HIGHLIGHTS OF THIS ISSUE ADMINISTRATIVE EMPLOYEE PLANS EXEMPT ORGANIZATIONS INCOME TAX The IRS Mission Introduction Actions Relating to Court Decisions Part I Rev. Rul. 2021-22 Part III Notice 2021-61 Rev. Proc. 2021-46 Definition of Terms Abbreviations Numerical Finding List1 Numerical Finding List Finding List of Current Actions on Previously Published Items1 How to get the Internal Revenue Bulletin INTERNAL REVENUE BULLETIN We Welcome Comments About the Internal Revenue Bulletin Internal Revenue Bulletin: 2021-47 November 22, 2021 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 Rev. Proc. 2021-46, page 740. This procedure provides specifications for the private printing of red-ink substitutes for the 2021 Forms W-2 and W-3. This procedure will be produced as the next revision of Publication 1141. Rev. Proc. 2020-38 is superseded. NOTE. This revenue procedure will be reproduced as the next revision of IRS Publication 1141, General Rules and Specifications for Substitute Forms W-2 and W-3. 26 CFR 601.602: Tax forms and instructions. (Also Part I, Sections 6041, 6051, 6071, 6081, 6091; 1.6041-1, 1.6041-2, 31.6051-1, 31.6051-2, 31.6071(a)-1, 31.6081(a)-1, 31.6091-1.) EMPLOYEE PLANS Notice 2021-61, page 738. Section 415 of the Internal Revenue Code (the Code) provides for dollar limitations on benefits and contributions under qualified retirement plans. Section 415(d) requires that the Secretary of the Treasury annually adjust these limits for cost of living increases. Other limitations applicable to deferred compensation plans are also affected by these adjustments under § 415. Under § 415(d), the adjustments are to be made under adjustment procedures similar to those used to adjust benefit amounts under § 215(i)(2)(A) of the Social Security Act. EXEMPT ORGANIZATIONS Action On Decision 2021-4, page 725. Nonacquiescence to the holding invalidating Treas. Reg. § 1.170A-9(c)(1)’s requirement that the primary function of an educational organization described in section 170(b)(1)(A)(ii) must be the presentation of formal instruction. INCOME TAX Rev. Rul. 2021-22, page 726. Section 995 - Taxation of DISC Income to Shareholders. 2021 Base Period T-Bill Rate. The “base period T-bill rate” for the period ending September 30, 2021, is published as required by section 995(f) of the Internal Revenue Code. 2021 Base Period T-Bill Rate. The “base period T-bill rate” for the period ending September 30, 2021, is published as required by section 995(f) of the Internal Revenue Code. The IRS Mission Provide America’s taxpayers top-quality service by helping them understand and meet their tax responsibilities and enforce the law with integrity and fairness to all. Introduction The Internal Revenue Bulletin is the authoritative instrument of the Commissioner of Internal Revenue for announcing official rulings and procedures of the Internal Revenue Service and for publishing Treasury Decisions, Executive Orders, Tax Conventions, legislation, court decisions, and other items of general interest. It is published weekly. It is the policy of the Service to publish in the Bulletin all substantive rulings necessary to promote a uniform application of the tax laws, including all rulings that supersede, revoke, modify, or amend any of those previously published in the Bulletin. All published rulings apply retroactively unless otherwise indicated. Procedures relating solely to matters of internal management are not published; however, statements of internal practices and procedures that affect the rights and duties of taxpayers are published. Revenue rulings represent the conclusions of the Service on the application of the law to the pivotal facts stated in the revenue ruling. In those based on positions taken in rulings to taxpayers or technical advice to Service field offices, identifying details and information of a confidential nature are deleted to prevent unwarranted invasions of privacy and to comply with statutory requirements. Rulings and procedures reported in the Bulletin do not have the force and effect of Treasury Department Regulations, but they may be used as precedents. Unpublished rulings will not be relied on, used, or cited as precedents by Service personnel in the disposition of other cases. In applying published rulings and procedures, the effect of subsequent legislation, regulations, court decisions, rulings, and procedures must be considered, and Service personnel and others concerned are cautioned against reaching the same conclusions in other cases unless the facts and circumstances are substantially the same. The Bulletin is divided into four parts as follows: Part I.—1986 Code. This part includes rulings and decisions based on provisions of the Internal Revenue Code of 1986. Part II.—Treaties and Tax Legislation. This part is divided into two subparts as follows: Subpart A, Tax Conventions and Other Related Items, and Subpart B, Legislation and Related Committee Reports. Part III.—Administrative, Procedural, and Miscellaneous. To the extent practicable, pertinent cross references to these subjects are contained in the other Parts and Subparts. Also included in this part are Bank Secrecy Act Administrative Rulings. Bank Secrecy Act Administrative Rulings are issued by the Department of the Treasury’s Office of the Assistant Secretary (Enforcement). Part IV.—Items of General Interest. This part includes notices of proposed rulemakings, disbarment and suspension lists, and announcements. The last Bulletin for each month includes a cumulative index for the matters published during the preceding months. These monthly indexes are cumulated on a semiannual basis, and are published in the last Bulletin of each semiannual period. Actions Relating to Court Decisions It is the policy of the Internal Revenue Service to announce at an early date whether it will follow the holdings in certain cases. An Action on Decision is the document making such an announcement. An Action on Decision will be issued at the discretion of the Service only on unappealed issues decided adverse to the government. Generally, an Action on Decision is issued where its guidance would be helpful to Service personnel working with the same or similar issues. Unlike a Treasury Regulation or a Revenue Ruling, an Action on Decision is not an affirmative statement of Service position. It is not intended to serve as public guidance and may not be cited as precedent. Actions on Decisions shall be relied upon within the Service only as conclusions applying the law to the facts in the particular case at the time the Action on Decision was issued. Caution should be exercised in extending the recommendation of the Action on Decision to similar cases where the facts are different. Moreover, the recommendation in the Action on Decision may be superseded by new legislation, regulations, rulings, cases, or Actions on Decisions. Prior to 1991, the Service published acquiescence or nonacquiescence only in certain regular Tax Court opinions. The Service has expanded its acquiescence program to include other civil tax cases where guidance is determined to be helpful. Accordingly, the Service now may acquiesce or nonacquiesce in the holdings of memorandum Tax Court opinions, as well as those of the United States District Courts, Claims Court, and Circuit Courts of Appeal. Regardless of the court deciding the case, the recommendation of any Action on Decision will be published in the Internal Revenue Bulletin. The recommendation in every Action on Decision will be summarized as acquiescence, acquiescence in result only, or nonacquiescence. Both “acquiescence” and “acquiescence in result only” mean that the Service accepts the holding of the court in a case and that the Service will follow it in disposing of cases with the same controlling facts. However, “acquiescence” indicates neither approval nor disapproval of the reasons assigned by the court for its conclusions; whereas, “acquiescence in result only” indicates disagreement or concern with some or all of those reasons. “Nonacquiescence” signifies that, although no further review was sought, the Service does not agree with the holding of the court and, generally, will not follow the decision in disposing of cases involving other taxpayers. In reference to an opinion of a circuit court of appeals, a “nonacquiescence” indicates that the Service will not follow the holding on a nationwide basis. However, the Service will recognize the precedential impact of the opinion on cases arising within the venue of the deciding circuit. The Commissioner does NOT ACQUIESCE in the following decision: Mayo Clinic v. United States, 997 F.3d 789 (8th Cir. 2021).1 1 Nonacquiescence to the holding invalidating Treas. Reg. § 1.170A-9(c)(1)’s requirement that the primary function of an educational organization described in section 170(b)(1)(A)(ii) must be the presentation of formal instruction. Part I Section 995.—Taxation of DISC Income to Shareholders Rev. Rul. 2021-22 Section 995(f)(1) of the Internal Revenue Code provides that a shareholder of a domestic international sales corporation (“DISC”) shall pay interest for each taxable year in an amount equal to the product of the “shareholder’s DISC-related deferred tax liability” for the year (as defined in section 995(f)(2)) and the “base period T-bill rate.” Under section 995(f)(4), the base period T-bill rate is “the annual rate of interest determined by the Secretary to be equivalent to the average of the 1-year constant maturity Treasury yields, as published by the Board of Governors of the Federal Reserve System, for the 1-year period ending on September 30 of the calendar year ending with (or of the most recent calendar year ending before) the close of the taxable year of the shareholder.” The base period T-bill rate for the period ending September 30, 2021, is 0.08 percent. Pursuant to section 6622 of the Internal Revenue Code, interest must be compounded daily. The table below provides factors for compounding the 2021 base period T-bill rate daily for any number of days in the shareholder’s taxable year (including for a 52-53 week taxable year). To compute the amount of the interest charge for the shareholder’s taxable year, multiply the amount of the shareholder’s DISC-related deferred tax liability for that year by the base period T-bill rate factor corresponding to the number of days in the shareholder’s taxable year for which the interest charge is being computed. Generally, one would use the factor for 365 days. One would use a different factor only if the shareholder’s taxable year for which the interest charge is being determined is a short taxable year, if the shareholder uses a 52-53 week taxable year, or if the shareholder’s taxable year is a leap year. For the base period T-bill rates for periods ending in prior years, see Rev. Rul. 2020-25, 2020-48 I.R.B. 1109; Rev. Rul. 2019-27, 2019-51 I.R.B. 1378; Rev. Rul. 2018-31, 2018-50 I.R.B. 848; Rev. Rul. 2017-23, 2017-49 I.R.B. 546; and Rev. Rul. 2017-01, 2017-03 I.R.B. 377. DRAFTING INFORMATION The principal author of this revenue ruling is Kathleen C. Arsenault of the Office of Associate Chief Counsel (International). For further information regarding the revenue ruling, contact Ms. Arsenault at (202) 317-3800 (not a toll-free number). ANNUAL RATE (0.08%), COMPOUNDED DAILY DAYS FACTOR 1 0.000002192 2 0.000004384 3 0.000006575 4 0.000008767 5 0.000010959 6 0.000013151 7 0.000015343 8 0.000017534 9 0.000019726 10 0.000021918 11 0.000024110 12 0.000026302 13 0.000028494 14 0.000030685 15 0.000032877 16 0.000035069 17 0.000037261 18 0.000039453 19 0.000041645 20 0.000043837 21 0.000046028 22 0.000048220 23 0.000050412 24 0.000052604 25 0.000054796 26 0.000056988 27 0.000059180 28 0.000061372 29 0.000063564 30 0.000065756 31 0.000067947 32 0.000070139 33 0.000072331 34 0.000074523 35 0.000076715 36 0.000078907 37 0.000081099 38 0.000083291 39 0.000085483 40 0.000087675 41 0.000089867 42 0.000092059 43 0.000094251 44 0.000096443 45 0.000098635 46 0.000100827 47 0.000103019 48 0.000105211 49 0.000107403 50 0.000109595 51 0.000111787 52 0.000113979 53 0.000116171 54 0.000118363 55 0.000120555 56 0.000122747 57 0.000124939 58 0.000127131 59 0.000129323 60 0.000131515 61 0.000133707 62 0.000135899 63 0.000138092 64 0.000140284 65 0.000142476 66 0.000144668 67 0.000146860 68 0.000149052 69 0.000151244 70 0.000153436 71 0.000155628 72 0.000157820 73 0.000160013 74 0.000162205 75 0.000164397 76 0.000166589 77 0.000168781 78 0.000170973 79 0.000173165 80 0.000175358 81 0.000177550 82 0.000179742 83 0.000181934 84 0.000184126 85 0.000186319 86 0.000188511 87 0.000190703 88 0.000192895 89 0.000195087 90 0.000197280 91 0.000199472 92 0.000201664 93 0.000203856 94 0.000206048 95 0.000208241 96 0.000210433 97 0.000212625 98 0.000214817 99 0.000217010 100 0.000219202 101 0.000221394 102 0.000223586 103 0.000225779 104 0.000227971 105 0.000230163 106 0.000232356 107 0.000234548 108 0.000236740 109 0.000238932 110 0.000241125 111 0.000243317 112 0.000245509 113 0.000247702 114 0.000249894 115 0.000252086 116 0.000254279 117 0.000256471 118 0.000258663 119 0.000260856 120 0.000263048 121 0.000265240 122 0.000267433 123 0.000269625 124 0.000271817 125 0.000274010 126 0.000276202 127 0.000278395 128 0.000280587 129 0.000282779 130 0.000284972 131 0.000287164 132 0.000289357 133 0.000291549 134 0.000293741 135 0.000295934 136 0.000298126 137 0.000300319 138 0.000302511 139 0.000304704 140 0.000306896 141 0.000309089 142 0.000311281 143 0.000313473 144 0.000315666 145 0.000317858 146 0.000320051 147 0.000322243 148 0.000324436 149 0.000326628 150 0.000328821 151 0.000331013 152 0.000333206 153 0.000335398 154 0.000337591 155 0.000339783 156 0.000341976 157 0.000344168 158 0.000346361 159 0.000348553 160 0.000350746 161 0.000352939 162 0.000355131 163 0.000357324 164 0.000359516 165 0.000361709 166 0.000363901 167 0.000366094 168 0.000368287 169 0.000370479 170 0.000372672 171 0.000374864 172 0.000377057 173 0.000379250 174 0.000381442 175 0.000383635 176 0.000385827 177 0.000388020 178 0.000390213 179 0.000392405 180 0.000394598 181 0.000396791 182 0.000398983 183 0.000401176 184 0.000403369 185 0.000405561 186 0.000407754 187 0.000409947 188 0.000412139 189 0.000414332 190 0.000416525 191 0.000418717 192 0.000420910 193 0.000423103 194 0.000425295 195 0.000427488 196 0.000429681 197 0.000431874 198 0.000434066 199 0.000436259 200 0.000438452 201 0.000440645 202 0.000442837 203 0.000445030 204 0.000447223 205 0.000449416 206 0.000451608 207 0.000453801 208 0.000455994 209 0.000458187 210 0.000460379 211 0.000462572 212 0.000464765 213 0.000466958 214 0.000469151 215 0.000471343 216 0.000473536 217 0.000475729 218 0.000477922 219 0.000480115 220 0.000482308 221 0.000484500 222 0.000486693 223 0.000488886 224 0.000491079 225 0.000493272 226 0.000495465 227 0.000497657 228 0.000499850 229 0.000502043 230 0.000504236 231 0.000506429 232 0.000508622 233 0.000510815 234 0.000513008 235 0.000515201 236 0.000517394 237 0.000519586 238 0.000521779 239 0.000523972 240 0.000526165 241 0.000528358 242 0.000530551 243 0.000532744 244 0.000534937 245 0.000537130 246 0.000539323 247 0.000541516 248 0.000543709 249 0.000545902 250 0.000548095 251 0.000550288 252 0.000552481 253 0.000554674 254 0.000556867 255 0.000559060 256 0.000561253 257 0.000563446 258 0.000565639 259 0.000567832 260 0.000570025 261 0.000572218 262 0.000574411 263 0.000576604 264 0.000578797 265 0.000580990 266 0.000583183 267 0.000585376 268 0.000587569 269 0.000589762 270 0.000591955 271 0.000594148 272 0.000596341 273 0.000598535 274 0.000600728 275 0.000602921 276 0.000605114 277 0.000607307 278 0.000609500 279 0.000611693 280 0.000613886 281 0.000616079 282 0.000618273 283 0.000620466 284 0.000622659 285 0.000624852 286 0.000627045 287 0.000629238 288 0.000631431 289 0.000633625 290 0.000635818 291 0.000638011 292 0.000640204 293 0.000642397 294 0.000644591 295 0.000646784 296 0.000648977 297 0.000651170 298 0.000653363 299 0.000655557 300 0.000657750 301 0.000659943 302 0.000662136 303 0.000664329 304 0.000666523 305 0.000668716 306 0.000670909 307 0.000673102 308 0.000675296 309 0.000677489 310 0.000679682 311 0.000681875 312 0.000684069 313 0.000686262 314 0.000688455 315 0.000690649 316 0.000692842 317 0.000695035 318 0.000697228 319 0.000699422 320 0.000701615 321 0.000703808 322 0.000706002 323 0.000708195 324 0.000710388 325 0.000712582 326 0.000714775 327 0.000716968 328 0.000719162 329 0.000721355 330 0.000723549 331 0.000725742 332 0.000727935 333 0.000730129 334 0.000732322 335 0.000734515 336 0.000736709 337 0.000738902 338 0.000741096 339 0.000743289 340 0.000745482 341 0.000747676 342 0.000749869 343 0.000752063 344 0.000754256 345 0.000756450 346 0.000758643 347 0.000760836 348 0.000763030 349 0.000765223 350 0.000767417 351 0.000769610 352 0.000771804 353 0.000773997 354 0.000776191 355 0.000778384 356 0.000780578 357 0.000782771 358 0.000784965 359 0.000787158 360 0.000789352 361 0.000791545 362 0.000793739 363 0.000795932 364 0.000798126 365 0.000800319 366 0.000802513 367 0.000804706 368 0.000806900 369 0.000809093 370 0.000811287 371 0.000813480 Part III 2022 Limitations Adjusted as Provided in Section 415(d), etc. Notice 2021-61 Section 415 of the Internal Revenue Code (“Code”) provides for dollar limitations on benefits and contributions under qualified retirement plans. Section 415(d) requires that the Secretary of the Treasury annually adjust these limits for cost-of-living increases. Other limitations applicable to deferred compensation plans are also affected by these adjustments under section 415. Under section 415(d), the adjustments are to be made under adjustment procedures similar to those used to adjust benefit amounts under section 215(i)(2)(A) of the Social Security Act. Cost-of-Living Adjusted Limits for 2022 Effective January 1, 2022, the limitation on the annual benefit under a defined benefit plan under section 415(b)(1)(A) of the Code is increased from $230,000 to $245,000. For a participant who separated from service before January 1, 2022, the participant’s limitation under a defined benefit plan under section 415(b)(1)(B) is computed by multiplying the participant’s compensation limitation, as adjusted through 2021, by 1.0534. The limitation for defined contribution plans under section 415(c)(1)(A) is increased in 2022 from $58,000 to $61,000. The Code provides that various other dollar amounts are to be adjusted at the same time and in the same manner as the dollar limitation of section 415(b)(1)(A). After taking into account the applicable rounding rules, the amounts for 2022 are as follows: The limitation under section 402(g)(1) on the exclusion for elective deferrals described in section 402(g)(3) is increased from $19,500 to $20,500. The annual compensation limit under sections 401(a)(17), 404(l), 408(k)(3)(C), and 408(k)(6)(D)(ii) is increased from $290,000 to $305,000. The dollar limitation under section 416(i)(1)(A)(i) concerning the definition of “key employee” in a top-heavy plan is increased from $185,000 to $200,000. The dollar amount under section 409(o)(1)(C)(ii) for determining the maximum account balance in an employee stock ownership plan subject to a 5-year distribution period is increased from $1,165,000 to $1,230,000, while the dollar amount used to determine the lengthening of the 5-year distribution period is increased from $230,000 to $245,000. The limitation used in the definition of “highly compensated employee” under section 414(q)(1)(B) is increased from $130,000 to $135,000. The dollar limitation under section 414(v)(2)(B)(i) for catch-up contributions to an applicable employer plan other than a plan described in section 401(k)(11) or section 408(p) for individuals aged 50 or over remains unchanged at $6,500. The dollar limitation under section 414(v)(2)(B)(ii) for catch-up contributions to an applicable employer plan described in section 401(k)(11) or section 408(p) for individuals aged 50 or over remains unchanged at $3,000. The annual compensation limitation under section 401(a)(17) for eligible participants in certain governmental plans that, under the plan as in effect on July 1, 1993, allowed cost-of-living adjustments to the compensation limitation under the plan under section 401(a)(17) to be taken into account, is increased from $430,000 to $450,000. The compensation amount under section 408(k)(2)(C) regarding simplified employee pensions (SEPs) remains unchanged at $650. The limitation under section 408(p)(2)(E) regarding SIMPLE retirement accounts is increased from $13,500 to $14,000. The limitation on the aggregate amount of length of service awards accruing with respect to any year of service for any bona fide volunteer under section 457(e)(11)(B)(ii) concerning deferred compensation plans of state and local governments and tax-exempt organizations is increased from $6,000 to $6,500. The limitation on deferrals under section 457(e)(15) concerning deferred compensation plans of state and local governments and tax-exempt organizations is increased from $19,500 to $20,500. The limitation under section 664(g)(7) concerning the qualified gratuitous transfer of qualified employer securities to an employee stock ownership plan is increased from $50,000 to $55,000. The compensation amount under § 1.61-21(f)(5)(i) of the Income Tax Regulations (“Regulations”) concerning the definition of “control employee” for fringe benefit valuation purposes is increased from $115,000 to $120,000. The compensation amount under § 1.61-21(f)(5)(iii) is increased from $235,000 to $245,000. The dollar limitation on premiums paid with respect to a qualifying longevity annuity contract under § 1.401(a)(9)-6, A-17(b)(2)(i) of the Regulations is increased from $135,000 to $145,000. The Code provides that the $1,000,000,000 threshold used to determine whether a multiemployer plan is a systemically important plan under section 432(e)(9)(H)(v)(III)(aa) of the Code is adjusted using the cost-of-living adjustment provided under section 432(e)(9)(H)(v)(III)(bb). After taking the applicable rounding rule into account, the threshold used to determine whether a multiemployer plan is a systemically important plan under section 432(e)(9)(H)(v)(III)(aa) is increased from $1,176,000,000 to $1,220,000,000. The Code also provides that several retirement-related amounts are to be adjusted using the cost-of-living adjustment under section 1(f)(3). After taking the applicable rounding rules into account, the amounts for 2022 are as follows: The adjusted gross income limitation under section 25B(b)(1)(A) for determining the retirement savings contributions credit for married taxpayers filing a joint return is increased from $39,500 to $41,000; the limitation under section 25B(b)(1)(B) is increased from $43,000 to $44,000; and the limitation under sections 25B(b)(1)(C) and 25B(b)(1)(D) is increased from $66,000 to $68,000. The adjusted gross income limitation under section 25B(b)(1)(A) for determining the retirement savings contributions credit for taxpayers filing as head of household is increased from $29,625 to $30,750; the limitation under section 25B(b)(1)(B) is increased from $32,250 to $33,000; and the limitation under sections 25B(b)(1)(C) and 25B(b)(1)(D) is increased from $49,500 to $51,000. The adjusted gross income limitation under section 25B(b)(1)(A) for determining the retirement savings contributions credit for all other taxpayers is increased from $19,750 to $20,500; the limitation under section 25B(b)(1)(B) is increased from $21,500 to $22,000; and the limitation under sections 25B(b)(1)(C) and 25B(b)(1)(D) is increased from $33,000 to $34,000. The deductible amount under sections 219(b)(5)(A) for an individual making qualified retirement contributions remains unchanged at $6,000. The applicable dollar amount under section 219(g)(3)(B)(i) for determining the deductible amount of an IRA contribution for taxpayers who are active participants filing a joint return or as a qualifying widow(er) is increased from $105,000 to $109,000. The applicable dollar amount under section 219(g)(3)(B)(ii) for all other taxpayers who are active participants (other than married taxpayers filing separate returns) is increased from $66,000 to $68,000. If an individual or the individual’s spouse is an active participant, the applicable dollar amount under section 219(g)(3)(B)(iii) for a married individual filing a separate return is not subject to an annual cost-of-living adjustment and remains $0. The applicable dollar amount under section 219(g)(7)(A) for a taxpayer who is not an active participant but whose spouse is an active participant is increased from $198,000 to $204,000. Accordingly, under section 219(g)(2)(A), the deduction for taxpayers making contributions to a traditional IRA is phased out for single individuals and heads of household who are active participants in a qualified plan (or another retirement plan specified in section 219(g)(5)) and have adjusted gross incomes (as defined in section 219(g)(3)(A)) between $68,000 and $78,000, increased from between $66,000 and $76,000. For married couples filing jointly, if the spouse who makes the IRA contribution is an active participant, the income phase-out range is between $109,000 and $129,000, increased from between $105,000 and $125,000. For an IRA contributor who is not an active participant and is married to someone who is an active participant, the deduction is phased out if the couple’s income is between $204,000 and $214,000, increased from between $198,000 and $208,000. For a married individual filing a separate return who is an active participant, the phase-out range is not subject to an annual cost-of-living adjustment and remains $0 to $10,000. The adjusted gross income limitation under section 408A(c)(3)(B)(ii)(I) for determining the maximum Roth IRA contribution for married taxpayers filing a joint return or for taxpayers filing as a qualifying widow(er) is increased from $198,000 to $204,000. The adjusted gross income limitation under section 408A(c)(3)(B)(ii)(II) for all other taxpayers (other than married taxpayers filing separate returns) is increased from $125,000 to $129,000. The applicable dollar amount under section 408A(c)(3)(B)(ii)(III) for a married individual filing a separate return is not subject to an annual cost-of-living adjustment and remains $0. Accordingly, under section 408A(c)(3)(A), the adjusted gross income phase-out range for taxpayers making contributions to a Roth IRA is $204,000 to $214,000 for married couples filing jointly, increased from $198,000 to $208,000. For singles and heads of household, the income phase-out range is $129,000 to $144,000, increased from $125,000 to $140,000. For a married individual filing a separate return, the phase-out range is not subject to an annual cost-of-living adjustment and remains $0 to $10,000. Drafting Information The principal author of this notice is Tom Morgan of the Office of the Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes). However, other personnel from the IRS participated in the development of this guidance. For further information regarding this notice, contact Mr. Morgan at (202) 317-6700 or Greg Davis at (443) 853-5590 (not toll-free numbers). Rev. Proc. 2021-46 TABLE OF CONTENTS PART 1 – GENERAL Section 1.1 – Purpose 741 Section 1.2 – What’s New 743 Section 1.3 – General Rules for Paper Forms W-2 and W-3 743 Section 1.4 – General Rules for Filing Forms W-2 (Copy A) Electronically 745 PART 2 – SPECIFICATIONS FOR SUBSTITUTE FORMS W-2 AND W-3 Section 2.1 – Specifications for Red-Ink Substitute Form W-2 (Copy A) and Form W-3 Filed With the SSA 745 Section 2.2 – Specifications for Substitute Black-and-White Form W-2 (Copy A) and Form W-3 Filed With the SSA 748 Section 2.3 – Requirements for Substitute Forms Furnished to Employees (Copies B, C, and 2 of Form W-2) 750 Section 2.4 – Electronic Delivery of Form W-2 and W-2c Recipient Statements 753 PART 3 – ADDITIONAL INSTRUCTIONS Section 3.1 – Additional Instructions for Form Printers 754 Section 3.2 – Instructions for Employers 755 Section 3.3 – OMB Requirements for Both Red-Ink and Black-and-White Substitute Forms W-2 and W-3 756 Section 3.4 – Order Forms and Instructions 756 Section 3.5 – Effect on Other Documents 757 Section 3.6 – Exhibits 757 Part 1 General Section 1.1 – Purpose .01 The purpose of this revenue procedure is to state the requirements of the Internal Revenue Service (IRS) and the Social Security Administration (SSA) regarding the preparation and use of substitute forms for Form W-2, Wage and Tax Statement, and Form W-3, Transmittal of Wage and Tax Statements, for wages paid during the 2021 calendar year. .02 For purposes of this revenue procedure, substitute Form W-2 (Copy A) and substitute Form W-3 are forms that are not printed by the IRS. Copy A or any other copies of a substitute Form W-2 or a substitute Form W-3 must conform to the specifications in this revenue procedure to be acceptable to the IRS and the SSA. No IRS office is authorized to allow deviations from this revenue procedure. Preparers should also refer to the 2021 General Instructions for Forms W-2 and W-3 for details on how to complete these forms. See Section 3.4 for information on obtaining the official IRS forms and instructions. See Sections 2.3 and 2.4 for requirements for the copies of substitute forms furnished to employees and for electronic delivery of employee copies. .03 For purposes of this revenue procedure, the official IRS-printed red dropout ink Forms W-2 (Copy A) and Form W-3, and their exact substitutes, are referred to as “red-ink.” The SSA-approved black-and-white Forms W-2 (Copy A) and Form W-3 are referred to as “substitute black-and-white Forms W-2 (Copy A)” and “substitute black-and-white Form W-3.” Any questions about the red-ink Form W-2 (Copy A) and Form W-3 and the substitute employee statements should be emailed to Substituteforms@irs.gov. Please enter “Substitute Forms” on the subject line. Or send your questions to: Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:P:TP 1111 Constitution Ave. NW Room 6554 Washington, DC 20224 Any questions about the black-and-white Form W-2 (Copy A) and Form W-3 should be emailed to firstname.lastname@example.org or sent to: Social Security Administration Direct Operations Center Attn: Substitute Black-and-White Copy A Forms, Room 341 1150 E. Mountain Drive Wilkes-Barre, PA 18702-7997 Note. You should receive a response from either the IRS or the SSA within 30 days. .04 Some Forms W-2 that include logos, slogans, and advertisements (including advertisements for tax preparation software) may be considered as suspicious or altered Forms W-2 (also known as “questionable Forms W-2”). An employee may not recognize the importance of the employee copy for tax reporting purposes due to the use of logos, slogans, and advertisements. Thus, the IRS has determined that logos, slogans, and advertising will not be allowed on Copy A of Forms W-2, Forms W-3, or any employee copies reporting wages, with the following exceptions for the employee copies. Forms may include the exact name of the employer or agent, primary trade name, trademark, service mark, or symbol of the employer or agent. Forms may include an embossment or watermark on the information return (and copies) that is a representation of the name, a primary trade name, trademark, service mark, or symbol of the employer or agent. Presentation may be in any typeface, font, stylized fashion, or print color normally used by the employer or agent, and used in a nonintrusive manner. These items must not materially interfere with the ability of the recipient to recognize, understand, and use the tax information on the employee copies. The IRS e-file logo on the IRS official employee copies may be included, but it is not required, on any of the substitute form copies. The information return and employee copies must clearly identify the employer’s name associated with its employer identification number. Logos and slogans may be used on permissible enclosures, such as a check or account statement, but not on information returns and employee copies. Forms W-2 and W-3 are subject to annual review and possible change. This revenue procedure may be revised to state other requirements of the IRS and the SSA regarding the preparation and use of substitute forms for Form W-2 and Form W-3 for wages paid during the 2021 calendar year at a future date. If you have comments about the restrictions on including logos, slogans, and advertising on information returns and employee copies, send or email your comments to: Internal Revenue Service, Attn: Substitute Forms Program, SE:W:CAR:MP:P:TP, 1111 Constitution Ave. NW, Room 6554, Washington, DC 20224, or Substituteforms@irs.gov. .05 The Internal Revenue Service/Information Returns Branch (IRS/IRB) maintains a centralized customer service call site to answer questions related to information returns (Forms W-2, W-3, W-2c, W-3c, 1099 series, 1096, etc.). You can reach the call site at 866-455-7438 (toll free) or 304-263-8700 (not a toll-free number). Persons with a hearing or speech disability with access to Telecommunication Device for the Deaf (TDD) can call 304-579-4827 (not a toll-free number). You may also email questions to email@example.com. Do not submit employee information via email because it is not secure and the information may be compromised. File paper or electronic Forms W-2 (Copy A) with the SSA. IRS/IRB does not process Forms W-2 (Copy A). However, IRS/IRB does process Form 8508, Request for Waiver From Filing Information Returns Electronically, and Form 8809, Application for Extension of Time To File Information Returns, for Forms W-2 (Copy A) and requests for an extension of time to furnish the employee copies of Form W-2. See Publication 1220, Specifications for Electronic Filing of Forms 1097, 1098, 1099, 3921, 3922, 5498, and W-2G, for information on waivers and extensions of time. .06 The following form instructions and publications provide more detailed filing procedures for certain information returns. General Instructions for Forms W-2 and W-3 (Including Forms W-2AS, W-2CM, W-2GU, W-2VI, W-3SS, W-2c, and W-3c). Publication 1223, General Rules and Specifications for Substitute Forms W-2c and W-3c. Section 1.2 – What’s New .01 Box 14 or separate statement reporting of coronavirus (COVID-19) related sick and family leave wages. Employers must report the amount of qualified sick leave wages and qualified family leave wages paid to employees under the Families First Coronavirus Response Act, as amended by the American Rescue Plan Act, on either 2021 Forms W-2, Box 14, or on a separate statement. See Notice 2021-53 available at www.irs.gov/irb/2021-39_IRB#NOT-2021-53, for more information on how to report these amounts. .02 Editorial changes. We made editorial changes. Redundancies were eliminated as much as possible. Section 1.3 – General Rules for Paper Forms W-2 and W-3 .01 Employers not filing electronically must file paper Forms W-2 (Copy A) along with Form W-3 with the SSA by using either the official IRS form or a substitute form that exactly meets the specifications shown in Parts 2 and 3 of this revenue procedure. Note. Substitute territorial forms (W-2AS, W-2GU, W-2VI, W-3SS) must also conform to the specifications as outlined in this revenue procedure. These forms require the form designation (“W-2AS,” “W-2GU,” “W-2VI”) on Form W-2 (Copy A) to be in black ink. If you are an employer in the Commonwealth of the Northern Mariana Islands, you must contact Department of Finance, Division of Revenue and Taxation, Commonwealth of the Northern Mariana Islands, P.O. Box 5234 CHRB, Saipan, MP 96950 or www.finance.gov.mp/forms.php to get Form W-2CM and instructions for completing and filing the form. For information on Forms 499R-2/W-2PR, go to www.hacienda.gobierno.pr. Employers may design their own statements to furnish to employees. Employee statements designed by employers must comply with the requirements shown in Parts 2 and 3. .02 Red-ink substitute forms that completely conform to the specifications contained in this revenue procedure may be privately printed without prior approval from the IRS or the SSA. Only the substitute black-and-white Forms W-2 (Copy A) and Form W-3 need to be submitted to the SSA for approval, prior to their use (see Section 2.2). .03 As in the past, SSA-approved black-and-white Forms W-2 (Copy A) and Form W-3 may be generated using a printer by following all guidelines and specifications (also, see Section 2.2). In general, regardless of the method of entering data, use black ink on Forms W-2 (Copy A) and Form W-3, which provides better readability for processing by scanning equipment. Colors other than black are not easily read by the scanner and may result in delays or errors in the processing of Forms W-2 (Copy A) and Form W-3. The printing of the data should be centered within the boxes. The size of the variable data must be printed in a font no smaller than 10-point. Note. With the exception of the identifying number, the year, the form number for Form W-3, and the corner register marks, the preprinted form layout for the red-ink Forms W-2 (Copy A) and Form W-3 must be in Flint J-6983 red OCR dropout ink or an exact match. .04 Substitute forms filed with the SSA and substitute copies furnished to employees that do not conform to these specifications are unacceptable. Penalties may be assessed for not complying with the form specifications. Forms W-2 (Copy A) and Form W-3 filed with the SSA that do not conform may be returned. .05 Substitute red-ink forms should not be submitted to either the IRS or the SSA for specific approval. If you are uncertain of any specification and want clarification, do the following. Submit a letter or email to the appropriate address in Section 1.1 citing the specification. State your understanding of the specification. Enclose an example (if appropriate) of how the form would appear if produced using your understanding. Do not use actual employee information in the example. Be sure to include your name, complete address, and phone number with your correspondence. If you want the IRS to contact you via email, also provide your email address. .06 Any questions about the specifications, especially those for the red-ink Form W-2 (Copy A) and Form W-3, should be emailed to Substituteforms@irs.gov. Please enter “Substitute Forms” on the subject line. Or send your questions to: Internal Revenue Service Attn: Substitute Forms Program SE:W:CAR:MP:P:TP 1111 Constitution Ave. NW Room 6554 Washington, DC 20224 Any questions about the substitute black-and-white Form W-2 (Copy A) and Form W-3 should be emailed to firstname.lastname@example.org or sent to: Social Security Administration Direct Operations Center Attn: Substitute Black-and-White Copy A Forms, Room 341 1150 E. Mountain Drive Wilkes-Barre, PA 18702-7997 Note. You should receive a response within 30 days from either the IRS or the SSA. .07 Forms W-2 and W-3 are subject to annual review and possible change. Therefore, employers are cautioned against overstocking supplies of privately printed substitutes. .08 Separate instructions for Forms W-2 and W-3 are provided in the 2021 General Instructions for Forms W-2 and W-3. Form W-3 should be used only to transmit paper Forms W-2 (Copy A). Form W-3 is a single sheet including only essential filing information. Be sure to make a copy of your completed Form W-3 for your records. You can order current year official IRS Forms W-2, W-2AS, W-2GU, W-2VI, W-3, and W-3SS, and the 2021 General Instructions for Forms W-2 and W-3, online at www.irs.gov/OrderForms. The IRS provides only cut sheet sets of Forms W-2 and cut sheets of Form W-3. .09 Because substitute Forms W-2 (Copy A) and Form W-3 are machine-imaged and scanned by the SSA, the forms must meet the same specifications as the official IRS Forms W-2 and Form W-3 (as shown in the exhibits). Section 1.4 – General Rules for Filing Forms W-2 (Copy A) Electronically .01 As of the date of publication of this revenue procedure, employers must file Forms W-2 (Copy A) with the SSA electronically if they are required to file 250 or more for a calendar year unless the IRS grants a waiver. However, see the Caution under E-filing in the 2021 General Instructions for Forms W-2 and W-3 for any changes in this requirement. The SSA publication EFW2, Specifications for Filing Forms W-2 Electronically, contains specifications and procedures for electronic filing of Form W-2 information with the SSA. Employers are cautioned to obtain the most recent revision of EFW2 (and supplements) in case there are any subsequent changes in specifications and procedures. .02 You may obtain a copy of the EFW2 by: Accessing the SSA website at www.ssa.gov/employer/EFW2&EFW2C.htm. .03 Electronic filers do not file a paper Form W-3. See the SSA publication EFW2 for guidance on transmitting Form W-2 (Copy A) information to the SSA electronically. .04 Employers are encouraged to electronically file Forms W-2 (Copy A) with the SSA. Doing so will enhance the timeliness and accuracy of forms processing. You may visit the SSA’s employer website at www.ssa.gov/employer. This helpful site has links to Business Services Online (BSO) and tutorials on registering and using BSO to file your Forms W-2. .05 Employers who do not comply with the electronic filing requirements for Form W-2 (Copy A) and who are not granted a waiver by the IRS may be subject to penalties. Employers who file Form W-2 information with the SSA electronically must not send the same data to the SSA on paper Forms W-2 (Copy A). Any duplicate reporting may subject filers to unnecessary contacts by the SSA or the IRS. Part 2 Specifications for Substitute Forms W-2 and W-3 Section 2.1 – Specifications for Red-Ink Substitute Form W-2 (Copy A) and Form W-3 Filed With the SSA .01 The official IRS-printed red dropout ink Form W-2 (Copy A) and Form W-3 and their exact substitutes are referred to as red-ink in this revenue procedure. Employers may file substitute Forms W-2 (Copy A) and Form W-3 with the SSA. The substitute forms must be exact replicas of the official IRS forms with respect to layout and content because they will be read by scanner equipment. Note. Even the slightest deviation can result in incorrect scanning and may affect money amounts reported for employees. .02 Paper used for cut sheets and continuous-pinfed forms for substitute Form W-2 (Copy A) and Form W-3 that are to be filed with the SSA must be white 100% bleached chemical wood, 18–20 pound paper only, optical character recognition (OCR) bond produced in accordance with the following specifications. • Acidity: Ph value, average, not less than . . . . . . . . . . . . . . . . . . . 4.5 • Basis weight: 17 x 22 inch 500 cut sheets, pound . . . . . . . . . . . . . . . 18–20 • Metric equivalent—gm./sq. meter (a tolerance of +5 pct. is allowed) . . . . . . . . . . . . . . . . . . . . . . 68–75 • Stiffness: Average, each direction, not less than—milligrams Cross direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 Machine direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80 • Tearing strength: Average, each direction, not less than—grams . . . . . . . 40 • Opacity: Average, not less than—percent . . . . . . . . . . . . . . . . . . . 82 • Reflectivity: Average, not less than—percent . . . . . . . . . . . . . . . . . 68 • Thickness: Average—inch . . . . . . . . . . . . . . . . . . . . . . . . . . 0.0038 Metric equivalent—mm . . . . . . . . . . . . . . . . . . . . . . . . . . . 0.097 (a tolerance of +0.0005 inch (0.0127 mm) is allowed). Paper cannot vary more than 0.0004 inch (0.0102 mm) from one edge to the other. • Porosity: Average, not less than—seconds . . . . . . . . . . . . . . . . . . 10 • Finish (smoothness): Average, each side—seconds . . . . . . . . . . . . . . 20–55 (for information only) the Sheffield equivalent—units . . . . . . . . . . . . 170-d200 • Dirt: Average, each side, not to exceed—parts per million . . . . . . . . . . 8 Note. Reclaimed fiber in any percentage is permitted, provided the requirements of this standard are met. .03 All printing of red-ink substitute Forms W-2 (Copy A) and Form W-3 must be in Flint red OCR dropout ink except as specified below. The following must be printed in nonreflective black ink. Identifying number “22222” for Forms W-2 (Copy A) and “33333” for Form W-3 at the top of the forms. Tax year at the bottom of the forms. The four (4) corner register marks on the forms. The form identification number (“W-3”) at the bottom of Form W-3. All the instructions below Form W-3 beginning with “Send this entire page.... ” line to the bottom of Form W-3. .04 The vertical and horizontal spacing for all federal payment and data boxes on Forms W-2 and W-3 must meet specifications. On Form W-3 and Form W-2 (Copy A), all the perimeter rules must be 1-point (0.014-inch), while all other rules must be one-half point (0.007-inch). Vertical rules must be parallel to the left edge of the form; horizontal rules parallel to the top edge. .05 The official red-ink Form W-3 and Form W-2 (Copy A) are 7.50 inches wide. Employers filing Forms W-2 (Copy A) with the SSA on paper must also file a Form W-3. Form W-3 must be the same width (7.50 inches) as the Form W-2. One Form W-3 is printed on a standard size, 8.5 x 11-inch page. Two official Forms W-2 (Copy A) are contained on a single 8.5 x 11-inch page (exclusive of any snap-stubs). .06 The top, left, and right margins for the Form W-2 (Copy A) and Form W-3 are 0.50 inches (1/2 inch). All margins must be free of printing except for the words “DO NOT STAPLE” on red-ink Form W-3. The space between the two Forms W-2 (Copy A) is 1.33 inches. .07 The identifying numbers are “22222” for Form W-2 (Copies A (and 1)) and “33333” for Form W-3. No printing should appear anywhere near the identifying numbers. Note. The identifying number must be printed in nonreflective black ink in OCR-A font of 10 characters per inch. .08 The depth of the individual scannable image on a page must be the same as that on the official IRS forms. The depth from the top line to the bottom line of an individual Form W-2 (Copy A) must be 4.17 inches and the depth from the top line to the bottom line of Form W-3 must be 4.67 inches. .09 Continuous-pinfed Forms W-2 (Copy A) must be separated into 11-inch deep pages. The pinfed strips must be removed when Forms W-2 (Copy A) are filed with the SSA. The two Forms W-2 (Copy A) on the 11-inch page must not be separated (only the pages are to be separated (burst)). The words “Do Not Cut, Fold, or Staple Forms on This Page” must be printed twice between the two Forms W-2 (Copy A) in Flint red OCR dropout ink. All other copies (Copies 1, B, C, 2, and D) must be able to be distinguished and separated into individual forms. .10 Box 12 of Form W-2 (Copy A) contains four entry boxes – 12a, 12b, 12c, and 12d. Do not make more than one entry per box. Enter your first code in box 12a (for example, enter Code D in box 12a, not 12d, if it is your first entry). If more than four items need to be reported in box 12, use a second Form W-2 to report the additional items (see “Multiple forms” in the 2021 General Instructions for Forms W-2 and W-3). Do not report the same federal tax data to the SSA on more than one Form W-2 (Copy A). However, repeat the identifying information (employee’s name, address, and SSN; employer’s name, address, and EIN) on each additional form. .11 The checkboxes in box 13 of Form W-2 (Copy A) and in box b of Form W-3 must be 0.14 inches each. The space before the first checkbox is 0.24 inches; the space between the first and second checkbox and between the second and third checkbox must be 0.36 inches; the space between the third checkbox to the right border of box 13 should be 0.32 inches (see Exhibit A). Note. More than 50% of an applicable checkbox must be covered by an “X.” .12 All substitute Forms W-2 (Copy A) and Form W-3 in the red-ink format must have the tax year, form number, and form title printed on the bottom face of each form using type identical to that of the official IRS form. The red-ink substitute Form W-2 (Copy A) and Form W-3 must have the form producer’s EIN entered directly to the left of “Department of the Treasury,” in red. .13 The words “For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.” must be printed in Flint red OCR dropout ink in the same location as on the official Form W-2 (Copy A). The words “For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.” must be printed at the bottom of the page of Form W-3 in black ink. .14 The Office of Management and Budget (OMB) Number must be printed on substitute Forms W-3 and W-2 (on each ply) in the same location as on the official IRS forms. .15 All substitute Forms W-3 must include the instructions that are printed on the same sheet below the official IRS form. .16 The back of substitute Form W-2 (Copy A) and Form W-3 must be free of all printing. .17 All copies must be clearly legible. Fading must be minimized to assure legibility. .18 Chemical transfer paper is permitted for Form W-2 (Copy A) only if the following standards are met. Only chemically backed paper is acceptable for Form W-2 (Copy A). Front and back chemically treated paper cannot be processed properly by scanning equipment. Chemically transferred images must be black. Carbon-coated forms are not permitted. .19 The Government Printing Office (GPO) symbol and the Catalog Number (Cat. No.) must be deleted from substitute Form W-2 (Copy A) and Form W-3. Section 2.2 – Specifications for Substitute Black-and-White Form W-2 (Copy A) and Form W-3 Filed With the SSA .01 Specifications for the SSA-approved substitute black-and-white Forms W-2 (Copy A) and Form W-3 are similar to the red-ink forms (Section 2.1) except for the items that follow (see Exhibits D and E). Exhibits are samples only and must not be downloaded to meet tax obligations. Forms must be printed on 8.5 x 11-inch single-sheet paper only. There must be two Forms W-2 (Copy A) printed on a page. There must be no horizontal perforations between the two Forms W-2 (Copy A) on each page. All forms and data must be printed in nonreflective black ink only. The data and forms must be programmed to print simultaneously. Forms cannot be produced separately from wage data entries. The forms must not contain corner register marks. The forms must not contain any shaded areas, including those boxes that are entirely shaded on the red-ink forms. Identifying numbers on both Form W-2 (Copy A) (“22222”) and Form W-3 (“33333”) must be preprinted in 14-point Arial bold font or a close approximation. The form numbers (“W-2” and “W-3”) must be in 18-point Arial font or a close approximation. The tax year (for example, “2021”) on Forms W-2 (Copy A) and Form W-3 must be in 20-point Arial bold font or a close approximation. No part of the box titles or the data printed on the forms may touch any of the vertical or horizontal lines, nor should any of the data intermingle with the box titles. The data should be centered in the boxes. Do not print any information in the margins of the substitute black-and-white Forms W-2 (Copy A) and Form W-3 (for example, do not print “DO NOT STAPLE” in the top margin of Form W-3). The word “Code” must not appear in box 12 on Form W-2 (Copy A). A 4-digit vendor code preceded by four zeros and a slash (for example, 0000/9876) must appear in 12-point Arial font, or a close approximation, under the tax year in place of the Cat. No. on Form W-2 (Copy A) and in the bottom right corner of the “For Official Use Only” box at the bottom of Form W-3. Do not display the form producer’s EIN to the left of “Department of the Treasury.” The vendor code will be used to identify the form producer. Do not print Catalog Numbers (Cat. No.) on either Form W-2 (Copy A) or Form W-3. Do not print the checkboxes in: Box 13 of Form W-2 (Copy A). The “X” should be programmed to be printed and centered directly below the applicable box title. Do not print dollar signs. If there are no money amounts being reported, the entire field should be left blank. The space between the two Forms W-2 (Copy A) is 1.33 inches. .02 You must submit samples of your substitute black-and-white Forms W-2 (Copy A) and Form W-3 to the SSA. Only black-and-white substitute Forms W-2 (Copy A) and Form W-3 for tax year 2021 will be accepted for approval by the SSA. Questions regarding other red-ink forms (that is, red-ink Forms W-2c, W-3c, 1099 series, 1096, etc.) must be directed to the IRS only. .03 You will be required to send one set of blank and one set of dummy-data substitute black-and-white Forms W-2 (Copy A) and Forms W-3 for approval. Sample data entries should be filled in to the maximum length for each box entry, preferably using numeric data or alpha data, depending upon the type required to be entered. The “VOID” checkbox must be electronically checked on the dummy-data substitute black-and-white Form W-2 (Copy A). All “Xs” must show in box 13 centered under the applicable checkbox titles on the dummy-data substitute black-and-white Form W-2 (Copy A). All checkboxes on the dummy-data substitute black-and-white Form W-3 must be electronically checked in box b (Kind of Payer, Kind of Employer, and Third-Party sick pay). Include in your submission the name, telephone number, fax number, and email address of a contact person who can answer questions regarding your sample forms. .04 To receive approval, you may first contact the SSA via email at email@example.com to obtain a template and further instructions. Send your 2021 sample substitute black-and-white Forms W-2 (Copy A) and Forms W-3 to: Social Security Administration Direct Operations Center Attn: Substitute Black-and-White Copy A Forms, Room 341 1150 E. Mountain Drive Wilkes-Barre, PA 18702-7997 Send your sample forms via private mail carrier or certified mail in order to verify their receipt. You can expect approval (or disapproval) by the SSA within 30 days of receipt of your sample forms. .05 Vendor codes from the National Association of Computerized Tax Processors (NACTP) are required by those companies producing the W-2 family of forms as part of a product for resale to be used by multiple employers and payroll professionals. Employers developing Forms W-2 or W-3 to be used only for their individual company require a vendor code issued by the Social Security Administration. .06 The 4-digit vendor code preceded by four zeros and a slash (0000/9876) must be preprinted on the sample substitute black-and-white Forms W-2 (Copy A) and Forms W-3. Forms not containing a vendor code will be rejected and will not be submitted for testing or approval. If you have a valid vendor code provided to you through the NACTP, you should use that code. If you do not have a valid vendor code, contact the Social Security Administration via email at firstname.lastname@example.org to obtain an SSA-issued code. (Additional information on vendor codes may be obtained from the SSA or the NACTP via email at email@example.com.) .07 If you use forms produced by a vendor and have questions concerning approval, do not send the forms to the SSA for approval. Instead, you may contact the software vendor to obtain a copy of SSA’s dated approval notice supplied to that vendor. .08 In response to feedback from the user community, the SSA (and the IRS) have added a 2-D barcoded version for the substitute Form W-2 and Form W-3 to the list of acceptable submission formats. This version is an optional alternative to the nonbarcoded substitute Forms W-2 and W-3. Both versions are fully supported by the SSA. At this time, neither the IRS nor the SSA mandates the use of 2-D barcoded substitute forms. Note. The data contained in the barcode must not differ from the data displayed on the form. If they differ, the data in the barcode will be ignored and the data displayed on the form will be considered the submission. This also occurs when the barcode is not read correctly. The information on the form needs to be manually keyed into the database. To get the barcode information: See the SSA’s BSO website at www.ssa.gov/bso, Request the PDF version of the specifications by emailing firstname.lastname@example.org, and Download the substitute W3/W2 2-D barcoding standards from www.ssa.gov/employer/subBarCodeStd.pdf. If you are using a form produced by another vendor that contains a 2-D barcode, you must submit the form for approval using your own NACTP code. Prior to sending your first submission for approval, contact the SSA via email at email@example.com to register your NACTP code and explain what forms you want to submit. Section 2.3 – Requirements for Substitute Forms Furnished to Employees (Copies B, C, and 2 of Form W-2) Note. Rules in Section 2.3 apply only to employee copies of Form W-2 (Copies B, C, and 2). Printers are cautioned that the paper filers who send Forms W-2 (Copy A) to the SSA must follow the requirements in Sections 2.1 and/or 2.2 above. .01 All employers (including those who file electronically) must furnish employees with at least two copies of Form W-2 (three or more for employees required to file a state, city, or local income tax return). The following rules are guidelines for preparing employee copies. The dimensions of these copies (Copies B, C, and 2), but not Copy A, may differ from the dimensions of the official IRS form to allow space for reporting additional information, including additional entries such as withholding for health insurance, union dues, bonds, or charity in box 14. The limitation of a maximum of four items in box 12 of Form W-2 applies only to Copy A, which is filed with the SSA. Note. Employee copies (Copies B, C, and 2 of Form W-2) may be furnished electronically if employees give their consent (as described in Treasury Regulations Section 31.6051-1(j)). See also Publication 15-A, Employer’s Supplemental Tax Guide. .02 The minimum dimensions for employee copies only (not Copy A) of Form W-2 should be 2.67 inches deep by 4.25 inches wide. The maximum dimensions should be no more than 6.50 inches deep by no more than 8.50 inches wide. Note. The maximum and minimum size specifications in this document are for tax year 2021 only and may change in future years. .03 Either horizontal or vertical format is permitted (see Exhibit F). .04 The paper for all copies must be white and printed in black ink. The substitute Copy B, which employees are instructed to attach to their federal income tax returns, should be at least 9-pound paper (basis 17 x 22-500). Other copies furnished to employees should also be at least 9-pound paper (basis 17 x 22-500) unless a state, city, or local government provides other specifications. .05 Employee copies of Form W-2 (Copies B, C, and 2), including those that are printed on a single sheet of paper, must be easily separated. The best method of separation is to provide perforations between the individual copies. Whatever method of separation is used, each copy should be easily distinguished. Note. Perforation does not apply to printouts of copies of Forms W-2 that are furnished electronically to employees (as described in Treasury Regulations Section 31.6051-1(j)). However, these employees should be cautioned to carefully separate the copies of Form W-2. See Publication 15-A for information on electronically furnishing Forms W-2 to employees. .06 Interleaved carbon and chemical transfer paper employee copies must be clearly legible. Fading must be minimized to assure legibility. .07 The electronic tax logo on the IRS official employee copies is not required on any of the substitute form copies. To avoid confusion and questions by employees, employers are encouraged to delete the identifying number (“22222”) from the employee copies of Form W-2. .08 All substitute employee copies must contain boxes, box numbers, and box titles that match the official IRS Form W-2. Boxes that do not apply can be deleted. However, certain core boxes must be included. The placement, numbering, and size of this information is specified as follows. The core boxes must be printed in the exact order shown on the official IRS form. The items and box numbers that constitute the core data are: Box 1 — Wages, tips, other compensation Box 2 — Federal income tax withheld Box 3 — Social security wages Box 4 — Social security tax withheld Box 5 — Medicare wages and tips Box 6 — Medicare tax withheld The core data boxes (1 through 6) must be placed in the upper right of the form. Substitute vertical-format copies may have the core data across the top of the form. Boxes or other information will definitely not be permitted to the right of the core data. The form title, number, or copy designation (B, C, or 2) may be at the top of the form. Also, a reversed or blocked-out area to accommodate a postal permit number or other postal considerations is allowed in the upper right. Boxes 1 through 6 must each be a minimum of 1⅛ inches wide x ¼ inch deep. Other required boxes are: a) Employee’s social security number b) Employer identification number (EIN) c) Employer’s name, address, and ZIP code e) Employee’s name f) Employee’s address and ZIP code Identifying items must be present on the form and be in boxes similar to those on the official IRS form. However, they may be placed in any location other than the top or upper right. You do not need to use the lettering system (a–c, e– f) used on the official IRS form. The employer identification number (EIN) may be included with the employer’s name and address and not in a separate box. Note. Box d (“Control number”) is not required. .09 All copies of Form W-2 furnished to employees must clearly show the form number, the form title, and the tax year prominently displayed together in one area of the form. The title of Form W-2 is “Wage and Tax Statement.” It is recommended (but not required) that this be located on the bottom left of substitute Forms W-2. The reference to the “Department of the Treasury — Internal Revenue Service” must be on all copies of substitute Forms W-2 furnished to employees. It is recommended (but not required) that this be located on the bottom right of Form W-2. .10 If the substitute employee copies are labeled, the forms must contain the applicable description. “Copy B, To Be Filed With Employee’s FEDERAL Tax Return.” “Copy C, For EMPLOYEE’S RECORDS.” “Copy 2, To Be Filed With Employee’s State, City, or Local Income Tax Return.” It is recommended (but not required) that these be located on the lower left of Form W-2. If the substitute employee copies are not labeled as to the disposition of the copies, then written notification using similar wording must be provided to each employee. .11 The tax year (for example, 2021) must be clearly printed on all copies of substitute Form W-2. It is recommended (but not required) that this information be in the middle at the bottom of the Form W-2. The use of 24-pt. OCR-A font is recommended (but not required). .12 Boxes 1 and 2 (if applicable) on Copy B must be outlined in bold 2-point rule or highlighted in some manner to distinguish them. If “Allocated tips” are being reported, it is recommended (but not required) that box 8 also be outlined. If reported, “Social security tips” (box 7) must be shown separately from “Social security wages” (box 3). Note. Boxes 8 and 9 may be omitted if not applicable. .13 If employers are required to withhold and report state or local income tax, the applicable boxes are also considered core information and must be placed at the bottom of the form. State information is included in: Box 15 (State, Employer’s state ID number) Box 16 (State wages, tips, etc.) Box 17 (State income tax) Local information is included in: Box 18 (Local wages, tips, etc.) Box 19 (Local income tax) Box 20 (Locality name) .14 Boxes 7 through 14 may be omitted from substitute employee copies unless the employer must report any of that information to the employee. For example, if an employee did not have “Social security tips” (box 7), the form could be printed without that box. But, if an employer provided dependent care benefits, the amount must be reported separately, shown in box 10, and labeled “Dependent care benefits.” .15 Employers may enter more than four codes in box 12 of substitute Copies B, C, and 2 (and 1 and D) of Form W-2, but each entry must use Codes A–HH (see the 2021 General Instructions for Forms W-2 and W-3). .16 If an employer has employees in any of the three categories in box 13, all checkbox headings must be shown and the proper checkmark made, when applicable. .17 Employers may use box 14 for any other information that they wish to give to their employees. Each item must be labeled. (See the instructions for box 14 in the 2021 General Instructions for Forms W-2 and W-3.) .18 The front of Copy C of a substitute Form W-2 must contain the note “This information is being furnished to the Internal Revenue Service. If you are required to file a tax return, a negligence penalty or other sanction may be imposed on you if this income is taxable and you fail to report it.” .19 Instructions similar to those contained on the back of Copies B, C, and 2 of the official IRS Form W-2 must be provided to each employee. An employer may modify or delete instructions that do not apply to its employees. (For example, remove Railroad Retirement Tier 1 and Tier 2 compensation information for nonrailroad employees or information about dependent care benefits that the employer does not provide.) .20 Employers must notify their employees who have no income tax withheld that they may be able to claim a tax refund because of the earned income credit (EIC). They will meet this notification requirement if they furnish a substitute Form W-2 with the EIC notice on the back of Copy B, IRS Notice 797, Possible Federal Tax Refund Due to the Earned Income Credit (EIC), or on their own statement containing the same wording. They may also change the font on Copies B, C, and 2 so that the EIC notification and Form W-2 instructions fit differently. For more information about notification requirements, see Notice 1015, “Have You Told Your Employees About the Earned Income Credit (EIC)?” Note. An employer does not have to notify any employee who claimed exemption from withholding on Form W-4, Employee’s Withholding Certificate, for the calendar year. Section 2.4 – Electronic Delivery of Form W-2 and W-2c Recipient Statements .01 If you are required to furnish a Form W-2 or W-2c written statement (Copy B or an acceptable substitute) to a recipient, you may furnish the statement electronically instead of on paper. If you meet the requirements listed below, you are treated as furnishing the statement timely. .02 The recipient must consent in the affirmative and not have withdrawn the consent before the statement is furnished. The consent by the recipient must be made electronically in a way that shows that he or she can access the statement in the electronic format in which it will be furnished. You must notify the recipient of any hardware or software changes prior to furnishing the statement. A new consent to receive the statement electronically is required after any new hardware or software is put into service. To furnish Forms W-2 electronically, you must meet the following disclosure requirements as described in Treasury Regulations Section 31.6051-1(j) and Publication 15-A and provide a clear and conspicuous statement of each requirement to your employees. The employee must be informed that he or she will receive a paper Form W-2 if consent isn’t given to receive it electronically. The employee must be informed of the scope and duration of the consent. The employee must be informed of any procedure for obtaining a paper copy of his or her Form W-2 and whether or not the request for a paper statement is treated as a withdrawal of his or her consent to receiving his or her Form W-2 electronically. The employee must be notified about how to withdraw a consent and the effective date and manner by which the employer will confirm the withdrawn consent. The employee must also be notified that the withdrawn consent doesn’t apply to the previously issued Forms W-2. The employee must be informed about any conditions under which electronic Forms W-2 will no longer be furnished (for example, termination of employment). The employee must be informed of any procedures for updating his or her contact information that enables the employer to provide electronic Forms W-2. The employer must notify the employee of any changes to the employer’s contact information. .03 Additionally, you must: Ensure the electronic format complies with the guidelines in this document and contains all the required information described in the 2021 General Instructions for Forms W-2 and W-3. If posting the statement on a website, post it for the recipient to access on or before the January 31 due date through October 15 of that year. Inform the recipient in person, electronically, or by mail, of the posting and how to access and print the statement. Part 3 Additional Instructions Section 3.1 – Additional Instructions for Form Printers .01 If paper copies are used for filing with the SSA, the substitute copies of Forms W-2 (either red-ink or substitute black-and-white forms) must be assembled in the same order as the official IRS Forms W-2. Copy A must be first, followed sequentially by perforated sets (Copies 1, B, C, 2, and D). .02 The substitute form to be filed by the employer with the SSA must carry the designation “Copy A.” Note. Electronic filers do not submit either red-ink or substitute black-and-white paper Form W-2 (Copy A) or Form W-3 to the SSA. .03 Employers must retain a copy of Forms W-2 and W-3 (or be able to reconstruct the information) for at least 4 years. Employers must also be able to generate Forms W-2 (Copy A) that meet the requirements of this revenue procedure in case of loss. .04 Except for copies in the official assembly, described in Section 3.1.01 above, no additional copies that may be prepared by employers should be placed ahead of Form W-2 (Copy C) “For EMPLOYEE’S RECORDS.” .05 You must provide instructions similar to those contained on the back of Copies B, C, and 2 of the official IRS Form W-2 to each employee. You may print them on the back of the substitute Copies B, C, and 2 or provide them to employees on a separate statement. You do not need to use the back of Copy 2. If you do not use Copy 2, you may include all the information that appears on the back of the official Copies B, C, and 2 on the back of your substitute Copies B and C only. As an example, you may use the “Note” on the back of the official Copy C as the dividing point between the text for your substitute Copies B and C. Do not print these instructions on the back of Copy 1. Any Forms W-2 (Copy A) and Form W-3 that are filed with the SSA must have no printing on the reverse side. Section 3.2 – Instructions for Employers .01 Only originals of Form W-2 (Copy A) and Form W-3 may be filed with the SSA. Carbon copies and photocopies are unacceptable. .02 Employers should type or machine-print data entries on plain paper forms whenever possible. Ensure good quality by using a high-quality typeface, inserting data in the middle of blocks that are well separated from other printing and guidelines, and taking any other measures that will guarantee clear, sharp images. Black ink must be used with no script type, inverted font, italics, or dual-case alpha characters. Note. 12-point Courier font is preferred by the SSA. .03 Form W-2 (Copy A) requires decimal entries for wage data. Do not print dollar signs with money amounts on Forms W-2 (Copy A) and Form W-3. .04 The employer must provide a machine-scannable Form W-2 (Copy A). The employer must also provide employee copies (Copies B, C, and 2) that are legible and able to be photocopied (by the employee). Do not print any data in the top margin of the payee copies of the forms. Note. Do not print Forms W-2 (Copy A) on double-sided paper. .05 Any printing in box d (Control number) on Form W-2 or box a (Control number) on Form W-3 may not touch any vertical or horizontal lines and should be centered in the box. .06 The filer’s employer identification number (EIN) must be entered in box b of Form W-2 and box e of Form W-3. The EIN entered on Form(s) W-2 (box b) and Form W-3 (box e) must be the same as on Forms 941, 941-SS, 943, 944, CT-1, Schedule H (Form 1040), or any other corresponding forms filed with the IRS. Be sure to use EIN format (00-0000000) rather than SSN format (000-00-0000). .07 The employer’s name, address, and EIN may be preprinted. Section 3.3 – OMB Requirements for Both Red-Ink and Black-and-White Substitute Forms W-2 and W-3 .01 The Paperwork Reduction Act (the Act) of 1995 (Public Law 104-13) requires the following. The Office of Management and Budget (OMB) approves all IRS tax forms that are subject to the Act. Each IRS form contains (in or near the upper right corner) the OMB approval number, if assigned. (The official OMB numbers may be found on the official IRS printed forms and are also shown on the forms in the Exhibits in Section 3.6.) Each IRS form (or its instructions) states: 1. Why the IRS needs the information, 2. How it will be used, and 3. Whether or not the information is required to be furnished to the IRS. .02 This information must be provided to any users of official or substitute IRS forms or instructions. .03 The OMB requirements for substitute IRS Form W-2 and Form W-3 are the following. Any substitute form or substitute statement to a recipient must show the OMB number as it appears on the official IRS form. The OMB number for both Form W-2 (Copy A) and Form W-3 is 1545-0008 and must appear exactly as shown on the official IRS form. For any copy of Form W-2 other than Copy A, the OMB number must use one of the following formats. 1. OMB No. 1545-0008 (preferred), or 2. OMB # 1545-0008 (acceptable). .04 Any substitute Form W-2 (Copy A only) and Form W-3 must state “For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions.” If no instructions are provided to users of your forms, you must furnish them with the exact text of the Privacy Act and Paperwork Reduction Act Notice in the 2021 General Instructions for Forms W-2 and W-3. Section 3.4 – Order Forms and Instructions .01 You can order IRS Forms W-2, Forms W-3, the General Instructions for Forms W-2 and W-3, and other tax material online at www.irs.gov/OrderForms. .02 Copies of Form W-2 (Copy A) and Form W-3 downloaded from IRS.gov cannot be used for filing with the SSA. These copies of Forms W-2 and W-3 are for information purposes only. Section 3.5 – Effect on Other Documents .01 Revenue Procedure 2020-38, I.R.B. 2020-36, dated August 31, 2020 (reprinted as Publication 1141, Revised 08-2020), is superseded. Section 3.6 – Exhibits Exhibits A through F provide the general measurements for Forms W-2 and W-3 as discussed in this revenue procedure. Certain exhibits show a 0000/ in the location designated for your vendor code. See Section 2.2.01, item 11, and Section 2.2.05 for more information. Exhibit A — Form W-2 (Copy A) (Red-Ink) 2021 Exhibit B — Form W-2 (Copy B) 2021 Exhibit C — Form W-3 (Red-Ink) 2021 Exhibit D — Form W-2 (Copy A) (Substitute Black-and-White) 2021 Exhibit E — Form W-3 (Substitute Black-and-White) 2021 Exhibit F — Form W-2 Alternative Employee Copies (Illustrating Horizontal and Vertical Formats) Definition of Terms Revenue rulings and revenue procedures (hereinafter referred to as “rulings”) that have an effect on previous rulings use the following defined terms to describe the effect: Amplified describes a situation where no change is being made in a prior published position, but the prior position is being extended to apply to a variation of the fact situation set forth therein. Thus, if an earlier ruling held that a principle applied to A, and the new ruling holds that the same principle also applies to B, the earlier ruling is amplified. (Compare with modified, below). Clarified is used in those instances where the language in a prior ruling is being made clear because the language has caused, or may cause, some confusion. It is not used where a position in a prior ruling is being changed. Distinguished describes a situation where a ruling mentions a previously published ruling and points out an essential difference between them. Modified is used where the substance of a previously published position is being changed. Thus, if a prior ruling held that a principle applied to A but not to B, and the new ruling holds that it applies to both A and B, the prior ruling is modified because it corrects a published position. (Compare with amplified and clarified, above). Obsoleted describes a previously published ruling that is not considered determinative with respect to future transactions. This term is most commonly used in a ruling that lists previously published rulings that are obsoleted because of changes in laws or regulations. A ruling may also be obsoleted because the substance has been included in regulations subsequently adopted. Revoked describes situations where the position in the previously published ruling is not correct and the correct position is being stated in a new ruling. Superseded describes a situation where the new ruling does nothing more than restate the substance and situation of a previously published ruling (or rulings). Thus, the term is used to republish under the 1986 Code and regulations the same position published under the 1939 Code and regulations. The term is also used when it is desired to republish in a single ruling a series of situations, names, etc., that were previously published over a period of time in separate rulings. If the new ruling does more than restate the substance of a prior ruling, a combination of terms is used. For example, modified and superseded describes a situation where the substance of a previously published ruling is being changed in part and is continued without change in part and it is desired to restate the valid portion of the previously published ruling in a new ruling that is self contained. In this case, the previously published ruling is first modified and then, as modified, is superseded. Supplemented is used in situations in which a list, such as a list of the names of countries, is published in a ruling and that list is expanded by adding further names in subsequent rulings. After the original ruling has been supplemented several times, a new ruling may be published that includes the list in the original ruling and the additions, and supersedes all prior rulings in the series. Suspended is used in rare situations to show that the previous published rulings will not be applied pending some future action such as the issuance of new or amended regulations, the outcome of cases in litigation, or the outcome of a Service study. Abbreviations The following abbreviations in current use and formerly used will appear in material published in the Bulletin. A—Individual. Acq.—Acquiescence. B—Individual. BE—Beneficiary. BK—Bank. B.T.A.—Board of Tax Appeals. C—Individual. C.B.—Cumulative Bulletin. CFR—Code of Federal Regulations. CI—City. COOP—Cooperative. Ct.D.—Court Decision. CY—County. D—Decedent. DC—Dummy Corporation. DE—Donee. Del. Order—Delegation Order. DISC—Domestic International Sales Corporation. DR—Donor. E—Estate. EE—Employee. E.O.—Executive Order. ER—Employer. ERISA—Employee Retirement Income Security Act. EX—Executor. F—Fiduciary. FC—Foreign Country. FICA—Federal Insurance Contributions Act. FISC—Foreign International Sales Company. FPH—Foreign Personal Holding Company. F.R.—Federal Register. FUTA—Federal Unemployment Tax Act. FX—Foreign corporation. G.C.M.—Chief Counsel’s Memorandum. GE—Grantee. GP—General Partner. GR—Grantor. IC—Insurance Company. I.R.B.—Internal Revenue Bulletin. LE—Lessee. LP—Limited Partner. LR—Lessor. M—Minor. Nonacq.—Nonacquiescence. O—Organization. P—Parent Corporation. PHC—Personal Holding Company. PO—Possession of the U.S. PR—Partner. PRS—Partnership. PTE—Prohibited Transaction Exemption. Pub. L.—Public Law. REIT—Real Estate Investment Trust. Rev. Proc.—Revenue Procedure. Rev. Rul.—Revenue Ruling. S—Subsidiary. S.P.R.—Statement of Procedural Rules. Stat.—Statutes at Large. T—Target Corporation. T.C.—Tax Court. T.D.—Treasury Decision. TFE—Transferee. TFR—Transferor. T.I.R.—Technical Information Release. TP—Taxpayer. TR—Trust. TT—Trustee. U.S.C.—United States Code. X—Corporation. Y—Corporation. Z—Corporation. Numerical Finding List1 Numerical Finding List Bulletin 2021–47 Announcements: Article Issue Link Page 2021-12 2021-31 I.R.B. 2021-31 267 2021-13 2021-33 I.R.B. 2021-33 314 2021-14 2021-33 I.R.B. 2021-33 315 AOD: Article Issue Link Page 2021-4 2021-47 I.R.B. 2021-47 725 Notices: Article Issue Link Page 2021-39 2021-27 I.R.B. 2021-27 3 2021-40 2021-28 I.R.B. 2021-28 15 2021-41 2021-29 I.R.B. 2021-29 17 2021-42 2021-29 I.R.B. 2021-29 19 2021-38 2021-30 I.R.B. 2021-30 155 2021-44 2021-31 I.R.B. 2021-31 166 2021-45 2021-31 I.R.B. 2021-31 170 2021-47 2021-32 I.R.B. 2021-32 269 2021-46 2021-33 I.R.B. 2021-33 303 2021-48 2021-33 I.R.B. 2021-33 305 2021-49 2021-34 I.R.B. 2021-34 316 2021-43 2021-35 I.R.B. 2021-35 332 2021-50 2021-35 I.R.B. 2021-35 333 2021-51 2021-36 I.R.B. 2021-36 361 2021-52 2021-38 I.R.B. 2021-38 381 2021-53 2021-39 I.R.B. 2021-39 438 2021-54 2021-41 I.R.B. 2021-41 457 2021-55 2021-41 I.R.B. 2021-41 461 2021-58 2021-43 I.R.B. 2021-43 660 2021-59 2021-43 I.R.B. 2021-43 664 2021-57 2021-44 I.R.B. 2021-44 706 2021-56 2021-45 I.R.B. 2021-45 716 2021-60 2021-45 I.R.B. 2021-45 719 2021-35 2021-46 I.R.B. 2021-46 723 2021-61 2021-47 I.R.B. 2021-47 738 Proposed Regulations: Article Issue Link Page REG-107705-21 2021-30 I.R.B. 2021-30 162 REG-102951-16 2021-32 I.R.B. 2021-32 272 REG-109077-21 2021-39 I.R.B. 2021-39 445 REG-100718-21 2021-42 I.R.B. 2021-42 653 REG-107707-21 2021-42 I.R.B. 2021-42 657 Revenue Procedures: Article Issue Link Page 2021-28 2021-27 I.R.B. 2021-27 5 2021-29 2021-27 I.R.B. 2021-27 12 2021-24 2021-29 I.R.B. 2021-29 19 2021-14 2021-30 I.R.B. 2021-30 158 2021-30 2021-31 I.R.B. 2021-31 172 2021-31 2021-33 I.R.B. 2021-33 324 2021-33 2021-34 I.R.B. 2021-34 327 Revenue Procedures:—Continued Article Issue Link Page 2021-34 2021-35 I.R.B. 2021-35 337 2021-35 2021-35 I.R.B. 2021-35 355 2021-36 2021-35 I.R.B. 2021-35 357 2021-37 2021-38 I.R.B. 2021-38 385 2021-38 2021-38 I.R.B. 2021-38 425 2021-39 2021-38 I.R.B. 2021-38 426 2021-40 2021-38 I.R.B. 2021-38 426 2021-41 2021-39 I.R.B. 2021-39 443 2021-32 2021-42 I.R.B. 2021-42 465 2021-44 2021-42 I.R.B. 2021-42 469 2021-42 2021-43 I.R.B. 2021-43 666 2021-46 2021-47 I.R.B. 2021-47 740 Revenue Rulings: Article Issue Link Page 2021-12 2021-27 I.R.B. 2021-27 1 2021-13 2021-30 I.R.B. 2021-30 152 2021-14 2021-31 I.R.B. 2021-31 164 2021-19 2021-42 I.R.B. 2021-42 470 2021-15 2021-35 I.R.B. 2021-35 331 2021-16 2021-36 I.R.B. 2021-36 359 2021-17 2021-37 I.R.B. 2021-37 362 2021-18 2021-40 I.R.B. 2021-40 447 2021-21 2021-44 I.R.B. 2021-44 704 2021-22 2021-47 I.R.B. 2021-47 726 Treasury Decisions: Article Issue Link Page 9951 2021-30 I.R.B. 2021-30 25 9952 2021-39 I.R.B. 2021-39 428 9953 2021-39 I.R.B. 2021-39 430 9956 2021-41 I.R.B. 2021-41 449 9957 2021-41 I.R.B. 2021-41 452 9955 2021-42 I.R.B. 2021-42 471 1 A cumulative list of all revenue rulings, revenue procedures, Treasury decisions, etc., published in Internal Revenue Bulletins 2021–27 through 2021–52 is in Internal Revenue Bulletin 2021–52, dated December 27, 2021. Finding List of Current Actions on Previously Published Items1 Bulletin 2021–47 How to get the Internal Revenue Bulletin INTERNAL REVENUE BULLETIN The Introduction at the beginning of this issue describes the purpose and content of this publication. The weekly Internal Revenue Bulletins are available at www.irs.gov/irb/. We Welcome Comments About the Internal Revenue Bulletin If you have comments concerning the format or production of the Internal Revenue Bulletin or suggestions for improving it, we would be pleased to hear from you. You can email us your suggestions or comments through the IRS Internet Home Page www.irs.gov) or write to the Internal Revenue Service, Publishing Division, IRB Publishing Program Desk, 1111 Constitution Ave. NW, IR-6230 Washington, DC 20224.