTION 4. DRAFTING INFORMATION
• Notice 2008-111
  • SECTION 1. PURPOSE AND BACKGROUND
  • SECTION 2. DEFINITION OF THE PLAN
  • SECTION 3. COMPONENTS OF AN INTERMEDIARY TRANSACTION
  • SECTION 4. ENGAGING IN THE TRANSACTION PURSUANT TO THE PLAN
  • SECTION 5. SAFE HARBOR EXCEPTIONS FOR CERTAIN PERSONS; PARTICIPATION GENERALLY
    • 01. Safe Harbor Exceptions for Certain Persons
    • 02. Participation
  • SECTION 6. EFFECTIVE DATE; DISCLOSURE, LIST MAINTENANCE, AND REGISTRATION REQUIREMENTS; PENALTIES; OTHER CONSIDERATIONS
  • SECTION 7. EFFECT ON OTHER DOCUMENTS
  • SECTION 8. REQUEST FOR COMMENTS
  • DRAFTING INFORMATION
• Notice 2008-112
  • CORPORATE BOND WEIGHTED AVERAGE INTEREST RATE
  • YIELD CURVE AND SEGMENT RATES
  • 30-YEAR TREASURY SECURITIES INTEREST RATES
  • MINIMUM PRESENT VALUE SEGMENT RATES
  • DRAFTING INFORMATION
• Notice 2008-113
  • I. PURPOSE
  • II. BACKGROUND
  • III. ELIGIBILITY REQUIREMENTS
    • A. In General
    • B. Avoidance of Recurrence of Operational Failure
    • C. Relief not Available to Service Providers Under Examination
    • D. Additional Eligibility Requirements
    • E. Required Repayments by the Service Provider
    • F. Eligibility for Relief for a Taxable Year in which the Service Recipient Experiences a Financial Downturn or Other Financial Issue
    • G. Definition of Insider
    • H.Determining Certain Periods of Days
    • I. Adjustments for Earnings and Losses
    • J. References to the Internal Revenue Code
  • IV. CORRECTIONS OF CERTAIN OPERATIONAL FAILURES IN THE SAME TAXABLE YEAR AS THE FAILURE OCCURS
    • A. Failure to Defer Amount or Incorrect Payment of Amount Payable in a Subsequent Taxable Year Corrected in the Same Taxable Year as the Failure
    • 1. Relief for Amounts to which § IV.A Applies
    • 2. Amounts to which § IV.A Applies
    • 3. Reporting and Withholding Requirements
    • 4. Adjustments for Earnings
    • 5. Examples
    • B. Incorrect Payment of Amount Payable in Same Taxable Year or Incorrect Payment in Violation of § 409A(a)(2)(B)(i) Corrected in the Same Taxable Year as the Failure
    • 1. Relief for Amounts to which § IV.B Applies
    • 2. Amounts to which § IV.B Applies
    • 3. Reporting and Withholding Requirements
    • 4. Adjustment for Earnings
    • 5. Examples
    • C. Excess Deferred Amount Corrected in the Same Taxable Year
    • 1. Relief for Amounts to which § IV.C Applies
    • 2. Amounts to which § IV.C Applies
    • 3. Adjustment for Earnings
    • 4. Example
    • D. Correction of Exercise Price of Otherwise Excluded Stock Rights
    • 1. Relief for Amounts to which § IV.D Applies
    • 2. Amounts to which § IV.D Applies
    • 3. Example
  • V. CORRECTIONS OF CERTAIN OPERATIONAL FAILURES INVOLVING NON-INSIDER SERVICE PROVIDERS IN THE TAXABLE YEAR IMMEDIATELY FOLLOWING THE TAXABLE YEAR IN WHICH THE FAILURE OCCURS
    • A. In General
    • B. Failure to Defer Amount or Incorrect Payment of Amount Payable in a Subsequent Taxable Year Corrected in the Taxable Year Immediately Following the Failure
    • 1. Relief for Amounts to which § V.B Applies
    • 2. Amounts to which § V.B Applies
    • 3. Reporting and Withholding Requirements
    • 4. Adjustment for Earnings
    • 5. Example
    • C. Incorrect Payment of Amount Payable in Same Taxable Year or Incorrect Payment in Violation of § 409A(a)(2)(B)(i) Corrected During Subsequent Taxable Year
    • 1. Relief for Amounts to which § V.C Applies
    • 2. Amounts to which § V.C Applies
    • 3. Reporting and Withholding Requirements
    • 4. Adjustment for Earnings
    • 5. Example
    • D. Excess Deferred Amount Corrected in the Taxable Year Immediately Following the Year of the Failure
    • 1. Relief for Amounts to which § V.D Applies
    • 2. Amounts to which § V.D. Applies
    • 3. Adjustment for Earnings
    • 4. Example
    • E. Correction of Exercise Price of Otherwise Excluded Stock Rights
    • 1. Relief for Amounts to which § V.E Applies
    • 2. Amounts to which § V.E. Applies
    • 3. Example
  • VI. RELIEF FOR CERTAIN OPERATIONAL FAILURES INVOLVING LIMITED AMOUNTS
    • A. In General
    • B. Failure to Defer Limited Amount not Corrected in the Same Taxable Year and Certain Erroneous Payments of Limited Amounts
    • 1. Relief for Amounts to which § VI.B Applies
    • 2. Amounts to which § VI.B Applies
    • 3. Reporting and Filing Requirements
    • 4. Examples
    • C. Limited Excess Deferred Amount not Corrected in the Same Taxable Year
    • 1. Relief for Amounts to which § VI.C Applies
    • 2. Amounts to which § VI.C Applies
    • 3. Reporting and Withholding
    • 4. Adjustment for Earnings
    • 5. Example
  • VII. RELIEF FOR CERTAIN OTHER OPERATIONAL FAILURES
    • A. General Requirements
    • B. Failure to Defer Amount not Corrected in the Same Taxable Year and Certain Erroneous Payments
    • 1. Relief for Amounts to which § VII.B Applies
    • 2. Amounts to which § VII.B Applies
    • 3. Reporting and Withholding
    • 4. Adjustment for Earnings
    • 5. Example
    • C. Incorrect Payment of Amount Payable in Same Taxable Year or Incorrect Payment in Violation of § 409A(a)(2)(B)(i) not Corrected in the Same Taxable Year as the Failure
    • 1. Relief for Amounts to which § VII.C Applies
    • 2. Amounts to which § VII.C Applies
    • 3. Reporting and Withholding
    • 4. Adjustment for Earnings
    • 5. Examples
    • D. Excess Deferred Amount not Corrected in the Same Taxable Year
    • 1. Relief for Amounts to which § VII.D Applies
    • 2. Amounts to which § VII.D Applies
    • 3. Reporting and Withholding
    • 4. Adjustment for Earnings
    • 5. Example
  • VIII. SPECIAL TRANSITION RULE FOR NON-INSIDERS
  • IX. INFORMATION AND REPORTING REQUIREMENTS
    • A. Information Required with Respect to Correction of an Operational Failure in the Same Taxable Year as the Failure Occurs
    • 1. Attachment to Service Recipient Tax Return for Failures Described in § IV
    • 2. Information to be Provided to Service Provider for Failures Described in § IV
    • B. Information Required with Respect to Relief for Certain Operational Failures
    • 1. Attachment to Service Recipient Tax Return for Failures Described in § V, § VI, § VII or § VIII
    • 2. Information to be Provided to Service Provider for Failures Described in § V, § VI, § VII or § VIII
    • 3. Attachment to Service Provider Tax Return for Failures Described in § V, § VI, § VII or § VIII
  • X. EFFECT ON OTHER DOCUMENTS
  • XI. REQUEST FOR COMMENTS
  • XII. PAPERWORK REDUCTION ACT
  • XIII. DRAFTING INFORMATION
• Notice 2008-114