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Explanation of Notice 2006-16 - Impact on Required Disclosures

Notice 2006-16 Modifies Notice 2002-35

On February 13, 2006, the Internal Revenue Service released Notice 2006-16. This notice is intended to narrow the scope of reportable transactions substantially similar to the transaction described in Notice 2002-35, and is intended to reduce the number of Form 8886 filings. The Service has continued to receive unnecessary disclosures from taxpayers meeting the exceptions listed below:

  • Section 3.01 clarifies Notice 2002-35, reducing the number of disclosures that will qualify as the listed transaction.This section also lists permissible accounting methods which properly account for the contingent and non-contingent future income, over the life of the contract.Where these methods are used, the transaction will fall outside of Notice 2002-35 and is not a listed transaction.
  • Section 3.02 states that where the taxpayer’s involvement in a Notice 2002-35 listed transaction is solely through the taxpayers direct or indirect interest in a pass-through entity that engaged in this reportable transaction, this taxpayer will have no form 8886 filing requirement.

Where the transaction may also meet the description of another reportable transaction in § 1.6011-4(b)(3)-(5) or (7), the taxpayer will be required to disclose per § 1.6011-4(a).