He or she must file a written declaration with the Service showing current qualification as an enrolled actuary and current authorization to represent the taxpayer. . . 20171, this Bulletin. A taxpayer may seek oral technical assistance from a taxpayer service representative when preparing a return or report, under established procedures. (3) Requests involving several issues. OBTAINING A LETTER RULING: To obtain a letter ruling on a significant issue presented in a transaction, the taxpayer in its letter ruling request must comply with all the requirements set forth in section 6.03 of Rev. Proc. Proc. . Proc. 20172, this Bulletin. 19. At any time during the course of consideration by EO Determinations, if either EO Determinations or the organization believes that its case involves an issue on which there is no published precedent, or there has been non-uniformity in the Services handling of similar cases, EO Determinations may decide to seek, or the organization may request that EO Determinations seek, technical advice from the Office of Associate Chief Counsel with subject matter jurisdiction over the issue. . . . . penalties of perjury statement required . . Proc. This type of request is referred to as a two-part letter ruling request. 230. 177. If you are a taxpayer preparing your own request without professional assistance, an incomplete checklist will not be cause for returning your request or deferring substantive consideration of the request. See 301.91003(d)(2). . If a tax issue is not under examination, in appeals, or in litigation, the tax issue may be discussed even though the issue is affected by a nontax issue pending in litigation. . tab. If more than one issue is presented in a request for a letter ruling, Employee Plans Rulings and Agreements generally will issue a single letter ruling covering all the issues. . . . Description of terms used in this revenue procedure, Section 2. . The Service may grant the request when a factor outside a taxpayers control creates a real business need to obtain a letter ruling or determination letter before a certain date to avoid serious business consequences. The non-acceptance under section 4.10 of a request for a determination letter is not a final adverse determination. (5) Section 954.Foreign Base Company Income.The effective rate of tax that a foreign country will impose on income. The Commissioners consent to an otherwise qualifying automatic change in method of accounting is granted only if the taxpayer complies timely with the applicable automatic change request procedure. See section 7.01(10) of this revenue procedure; (d) another letter ruling request (including an application for change in method of accounting), involving the same or similar issue as that pending with the Service, has been submitted by the taxpayer or a related party within the meaning of 267 or a member of an affiliated group of which the taxpayer is also a member within the meaning of 1504; (e) in qualified retirement plan matters, the issue is being considered by the Pension Benefit Guaranty Corporation or the Department of Labor; or. 9265, 19922 C.B. The taxpayer or the taxpayers representative ordinarily will be asked whether an oral request for advice or information relates to a matter pending before another office of the Service or before a Federal court. The Associate office may impose a shorter reply period for a request for additional information made after an initial request. . A taxpayer should use Form 2848, Power of Attorney and Declaration of Representative, to provide the representatives authority. See also section 6.02(8) of Rev. . . See, e.g., 5 U.S.C. .06 Oral advice is advisory only, and is not binding on the Service. . . . . . . [59], The most common monkey species found in animal research are the grivet, the rhesus macaque, and the crab-eating macaque, which are either wild-caught or purpose-bred. . . (79) Section 641.Imposition of Tax.Whether the period of administration or settlement of an estate or a trust (other than a trust described in 664) is reasonable or unduly prolonged. . (a) the Office of Associate Chief Counsel (Corporate), the Office of Associate Chief Counsel (Financial Institutions and Products), the Office of Associate Chief Counsel (Income Tax and Accounting), the Office of Associate Chief Counsel (Passthroughs and Special Industries), or the Office of Associate Chief Counsel (Tax Exempt and Government Entities), the Office of the Associate Chief Counsel (Procedure and Administration), the appropriate branch to call may be obtained by calling (202) 317-5221 (not a toll-free call); (b) the Office of the Associate Chief Counsel (International), the appropriate branch to call may be obtained by calling (202) 317-3800 (not a toll-free call). 200621, 20061 C.B. 200862, 200842 I.R.B. (2) that a representative of that branch or Associate office will contact the taxpayer within 21 calendar days after receiving the referral to discuss informally the procedural and, to the extent possible, the substantive issues in the request. Either the enrollment number or the expiration date of the enrollment card must be included in the declaration. . . In similar situations, the Service will not ordinarily issue rulings or determination letters concerning questions arising under paragraphs (3), (4), and (5) of 141(b). (6) Section 881.Tax on Income of Foreign Corporations Not Connected with United States Business.Whether the income earned on contracts that do not qualify as annuities or life insurance contracts because of the limitations imposed by 72(s) and 7702(a) is portfolio interest as defined in 881(c). For purposes of this section 5.01(3), investment assets has the meaning given such term by 355(g)(2)(B), except as follows: (i) in the case of stock or securities in a corporation any stock of which is traded on (or subject to the rules of) an established financial market within the meaning of 1.1092(d)1(b) (publicly traded stock), 355(g)(2)(B)(iv) is applied by substituting 50-percent for 20-percent; (ii) except as provided in clause (iv) of this sentence, an interest in a publicly traded partnership (as defined in 7704(b), regardless of whether such partnership is treated as a corporation pursuant to 7704(a)) is treated in the same manner as publicly traded stock; (iii) except as provided in clause (iv) of this sentence, an interest in a partnership that is not a publicly traded partnership is treated in the same manner as stock which is not publicly traded stock; and (iv) in the case of an interest in a partnership (other than a publicly traded partnership treated as a corporation pursuant to 7704(a)), the active trade or business of which is taken into account by the distributing corporation or the controlled corporation for purposes of 355(b), or would be taken into account without regard to the five-year requirement of 355(b)(2)(B), clauses (ii) and (iii) of this sentence do not apply. 91; Rev. . Have you (or your authorized representative) signed and dated the request? . . . 20174, this Bulletin. Complete the four items of information requested before the checklist. At the discretion of the Service and as time permits, Service employees may also discuss substantive issues with taxpayers or their representatives. . The memorandum must include a statement of all the facts and the issues. . See section 6.03(3). (3) is pending in litigation in a case involving the taxpayer or a related taxpayer; (4) has been examined by a Field office or considered by Appeals and the statutory period of limitations on assessment or on filing a claim for refund or credit of tax has not expired; or. Depending on all facts and circumstances, the shareholders reliance on the letter ruling may be in good faith. (12) Procedures for issues pending in litigation have been clarified. requesting a conference . (d) Tax Exempt and Government Entities Division (TE/GE), which serves three distinct taxpayer segments: employee plans (including IRAs), exempt organizations, and government entities. . 201048, 201050, I.R.B. (12) Section 2038.Revocable Transfers.Whether the corpus of a trust will be included in a grantors estate when the trustee of the trust is a private trust company owned partially or entirely by members of the grantors family. .04 Signature on request. (3) For requests for the return to the employer of certain nondeductible contributions, see Rev. However, see Rev. See Rev. . identify and define the significant products produced by about 370 US service industries. . . A taxpayer may use Form 8821, Tax Information Authorization, to authorize an individual to receive a copy of the taxpayers change in method of accounting letter ruling and other related correspondence. (10) Section 1014.Basis of Property Acquired from a Decedent.Whether the assets in a grantor trust receive a 1014 basis adjustment at the death of the deemed owner of the trust for income tax purposes when those assets are not includible in the gross estate of that owner under chapter 11 of subtitle B of the Internal Revenue Code. (a) is currently under examination, before Appeals, or before a Federal court; (b) was previously under examination, before Appeals, or before a Federal court; (c) in qualified retirement plan matters, is being considered by the Pension Benefit Guaranty Corporation or the Department of Labor; or. . . . 4. ], c. [Provide the statement required by section 7.01(5)(b) regarding whether the taxpayer, a related taxpayer, a predecessor, or any representatives previously submitted a request (including an application for change in method of accounting) involving the same or similar issue but withdrew the request before a letter ruling or determination letter was issued. . Rev. When computing test probabilities, we call gp with additional test inputs, and as the last argument a vector of targets for which the log probabilities lp should be computed. . If the statement is affirmative, for each separate and distinct trade or business, give a description of each request and the year of change and whether consent was obtained. Proc. 8437, 19841 C.B. Proc. 9729, 19971 C.B. Proc. . . .. . . A closing agreement may also be entered into with respect to retirement plan failures corrected under EPCRS, as set forth in Rev. . (10) Whether an amount received (in periodic payments or as a lump sum) in connection with a legal action or a settlement of a legal action is properly allocated (including an allocation of all payments to one category) to recovery of capital, compensatory damages, punitive damages, dividends, interest, back pay, etc., for Federal tax purposes. and Mexico for NAICS 55-Management of Companies and Enterprises, NAICS 621210-Offices of .04 An organization applying for recognition of exempt status must attach a completed Form 8718, User Fee for Exempt Organization Determination Letter Request, to its application, unless the organization is submitting Form 1023 or Form 1023-EZ. . Proc. . The Service will usually not rule on only one step of a larger integrated transaction. ________________________________________, 5. .01 Rev. . 20172, this Bulletin. 20174 and Rev. Detailed Description of the Transaction. Proc. 16. . 20172, this Bulletin. If unusual circumstances close to the end of the 21-day period make a written request impractical, the taxpayer should notify the Associate office within the 21-day period that there is a problem and that the written request for extension will be provided shortly. Taxpayers that use Form 2848, Power of Attorney and Declaration of Representative, to designate representatives, may request that copies of notices and communications be sent to the representatives listed at Line 2 by checking the corresponding box on Line 2. Employee Plans Rulings and Agreements issues determination letters on the qualified status of pension, profit-sharing, stock bonus, annuity, and employee stock ownership plans under 401, 403(a), 409 and 4975(e)(7), and the status for exemption of any related trusts or custodial accounts under 501(a). A sample notice setting forth the above information in a case in which the additional information required by sections 20.05 through 20.09 of this revenue procedure will be made available at places accessible to the interested parties is provided in Exhibit B to this revenue procedure. A taxpayers failure to submit the additional information requested is considered a failure to participate in a material stage of the TAM process and results in a waiver of the right to the taxpayer conference discussed in section 9. . Proc. If the proposed transaction involves either an additional use of welfare benefit fund assets (for example, providing benefits to a new group of employees or providing a new type of benefit) or a transfer of assets between or among two or more welfare benefit funds, the application should state whether the employer has an obligation, in the current or any future year, to provide the benefits. . (7) Any frivolous issue, as that term is defined in 6.10 of Rev. . 20171 for changes in method of accounting . The Service does not orally issue rulings or determinations, nor does it issue letter rulings or determination letters in response to oral requests from taxpayers. 200129, 20011 C.B. If documents are not electronically available, or if documents cannot reasonably be transmitted electronically, the request for a pre-submission conference and pre-submission materials may be sent by fax to TSS4510 at 855-592-8976 or by express mail or private delivery service to the following address to avoid any delays in regular mail: .06 After the pre-submission materials have been received, the Associate office responsible for conducting the pre-submission conference will contact the taxpayer, the field office, and field counsel to arrange a mutually convenient time for the parties to participate in the conference. 8617, tribal governments or subdivisions recognized under 7701(a)(40) or 7871(d) will be included in the list of recognized tribal government entities in future lists of federally recognized Indian tribes published annually by the Department of the Interior, Bureau of Indian Affairs, or revised versions of Rev. . There is no right to appeal the denial of a request for an extension. .04 When a request for a TAM concerns only the application of 7805(b), the taxpayer has the right to a conference with the Associate office in accordance with the provisions of section 9 of this revenue procedure. Have you included the required statement regarding whether the taxpayer or a related taxpayer had, or has scheduled, a pre-submission conference involving the same or a similar issue? It also provides procedures for the Service to receive and consider comments about the ruling request from interested persons. .07 A letter ruling issued by Employee Plans Rulings and Agreements on a particular transaction represents a holding of the Service on that transaction only. (3) Reconsideration of request for relief under 7805(b). . (72) Sections 501, 511, 512, 513, and 514.Exemption from Tax on Corporations, Certain Trusts, Etc. . .01 This section explains the specific procedures for requesting a determination letter by letter. See section 20 of Revenue Procedure 201637 regarding the effect of employer modifications on the six-year remedial amendment cycle. . 44. The projected delivery dates of the defense articles or services, or design and construction services; C5.5.5.6.15. .06 Issues under the jurisdiction of the Associate Chief Counsel (Procedure and Administration) include those that involve Federal tax procedure and administration, disclosure and privacy law, reporting and paying taxes (including payment of taxes under 6166), assessing and collecting taxes (including interest and penalties), abating, crediting, or refunding overassessments or overpayments of tax, and filing information returns.