Internal Revenue Bulletin:  2014-1 

January 2, 2014 

APPENDIX E

CHECKLISTS, GUIDELINE REVENUE PROCEDURES, NOTICES, SAFE HARBOR REVENUE PROCEDURES, AND AUTOMATIC CHANGE REVENUE PROCEDURES

Specific revenue procedures and notices supplement the general instructions for requests explained in section 7 of this revenue procedure and apply to requests for letter rulings or determination letters regarding the Code sections and matters listed in this section.

Checklists, guideline revenue procedures, and notices

.01 For requests relating to the following Code sections and subject matters, refer to the following checklists, guideline revenue procedures, and notices.

CODE OR REGULATION SECTION REVENUE PROCEDURE AND NOTICE
103, 141 – 150, 1394, 1400L(d), 1400N(a), 1400U–1, 1400U–3, 7478, and 7871 Issuance of state or local obligations Rev. Proc. 96–16, 1996–1 C.B. 630 (for a reviewable ruling under § 7478 and a nonreviewable ruling); Rev. Proc. 88–31, 1988–1 C.B. 832 (for approval of areas of chronic economic distress); and Rev. Proc. 82–26, 1982–1 C.B. 476 (for ”on behalf of” and similar issuers). For approval of areas of chronic economic distress, Rev. Proc. 88–31 explains how this request for approval must be submitted to the Assistant Secretary for Housing/Federal Housing Commissioner of the Department of Housing and Urban Development.
1.166–2(d)(3) Uniform express determination letter for making election Rev. Proc. 92–84, 1992–2 C.B. 489.
Subchapter C-Corporate Distributions, Adjustments, Transfers, and Reorganizations Rev. Proc. 77–37, 1977–2 C.B. 568, as modified by Rev. Proc. 89–30, 1989–1 C.B. 895, and as amplified by Rev. Proc. 77–41, 1977–2 C.B. 574, Rev. Proc. 83–81, 1983–2 C.B. 598 (see also Rev. Proc. 2013–3, 2013–1 I.R.B. 113), Rev. Proc. 84–42, 1984–1 C.B. 521 (superseded, in part, as to no-rule areas by Rev. Proc. 2013–3, 2013–1 I.R.B. 113), Rev. Proc. 86–42, 1986–2 C.B. 722, and Rev. Proc. 89–50, 1989–2 C.B. 631. But see section 3.01 of Rev. Proc. 2014–3, which states that the Service will not issue a letter ruling as to whether a transaction constitutes a reorganization within the meaning of § 368. However, the Service will issue a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc. 2014–3) presented in a reorganization within the meaning of § 368. The information and representations described in these revenue procedures should be included in a letter ruling request only to the extent that they relate to the significant issues with respect to which the letter ruling is requested. See section 6.03(4).
301 Nonapplicability on sales of stock of employer to defined contribution plan Rev. Proc. 87–22, 1987–1 C.B. 718.
302, 311 Checklist questionnaire Rev. Proc. 86–18, 1986–1 C.B. 551; and Rev. Proc. 77–41, 1977–2 C.B. 574.
302(b)(4) Checklist questionnaire Rev. Proc. 81–42, 1981–2 C.B. 611.
311 Checklist questionnaire Rev. Proc. 86–16, 1986–1 C.B. 546.
332 Checklist questionnaire See section 3.01 of Rev. Proc. 2014–3, this Bulletin, which states that the Service will not issue a letter ruling on whether a corporate distribution qualifies for nonrecognition treatment under section § 332. However, the Service will issue a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc. 2014–3) presented in a transaction described in § 332. The information and representations described in Rev. Proc. 90–52, 1990–2 C.B. 626, should be included in a letter ruling request only to the extent that they relate to the significant issues with respect to which the letter ruling is requested. See section 6.03(4).
338 Extension of time to make elections Rev. Proc. 2003–33, 2003–1 C.B. 803, provides guidance as to how an automatic extension of time under § 301.9100-3 of the Treasury Regulations may be obtained to file elections under § 338. This revenue procedure also informs taxpayers who do not qualify for the automatic extension of the information necessary to obtain a letter ruling.
351 Checklist questionnaire See section 3.01 of Rev. Proc. 2014–3, this Bulletin, which states that the Service will not issue a letter ruling on whether certain transfers to controlled corporations qualify for nonrecognition treatment under § 351. However, the Service will issue a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc. 2014–3) presented in a transaction described in § 351. The information and representations described in Rev. Proc. 83–59, 1983–2 C.B. 575, should be included in a letter ruling request only to the extent that they relate to the significant issues with respect to which the letter ruling is requested. See section 6.03(4).
355 Checklist questionnaire See section 3.01 of Rev. Proc. 2014–3, this Bulletin, which states that the Service will not issue a letter ruling on whether certain distributions of controlled corporation stock qualify for nonrecognition treatment under § 355. However, the Service will issue a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc. 2014–3) presented in a transaction described in § 355. The information and representations described in Rev. Proc. 96–30, 1996–1 C.B. 696, should be included in a letter ruling request only to the extent that they relate to the significant issues with respect to which the letter ruling is requested. See section 6.03(4).
368(a)(1)(E) Checklist questionnaire See section 3.01 of Rev. Proc. 2014–3, this Bulletin, which states that the Service will not issue a letter ruling as to whether a transaction constitutes a reorganization, including a recapitalization within the meaning of § 368(a)(1)(E) (or a transaction that qualifies under § 1036). However, the Service will issue a letter ruling addressing significant issues (within the meaning of section 3.01 of Rev. Proc. 2014–3) presented in a transaction described in § 368(a)(1)(E) (or in a transaction described in § 1036). The information and representations described in Rev. Proc. 81–60, 1981–2 C.B. 680, should be included in a letter ruling request only to the extent that they relate to the significant issues. See section 6.03(4).
461(h) Alternative method for the inclusion of common improvement costs in basis Rev. Proc. 92–29, 1992–1 C.B. 748.
482 Advance pricing agreements Rev. Proc. 2006–9, 2006–1 C.B. 278, as amplified by Rev. Proc. 2006–54, 2006–2 C.B. 1035, and modified by Rev. Proc. 2008–31, 2008–1 C.B. 1133.
521 Appeal procedure with regard to adverse determination letters and revocation or modification of exemption letter rulings and determination letters Rev. Proc. 90–27, 1990–1 C.B. 514.
817(h) Closing agreement for inadvertent failures of variable contracts Rev. Proc. 2008–41, 2008–2 C.B. 155.
860 Self Determination of Deficiency Dividend Rev. Proc. 2009–28, 2009–20 I.R.B. 1011.
877, 2107, and 2501(a)(3) Individuals who lose U.S. citizenship or cease to be taxed as long-term U.S. residents with a principal purpose to avoid U.S. taxes Notice 97-19, 1997-1 C.B. 394, as modified by Notice 98-34, 1998-2 C.B. 29, and as obsoleted in part by Notice 2005-36, 2005-1 C.B. 1007.
1362(b)(5) and 1362(f) Relief for late S corporation and related elections under certain circumstances Rev. Proc. 2013–30, 2013–36 I.R.B. 173.
1362(b)(5) and 301.7701–3 Automatic extensions of time for late S corporation election and late corporate entity classification Rev. Proc. 2013–30, 2013–36 I.R.B. 173.
1.1502–13(e)(3) Consent to treat intercompany transactions on a separate entity basis and revocation of this consent Rev. Proc. 2009–31, 2009–27 I.R.B. 107.
1.1502–76(a)(1) Consent to file a consolidated return where member(s) of the affiliated group use a 52–53 week taxable year Rev. Proc. 89–56, 1989–2 C.B. 643, as modified by Rev. Proc. 2006–21, 2006–1 C.B. 1050.
1504(a)(3)(A) and (B) Waiver of application of § 1504(a)(3)(A) for certain corporations Rev. Proc. 2002–32, 2002–1 C.B. 959, as modified by Rev. Proc. 2006–21, 2006–1 C.B. 1050.
1552 Consent to elect or change method of allocating affiliated group’s consolidated federal income tax liability Rev. Proc. 90–39, 1990–2 C.B. 365, as clarified by Rev. Proc. 90–39A, 1990–2 C.B. 367, and as modified by Rev. Proc. 2006–21, 2006–1 C.B. 1050.
2642 Allocations of generation-skipping transfer tax exemption Rev. Proc. 2004–46, 2004–2 C.B. 142, provides an alternative method for requesting relief to make a late allocation of the generation-skipping transfer tax exemption. This revenue procedure also informs taxpayers who are denied relief or who are outside the scope of the revenue procedure of the information necessary for obtaining a letter ruling.
2652(a)(3) Reverse qualified terminable interest property elections Rev. Proc. 2004–47, 2004–2, C.B. 169, provides an alternative method for certain taxpayers to obtain an extension of time to make a late reverse qualified terminable interest property election under § 2652(a)(3). This revenue procedure also informs taxpayers who are denied relief or who are outside the scope of the revenue procedure of the information necessary to obtain a letter ruling.
4980B Failure to satisfy continuation coverage requirements of group health plans Rev. Proc. 87–28, 1987–1 C.B. 770 (treating references to former § 162(k) as if they were references to § 4980B).
7701 Relief for a late initial classification election for a newly formed entity Rev. Proc. 2009–41, 2009–39 I.R.B. 439.
7701(a)(40) and 7871(d) Indian tribal governments and subdivision of Indian tribal governments Rev. Proc. 84–37, 1984–1 C.B. 513, as modified by Rev. Proc. 86–17, 1986–1 C.B. 550, and Rev. Proc. 2014–1, this revenue procedure, (provides guidelines for obtaining letter rulings recognizing Indian tribal government or tribal government subdivision status; also provides for inclusion in list of federally recognized Indian tribes published annually by the Department of the Interior, Bureau of Indian Affairs, or in list of recognized subdivisions of Indian tribal governments in revised versions of Rev. Proc. 84–36, 1984–1 C.B. 510, as modified and made permanent by Rev. Proc. 86–17).
301.7701–2(a) Classification of undivided fractional interests in rental real estate Rev. Proc. 2002–22, 2002–1 C.B. 733 (specifies the conditions under which the Service will consider a letter ruling request that an undivided fractional interest in rental real property (other than a mineral property as defined in § 614) is not an interest in a business entity).
301.7701–3 Automatic extensions of time for late S corporation election and late corporate entity classification Rev. Proc. 2013–30, 2013–36 I.R.B. 173.
301.9100–3 Extension of time to make entity classification election Rev. Proc. 2009–41, 2009–39 I.R.B. 439.
7702 Closing agreement for failure to account for charges for qualified additional benefits Rev. Proc. 2010–26, 2010–30 I.R.B. 91.
7702 Closing agreement for failed life insurance contracts Rev. Proc. 2008–40, 2008–2 C.B. 151.
7702A Closing agreement for inadvertent non-egregious failure to comply with modified endowment contract rules Rev. Proc. 2008–39, 2008–2 C.B. 143.
7704(g) Revocation of election Notice 98–3, 1998–1 C.B. 333.
SUBJECT MATTERS REVENUE PROCEDURE
Accounting periods; changes in period Rev. Proc. 2002–39, 2002–1 C.B. 1046, as clarified and modified by Notice 2002–72, 2002–2 C.B. 843, as modified by Rev. Proc. 2003–34, 2003–1 C.B. 856, and modified by Rev. Proc. 2003–79, 2003–2 C.B. 1036; and Rev. Proc. 2014–1, this revenue procedure, for which sections 1, 2.01, 2.02, 2.05, 3.03, 5.02, 6.03, 6.05, 6.07, 6.11, 7.01(1), 7.01(2), 7.01(3), 7.01(4), 7.01(5), 7.01(6), 7.01(8), 7.01(9), 7.01(10), 7.01(13), 7.01(14), 7.01(15), 7.02(2), 7.02(4), 7.02(5), 7.02(6), 7.03, 7.04, 7.05, 7.07, 8.01, 8.03, 8.04, 8.05, 8.06, 10, 11, 15, 17, 18, Appendix A, and Appendix E are applicable.
Classification of liquidating trusts Rev. Proc. 82–58, 1982–2 C.B. 847, as modified and amplified by Rev. Proc. 94–45, 1994–2 C.B. 684, and as amplified by Rev. Proc. 91–15, 1991–1 C.B. 484 (checklist questionnaire), as modified and amplified by Rev. Proc. 94–45.
Earnings and profits determinations Rev. Proc. 75–17, 1975–1 C.B. 677; Rev. Proc. 2014–1, this revenue procedure, sections 2.05, 3.03, 7, 8, and 10.05; and Rev. Proc. 2014–3, this Bulletin, section 3.01.
Estate, gift, and generation-skipping transfer tax issues Rev. Proc. 91–14, 1991–1 C.B. 482 (checklist questionnaire).
Intercompany transactions; election not to defer gain or loss Rev. Proc. 2009–31, 2009–27 I.R.B. 107.
Leveraged leasing Rev. Proc. 2001–28, 2001–1 C.B. 1156, and Rev. Proc. 2001–29, 2001–1 C.B. 1160.
Rate orders; regulatory agency; normalization A letter ruling request that involves a question of whether a rate order that is proposed or issued by a regulatory agency will meet the normalization requirements of § 168(f)(2) (pre-Tax Reform Act of 1986, § 168(e)(3)) and former §§ 46(f) and 167(l) ordinarily will not be considered unless the taxpayer states in the letter ruling request whether—
  (1) the regulatory authority responsible for establishing or approving the taxpayer’s rates has reviewed the request and believes that the request is adequate and complete; and
  (2) the taxpayer will permit the regulatory authority to participate in any Associate office conference concerning the request.
  If the taxpayer or the regulatory authority informs a consumer advocate of the request for a letter ruling and the advocate wishes to communicate with the Service regarding the request, any such communication should be sent to: Internal Revenue Service, Associate Chief Counsel (Procedure and Administration), Attn: CC:PA:LPD:DRU, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044 (or, if a private delivery service is used: Internal Revenue Service, Associate Chief Counsel (Procedure and Administration), Attn: CC:PA:LPD:DRU, Room 5336, 1111 Constitution Ave., NW, Washington, DC 20224). These communications will be treated as third party contacts for purposes of § 6110.
Unfunded deferred compensation Rev. Proc. 71–19, 1971–1 C.B. 698, as amplified by Rev. Proc. 92–65, 1992–2 C.B. 428. See Rev. Proc. 92–64, 1992–2 C.B. 422, as modified by Notice 2000–56, 2000–2 C.B. 393, for the model trust for use in Rabbi Trust Arrangements.

Safe harbor revenue procedures

.02 For requests relating to the following Code sections and subject matters, refer to the following safe harbor revenue procedures.

CODE OR REGULATION SECTION REVENUE PROCEDURE
23 and 36C
Adoption credit for foreign adoptions
Rev. Proc. 2010–31, 2010–40 I.R.B. 413.
103 and 141-150
Issuance of state or local obligations
Rev. Proc. 93–17, 1993–1 C.B. 507 (change of use of proceeds); Rev. Proc. 97–13, 1997–1 C.B. 632, as modified by Rev. Proc. 2001–39, 2001–2 C.B. 38 (management contracts); and Rev. Proc. 2007–47, 2007–2 C.B. 108 (research agreements).
61
Utility Cost Recovery Securitization Transactions
Rev. Proc. 2005–62, 2005–2 C.B. 507.
137
Exclusion for Employer Reimbursements
Rev. Proc. 2010–31, 2010–40 I.R.B. 413.
162
Restaurant Small Wares Costs
Rev. Proc. 2002–12, 2002–1 C.B. 374.
165
Losses from corrosive drywall
Rev. Proc. 2010–36, 2010–42 I.R.B. 439.
165
Theft losses from fraudulent investment arrangements
Rev. Proc. 2009–20, 2009–14 I.R.B. 749; Rev. Proc. 2011–58, 2011–50 I.R.B. 849 (modifies Rev. Proc. 2009–20).
168
Depreciation of original and replacement tires for certain vehicles
Rev. Proc. 2002–27, 2002-1 C.B. 802.
168
Depreciation of fiber optic node and trunk line of a cable television distribution system
Rev. Proc. 2003–63, 2003–2 C.B. 304.
168
Recovery periods of certain tangible assets used by wireless telecommunication carriers
Rev. Proc. 2011–22, 2011–18 I.R.B. 737
263
Determination whether expenditures to maintain, replace or improve wireline network assets must be capitalized
Rev. Proc. 2011–27, 2011–18 I.R.B. 740.
263
Determination whether expenditures to maintain, replace or improve wireless network assets must be capitalized
Rev. Proc. 2011–28, 2011–18 I.R.B. 743.
263
Allocating success-based fees paid in business acquisitions or reorganizations
Rev. Proc. 2011–29, 2011–18 I.R.B. 746.
263
Electric trade and distribution property assets
Rev. Proc. 2011–43, 2011–37 I.R.B. 326.
263A
Safe harbor methods for certain motor vehicle dealerships
Rev. Proc. 2010–44, 2010–49 I.R.B. 811.
280A
Safe harbor method to determine the amount of deductible expenses attributable to certain business use of a residence
Rev. Proc. 2013–13, 2013–6 I.R.B. 478.
280B
Certain structural modifications to a building not treated as a demolition
Rev. Proc. 95–27, 1995–1 C.B. 704.
446
Film producer’s treatment of certain creative property costs
Rev. Proc. 2004–36, 2004–1 C.B. 1063.
446
Bank’s treatment of uncollected interest
Rev. Proc. 2007–33, 2007–1 C.B. 1289.
448
Nonaccrual-experience method - book safe harbor method
Rev. Proc. 2011–46, 2011–42 I.R.B. 518.
451
Treatment of gift cards issued to customers in exchange for returned merchandise
Rev. Proc. 2011–17, 2011–5 I.R.B. 441.
451
Safe harbor for certain minors’ trusts established under the Indian Gaming Regulatory Act (U.S.C. §§ 2701-2721)
Rev. Proc. 2011–56, 2011–49 I.R.B. 834.
471
Estimating inventory shrinkage
Rev. Proc. 98–29, 1998–1 C.B. 857.
471
Valuation of automobile dealer vehicle parts inventory
Rev. Proc. 2002–17, 2002–1 C.B. 676.
471
Valuation of remanufactured cores
Rev. Proc. 2003–20, 2003–1 C.B. 445.
471
Valuation of heavy equipment dealer parts inventory
Rev. Proc. 2006–14, 2006–1 C.B. 350.
471
Rolling-average method of accounting for inventories
Rev. Proc. 2008–43, 2008–2 C.B. 186.
475
Eligible positions
Rev. Proc. 2007–41, 2007–1 C.B. 1492.
584(a)
Qualification of a proposed common trust fund plan
Rev. Proc. 92–51, 1992–1 C.B. 988.
642(c)(5)
Qualification of trusts as pooled income funds
Rev. Proc. 88–53, 1988–2 C.B. 712.
664
Charitable remainder trusts
Rev. Proc. 2005–24, 2005–1 C.B. 909, as modified by Notice 2006–15, 2006–1 C.B. 501.
664(d)(1)
Qualification of trusts as charitable remainder annuity trusts
Rev. Proc. 2003–53, 2003–2 C.B. 230; Rev. Proc. 2003–54, 2003–2 C.B. 236; Rev. Proc. 2003–55, 2003–2 C.B. 242; Rev. Proc. 2003–56, 2003–2 C.B. 249; Rev. Proc. 2003–57, 2003–2 C.B. 257; Rev. Proc. 2003–58, 2003–2 C.B. 262; Rev. Proc. 2003–59, 2003–2 C.B. 268; Rev. Proc. 2003–60, 2003–2 C.B. 274.
664(d)(2) and (3)
Qualification of trusts as charitable remainder unitrusts
Rev. Proc. 2005–52, 2005–2 C.B. 326; Rev. Proc. 2005–53, 2005–2 C.B. 339; Rev. Proc. 2005–54, 2005–2 C.B. 353; Rev. Proc. 2005–55, 2005–2 C.B. 367; Rev. Proc. 2005–56, 2005–2 C.B. 383; Rev. Proc. 2005–57, 2005–2 C.B. 392; Rev. Proc. 2005–58, 2005–2 C.B. 402; Rev. Proc. 2005–59, 2005–2 C.B. 412.
832
Insurance company premium acquisition expenses
Rev. Proc. 2002–46, 2002–2 C.B. 105.
856(c)
Certain loans treated as real estate assets
Rev. Proc. 2003–65, 2003–2 C.B. 336.
860H
Transfers of ownership interests in Financial Asset Securitization Investment Trusts
Rev. Proc. 2001–12, 2001–1 C.B. 335.
1031(a)
Qualification as a qualified exchange accommodation arrangement
Rev. Proc. 2000–37, 2000–2 C.B. 308, as modified by Rev. Proc. 2004–51, 2004–2 C.B. 294.
1031
Safe harbor with respect to exchanges of residential real property
Rev. Proc. 2008–16, 2008–1 C.B. 547.
1031
Safe harbor for reporting gain or loss on failed exchanges
Rev. Proc. 2010–14, 2010–12 I.R.B. 456.
1272(a)(6)
Proportional method of accounting for original issue discount on pools of credit card receivables
Rev. Proc. 2013–26, 2013–22 I.R.B. 1160.
1286
Determination of reasonable compensation under mortgage servicing contracts
Rev. Proc. 91–50, 1991–2 C.B. 778.
1362(f)
Automatic inadvertent termination relief to certain corporations
Rev. Proc. 2013–30, 2013–36 I.R.B. 173.
2056A
Qualified Domestic Trust
Rev. Proc. 96–54, 1996–2 C.B. 386.
2702(a)(3)(A) and 25.2702-5(c)
Qualified Personal Residence Trust
Rev. Proc. 2003–42, 2003–1 C.B. 993.
4051(a)(2)
Imposition of tax on heavy trucks and trailers sold at retail
Rev. Proc. 2005–19, 2005–1 C.B. 832.
1.7704-2(d)
New business activity of existing partnership is closely related to pre-existing business
Rev. Proc. 92–101, 1992–2 C.B. 579.
SUBJECT MATTERS REVENUE PROCEDURE
Certain rent-to-own contracts treated as leases Rev. Proc. 95–38, 1995–2 C.B. 397.

Automatic change in accounting period revenue procedures

.03 For requests for an automatic change in accounting period, refer to the following automatic change revenue procedures.

Rev. Proc. 2006–45, 2006–2 C.B. 851, as clarified and modified by Rev. Proc. 2007–64, 2007–2 C.B. 818 (certain corporations); Rev. Proc. 2006–46, 2006–2 C.B. 859 (certain partnerships, subchapter S corporations, personal service corporations, and trusts); and Rev. Proc. 2003–62, 2003–2 C.B. 299 (individuals seeking a calendar year);

The Commissioner’s consent to an otherwise qualifying automatic change in accounting period is granted only if the taxpayer timely complies with the applicable automatic change revenue procedure.


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