Federal Tax Regulations Issued in 2013

Title of Regulation

Status

Citation

IRC Sections

Additional Information

Shared Responsibility for Employers Regarding Health Coverage

Prop regs

37 pages

REG–138006–12 (1/2/13)

1361

4980H

7701

"guidance under section 4980H of the Internal Revenue Code (Code) with respect to the shared responsibility for employers regarding employee health coverage. These proposed regulations would affect only employers that meet the definition of ‘‘applicable large employer’’ as described in these proposed regulations. As discussed in section X of this preamble, employers may rely on these proposed regulations for guidance pending the issuance of final regulations or other applicable guidance."

Correction – FR 16445 (3/15/13)

Q&A from IRS (12/28/12)

Comment letter from AICPA - here.

Final regs issued TD 9655 (2/12/14)

Treasury Inflation-Protected Securities Issued at a Premium; Bond Premium Carryforward

Final and Temp Regs

Prop regs

TD 9609 (1/4/13)

REG–140437–12 (1/4/13)

171

1275

"final regulations that provide guidance on the tax treatment of Treasury Inflation- Protected Securities issued with more than a de minimis amount of premium. This document also contains temporary regulations that provide guidance on the tax treatment of a debt instrument with a bond premium carryforward in the holder’s final accrual period, including a Treasury bill acquired at a premium. The regulations in this document provide guidance to holders of Treasury Inflation-Protected Securities and other debt instruments."

Proposed and temporary regs were issued 12/5/11 - TD 9561.

Truncated Taxpayer Identification Numbers

Prop regs

REG–148873–09 (1/7/13)

6042

6043

6044

6045

6049

6050A

6050E

6050N

6050P

6050S

6109

"create a new taxpayer identifying number known as an IRS truncated taxpayer identification number, a TTIN. As an alternative to using a social security number (SSN), IRS individual taxpayer identification number (ITIN), or IRS adoption taxpayer identification number (ATIN), the filer of certain information returns may use a TTIN on the corresponding payee statements to identify the individual being furnished a statement. The TTIN displays only the last four digits of an individual’s identifying number and is shown in the format XXX–XX–1234 or ***–**–1234. These proposed regulations affect filers of certain information returns who will be permitted to identify an individual payee by use of a TTIN on the payee statement furnished to the individual, and those individuals who receive payee statements containing a TTIN."

Information Reporting by Foreign Financial Institutions and Withholding on Certain Payments to Foreign Financial Institutions and Other Foreign Entities

Final regs

TD 9610 (1/28/13)

1471

1472

1473

1474

"final  regulations under chapter 4 of Subtitle  A (sections 1471 through 1474) of the  Internal Revenue Code of 1986 (Code)  regarding information reporting by  foreign financial institutions (FFIs) with  respect to U.S. accounts and  withholding on certain payments to  FFIs and other foreign entities. These  regulations affect persons making  certain U.S.-related payments to FFIs  and other foreign entities and payments  by FFIs to other persons."

 Note: These regulations are 123 pages long.

Correction: FR55202 (9/10/13)

Designation of Payor as Agent to Perform Acts Required of an Employer

Prop regs

REG–102966–10 (1/29/13)

3504

"proposed regulations under section  3504 of the Internal Revenue Code  (Code) providing circumstances under  which a person (payor) is designated as  an agent to perform the acts required of  an employer and is liable for  employment taxes with respect to wages  or compensation paid by the payor to  individuals performing services for the  payor’s client pursuant to a service  agreement between the payor and the  client."

Failure To File Gain Recognition Agreements and Other Required Filings

Prop regs

REG–140649–11 (1/31/13)

367

6038B

"proposed regulations that would amend  the existing rules governing the  consequences to U.S. persons for failing  to file gain recognition agreements  (GRAs) and related documents, or to  satisfy other reporting obligations,  associated with certain transfers of  property to foreign corporations in  nonrecognition exchanges. These  regulations affect U.S. persons that  transfer property to foreign  corporations."

Health Insurance Premium Tax Credit

Final regs

2 pages

TD 9611 (2/1/13)

36B

"final  regulations relating to the health  insurance premium tax credit enacted  by the Patient Protection and Affordable  Care Act and the Health Care and  Education Reconciliation Act of 2010.  These final regulations provide  guidance to individuals related to  employees who may enroll in eligible  employer-sponsored coverage and who  wish to enroll in qualified health plans  through Affordable Insurance Exchanges  (Exchanges) and claim the premium tax  credit."

Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

Prop regs

18 pages

REG–148500–12  (2/1/13)

5000A

"proposed regulations relating to the  requirement to maintain minimum  essential coverage enacted by the  Patient Protection and Affordable Care  Act and the Health Care and Education  Reconciliation Act of 2010, as amended  by the TRICARE Affirmation Act and  Public Law 111–173. These proposed  regulations provide guidance on the  liability for the shared responsibility  payment for not maintaining minimum  essential coverage."

Fact Sheet from Treasury (1/30/13)

Q&A from IRS (1/30/13)

Correction – FR 17900 (3/25/13)

Correction – FR 19155 (3/29/13)

Final regs TD 9632 (8/30/13)

Noncompensatory Partnership Options

Final regs

TD 9612 (2/5/13)

171

704

721

761

1272

1273

1275

"final  regulations relating to the tax treatment  of noncompensatory options and  convertible instruments issued by a  partnership. The final regulations  generally provide that the exercise of a  noncompensatory option does not cause  the recognition of immediate income or  loss by either the issuing partnership or  the option holder. The final regulations  also modify the regulations under  section 704(b) regarding the  maintenance of the partners’ capital  accounts and the determination of the  partners’ distributive shares of  partnership items. The final regulations  also contain a characterization rule  providing that the holder of a  noncompensatory option is treated as a  partner under certain circumstances.  The final regulations will affect partnerships that issue  noncompensatory options, the partners  of such partnerships, and the holders of  such options."

Correction – FR 17868 (3/25/13)

Correction – FR 19100 (3/29/13)

Correction – FR 35559 (6/13/13)

Treatment of Grantor of Option on Partnership Interest

Prop regs

REG–106918–08 (2/5/13)

761

1234

"proposed regulations relating to the tax  treatment of noncompensatory options  and convertible instruments issued by a  partnership. Specifically, the proposed  regulations expand the characterization  rule measurement events to include  certain transfers of interests in the  issuing partnership and other look-  through entities, and provide additional  guidance in determining the character of  the grantor’s gain or loss as a result of  a closing transaction with respect to, or  a lapse of, an option on a partnership  interest. The proposed regulations will  affect partnerships that issue  noncompensatory options, the partners  of such partnerships, and the holders of  such options. "

Coverage of Certain Preventive Services under Affordable Care Act

Prop regs

21 pages

REG–120391 (2/6/13)

9801

9815

"proposes  amendments to rules regarding coverage  for certain preventive services under  section 2713 of the Public Health  Service Act, as added by the Patient  Protection and Affordable Care Act, as  amended, and incorporated into the  Employee Retirement Income Security  Act of 1974 and the Internal Revenue  Code. Section 2713 of the Public Health  Service Act requires coverage without  cost sharing of certain preventive health  services, including certain contraceptive  services, in non-exempt, non-grandfathered group health plans and  health insurance coverage. The  proposed rules would amend the  authorization to exempt group health  plans established or maintained by  certain religious employers (and group  health insurance coverage provided in  connection with such plans) with  respect to the requirement to cover contraceptive services. The proposed  rules would also establish  accommodations for group health plans  established or maintained by eligible  organizations (and group health  insurance coverage offered in  connection with such plans), including  student health insurance coverage  arranged by eligible organizations that  are religious institutions of higher  education. This document also proposes  related amendments to regulations  concerning excepted benefits and  Affordable Insurance Exchanges."

Correction – FR 13575 (2/28/13)

Reduced 2009 Estimated Income Tax Payments for Individuals with Small Business Income

Final regs and removal of temp regs

TD 9613 (2/27/13)

6654

"final regulations under section 6654 of the Internal Revenue Code (Code) relating to reduced estimated income tax payments for qualified individuals with small business income for any taxable year beginning in 2009 and does not apply to any taxable years beginning before or after 2009. The final regulations implement changes to section 6654 made by the American Recovery and Reinvestment Act of 2009. The final regulations provide guidance for qualified individuals with small business income to certify that they satisfy the statutory gross income requirement for purposes of the reduction in their required 2009 estimated income tax payments."

Health Insurance Providers Fee

Prop regs

13 pages

REG–118315–12 (3/4/13)

6302 (Part 57)

"proposed regulations that provide guidance on the annual fee imposed on covered entities engaged in the business  of providing health insurance for United States health risks. This fee is imposed by section 9010 of the Patient Protection and Affordable Care Act, as amended. The regulations affect persons engaged in the business of providing health insurance for United States health risks."

Correction – FR 17612 (3/22/13)

Penalties for Failure to Maintain List of Advisees With Respect to Reportable Transactions

Prop regs

REG–160873–04 (3/8/13)

6708

"proposed regulations relating to the penalty under section 6708 of the Internal Revenue Code for failing to make available lists of advisees with respect to reportable transactions. Section 6708 imposes a penalty upon material advisors for the failure to make available to the Secretary, upon written request, lists required by section 6112 within the time prescribed by section 6708(a)(1). These proposed regulations reflect changes to section 6708 made by the American Jobs Creation Act of 2004 and provide guidance regarding the imposition of the section 6708 penalty on material advisors who are required to maintain lists of advisees pursuant to section 6112."

Certain Outbound Property Transfers by Domestic Corporations: Certain Stock Distributions by Domestic Corporations

Final and temp regs

TD 9614 (3/19/13)

367

1248

6038B

"final and temporary regulations that apply to transfers of certain property by a domestic corporation to a foreign corporation in certain nonrecognition exchanges, or to distributions of stock of certain foreign corporations by a domestic corporation in certain nonrecognition distributions. The final regulations also establish reporting requirements for property transfers and stock distributions to which the final regulations apply. The regulations affect domestic corporations that transfer property to foreign corporations in certain nonrecognition transactions, or that distribute the stock of certain foreign corporations in certain nonrecognition distributions, and certain domestic shareholders of those domestic corporations."

Correction – FR 23487 (4/19/13)

Correction - FR 51347 (8/20/20)

Indirect Stock Transfers and Coordination Rule Exceptions: Transfers of Stock or Securities in Outbound Asset Reorganizations

Final and temp regs

Prop regs

TD 9615 (3/19/13)

REG–132702–10 (3/19/13)

367

1248

6038B

"final and temporary regulations. These regulations eliminate one of two exceptions to the coordination rule between asset transfers and indirect stock transfers for certain outbound asset reorganizations. The regulations also modify the third exception to the coordination rule for certain outbound exchanges so that this exception is consistent with the remaining asset reorganization exception. In addition, the regulations modify, in various contexts, procedures for obtaining reasonable cause relief. Finally, the regulations implement certain changes with respect to transfers of stock or securities by a domestic corporation to a foreign corporation in a section 361 exchange. The regulations primarily affect domestic corporations that transfer property to foreign corporations in certain outbound nonrecognition exchanges."

Ninety-Day Waiting Period Limitation and Technical Amendments to Certain Health Coverage Requirements Under the Affordable Care Act

Prop regs

24 pages

REG–122706–12 (3/21/13)

9801

9815

"implement the 90-day waiting period limitation under section 2708 of the  Public Health Service Act, as added by the Patient Protection and Affordable Care Act (Affordable Care Act), as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. They also propose amendments to regulations to conform to Affordable Care Act provisions already in effect as well as those that will become effective beginning 2014. The proposed conforming amendments make changes to existing requirements such as preexisting condition limitations and other portability provisions added by  the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and implementing regulations because they have become moot or need amendment due to new market reform protections under the Affordable Care Act."

$500,000 Dollar Deduction Limitation for Remuneration Provided by Certain Health Insurance Providers

Prop regs

29 pages

REG–106796–12 (4/2/13)

162

"proposed regulations on the application  of the $500,000 deduction limitation for  remuneration provided by certain health  insurance providers under section  162(m)(6) of the Internal Revenue Code  (Code). These regulations affect health  insurance providers that pay such  remuneration."

Community Health Needs Assessments for Charitable Hospitals

Prop regs

22 pages

REG–106499–12

(4/5/13)

501

6012

4959

"proposed regulations that provide  guidance to charitable hospital  organizations on the community health  needs assessment (CHNA) requirements,  and related excise tax and reporting  obligations, enacted as part of the  Patient Protection and Affordable Care  Act of 2010. These proposed regulations  also clarify the consequences for failing  to meet these and other requirements for  charitable hospital organizations. These  regulations will affect charitable  hospital organizations."

Correction FR 29628 (5/21/13) and correction to the correction – FR 31454 (5/24/13).

Basis Reporting by Securities Brokers  and Basis Determination for Debt  Instruments and Options; Reporting  for Premium

Final and Temp regs

Prop regs

TD 9616

(4/18/13)

REG–154563–12 (4/18/13)

1271

1275

6045

6045A

6045B

6049

"final  regulations relating to reporting by  brokers for transactions involving debt  instruments and options. These final  regulations reflect changes in the law  made by the Energy Improvement and  Extension Act of 2008 that require  brokers when reporting the sale of  securities to the IRS to include the  customer’s adjusted basis in the sold  securities and to classify any gain or  loss as long-term or short-term. These  final regulations also implement the  requirement that a broker report gross  proceeds from a sale or closing  transaction with respect to certain  options. In addition, this document  contains final regulations that  implement reporting requirements for a  transfer of a debt instrument or an  option to another broker and for an  organizational action that affects the  basis of a debt instrument or an option.  Moreover, this document contains final  regulations relating to the filing of Form  8281, ‘‘Information Return for Publicly  Offered Original Issue Discount  Instruments,’’ for certain debt  instruments with original issue discount  and temporary regulations relating to  information reporting for premium."

Minimum Value of Eligible Employer-  Sponsored Plans and Other Rules  Regarding the Health Insurance Premium Tax Credit

Prop regs

8 pages

REG–125398–12  (5/3/13)

36B

6011

"proposed regulations relating to the health insurance premium tax credit  enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the Medicare and Medicaid Extenders Act of 2010, the Comprehensive 1099 Taxpayer Protection and Repayment of Exchange Subsidy Overpayments Act of 2011, and the Department of Defense and Full-Year Continuing Appropriations Act, 2011. These proposed regulations affect individuals who enroll in qualified health plans through Affordable Insurance Exchanges (Exchanges) and claim the premium tax credit, and Exchanges that make qualified health plans available to individuals and employers. These proposed regulations also provide guidance on determining whether health coverage under an eligible employer-sponsored plan provides minimum value and affect employers that offer health coverage and their employees."

Updating of Employer Identification Numbers

Final regs

TD 9617 (5/6/13)

6109

"final regulations that require any person assigned an employer identification number (EIN) to provide updated information to the IRS in the manner and frequency prescribed by forms, instructions, or other appropriate guidance. These regulations affect persons with EINs and will enhance the IRS’s ability to maintain accurate information as to persons assigned EINs."

Finalizes proposed regs issued 3/14/12 - REG–135491– 10.

IRS website on business name changes.

IRS website on Employer ID Numbers (EINs)

New form is 8822-B, Change of Address or Responsible Party – Business.

Disclosure of Returns and Return Information to Designee of Taxpayer

Final regs

TD 9618 (5/7/13)

6103

"final  regulations extending the period for  submission to the IRS of taxpayer  authorizations permitting disclosure of  returns and return information to third-  party designees. Specifically, the final  regulations extend from 60 days to 120  days the period within which a signed  and dated authorization must be  received by the IRS (or an agent or  contractor of the IRS) for it to be  effective. The final regulations will  affect taxpayers who submit  authorizations permitting disclosure of  returns and return information to third-  party designees."

Computation of, and Rules Relating to, Medical Loss Ratio

Prop regs

5 pages

REG–126633–12 (5/13/13)

833

"proposed regulations that provide guidance to Blue Cross and Blue Shield organizations, and certain other health care organizations, on computing and applying the medical loss ratio added to the Internal Revenue Code by the  Patient Protection and Affordable Care Act."

Regulations Enabling Elections for Certain Transactions under Section 336(e)

Final regs

TD 9619 (5/15/13)

336

338

901

1502

"guidance under section 336(e) of the Internal Revenue Code (Code), which authorizes the issuance of regulations under which an election may be made to treat the sale, exchange, or distribution of at least 80 percent of the voting power and value of the stock of a corporation (target) as a sale of all its underlying assets. These regulations provide the terms and conditions for making such an election and the consequences of the election. These regulations affect domestic corporate sellers (seller), S corporation shareholders, and domestic targets."

The proposed regs were issued in 2008.

IRC �336 (e) "Certain stock sales and distributions may be treated as asset transfers

Under regulations prescribed by the Secretary, if—

(1) a corporation owns stock in another corporation meeting the requirements of section 1504(a)(2), and

(2) such corporation sells, exchanges, or distributes all of such stock,

an election may be made to treat such sale, exchange, or distribution as a disposition of all of the assets of such other corporation, and no gain or loss shall be recognized on the sale, exchange, or distribution of such stock."

Corrections – FR 53026-53027 (8/28/13)

Incentives for Nondiscriminatory Wellness Programs in Group Health Plans

Final regs

36 pages

TD 9620 (6/3/13)

9802

9815

“final regulations, consistent with the Affordable Care Act, regarding nondiscriminatory wellness programs in group health coverage. Specifically, these final regulations increase the maximum permissible reward under a health-contingent wellness program offered in connection with a group health plan (and any related health insurance coverage) from 20 percent to 30 percent of the cost of coverage. The final regulations further increase the maximum permissible reward to 50 percent for wellness programs designed to prevent or reduce tobacco use. These regulations also include other clarifications regarding the reasonable design of health-contingent wellness programs and the reasonable alternatives they must offer in order to avoid prohibited discrimination.”

Indoor Tanning Services; Excise Taxes

Final regs

Removal of temp regs

6 pages

TD 9621 (6/11/13)

5000B

“final regulations on the indoor tanning services excise tax imposed by the Patient Protection and Affordable Care Act. These final regulations affect persons that use, provide, or pay for indoor tanning services.”

Proposed regs were issued in June 2010.

Guidance Regarding Deferred Discharge of Indebtedness Income of Corporations and Deferred Original Issue Discount Deductions

Final regs

Removal of temp regs

TD 9622 (7/3/13)

108

“final regulations under section 108(i) of the Internal Revenue Code (Code). These regulations primarily affect C corporations and provide necessary guidance regarding the accelerated inclusion of deferred discharge of indebtedness (also known as cancellation of debt (COD)) income (deferred COD income) and the accelerated deduction of deferred original issue discount (OID) (deferred OID deductions) under section

108(i)(5)(D) (acceleration rules), and the calculation of earnings and profits as a result of an election under section 108(i). In addition, these regulations provide rules applicable to all taxpayers regarding deferred OID deductions under section 108(i) as a result of a reacquisition of an applicable debt instrument by an issuer or related party.”

Correction – FR 48606 and  FR 48607 (8/9/13)

Application of Section 108(i) to Partnerships and S Corporations

Final regs

Removal of temp regs

TD 9623 (7/3/13)

108

“final regulations relating to the application of section 108(i) of the Internal Revenue Code (Code) to partnerships and S corporations and provides rules regarding the deferral of discharge of indebtedness income and original issue discount deductions by a partnership or an S corporation with respect to reacquisitions of applicable debt instruments after December 31, 2008, and before January 1, 2011. The regulations affect partnerships and S corporations with respect to reacquisitions of applicable debt instruments and their partners and shareholders.”

Correction – FR 49366 - 49267 (8/14/13) and

Coverage of Certain Preventive Services Under the Affordable Care Act

Final regs

31 pages

TD 9624 (7/2/13)

9815

“final regulations regarding coverage of certain preventive services under section 2713 of the Public Health Service Act (PHS Act), added by the Patient Protection and Affordable Care Act, as amended, and incorporated into the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code. Section 2713 of the PHS Act requires coverage without cost sharing of certain preventive health services by nongrandfathered group health plans and health insurance coverage. Among these services are women’s preventive health services, as specified in guidelines supported by the Health Resources and Services Administration (HRSA). As authorized by the current regulations, and consistent with the HRSA guidelines, group health plans established or maintained by certain religious employers (and group health insurance coverage provided in connection with such plans) are exempt from the otherwise applicable requirement to cover certain contraceptive services. These final regulations simplify and clarify the religious employer exemption. These final regulations also establish accommodations with respect to the contraceptive coverage requirement for group health plans established or maintained by eligible organizations (and group health insurance coverage provided in connection with such plans), as well as student health insurance coverage arranged by eligible organizations that are institutions of higher education. These regulations also finalize related amendments to regulations concerning Affordable Insurance Exchanges.”

Information Reporting for Affordable Insurance Exchanges

Prop regs

6 pages

REG–140789–12 (7/2/13)

36B

“proposed regulations relating to requirements for Affordable Insurance Exchanges (Exchanges) to report information relating to the health insurance premium tax credit enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. These proposed regulations affect Exchanges that make qualified health plans available to individuals and employers.”

Provides details of the information that exchanges are to provide to the IRS and taxpayers or the responsible adult by January 31 each year.

Reg 1.36B-5 on reporting was finalized by TD 9663 (5/7/14).

Reimbursed Entertainment Expenses

Final regs

TD 9625 (8/1/13)

274

“final regulations regarding the exception to the deduction limitations on certain expenditures paid or incurred under reimbursement or other expense allowance arrangements. These final regulations affect taxpayers that pay or receive advances, allowances, or reimbursements under reimbursement or other expense allowance arrangements and clarify the rules for these arrangements.”

Certain Transfers of Property to Regulated Investment Companies and Real Estate Investment Trusts

Final regs

TD 9626 (8/2/13)

337

“final regulations under section 337(d) of the Internal Revenue Code. These regulations provide guidance concerning certain transfers of property from a C corporation to a Regulated Investment Company (RIC) or a Real Estate Investment Trust (REIT). These regulations will affect the parties to such transactions.”

Mixed Straddles; Straddle-by–Straddle Identification

Temp and proposed regs

TD 9627 (8/2/13)

REG-112815-12 (8/2/13)

1092

“guidance for those taxpayers electing to establish a mixed straddle using straddle-by-straddle identification. These temporary regulations explain how to account for unrealized gain or loss on a position held by a taxpayer prior to the time the taxpayer establishes a mixed straddle using straddle-by-straddle identification.”

Correction – FR 64396 (10/29/13)

Correction – FR 64430 (10/29/13)

Controlled Group Regulation Examples

Proposed revisions to examples in 851 regs

REG-114122-12 (8/2/13)

851

“proposes revisions to examples that illustrate the controlled group rules related to regulated investment companies (RICs). These proposed revisions resolve an issue with how the controlled group rules should be applied in connection with the RIC ‘‘asset diversification’’ test.”

Relief from Joint and Several Liability

Proposed regs

REG-132251-11 (8/13/13)

66

6015

“proposed regulations relating to relief  from joint and several tax liability under  section 6015 of the Internal Revenue  Code (Code) and relief from the Federal  income tax liability resulting from the  operation of state community property  laws under section 66. The proposed  regulations provide guidance to  taxpayers on when and how to request  relief under sections 66 and 6015.”

Regulations Pertaining to the Disclosure of Return Information To Carry Out Eligibility Requirements for Health Insurance Affordability Programs

Final regs

4 pages

TD 9628 (8/14/13)

6103

36B

“final regulations relating to the disclosure of return information under section 6103(l)(21) of the Internal Revenue Code, as enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010. The regulations define certain terms and prescribe certain items of return information in addition to those items prescribed by statute that will be disclosed, upon written request, under section 6103(l)(21).”

Requirement of a Section 4959 Excise Tax Return and Time for Filing the Return

Final, temp and proposed regs

2 pages

TD 9629 (8/15/13)

REG-115300-13 (9/15/13)

4959

6011

6071

“final and temporary regulations that provide guidance to charitable hospital organizations regarding the requirement of a return to accompany payment of the excise tax, enacted as part of the Patient Protection and Affordable Care Act of 2010, for failure to meet the community health needs assessment (CHNA) requirements for any taxable year. The regulations affect charitable hospital organizations. This action is necessary to implement section 9007(b) of the Patient Protection and Affordable Care Act of 2010.”

Correction FR 59228 (9/26/13).

Correction FR 59313 (9/26/13).

Form 4720

Tax Credit for Employee Health Insurance Expenses of Small Employers

Prop regs

15 pages

REG-113792-13 (8/26/13)

45R

The regs “generally incorporate the provisions of Notice 2010-44 and Notice 2010-82 as modified to reflect the differences between the statutory provisions applicable to years before 2014 and those applicable to years after 2013.” The notices can be relied on for years beginning before 2014.

IRS resources website about the 45R credit including links to guidance and Form 8941 for claiming the credit.

Use of Differential Income Stream as an Application of the Income Method and as a Consideration in Assessing the Best Method

Final regs and removal of temp regs

TD 8630 (8/27/13)

482

“final regulations that implement the use of the differential income stream as a consideration in assessing the best method in connection with a cost sharing arrangement and as a specified application of the income method.”

Correction – FR 62426 (10/22/13)

Disclosures of Return Information Reflected on Returns to Officers and Employees of the Department of Commerce for Certain Statistical Purposes and Related Activities

Final regs and removal of temp regs

TD 9631 (8/27/13)

6103

“final regulations that authorize the disclosure of certain items of return information to the Bureau of the Census (Bureau) in conformance with section 6103(j)(1) of the Internal Revenue Code (Code). The final regulations are made pursuant to a request from the Secretary of Commerce. Because the return information will be disclosed to the Bureau in statistical format, specific taxpayers will not be identified, and, therefore, no taxpayers are affected by the disclosures authorized by this guidance.”

Purpose – to provide information to the Dept of Commerce about contract labor for analytical purposes including studying the growing trend of using such workers.

Shared Responsibility Payment for Not Maintaining Minimum Essential Coverage

Final regs

19 pages

TD 9632 (8/30/13)

5000A

“final regulations on the requirement to maintain minimum essential coverage enacted by the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010, as amended by the TRICARE Affirmation Act and Public Law 111– 173. These final regulations provide guidance to individual taxpayers on the liability under section 5000A of the Internal Revenue Code for the shared responsibility payment for not maintaining minimum essential coverage and largely finalize the rules in the notice of proposed rulemaking published in the Federal Registeron February 1, 2013.” REG–148500–12  (2/1/13)

Correction FR 78256 (12/26/13)

Correction FR 78255 (12/26/13)

Employee Retirement Benefit Plan Returns Required on Magnetic Media

Prop regs

REG-111837-13 (8/30/13)

6057

6058

6059

“proposed regulations relating to the requirements for filing certain employee retirement benefit plan statements, returns, and reports on magnetic media. The term magnetic media includes electronic filing, as well as other magnetic media specifically permitted under applicable regulations, revenue procedures, publications, forms, instructions, or other guidance on the IRS.gov Internet Web site. These regulations would affect plan administrators and employers maintaining retirement plans that are subject to various employee benefit reporting requirements under the

Internal Revenue Code (Code).”

User Fees for Processing Installment Agreements and Offers in Compromise

Prop regs

REG-144990-12 (8/30/13)

300.1

300.2

300.3

“proposed amendments to the regulations that provide user fees for installment agreements and offers in compromise. The proposed amendments affect taxpayers who wish to pay their liabilities through installment agreements and offers in compromise.”

IRS proposes that the fee for entering into an installment agreement be increased from $105 to $120, and for restructuring or reinstating an installment agreement, it be increased from $45 to $50. The fee for a direct debit installment agreement would remain at $52 and the fee for low income taxpayers would remain at $43.  IRS review of its costs indicated that the full cost of an installment agreement is $282, $122 for a direct debit installment agreement and $85 for a restructuring or reinstatement.

Since 2003, IRS has charged $150 to process an offer to compromise. IRS review of the process found that the full cost of an offer is $2,718. IRS proposes to increase the fee to $186. It would continue to be zero for low-income taxpayers and those making offers based solely on doubt as to liability. The proposed fee is not at full cost because IRS wants to encourage offers in compromise.

The new fees go into effect 1/1/14.

Finalized 12/2/13 – TD 9647.

Limitations on Duplication of Net Built-in Losses

Final regs

TD 9633 (9/3/13)

358

362

705

1367

“final regulations under section 362(e)(2) of the Internal Revenue Code of 1986 (Code). The regulations apply to certain nonrecognition transfers of loss property to corporations. The regulations affect all parties to the transaction.”

Determining the Amount of Taxes Paid for Purposes of the Foreign Tax Credit

Final regs and removal of temp regs

TD 9634 (8/4/13)

901

“final regulations providing guidance relating to the determination of the amount of taxes paid for purposes of the foreign tax credit. These regulations address certain highly structured arrangements that produce inappropriate foreign tax credit results. The regulations affect individuals and corporations that claim direct and indirect foreign tax credits.”

Debt That is a Position in Personal Property That is Part of a Straddle

Final and temp regs

Prop regs

TD 9635 (9/5/13)

REG–111753–12 (9/5/13)

1092

“final and temporary regulations relating to the application of the straddle rules to a debt instrument. The temporary regulations clarify that a taxpayer’s obligation under a debt instrument can be a position in personal property that is part of a straddle. The temporary regulations primarily affect taxpayers that issue debt instruments that provide for one or more payments that reference the value of personal property or a position in personal property.

Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible  Property

Final regs and removal of temp regs

TD 9636 (9/19/13)

(63 pages)

162

165

167

168

263

263A

1016

“final regulations that provide guidance on the application of sections 162(a) and 263(a) of the Internal Revenue Code (Code) to amounts paid to acquire, produce, or improve tangible property. The final regulations clarify and expand the standards in the current regulations under sections 162(a) and 263(a). These final regulations replace and remove temporary regulations under sections 162(a) and 263(a) and withdraw proposed regulations that cross referenced the text of those temporary regulations. This document also contains final regulations under section 167 regarding accounting for and retirement of depreciable property and final regulations under section 168 regarding accounting for property under the Modified Accelerated Cost Recovery System (MACRS) other than general asset accounts. The final regulations will affect all taxpayers that acquire, produce, or improve tangible property. These final regulations do not finalize or remove the 2011 temporary regulations under section 168 regarding general asset accounts and disposition of property subject to section 168, which are addressed in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register.”

Correction – FR 42189 (7/21/14)

Guidance Regarding Dispositions of Tangible Depreciable Property

Prop regs and partial removal of previously prop regs

REG–110732–13 (9/19/13)

(21 pages)

168

“proposed regulations regarding dispositions of property subject to depreciation under section 168 of the Internal Revenue Code (Code) (Modified Accelerated Cost Recovery System (MACRS) property). The proposed regulations also amend the general asset account regulations under � 1.168(i)–1 and the accounting for MACRS property regulations under � 1.168(i)–7. The proposed regulations will affect all taxpayers that dispose of MACRS property. This document also provides notice of a public hearing on these proposed regulations and partially withdraws the proposed regulations published in the Federal Registeron December 27, 2011 (76 FR 81128).” [REG–168745–03 (12/27/11)]

Public hearing scheduled for 12/19/13; comments requested by 11/19/13.

Modification of Treasury Regulations Pursuant to Section 939A of the Dodd- Frank Wall Street Reform and Consumer Protection Act

Final regs and removal of temp regs (TD 9533, 7/6/11)

TD 9637 (9/6/13)

150

171

197

249

475

860G

1001

“final regulations that remove any reference to, or requirement of reliance on, ‘‘credit ratings’’ in regulations under the Internal Revenue Code (Code) and provides substitute standards of creditworthiness where appropriate. This action is required by the Dodd-Frank Wall Street Reform and Consumer Protection Act. These regulations affect persons subject to various provisions of the Code.”

Research Expenditures

Prop regs

REG-124148-05 (9/6/13)

174

“proposes regulations to amend the definition of research and experimental expenditures under section 174 of the Internal Revenue Code (Code). In particular, these proposed regulations provide guidance on the treatment of amounts paid or incurred in connection with the development of tangible property, including pilot models. The regulations will affect taxpayers engaged in research activities.”

Information Reporting by Applicable Large Employers on Health Insurance Coverage Offered Under Employer-Sponsored Plans

Prop regs

18 pages

REG-136630-12 (9/9/13)

36B

6011

6056

“proposed regulations providing guidance to employers that are subject to the information reporting requirements under section 6056 of the Internal Revenue Code (Code), enacted by the Affordable Care Act. Section 6056 requires those employers to report to the IRS information about their compliance with the employer shared responsibility provisions of section 4980H of the Code and about the health care coverage they have offered employees. Section 6056 also requires those employers to furnish related statements to employees so that employees may use the statements to help determine whether, for each month of the calendar year, they can claim on their tax returns a premium tax credit under section 36B of the Code (premium tax credit). In addition, that information will be used to administer and ensure compliance with the eligibility requirements for the employer shared responsibility provisions and the premium tax credit. The proposed regulations affect applicable large employers (generally meaning employers with 50 or more full-time employees, including full-time equivalent employees, in the prior year), employees and other individuals.”

Treasury press release of 9/5/13.

Notice 2013-45.

Information Reporting of Minimum Essential Coverage

Prop regs

11 pages

REG-132455-11 (9/9/13)

6011

6055

6721

6722

“proposed regulations providing guidance to providers of minimum essential health coverage that are subject to the information reporting requirements of section 6055 of the Internal Revenue Code (Code), enacted by the Affordable Care Act. Health insurance issuers, certain employers, and others that provide minimum essential coverage to individuals must report to the IRS information about the type and period of coverage and furnish related statements to covered individuals. These proposed regulations affect health insurance issuers, employers, governments, and other persons that provide minimum essential coverage to individuals.”

Treasury press release of 9/5/13.

Notice 2013-45.

Limitations on the Importation of Net Built-In Losses

Prop regs

REG-161948-05 (9/9/13)

332

334

337

351

358

362

368

“proposed regulations under sections 334(b)(1)(B) and 362(e)(1) of the Internal Revenue Code of 1986 (Code). The proposed regulations apply to certain nonrecognition transfers of loss property to corporations that are subject to Federal income tax. The proposed regulations affect the corporations receiving the loss property.”

Arbitrage Rebate Overpayments on Tax-Exempt Bonds

Prop regs

REG-148812-11 (9/16/13)

148

“proposed regulations that provide guidance on the recovery of overpayments of arbitrage rebate on tax exempt bonds and other tax-advantaged bonds. These proposed regulations provide the deadline for filing a claim for an arbitrage rebate overpayment and certain other rules. These proposed regulations affect issuers of tax-exempt and tax-advantaged bonds.”

Arbitrage Restrictions on Tax-Exempt Bonds

Prop regs

REG-148659-07 (9/16/13)

141

148

“proposed regulations on the arbitrage restrictions under section 148 of the Internal Revenue Code applicable to tax exempt bonds and other tax-advantaged bonds. These proposed regulations amend existing regulations to address certain current market developments, simplify certain provisions, address certain technical issues, and make the regulations more administrable. These proposed regulations affect issuers of tax-exempt and other tax-advantaged bonds.”

Application of the Segregation Rules to Small Shareholders

Final regs

TD 9638 (10/22/13)

382

“final regulations under section 382 of the Internal Revenue Code (Code). These regulations provide guidance regarding the application of the segregation rules to public groups of shareholders in determining owner shifts and ownership changes under section 382 of the Code. These regulations affect corporations.”

Modifications of Certain Derivative Contracts

Final regs and removal of temp regs

TD 9639 (11/6/13)

1001

“final regulations relating to the transfer or assignment of certain derivative contracts. The final regulations provide guidance to the nonassigning counterparty to a derivative contract and an assignee on certain notional principal contracts that are derivative contracts. The final regulations provide that the nonassigning counterparty does not have an exchange for purposes of �1.1001–1(a) when certain derivative contracts are transferred or assigned and clarify that the embedded loan rules of �1.446–3(g)(4) do not apply to such transactions.”

Final Rules Under the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008; Technical Amendment to External Review for Multi-State Plan Program

Final rules

TD 9640 (11/13/13)

9812

“final rules implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, which requires parity between mental health or substance use disorder benefits and medical/surgical benefits with respect to financial requirements and treatment limitations under group health plans and group and individual health insurance coverage. This document also contains a technical amendment relating to external review with respect to the multi-state plan program administered by the Office of Personnel Management.”

Reduction or Suspension of Safe Harbor Contributions

Final regs

TD 9641 (11/15/13)

401

“amendments to regulations relating to certain cash or deferred arrangements under section 401(k) and matching contributions and employee contributions under section 401(m). These regulations provide guidance on permitted mid-year reductions or suspensions of safe harbor nonelective contributions in certain circumstances for amendments adopted after May 18, 2009. These regulations also revise the requirements for permitted mid-year reductions or suspensions of safe harbor matching contributions for plan years beginning on or after January 1, 2015. The regulations affect administrators of, employers maintaining, participants in, and beneficiaries of certain defined contribution plans that satisfy the nondiscrimination tests of section 401(k) and section 401(m) using one of the design-based safe harbors.”

Treatment of Income From Indian Fishing Rights-Related Activity as Compensation

Prop regs

REG–120927–13 (11/15/13)

415

“proposed regulations that would clarify that amounts paid to an Indian tribe member as remuneration for services performed in a fishing rights-related activity may be treated as compensation for purposes of applying the limits on qualified plan benefits and contributions. These regulations would affect sponsors of, and participants in, employee benefit plans of Indian tribal governments.”

Reporting of Mortgage Insurance Premiums

Final regs and removal of temp regs

TD 9642 (11/27/13)

6050H

“final regulations that require information reporting by persons who receive mortgage insurance premiums, including prepaid premiums, aggregating $600 or more during any calendar year. The final regulations implement reporting requirements that result from the extension of the treatment of mortgage insurance premiums made by the American Taxpayer Relief Act of 2012. These regulations will affect any person who, in the course of a trade or business, receives from an individual mortgage insurance premiums that in the aggregate total $600 or more during a calendar year.”

Health Insurance Providers Fee

Final regs

(18 pages)

TD 9643 (11/29/13)

PART 57--HEALTH INSURANCE PROVIDERS FEE

6302

“final regulations relating to theannual fee imposed on covered 
entities engaged in the business of providing health  insurance
 for United States health risks. This fee is imposed by  section 
9010 of the Patient Protection and Affordable Care Act, asamended. The regulations affect persons engaged in the business 
ofproviding health insurance for United States health risks.”

Net Investment Income Tax

Final regs

(57 pages)

Prop regs

(24 pages)

TD 9644

(12/2/13)

REG-130843-13 (12/2/13)

The IRS released these proposed and final regulations in advance on 11/26/13.

469

1411

“final regulations under section 1411 of the Internal Revenue Code (Code). These regulations provide guidance on the general application of the Net Investment Income Tax and the computation of Net Investment Income. The regulations affect individuals, estates, and trusts whose incomes meet certain income thresholds.”

The proposed regulations address outstanding issues involving passthrough entities, capital loss carryovers, and more.

Correction FR 10055 (2/24/14)

Correction FR 18159 (4/1/14)

Correction FR 18161 (4/1/14)

<![if !supportLists]> �         <![endif]> IRC �1411, Imposition of tax

<![if !supportLists]> �         <![endif]>Proposed regulations - REG–130507–11 (12/5/12)

<![if !supportLists]> �         <![endif]> IRS FAQs

<![if !supportLists]> �         <![endif]> Joint Committee on Taxation, Present Law And Background Relating To The Tax-Related Provisions In The Affordable Care Act (JCX-6-13; 3/4/13), pages 23-25.

<![if !supportLists]> �         <![endif]> Form 8960, Net Investment Income Tax – Individuals, Estates, and Trusts (draft)

Additional Medicare Tax

Final regs

(8 pages)

TD 9645 (11/29/13)

IRS released advance copy on 11/26/13

1401

3101

3102

3202

6011

6205

6402

6413

“final regulations relating to Additional Hospital Insurance Tax on income above threshold amounts (“Additional Medicare Tax”), as added by the Affordable Care Act. Specifically, these final regulations provide guidance for employers and individuals relating to the implementation of Additional Medicare Tax, including the requirement to withhold Additional Medicare Tax on certain wages and compensation, the requirement to file a return reporting Additional Medicare Tax, the employer process for adjusting underpayments and overpayments of Additional Medicare Tax, and the employer and individual processes for filing a claim for refund for an overpayment of Additional Medicare Tax.”

<![if !supportLists]> �         <![endif]>Proposed regulations - REG–130074–11 (12/5/12) + Correction to prop regs – FR 6781 (1/31/13)

<![if !supportLists]> �         <![endif]> Correction to final regs – FR 4623 (1/29/14)

<![if !supportLists]> �         <![endif]> IRS FAQs

<![if !supportLists]> �         <![endif]> Joint Committee on Taxation, Present Law And Background Relating To The Tax-Related Provisions In The Affordable Care Act (JCX-6-13; 3/4/13), pages 25-30.

<![if !supportLists]> �         <![endif]> Form 8959, Additional Medicare Tax (draft) + draft instructions

Authority for Voluntary Withholding on Other Payments

Temp regs

Prop regs

TD 9646 (11/29/13)

REG–146620–13 (11/29/13)

3402

“Internal Revenue Code (Code) relating to voluntary withholding agreements. The regulations allow the Secretary to issue guidance in the Internal Revenue Bulletin to describe payments for which the Secretary finds that income tax withholding under a voluntary withholding agreement would be appropriate. The text of these temporary regulations also serves as the text of the proposed regulations set forth in the notice of proposed rulemaking on this subject in the Proposed Rules section in this issue of the Federal Register. These temporary regulations affect persons making and persons receiving payments for which the IRS issues subsequent guidance authorizing the parties to enter into voluntary withholding agreements.”

“Expanding the use of voluntary withholding agreements to payments designated by the Secretary as eligible for voluntary withholding will permit taxpayers to use the withholding regime (rather than the estimated tax payment process) to meet their tax payment obligations on a timely basis, minimize the risk of underpayment of taxes, and achieve administrative simplification for taxpayers and the IRS.”

Guidance for Tax-Exempt Social Welfare Organizations on Candidate-Related Political Activities

Prop regs

REG-134417-13 (11/2913)

(IRS released advance copy on 11/26/13)

501(c)(4)

“proposed regulations that provide guidance to tax-exempt social welfare organizations on political activities related to candidates that will not be considered to promote social welfare. These regulations will affect tax-exempt social welfare organizations and organizations seeking such status. This document requests comments from the public regarding these proposed regulations. This document also requests comments from the public regarding the standard under current regulations that considers a tax-exempt social welfare organization to be operated exclusively for the promotion of social welfare if it is “primarily” engaged in activities that promote the common good and general welfare of the people of the community, including how this standard should be measured and whether this standard should be changed.”

“propose to amend Treas. Reg. � 1.501(c)(4)–1(a)(2) to identify specific political activities that would be considered candidate -elated political activities that do not promote social welfare.”

“� 1.501(c)(4)–1 Civic organizations and local associations of employees.

(a) * * *

(2) * * *

(ii) * * * The promotion of social welfare does not include direct or

indirect candidate-related political activity, as defined in paragraph (a)(2)(iii) of this section. * * * …”

IR-2013-92 (11/26/13)

Professor Nellen’s 501(c)(4) reference website.

User Fees for Processing Installment Agreements and Offers in Compromise

Final regs

TD 9647 (12/2/13)

300.1

300.2

300.3

“final regulations that provide user fees charged for processing installment agreements and offers in compromise. The final regulations affect taxpayers who wish to pay their federal tax liabilities through installment agreements and offers in compromise.”

300.1 – Installment agreement fee – increases from $105 to $120 for agreements entered into on or after 1/1/14 (unless reduced fee applies).

300.2 – Restructuring or reinstatement of installment agreement fee – increases from $45 to $50 for restructuring or reinstatement on or after 1/1/14.

300.3 – Offer to compromise fee – increases from $150 to $186 for processing of OIC on or after 1/1/14 (with specified exceptions).

Proposed regs - REG-144990-12 (8/30/13). In the preamble to these regs, the IRS noted that their review of the process found that the full cost of an OIC is $2,718. IRS proposed to increase the fee to $186. It would continue to be zero for low-income taxpayers and those making offers based solely on doubt as to liability. The proposed fee is not at full cost because IRS wants to encourage offers in compromise.

Dividend Equivalents from Sources within the United States

Final regs and removal of temp regs

Prop regs and removal of 2012 prop regs

TD 9648 (12/5/13)

REG–120282–10 (12/5/13)

863

871

881

892

894

1441

1461

“final regulations relating to certain dividend equivalents for purposes of section 871(m) of the Internal Revenue Code (Code). The regulations provide guidance to nonresident alien individuals and foreign corporations that hold specified notional principal contracts providing for payments that are contingent upon or determined by reference to U.S. source dividend payments and to withholding agents.”

Prop regs: “guidance to nonresident alien individuals and foreign corporations that hold certain financial products providing for payments that are contingent upon or determined by reference to U.S. source dividend payments and to withholding agents. It withdraws proposed regulations under section 871(m) that were published in the Federal Register on January 23, 2012 (77 FR 3202).”

Corrections FR 10054 (2/24/14)

Partnerships; Start-Up Expenditures;

Organization and Syndication Fees

REG–126285–12

 (12/9/13)

195

708

709

“proposed regulations concerning the deductibility of start-up expenditures and organizational expenses for partnerships. The proposed regulations provide guidance regarding the deductibility of start-up expenditures and organizational expenses for partnerships following a technical termination of a partnership.”

Finalized in July 2014 (TD 9681 (7/23/14)). Effective for terminations on or after 12/9/13.

Section 3504 Agent Employment Tax Liability

Final regs

TD 9649 (12/10/13)

3504

“final regulations relating to agents authorized by the Secretary under section 3504 of the Internal Revenue Code to perform acts required of employers who are home care service recipients. The final regulations affect employers and their designated agents who pay wages for home care services, which are subject to taxes under the Federal Unemployment Tax Act. The final regulations also modify the existing regulations under section 3504 to be consistent with the organizational structure of the Internal Revenue Service (IRS), and to update the citation to the Internal Revenue Code of 1986.”

Credit for Increasing Research

Activities: Intra-Group Gross Receipts

Prop regs

REG–159420–04

(12/13/13)

41

“proposed regulations under section 41relating to the treatment of qualified research expenditures (QREs) and gross receipts resulting from transactions between members of a controlled group of corporations or a group of trades or businesses under common control (intra-group transactions) for purposes of determining the credit under section 41 for increasing research activities (research credit). These proposed regulations will affect controlled groups of corporations or groups of trades or businesses under common control (controlled groups) that are engaged in research activities.”

Recourse Liabilities of a Partnership and Special Rules for Related Persons

Prop regs

REG–136984–12 (12/16/13)

752

“proposed regulations under section 752 relating to recourse liabilities of a partnership and the special rules for related persons. The proposed regulations affect partnerships and their partners.”

Correction – FR 29701 (5/23/14)

Amendments to Excepted Benefits

Prop regs

(also issued by Dept of Labor and Dept of Health and Human Services)

REG–143172–13 (12/24/13)

9831

“proposed rules that would amend the regulations regarding excepted benefits under the Employee Retirement Income Security Act of 1974, the Internal Revenue Code, and the Public Health Service Act. Excepted benefits are generally exempt from the health reform requirements that were added to those laws by the Health Insurance Portability and Accountability Act and the Patient Protection and Affordable Care Act.”

Definitions and Reporting Requirements for Shareholders of Passive Foreign Investment Companies; Insurance Income of a Controlled Foreign Corporation for Taxable Years Beginning After December 31, 1986

Temp and final regs

Proposed regs

TD 9650

(12/31/13)

REG–140974–11(12/31/13)

1291

1298

6038

6046

“temporary regulations that provide guidance on determining ownership of a passive foreign investment company (‘‘PFIC’’) and on the annual filing requirements for shareholders of PFICs. These temporary regulations primarily affect shareholders of PFICs that do not currently file Form 8621, ‘‘Information Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund,’’ with respect to their PFIC interests. In addition, these temporary regulations provide guidance on an exception to the requirement for certain shareholders of foreign corporations to file Form 5471, ‘‘Information Return of U.S. Persons with Respect to Certain Foreign Corporations.’’ These regulations also update certain rules related to Form 5471 to take into account statutory changes.”

Correction FR 26836 (5/12/14)