2007 IRS Bulletins
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Rev. Rul. 2007–61, page 799. This ruling suspends Rev. Rul. 2007–54, 2007–38 I.R.B. 604, and informs taxpayers that Treasury and the Service intend to address the issues considered in Rev. Rul. 2007–54 by regulations. Rev. Rul. 2007–54 suspended. Notice 2007–79, page 809. This notice allows Electronic Return Originators (EROs) to sign the following forms by rubber stamp, mechanical device (such as signature pen), or computer software program: Form 8453, U.S. Individual Income Tax Declaration for an IRS e-file Return; Form 8878, IRS e-file Signature Authorization for Form 4868 or Form 2350; and Form 8879, IRS e-file Signature Authorization. Announcement 2007–88, page 801. This announcement contains an official copy of the diplomatic notes exchanged between the United States and Angola providing for a reciprocal exemption from taxation for income from the international operation of ships and aircraft. It includes the United States offer and the Angola acceptance in Portuguese and an English translation of the Angolan note. EMPLOYEE PLANS REG–113891–07, page 821. Proposed regulations under section 436 of the Code provide guidance regarding benefit restrictions for certain underfunded defined benefit pension plans and regarding the use of certain funding balances maintained for defined benefit pension plans.
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INCOME TAX Rev. Rul. 2007–62, page 767. Low-income housing credit; satisfactory bond; “bond factor” amounts for the period January through December 2007. This ruling provides the monthly bond factor amounts to be used by taxpayers who dispose of qualified low-income buildings or interests therein during the period January through December 2007. Rev. Rul. 2007–63, page 778. Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate. For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for October 2007. T.D. 9354, page 759. Final regulations under section 21 of the Code conform the rules relating to the child and dependent care credit to statutory changes, including amendments under the Working Families Tax Relief Act of 2004, and address significant issues that have arisen administratively. The regulations are renumbered to conform to the renumbering of the statute. Rev. Ruls. 76–278 and 76–288 obsoleted. T.D. 9357, page 773. Final regulations under section 853 of the Code generally eliminate country-by-country reporting, by a regulated investment company (RIC) to its shareholders, of foreign source income that the RIC takes into account and foreign taxes that it pays. T.D. 9358, page 769. Final regulations under section 338 of the Code permit taxpayers to elect to modify the application of the ADSP and AGUB allocation rules of regulations section 1.338–6 as regards nuclear
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Rev. Rul. 2007–56, page 668. Interest rates; underpayments and overpayments. The rates of interest determined under section 6621 of the Code for the calendar quarter beginning October 1, 2007, will be 8 percent for overpayments (7 percent in the case of a corporation), 8 percent for underpayments, and 10 percent for large corporate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 5.5 percent. T.D. 9349, page 668. This document removes temporary regulations under section 125 of the Code relating to benefits that may be offered to participants under a cafeteria plan. Rev. Proc. 2007–60, page 679. This procedure corrects the inflation adjusted amounts set forth in Rev. Proc. 2006–53, 2006–48 I.R.B. 996, that apply to taxpayers who elect to expense certain depreciable assets under section 179 of the Code. This correction reflects statutory changes enacted subsequent to the publication of Rev. Proc. 2006–53. Rev. Proc. 2006–53 modified. EMPLOYEE PLANS REG–142695–05, page 681. Proposed regulations under section 125 of the Code provide guidance on cafeteria plans. EE–16–79, EE–130–86, REG–243025–96, and REG–117162–99 withdrawn. Rev. Ruls. 69–141, 2002–41, 2003–102, 2005–24, 2006–36,
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INCOME TAX Rev. Rul. 2007–54, page 604. Life insurance reserves. This ruling provides guidance regarding (1) the amount of life insurance reserves taken into account for a variable contract where some or all of the reserves are accounted for as part of a life insurance company’s separate account reserves and (2) what interest rate is used to calculate required interest under section 812(b)(2)(A) of the Code on life insurance reserves in situations where the amount of those reserves is the tax reserve determined under section 807(d)(2). Rev. Rul. 2007–55, page 604. Fringe benefits aircraft valuation formula. The Standard Industry Fare Level (SIFL) cents-per-mile rates and terminal charge in effect for the second half of 2007 are set forth for purposes of determining the value of noncommercial flights on employer-provided aircraft under section 1.61–21(g) of the regulations. Rev. Rul. 2007–60, page 606. Revenue rulings obsolete. This ruling obsoletes Rev. Rul. 75–425, 1975–2 C.B. 291, which provides guidance related to the effect of signing a waiver (USCIS Form I–508) under section 247(b) of the Immigration and Nationality Act (8 U.S.C. section 1257(b)) by alien individuals employed in the United States by a foreign government or international organization. Rev. Rul. 75–425 obsoleted. T.D. 9347, page 624. Final regulations under section 6655 of the Code provide guidance with respect to estimated tax payments by corporations. Rev. Ruls. 67–93, 76–450, and 78–257 obsoleted.
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INCOME TAX Rev. Rul. 2007–51, page 573. Limitations on setoff under sections 6402 and 6411. This ruling holds that the Service may credit an overpayment against unassessed internal revenue tax liabilities that have been determined in a statutory notice of deficiency sent to the taxpayer. It further holds that under section 6411(b) of the Code, the Service may credit a decrease in tax resulting from a tentative carryback adjustment against unassessed liabilities determined in a statutory notice of deficiency. Rev. Rul. 54–378 clarified. Rev. Rul. 2007–52, page 575. Definition of a liability under section 6402(a) and 6411(b). This ruling holds that the Service has the right under section 6402 of the Code to credit an overpayment against internal revenue liabilities for which no assessment has been made, or statutory notice of deficiency issued, when the liabilities are identified in a proof of claim filing in a bankruptcy case. Similarly, the ruling holds that the Service has the right under section 6411(b) to credit a decrease in tax resulting from a tentative carryback adjustment against internal revenue tax liabilities for which no assessment has been made, or statutory notice of deficiency issued, when the liabilities are identified in a proof of claim filed in a bankruptcy case. Rev. Rul. 2007–53, page 577. Revocation of Rev. Rul.; tentative allowance. The IRS has determined that Rev. Rul. 78–369 is inconsistent with the regulations under section 6411 of the Code. Rev. Rul. 78–369 revoked.
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INCOME TAX Rev. Rul. 2007–57, page 531. Federal rates; adjusted federal rates; adjusted federal long-term rate and the long-term exempt rate. For purposes of sections 382, 642, 1274, 1288, and other sections of the Code, tables set forth the rates for September 2007. T.D. 9340, page 487. Final regulations provide updated guidance on tax-shelter annuities, custodial accounts of public schools and section 501(c)(3) tax-exempt organizations, and church retirement income accounts, authorized under section 403(b) of the Code. The regulations provide the public with the guidance necessary to comply with the law and will affect sponsors of section 403(b) contracts, administrators, participants and beneficiaries. The regulations also provide guidance relating to the controlled group rules under section 414(c) for entities that are tax-exempt under section 501(a). T.D. 9343, page 533. Final regulations under section 1502 of the Code allow the Service to appoint a domestic substitute agent for a consolidated group when the group’s parent is a foreign corporation that is treated as a domestic corporation under section 7872 or as the result of a section 953(d) election. T.D. 9344, page 535. REG–148951–05, page 550. Final, temporary, and proposed regulations under section 7425 of the Code relate to discharge of liens and return of wrongfully levied property under section 6343. The regulations clarify that notices and claims are to be sent to the IRS office and official specified in the relevant IRS publications.
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T.D. 9338, page 463. Final regulations under sections 6038 and 6038A of the Code clarify the information required to be furnished regarding certain related party transactions of certain foreign corporations and certain foreign-owned domestic corporations. The final regulations also increase the amount of certain penalties, and make certain other changes, to reflect the statutory changes made by the Taxpayer Relief Act of 1997. T.D. 9339, page 437. REG–121475–03, page 474. Final, temporary, and proposed regulations under section 1397E of the Code set forth guidance for state and local governments that issue qualified zone academy bonds (QZABs) and for banks, insurance companies, and other taxpayers that hold those bonds. The regulations provide guidance on the maximum term, expenditure and use of proceeds, remedial actions, arbitrage, and reporting requirements for QZABs. T.D. 9341, page 449. Final regulations under section 1502 of the Code that provide guidance with regard to the recalculation of basis and excess loss accounts in subsidiary shares as the result of certain intercompany transactions and on when a subsidiary stock can be treated as worthless under section 165. T.D. 9342, page 451. Final regulations under section 1502 of the Code amend the consolidated return regulations relating to the tacking rule of the life-nonlife regulations and taxable years of members of a consolidated group. Specifically, the regulations remove one of the five conditions of the tacking rule (the separation condition) and regulations section 1.1502–76(a)(2), which requires
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INCOME TAX REG–149036–04, page 411. Proposed regulations under section 6404 of the Code concern the suspension of interest, penalties, additions to tax, or additional amounts under section 6404(g) and explain the general rules for suspension as well as exceptions to those general rules. A public hearing is scheduled for October 11, 2007. Notice 2007–64, page 385. 2007 Section 43 inflation adjustment factor. This notice announces the inflation adjustment factor and phase-out amount for the enhanced oil recovery credit for the 2007 calendar year. Notice 2007–65, page 386. 2007 marginal production rates. The notice announces the applicable percentage under section 613A of the Code to be used in determining percentage depletion for marginal properties for the 2007 calendar year. EMPLOYEE PLANS T.D. 9334, page 382. REG–142039–06, page 415. Final, temporary, and proposed regulations under section 4965 of the Code provide guidance relating to the requirement of a return to accompany payment of excise taxes, the time for filing that return, and entity-level and manager-level excise taxes with respect to prohibited tax shelter transactions to which tax-exempt entities are parties.
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T.D. 9333, page 350. REG–149036–04, page 365. Temporary and proposed regulations under section 6404 of the Code provide guidance on the suspension of interest, penalty, addition to tax, or additional amounts with respect to listed transactions or undisclosed reportable transactions. A public hearing on the proposed regulations is scheduled for October 11, 2007. REG–128274–03, page 356. Proposed regulations under section 42 of the Code, which concern the low-income housing credit, would amend the utility allowances regulations under section 1.42–10. A public hearing is scheduled for October 9, 2007. REG–163195–05, page 366. Proposed regulations under section 3406(g) of the Code provide amendments to the existing regulations for backup withholding for reportable payments made through a Qualified Payment Card Agent (QPCA). See related Notice 2007–59, 2007–30 I.R.B. 135, containing a proposed revenue procedure for guidance on QPCA determinations. A public hearing is scheduled for November 7, 2007. Notice 2007–63, page 353. Repayment of Commodity Credit Corporation (CCC) loans. This notice provides guidance regarding the tax treatment and information reporting of “market gain” associated with the repayment of nonrecourse marketing assistance loans made by the CCC under the Farm Security and Rural Investment Act of 2002.
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