[Title 26 CFR ]
[Code of Federal Regulations (annual edition) - April 1, 2011 Edition]
[From the U.S. Government Printing Office]



[[Page 1]]

          

          Title 26

Internal Revenue


________________________

Parts 300 to 499

                         Revised as of April 1, 2011

          Containing a codification of documents of general 
          applicability and future effect

          As of April 1, 2011
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as a 
                    Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 26:
          Chapter I--Internal Revenue Service, Department of 
          the Treasury (Continued)                                   3
  Finding Aids:
      Table of CFR Titles and Chapters........................     851
      Alphabetical List of Agencies Appearing in the CFR......     871
      Table of OMB Control Numbers............................     881
      List of CFR Sections Affected...........................     899

[[Page iv]]





                     ----------------------------

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 26 CFR 300.0 refers 
                       to title 26, part 300, 
                       section 0.

                     ----------------------------

[[Page v]]



                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, April 1, 2011), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
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instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
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inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
April 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning April 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

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established by statute and allows Federal agencies to meet the 
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to materials already published elsewhere. For an incorporation to be 
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This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    What if the material incorporated by reference cannot be found? If 
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CFR INDEXES AND TABULAR GUIDES

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    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
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the revision dates of the 50 CFR titles.

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in the Code of Federal Regulations.

INQUIRIES

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    April 1, 2011.







[[Page ix]]



                               THIS TITLE

    Title 26--Internal Revenue is composed of twenty volumes. The 
contents of these volumes represent all current regulations issued by 
the Internal Revenue Service, Department of the Treasury, as of April 1, 
2011. The first thirteen volumes comprise part 1 (Subchapter A--Income 
Tax) and are arranged by sections as follows: Sec. Sec.  1.0-1.60; 
Sec. Sec.  1.61-1.169; Sec. Sec.  1.170-1.300; Sec. Sec.  1.301-1.400; 
Sec. Sec.  1.401-1.440; Sec. Sec.  1.441-1.500; Sec. Sec.  1.501-1.640; 
Sec. Sec.  1.641-1.850; Sec. Sec.  1.851-1.907; Sec. Sec.  1.908-1.1000; 
Sec. Sec.  1.1001-1.1400; Sec. Sec.  1.1401-1.1550; and Sec.  1.1551 to 
end. The fourteenth volume containing parts 2-29, includes the remainder 
of subchapter A and all of Subchapter B--Estate and Gift Taxes. The last 
six volumes contain parts 30-39 (Subchapter C--Employment Taxes and 
Collection of Income Tax at Source); parts 40-49; parts 50-299 
(Subchapter D--Miscellaneous Excise Taxes); parts 300-499 (Subchapter 
F--Procedure and Administration); parts 500-599 (Subchapter G--
Regulations under Tax Conventions); and part 600 to end (Subchapter H--
Internal Revenue Practice).

    The OMB control numbers for Title 26 appear in Sec.  602.101 of this 
chapter. For the convenience of the user, Sec.  602.101 appears in the 
Finding Aids section of the volumes containing parts 1 to 599.

    For this volume, Susannah C. Hurley was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[Page 1]]



                       TITLE 26--INTERNAL REVENUE




                  (This book contains parts 300 to 499)

  --------------------------------------------------------------------
                                                                    Part

chapter i--Internal Revenue Service, Department of the 
  Treasury (Continued)......................................         300

[[Page 3]]



    CHAPTER I--INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY 
                               (CONTINUED)




  --------------------------------------------------------------------


  Editorial Note: IRS published a document at 45 FR 6088, Jan. 25, 1980, 
deleting statutory sections from their regulations. In chapter I cross 
references to the deleted material have been changed to the 
corresponding sections of the IRS Code of 1954 or to the appropriate 
regulations sections. When either such change produced a redundancy, the 
cross reference has been deleted. For further explanation, see 45 FR 
20795, Mar. 31, 1980.

               SUBCHAPTER F--PROCEDURE AND ADMINISTRATION
Part                                                                Page
300             User fees...................................           5
301             Procedure and administration................           7
302             Taxes under the International Claims 
                    Settlement Act, as amended August 9, 
                    1955....................................         812
303             Taxes under the Trading With the Enemy Act..         818
304

[Reserved]

305             Temporary procedural and administrative tax 
                    regulations under the Indian Tribal 
                    Governmental Tax Status Act of 1982.....         824
306-399

[Reserved]

400             Temporary regulations under the Federal Tax 
                    Lien Act of 1966........................         826
402

[Reserved]

403             Disposition of seized personal property.....         839
404             Temporary regulations on procedure and 
                    administration under the Tax Reform Act 
                    of 1976.................................         845
405-419

[Reserved]

420             Temporary regulations on procedure and 
                    administration under the Employee 
                    Retirement Income Security Act of 1974..         847
421-499

[Reserved]

[[Page 5]]



                SUBCHAPTER F_PROCEDURE AND ADMINISTRATION


PART 300_USER FEES--Table of Contents



Sec.
300.0 User fees; in general.
300.1 Installment agreement fee.
300.2 Restructuring or reinstatement of installment agreement fee.
300.3 Offer to compromise fee.
300.4 Special enrollment examination fee.
300.5 Enrollment of enrolled agent fee.
300.6 Renewal of enrollment of enrolled agent fee.
300.7 Enrollment of enrolled actuary fee.
300.8 Renewal of enrollment of enrolled actuary fee.
300.9 Fee for obtaining a preparer tax identification number.

    Authority: 31 U.S.C. 9701.

    Source: T.D. 8589, 60 FR 8299, Feb. 14, 1995, unless otherwise 
noted.



Sec. 300.0  User fees; in general.

    (a) In general. The regulations in this part 300 are designated the 
User Fee Regulations and provide rules relating to user fees under 31 
U.S.C. 9701.
    (b) Applicability. User fees are imposed on the following services:
    (1) Entering into an installment agreement.
    (2) Restructuring or reinstating an installment agreement.
    (3) Processing an offer to compromise.
    (4) Taking the special enrollment examination to become an enrolled 
agent.
    (5) Enrolling an enrolled agent.
    (6) Renewing the enrollment of an enrolled agent.
    (7) Enrolling an enrolled actuary.
    (8) Renewing the enrollment of an enrolled actuary.
    (9) Applying for a preparer tax identification number.

[T.D. 8589, 60 FR 8299, Feb. 14, 1995, as amended by T.D. 9086, 68 FR 
48787, Aug. 15, 2003; T.D. 9288, 71 FR 58742, Oct. 5, 2006; T.D. 9306, 
71 FR 78075, Dec. 28, 2006; T.D. 9370, 72 FR 72607, Dec. 21, 2007; T.D. 
9503, 75 FR 60320, Sept. 30, 2010]



Sec. 300.1  Installment agreement fee.

    (a) Applicability. This section applies to installment agreements 
under section 6159 of the Internal Revenue Code.
    (b) Fee. The fee for entering into an installment agreement before 
January 1, 2007, is $43. The fee for entering into an installment 
agreement on or after January 1, 2007, is $105, except that:
    (1) The fee is $52 when the taxpayer pays by way of a direct debit 
from the taxpayer's bank account; and
    (2) Notwithstanding the method of payment, the fee is $43 if the 
taxpayer is a low-income taxpayer, that is, an individual who falls at 
or below 250% of the dollar criteria established by the poverty 
guidelines updated annually in the Federal Register by the U.S. 
Department of Health and Human Services under authority of section 
673(2) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 357, 
511), or such other measure that is adopted by the Secretary.
    (c) Person liable for fee. The person liable for the installment 
agreement fee is the taxpayer entering into an installment agreement.
    (d) Effective/applicability date. This section is applicable 
beginning March 16, 1995, except that the user fee for entering into 
installment agreements on or after January 1, 2007, is applicable 
January 1, 2007.

[T.D. 8589, 60 FR 8299, Feb. 14, 1995, as amended by T.D. 9306, 71 FR 
78075, Dec. 28, 2006; T.D. 9503, 75 FR 60320, Sept. 30, 2010]



Sec. 300.2  Restructuring or reinstatement of installment agreement fee.

    (a) Applicability. This section applies to installment agreements 
under section 6159 of the Internal Revenue Code that are in default. An 
installment agreement is deemed to be in default when a taxpayer fails 
to meet any of the conditions of the installment agreement.
    (b) Fee. The fee for restructuring or reinstating an installment 
agreement before January 1, 2007, is $24. The fee for restructuring or 
reinstating an installment agreement on or after January 1, 2007, is 
$45.
    (c) Person liable for fee. The person liable for the restructuring 
or reinstatement fee is the taxpayer that has an installment agreement 
restructured or reinstated.

[[Page 6]]

    (d) Effective/applicability date. This section is applicable 
beginning March 16, 1995, except that the user fee for restructuring or 
reinstatement of an installment agreement on or after January 1, 2007, 
is applicable January 1, 2007.

[T.D. 8589, 60 FR 8299, Feb. 14, 1995, as amended by T.D. 9306, 71 FR 
78075, Dec. 28, 2006; T.D. 9503, 75 FR 60320, Sept. 30, 2010]



Sec. 300.3  Offer to compromise fee.

    (a) Applicability. This section applies to the processing of offers 
to compromise tax liabilities pursuant to Sec. 301.7122-1 of this 
chapter. Except as provided in this section, this fee applies to all 
offers to compromise accepted for processing.
    (b) Fee. (1) The fee for processing an offer to compromise is 
$150.00, except that no fee will be charged if an offer is--
    (i) Based solely on doubt as to liability as defined in Sec. 
301.7122-1(b)(1) of this chapter; or
    (ii) Made by a low income taxpayer, that is, an individual who falls 
at or below the dollar criteria established by the poverty guidelines 
updated annually in the Federal Register by the U.S. Department of 
Health and Human Services under authority of section 673(2) of the 
Omnibus Budget Reconciliation Act of 1981 (95 Stat. 357, 511) or such 
other measure that is adopted by the Secretary.
    (2) The fee will be applied against the amount of the offer, unless 
the taxpayer requests that it be refunded, if the offer is--
    (i) Accepted to promote effective tax administration pursuant to 
Sec. 301.7122-1(b)(3) of this chapter; or
    (ii) Accepted based on doubt as to collectibility and a 
determination that collection of an amount greater than the amount 
offered would create economic hardship within the meaning of Sec. 
301.6343-1 of this chapter.
    (3) Except as otherwise provided in this paragraph (b), the fee will 
not be refunded to the taxpayer if the offer is accepted, rejected, 
withdrawn, or returned as nonprocessable after acceptance for 
processing.
    (4) No additional fee will be charged if a taxpayer resubmits an 
offer the Secretary determines to have been rejected in error or 
returned in error after acceptance for processing.
    (c) Person liable for the fee. The person liable for the processing 
fee is the taxpayer whose tax liabilities are the subject of the offer.
    (d) Effective/applicability date. This section is applicable 
beginning November 1, 2003.

[T.D. 9086, 68 FR 48787, Aug. 15, 2003, as amended by T.D. 9503, 75 FR 
60320, Sept. 30, 2010]



Sec. 300.4  Special enrollment examination fee.

    (a) Applicability. This section applies to the special enrollment 
examination to become an enrolled agent pursuant to 31 CFR 10.4(a).
    (b) Fee. The fee for taking the special enrollment examination is 
$11 per part, which is the government cost for overseeing the 
examination and does not include any fees charged by the examination 
administrator.
    (c) Person liable for the fee. The person liable for the special 
enrollment examination fee is the applicant taking the examination.
    (d) Effective/applicability date. This section is applicable 
beginning November 6, 2006.

[T.D. 9288, 71 FR 58742, Oct. 5, 2006, as amended by T.D. 9503, 75 FR 
60320, Sept. 30, 2010]



Sec. 300.5  Enrollment of enrolled agent fee.

    (a) Applicability. This section applies to the initial enrollment of 
enrolled agents with the IRS Office of Professional Responsibility 
pursuant to 31 CFR 10.5(b).
    (b) Fee. The fee for initially enrolling as an enrolled agent with 
the IRS Office of Professional Responsibility is $125.
    (c) Person liable for the fee. The person liable for the enrollment 
fee is the applicant filing for enrollment as an enrolled agent with the 
IRS Office of Professional Responsibility.
    (d) Effective/applicability date. This section is applicable 
beginning November 6, 2006.

[T.D. 9288, 71 FR 58742, Oct. 5, 2006, as amended by T.D. 9503, 75 FR 
60320, Sept. 30, 2010]

[[Page 7]]



Sec. 300.6  Renewal of enrollment of enrolled agent fee.

    (a) Applicability. This section applies to the renewal of enrollment 
of enrolled agents with the IRS Office of Professional Responsibility 
pursuant to 31 CFR 10.6(d)(6).
    (b) Fee. The fee for renewal of enrollment as an enrolled agent with 
the IRS Office of Professional Responsibility is $125.
    (c) Person liable for the fee. The person liable for the renewal of 
enrollment fee is the person renewing their enrollment as an enrolled 
agent with the IRS Office of Professional Responsibility.
    (d) Effective/applicability date. This section is applicable 
beginning November 6, 2006.

[T.D. 9288, 71 FR 58742, Oct. 5, 2006, as amended by T.D. 9503, 75 FR 
60321, Sept. 30, 2010]



Sec. 300.7  Enrollment of enrolled actuary fee.

    (a) Applicability. This section applies to the initial enrollment of 
enrolled actuaries with the Joint Board for the Enrollment of Actuaries 
pursuant to 20 CFR Part 901.
    (b) Fee. The fee for initially enrolling as an enrolled actuary with 
the Joint Board for the Enrollment of Actuaries is $250.00.
    (c) Person liable for the fee. The person liable for the enrollment 
fee is the applicant filing for enrollment as an enrolled actuary with 
the Joint Board for the Enrollment of Actuaries.
    (d) Effective/applicability date. This section is applicable 
beginning January 22, 2008.

[T.D. 9370, 72 FR 72607, Dec. 21, 2007, as amended by T.D. 9503, 75 FR 
60321, Sept. 30, 2010]



Sec. 300.8  Renewal of enrollment of enrolled actuary fee.

    (a) Applicability. This section applies to the renewal of enrollment 
of enrolled actuaries with the Joint Board for the Enrollment of 
Actuaries pursuant to 20 CFR Part 901.
    (b) Fee. The fee for renewal of enrollment as an enrolled actuary 
with the Joint Board for the Enrollment of Actuaries is $250.00.
    (c) Person liable for the fee. The person liable for the renewal of 
enrollment fee is the person renewing their enrollment as an enrolled 
actuary with the Joint Board for the Enrollment of Actuaries.
    (d) Effective/applicability date. This section is applicable 
beginning January 22, 2008.

[T.D. 9370, 72 FR 72607, Dec. 21, 2007, as amended by T.D. 9503, 75 FR 
60321, Sept. 30, 2010]



Sec. 300.9  Fee for obtaining a preparer tax identification number.

    (a) Applicability. This section applies to the application for and 
renewal of a preparer tax identification number pursuant to 26 CFR 
1.6109-2(d).
    (b) Fee. The fee to apply for or renew a preparer tax identification 
number is $50 per year, which is the cost to the government for 
processing the application for a preparer tax identification number and 
does not include any fees charged by the vendor.
    (c) Person liable for the fee. The individual liable for the 
application or renewal fee is the individual applying for and renewing a 
preparer tax identification number from the IRS.
    (d) Effective/applicability date. This section is applicable 
beginning September 30, 2010.

[T.D. 9503, 75 FR 60321, Sept. 30, 2010]



PART 301_PROCEDURE AND ADMINISTRATION--Table of Contents



                         Information and Returns

                           Returns and Records

                records, statements, and special returns

Sec.
301.269B-1 Stapled foreign corporations.
301.6001-1 Notice or regulations requiring records, statements, and 
          special returns.

                        tax returns or statements

                           General Requirement

301.6011-1 General requirement of return, statement or list.
301.6011-2 Required use of magnetic media.
301.6011-3 Required use of magnetic media for partnership returns.
301.6011-5 Required use of magnetic media for corporate income tax 
          returns.
301.6011-6 Statement of series and series organizations [Reserved]

[[Page 8]]

301.6011-7 Specified tax return preparers required to file individual 
          income tax returns using magnetic media.
301.6011(g)-1 Disclosure by taxable party to the tax-exempt entity.

                           Income Tax Returns

301.6012-1 Persons required to make returns of income.
301.6013-1 Joint returns of income tax by husband and wife.
301.6014-1 Income tax return--tax not computed by taxpayer.
301.6015-1 Declaration of estimated income tax by individuals.
301.6016-1 Declarations of estimated income tax by corporations.
301.6017-1 Self-employment tax returns.

                       Estate and Gift Tax Returns

301.6018-1 Estate tax returns.
301.6019-1 Gift tax returns.

                        Miscellaneous Provisions

301.6020-1 Returns prepared or executed by the Commissioner or other 
          Internal Revenue Officers.
301.6021-1 Listing by district directors of taxable objects owned by 
          nonresidents of internal revenue districts.

                           information returns

      Information Concerning Persons Subject to Special Provisions

301.6031(a)-1 Return of partnership income.
301.6032-1 Returns of banks with respect to common trust funds.
301.6033-1 Returns by exempt organizations.
301.6033-4 Required use of magnetic media for returns by organizations 
          required to file returns under section 6033.
301.6033-5 Disclosure by tax-exempt entities that are parties to certain 
          reportable transactions.
301.6034-1 Returns by trusts described in section 4947(a)(2) or claiming 
          charitable or other deductions under section 642(c).
301.6035-1 Returns of officers, directors, and shareholders of foreign 
          personal holding companies.
301.6036-1 Notice required of executor or of receiver or other like 
          fiduciary.
301.6037-1 Return of electing small business corporation.
301.6037-2 Required use of magnetic media for returns of electing small 
          business corporation.
301.6038-1 Information returns required of U.S. persons with respect to 
          certain foreign corporations.
301.6039-1 Information returns and statements required in connection 
          with certain options.

         Information Concerning Transactions With Other Persons

301.6041-1 Returns of information regarding certain payments.
301.6042-1 Returns of information regarding payments of dividends and 
          corporate earnings and profits.
301.6043-1 Returns regarding liquidation, dissolution, termination, or 
          contraction.
301.6044-1 Returns of information regarding payments of patronage 
          dividends.
301.6046-1 Returns as to organization or reorganization of foreign 
          corporations and as to acquisitions of their stock.
301.6047-1 Information relating to certain trusts and annuity and bond 
          purchase plans.
301.6048-1 Returns as to creation of or transfers to certain foreign 
          trusts.
301.6049-1 Returns regarding payments of interest.
301.6050A-1 Information returns regarding services performed by certain 
          crewmen on fishing boats.
301.6050M-1 Information returns relating to persons receiving contracts 
          from certain Federal executive agencies.

               Information Regarding Wages Paid Employees

301.6051-1 Receipts for employees.
301.6052-1 Information returns and statements regarding payment of wages 
          in the form of group-term life insurance.
301.6057-1 Employee retirement benefit plans; identification of 
          participant with deferred vested retirement benefit.
301.6057-2 Employee retirement benefit plans; notification of change in 
          plan status.
301.6058-1 Information required in connection with certain plans of 
          deferred compensation.
301.6059-1 Periodic report of actuary.

          signing and verifying of returns and other documents

301.6061-1 Signing of returns and other documents.
301.6062-1 Signing of corporation returns.
301.6063-1 Signing of partnership returns.
301.6064-1 Signature presumed authentic.
301.6065-1 Verification of returns.

               time for filing returns and other documents

301.6071-1 Time for filing returns and other documents.
301.6072-1 Time for filing income tax returns.
301.6073-1 Time for filing declarations of estimated income tax by 
          individuals.
301.6074-1 Time for filing declarations of estimated income tax by 
          corporations.
301.6075-1 Time for filing estate and gift tax returns.

[[Page 9]]

                  extension of time for filing returns

301.6081-1 Extension of time for filing returns.
301.6081-2 Automatic extension of time for filing an information return 
          with respect to certain foreign trusts.

               place for filing returns or other documents

301.6091-1 Place for filing returns and other documents.
301.6096-1 Designation by individuals for taxable years beginning after 
          December 31, 1972.
301.6096-2 Designation by individuals for taxable years ending on or 
          after December 31, 1972 and beginning before January 1, 1973.

                        miscellaneous provisions

301.6101-1 Period covered by returns or other documents.
301.6102-1 Computations on returns or other documents.
301.6103(a)-1 Disclosures after December 31, 1976, by officers and 
          employees of Federal agencies of returns and return 
          information (including taxpayer return information) disclosed 
          to such officers and employees by the Internal Revenue Service 
          before January 1, 1977, for a purpose not involving tax 
          administration.
301.6103(a)-2 Disclosures after December 31, 1976, by attorneys of the 
          Department of Justice and officers and employees of the Office 
          of the Chief Counsel for the Internal Revenue Service of 
          returns and return information (including taxpayer return 
          information) disclosed to such attorneys, officers, and 
          employees by the Service before January 1, 1977, for a purpose 
          involving tax administration.
301.6103(c)-1 Disclosure of returns and return information to designee 
          of taxpayer.
301.6103(h)(2)-1 Disclosure of returns and return information (including 
          taxpayer return information) to and by officers and employees 
          of the Department of Justice for use in Federal grand jury 
          proceeding, or in preparation for proceeding or investigation, 
          involving tax administration.
301.6103(i)-1 Disclosure of returns and return information (including 
          taxpayer return information) to and by officers and employees 
          of the Department of Justice or another Federal agency for use 
          in Federal grand jury proceeding, or preparation for 
          proceeding or investigation, involving enforcement of Federal 
          criminal statute not involving tax administration.
301.6103(j)(1)-1 Disclosures of return information reflected on returns 
          to officers and employees of the Department of Commerce for 
          certain statistical purposes and related activities.
301.6103(j)(1)-1T Disclosures of return information reflected on returns 
          to officers and employees of the Department of Commerce for 
          certain statistical purposes and related activities 
          (temporary).
301.6103(j)(5)-1 Disclosures of return information reflected on returns 
          to officers and employees of the Department of Agriculture for 
          conducting the census of agriculture.
301.6103(k)(6)-1 Disclosure of return information by certain officers 
          and employees for investigative purposes.
301.6103(k)(9)-1 Disclosure of returns and return information relating 
          to payment of tax by credit card and debit card.
301.6103(l)-1 Disclosure of returns and return information for purposes 
          other than tax administration.
301.6103(l)(2)-1 Disclosure of returns and return information to Pension 
          Benefit Guaranty Corporation for purposes of research and 
          studies.
301.6103(l)(2)-2 Disclosure of returns and return information to 
          Department of Labor for purposes of research and studies.
301.6103(l)(2)-3 Disclosure to Department of Labor and Pension Benefit 
          Guaranty Corporation of certain returns and return 
          information.
301.6103(l)(14)-1 Disclosure of return information to United States 
          Customs Service.
301.6103(m)-1 Disclosure of taxpayer identity information.
301.6103(n)-1 Disclosure of returns and return information in connection 
          with written contracts or agreements for the acquisition of 
          property or services for tax administration purposes.
301.6103(n)-2 Disclosure of return information in connection with 
          written contracts among the IRS, whistleblowers, and legal 
          representatives of whistleblowers.
301.6103(p)(2)(B)-1 Disclosure of returns and return information by 
          other agencies.
301.6103(p)(4)-1 Procedures relating to safeguards for returns or return 
          information.
301.6103(p)(7)-1 Procedures for administrative review of a determination 
          that an authorized recipient has failed to safeguard returns 
          or return information.
301.6104(a)-1 Public inspection of material relating to tax-exempt 
          organizations.
301.6104(a)-2 Public inspection of material relating to pension and 
          other plans.
301.6104(a)-3 Public inspection of Internal Revenue Service letters and 
          documents relating to pension and other plans.
301.6104(a)-4 Requirement for 26 or more plan participants.
301.6104(a)-5 Withholding of certain information from public inspection.
301.6104(a)-6 Procedural rules for inspection.
301.6104(b)-1 Publicity of information on certain information returns.

[[Page 10]]

301.6104(c)-1 Disclosure of certain information to State officers.
301.6104(d)-0 Table of contents.
301.6104(d)-1 Public inspection and distribution of applications for tax 
          exemption and annual information returns of tax-exempt 
          organizations.
301.6104(d)-2 Making applications and returns widely available.
301.6104(d)-3 Tax-exempt organization subject to harassment campaign.
301.6105-1 Compilation of relief from excess profits tax cases.
301.6106-1 Publicity of unemployment tax returns.
301.6108-1 Publication of statistics of income.
301.6109-1 Identifying numbers.
301.6109-2 Authority of the Secretary of Agriculture to collect employer 
          identification numbers for purposes of the Food Stamp Act of 
          1977.
301.6109-3 IRS adoption taxpayer identification numbers.
301.6110-1 Public inspection of written determinations and background 
          file documents.
301.6110-2 Meaning of terms.
301.6110-3 Deletion of certain information in written determinations 
          open to public inspection.
301.6110-4 Communications from third parties.
301.6110-5 Notice and time requirements; actions to restrain disclosure; 
          actions to obtain additional disclosure.
301.6110-6 Written determinations issued in response to requests 
          submitted before November 1, 1976.
301.6110-7 Miscellaneous provisions.
301.6111-1T Questions and answers relating to tax shelter registration.
301.6111-2 Confidential corporate tax shelters.
301.6111-3 Disclosure of reportable transactions.
301.6112-1 Material advisors of reportable transactions must keep lists 
          of advisees, etc.
301.6114-1 Treaty--based return positions.

                      Time and Place for Paying Tax

                  Place and Due Date for Payment of Tax

301.6151-1 Time and place for paying tax shown on returns.
301.6153-1 Installment payments of estimated income tax by individuals.
301.6155-1 Payment on notice and demand.
301.6159-0 Table of contents.
301.6159-1 Agreements for the payment of tax liabilities in 
          installments.

                      Extension of Time for Payment

301.6161-1 Extension of time for paying tax.
301.6162-1 Extension of time for payment of tax on gain attributable to 
          liquidation of personal holding companies.
301.6163-1 Extension of time for payment of estate tax on value of 
          reversionary or remainder interest in property.
301.6164-1 Extension of time for payment of taxes by corporations 
          expecting carrybacks.
301.6165-1 Bonds where time to pay the tax or deficiency has been 
          extended.
301.6166-1 Extension of time for payment of estate tax where estate 
          consists largely of interest in closely held business.

                               Assessment

                               In General

301.6201-1 Assessment authority.
301.6203-1 Method of assessment.
301.6204-1 Supplemental assessments.
301.6205-1 Special rules applicable to certain employment taxes.

                          Deficiency Procedures

301.6211-1 Deficiency defined.
301.6212-1 Notice of deficiency.
301.6212-2 Definition of last known address.
301.6213-1 Restrictions applicable to deficiencies; petition to Tax 
          Court.
301.6215-1 Assessment of deficiency found by Tax Court.
301.6221-1 Tax treatment determined at partnership level.
301.6222(a)-1 Consistent treatment of partnership items.
301.6222(a)-2 Application of consistent reporting and notification rules 
          to indirect partners.
301.6222(b)-1 Notification to the Internal Revenue Service when 
          partnership items are treated inconsistently.
301.6222(b)-2 Effect of notification of inconsistent treatment.
301.6222(b)-3 Partner receiving incorrect schedule.
301.6223(a)-1 Notice sent to tax matters partner.
301.6223(a)-2 Withdrawal of notice of the beginning of an administrative 
          proceeding.
301.6223(b)-1 Notice group.
301.6223(c)-1 Additional information regarding partners furnished to the 
          Internal Revenue Service.
301.6223(e)-1 Effect of Internal Revenue Service's failure to provide 
          notice.
301.6223(e)-2 Elections if Internal Revenue Service fails to provide 
          timely notice.
301.6223(f)-1 Duplicate copy of final partnership administrative 
          adjustment.
301.6223(g)-1 Responsibilities of the tax matters partner.
301.6223(h)-1 Responsibilities of pass-thru partner.
301.6224(a)-1 Participation in administrative proceedings.

[[Page 11]]

301.6224(b)-1 Partner may waive rights.
301.6224(c)-1 Tax matters partner may bind nonnotice partners.
301.6224(c)-2 Pass-thru partner binds indirect partners.
301.6224(c)-3 Consistent settlements.
301.6226(a)-1 Principal place of business of partnership.
301.6226(b)-1 5-percent group.
301.6226(e)-1 Jurisdictional requirement for bringing an action in 
          District Court or United States Court of Federal Claims.
301.6226(f)-1 Scope of judicial review.
301.6227(c)-1 Administrative adjustment request by the tax matters 
          partner on behalf of the partnership.
301.6227(d)-1 Administrative adjustment request filed on behalf of a 
          partner.
301.6229(b)-1 Extension by agreement.
301.6229(b)-2 Special rule with respect to debtors in Title 11 cases.
301.6229(c)(2)-1 Substantial omission of income.
301.6229(e)-1 Information with respect to unidentified partner.
301.6229(f)-1 Special rule for partial settlement agreements.
301.6230(b)-1 Request that correction not be made.
301.6230(c)-1 Claim arising out of erroneous computation, etc.
301.6230(e)-1 Tax matters partner required to furnish names.
301.6231(a)(1)-1 Exception for small partnerships.
301.6231(a)(2)-1 Persons whose tax liability is determined indirectly by 
          partnership items.
301.6231(a)(3)-1 Partnership items.
301.6231(a)(5)-1 Definition of affected item.
301.6231(a)(6)-1 Computational adjustments.
301.6231(a)(7)-1 Designation or selection of tax matters partner.
301.6231(a)(7)-2 Designation or selection of tax matters partner for a 
          limited liability company (LLC).
301.6231(a)(12)-1 Special rules relating to spouses.
301.6231(c)-1 Special rules for certain applications for tentative 
          carryback and refund adjustments based on partnership losses, 
          deductions, or credits.
301.6231(c)-2 Special rules for certain refund claims based on losses, 
          deductions, or credits from abusive tax shelter partnerships.
301.6231(c)-3 Limitation on applicability of Sec. Sec. 301.6231(c)-4 
          through 301.6231(c)-8.
301.6231(c)-4 Termination and jeopardy assessment.
301.6231(c)-5 Criminal investigations.
301.6231(c)-6 Indirect method of proof of income.
301.6231(c)-7 Bankruptcy and receivership.
301.6231(c)-8 Prompt assessment.
301.6231(d)-1 Time for determining profits interest of partners for 
          purposes of sections 6223(b) and 6231(a)(11).
301.6231(e)-1 Effect of a determination with respect to a nonpartnership 
          item on the determination of a partnership item.
301.6231(e)-2 Judicial decision not a bar to certain adjustments.
301.6231(f)-1 Disallowance of losses and credits in certain cases.
301.6233-1 Extension to entities filing partnership returns.
301.6241-1T Tax treatment determined at corporate level.
301.6245-1T Subchapter S items.

                               Collection

                           General Provisions

301.6301-1 Collection authority.
301.6302-1 Manner or time of collection of taxes.
301.6303-1 Notice and demand for tax.
301.6305-1 Assessment and collection of certain liability.

                           Receipt of Payment

301.6311-1 Payment by check or money order.
301.6311-2 Payment by credit card and debit card.
301.6312-1 Treasury certificates of indebtedness, Treasury notes, and 
          Treasury bills acceptable in payment of internal revenue taxes 
          or stamps.
301.6312-2 Certain Treasury savings notes acceptable in payment of 
          certain internal revenue taxes.
301.6313-1 Fractional parts of a cent.
301.6314-1 Receipt for taxes.
301.6315-1 Payments of estimated income tax.
301.6316-1 Payment of income tax in foreign currency.
301.6316-2 Definitions.
301.6316-3 Allocation of tax attributable to foreign currency.
301.6316-4 Return requirements.
301.6316-5 Manner of paying tax by foreign currency.
301.6316-6 Declarations of estimated tax.
301.6316-7 Payment of Federal Insurance Contributions Act taxes in 
          foreign currency.
301.6316-8 Refunds and credits in foreign currency.
301.6316-9 Interest, additions to tax, etc.

                             Lien for Taxes

301.6320-1 Notice and opportunity for hearing upon filing of notice of 
          Federal tax lien.
301.6321-1 Lien for taxes.
301.6323(a)-1 Purchasers, holders of security interests, mechanic's 
          lienors, and judgment lien creditors.

[[Page 12]]

301.6323(b)-1 Protection for certain interests even though notice filed.
301.6323(c)-1 Protection for commercial transactions financing 
          agreements.
301.6323(c)-2 Protection for real property construction or improvement 
          financing agreements.
301.6323(c)-3 Protection for obligatory disbursement agreements.
301.6323(d)-1 45-day period for making disbursements.
301.6323(e)-1 Priority of interest and expenses.
301.6323(f)-1 Place for filing notice; form.
301.6323(g)-1 Refiling of notice of tax lien.
301.6323(h)-0 Scope of definitions.
301.6323(h)-1 Definitions.
301.6323(i)-1 Special rules.
301.6323(j)-1 Withdrawal of notice of federal tax lien in certain 
          circumstances.
301.6324-1 Special liens for estate and gift taxes; personal liability 
          of transferees and others.
301.6324A-1 Election of and agreement to special lien for estate tax 
          deferred under section 6166 or 6166A.
301.6325-1 Release of lien or discharge of property.
301.6326-1 Administrative appeal of the erroneous filing of notice of 
          federal tax lien.

               Seizure of Property for Collection of Taxes

301.6330-1 Notice and opportunity for hearing prior to levy.
301.6331-1 Levy and distraint.
301.6331-2 Procedures and restrictions on levies.
301.6331-3 Restrictions on levy while offers to compromise are pending.
301.6331-4 Restrictions on levy while installment agreements are pending 
          or in effect.
301.6332-1 Surrender of property subject to levy.
301.6332-2 Surrender of property subject to levy in the case of life 
          insurance and endowment contracts.
301.6332-3 The 21-day holding period applicable to property held by 
          banks.
301.6333-1 Production of books.
301.6334-1 Property exempt from levy.
301.6334-2 Wages, salary, and other income.
301.6334-3 Determination of exempt amount.
301.6334-4 Verified statements.
301.6335-1 Sale of seized property.
301.6336-1 Sale of perishable goods.
301.6337-1 Redemption of property.
301.6338-1 Certificate of sale; deed of real property.
301.6339-1 Legal effect of certificate of sale of personal property and 
          deed of real property.
301.6340-1 Records of sale.
301.6341-1 Expense of levy and sale.
301.6342-1 Application of proceeds of levy.
301.6343-1 Requirement to release levy and notice of release.
301.6343-2 Return of wrongfully levied upon property.
301.6343-3 Return of property in certain cases.
301.6361-1 Collection and administration of qualified taxes.
301.6361-2 Judicial and administrative proceedings; Federal 
          representation of State interests.
301.6361-3 Transfers to States.
301.6361-4 Definitions.
301.6361-5 Effective date of section 6361.
301.6362-1 Types of qualified tax.
301.6362-2 Qualified resident tax based on taxable income.
301.6362-3 Qualified resident tax which is a percentage of Federal tax.
301.6362-4 Rules for adjustments relating to qualified resident taxes.
301.6362-5 Qualified nonresident tax.
301.6362-6 Requirements relating to residence.
301.6362-7 Additional requirements.
301.6363-1 State agreements.
301.6363-2 Withdrawal from State agreements.
301.6363-3 Transition years.
301.6363-4 Judicial review.
301.6365-1 Definitions.
301.6365-2 Commencement and cessation of applicability of subchapter E 
          to individual taxpayers.

                    Abatements, Credits, and Refunds

                          Procedure in General

301.6401-1 Amounts treated as overpayments.
301.6402-1 Authority to make credits or refunds.
301.6402-2 Claims for credit or refund.
301.6402-3 Special rules applicable to income tax.
301.6402-4 Payments in excess of amounts shown on return.
301.6402-5 Offset of past-due support against overpayment.
301.6402-6 Offset of past-due, legally enforceable debt against 
          overpayment.
301.6402-7 Claims for refund and applications for tentative carryback 
          adjustments involving consolidated groups that include 
          insolvent financial institutions.
301.6403-1 Overpayment of installment.
301.6404-0 Table of contents.
301.6404-0T Table of contents (temporary).
301.6404-1 Abatements.
301.6404-2 Abatement of interest.
301.6404-3 Abatement of penalty or addition to tax attributable to 
          erroneous written advice of the Internal Revenue Service.
301.6404-4 Suspension of interest and certain penalties when the 
          Internal Revenue Service does not timely contact the taxpayer.

[[Page 13]]

301.6405-1 Reports of refunds and credits.
301.6407-1 Date of allowance of refund or credit.

                      Rules of Special Application

301.6411-1 Tentative carryback adjustments.
301.6413-1 Special rules applicable to certain employment taxes.
301.6414-1 Income tax withheld.
301.6425-1 Adjustment of overpayment of estimated income tax by 
          corporation.

                               Limitations

                Limitations on Assessment and Collection

301.6501(a)-1 Period of limitations upon assessment and collection.
301.6501(b)-1 Time return deemed filed for purposes of determining 
          limitations.
301.6501(c)-1 Exceptions to general period of limitations on assessment 
          and collection.
301.6501(d)-1 Request for prompt assessment.
301.6501(e)-1 Omission from return.
301.6501(f)-1 Personal holding company tax.
301.6501(g)-1 Certain income tax returns of corporations.
301.6501(h)-1 Net operating loss or capital loss carrybacks.
301.6501(i)-1 Foreign tax carrybacks; taxable years beginning after 
          December 31, 1957.
301.6501(j)-1 Investment credit carryback; taxable years ending after 
          December 31, 1961.
301.6501(m)-1 Tentative carryback adjustment assessment period.
301.6501(n)-1 Special rules for chapter 42 and similar taxes.
301.6501(n)-2 Certain contributions to section 501(c)(3) organizations.
301.6501(n)-3 Certain set-asides described in section 4942(g)(2).
301.6501(o)-1 Work incentive program credit carrybacks, taxable years 
          beginning after December 31, 1971.
301.6501(o)-2 Special rules for partnership items of federally 
          registered partnerships.
301.6501(o)-3 Partnership items.
301.6502-1 Collection after assessment.
301.6503(a)-1 Suspension of running of period of limitation; issuance of 
          statutory notice of deficiency.
301.6503(b)-1 Suspension of running of period of limitation; assets of 
          taxpayer in control or custody of court.
301.6503(c)-1 Suspension of running of period of limitation; location of 
          property outside the United States or removal of property from 
          the United States; taxpayer outside of United States.
301.6503(d)-1 Suspension of running of period of limitation; extension 
          of time for payment of estate tax.
301.6503(e)-1 Suspension of running of period of limitation; certain 
          powers of appointment.
301.6503(f)-1 Suspension of running of period of limitation; wrongful 
          seizure of property of third-party owner and discharge of lien 
          for substitution of value.
301.6503(g)-1 Suspension pending correction.

                     Limitations on Credit or Refund

301.6503(j)-1 Suspension of running of period of limitations; extension 
          in case of designated and related summonses.
301.6511(a)-1 Period of limitation on filing claim.
301.6511(b)-1 Limitations on allowance of credits and refunds.
301.6511(c)-1 Special rules applicable in case of extension of time by 
          agreement.
301.6511(d)-1 Overpayment of income tax on account of bad debts, 
          worthless securities, etc.
301.6511(d)-2 Overpayment of income tax on account of net operating loss 
          or capital loss carrybacks.
301.6511(d)-3 Special rules applicable to credit against income tax for 
          foreign taxes.
301.6511(d)-4 Overpayment of income tax on account of investment credit 
          carryback.
301.6511(d)-7 Overpayment of income tax on account of work incentive 
          program credit carryback.
301.6511(e)-1 Special rules applicable to manufactured sugar.
301.6511(f)-1 Special rules for chapter 42 taxes.
301.6511(g)-1 Special rule for partnership items of federally registered 
          partnerships.
301.6512-1 Limitations in case of petition to Tax Court.
301.6513-1 Time return deemed filed and tax considered paid.
301.6514(a)-1 Credits or refunds after period of limitation.
301.6514(b)-1 Credit against barred liability.

              Mitigation of Effect of Period of Limitations

301.6521-1 Mitigation of effect of limitation in case of related 
          employee social security tax and self-employment tax.
301.6521-2 Law applicable in determination of error.

              Periods of Limitation in Judicial Proceedings

301.6532-1 Periods of limitation on suits by taxpayers.
301.6532-2 Periods of limitation on suits by the United States.
301.6532-3 Periods of limitation on suits by persons other than 
          taxpayers.

                                Interest

                        Interest on Underpayments

301.6601-1 Interest on underpayments.

[[Page 14]]

301.6602-1 Interest on erroneous refund recoverable by suit.

                        Interest on Overpayments

301.6611-1 Interest on overpayments.

                     Determination of Interest Rate

301.6621-1 Interest rate.
301.6621-2T Questions and answers relating to the increased rate of 
          interest on substantial underpayments attributable to certain 
          tax motivated transactions (temporary).
301.6621-3 Higher interest rate payable on large corporate 
          underpayments.
301.6622-1 Interest compounded daily.

   Additions to the Tax, Additional Amounts, and Assessable Penalties

               Additions to the Tax and Additional Amounts

301.6651-1 Failure to file tax return or to pay tax.
301.6652-1 Failure to file certain information returns.
301.6652-2 Failure by exempt organizations and certain nonexempt 
          organizations to file certain returns or to comply with 
          section 6104(d) for taxable years beginning after December 31, 
          1969.
301.6652-3 Failure to file information with respect to employee 
          retirement benefit plan.
301.6653-1 Failure to pay tax.
301.6654-1 Failure by individual to pay estimated income tax.
301.6655-1 Failure by corporation to pay estimated income tax.
301.6656-1 Abatement of penalty.
301.6657-1 Bad checks.
301.6658-1 Addition to tax in case of jeopardy.
301.6659-1 Applicable rules.

                          Assessable Penalties

301.6671-1 Rules for application of assessable penalties.
301.6672-1 Failure to collect and pay over tax, or attempt to evade or 
          defeat tax.
301.6673-1 Damages assessable for instituting proceedings before the Tax 
          Court merely for delay.
301.6674-1 Fraudulent statement or failure to furnish statement to 
          employee.
301.6678-1 Failure to furnish statements to payees.
301.6679-1 Failure to file returns, etc. with respect to foreign 
          corporations or foreign partnerships for taxable years 
          beginning after September 3, 1982.
301.6682-1 False information with respect to withholding allowances 
          based on itemized deductions.
301.6684-1 Assessable penalties with respect to liability for tax under 
          chapter 42.
301.6685-1 Assessable penalties with respect to private foundations' 
          failure to comply with section 6104(d).
301.6686-1 Failure of DISC to file returns.
301.6688-1 Assessable penalties with respect to information required to 
          be furnished with respect to possessions.
301.6689-1T Failure to file notice of redetermination of foreign tax 
          (temporary).
301.6690-1 Penalty for fraudulent statement or failure to furnish 
          statement to plan participant.
301.6692-1 Failure to file actuarial report.
301.6693-1 Penalty for failure to provide reports and documents 
          concerning individual retirement accounts or annuities.
301.6707-1T Questions and answers relating to penalties for failure to 
          furnish information regarding tax shelters.
301.6707A-1T Failure to include on any return or statement any 
          information required to be disclosed under section 6011 with 
          respect to a reportable transaction.
301.6708-1T Failure to maintain list of investors in potentially abusive 
          tax shelters (temporary).
301.6712-1 Failure to disclose treaty--based return positions.
301.6721-0 Table of Contents.
301.6721-1 Failure to file correct information returns.
301.6722-1 Failure to furnish correct payee statements.
301.6723-1 Failure to comply with other information reporting 
          requirements.
301.6724-1 Reasonable cause.

 Regulations Applicable to Information Returns and Payee Statements the 
Due Date for Which (Without Regard to Extensions) Is After December 31, 
                    1986, and Before January 1, 1990

301.6723-1A Failure to include correct information.

                  General Provisions Relating to Stamps

301.6801-1 Authority for establishment, alteration, and distribution.
301.6802-1 Supply and distribution.
301.6803-1 Accounting and safeguarding.
301.6804-1 Attachment and cancellation.
301.6805-1 Redemption of stamps.
301.6806-1 Posting occupational tax stamps.

                 Jeopardy, Bankruptcy, and Receiverships

                                Jeopardy

                       termination of taxable year

301.6851-1 Termination of taxable year.
301.6852-1 Termination assessments of tax in the case of flagrant 
          political expenditures of section 501(c)(3) organizations.

[[Page 15]]

                          jeopardy assessments

301.6861-1 Jeopardy assessments of income, estate, gift, and certain 
          excise taxes.
301.6862-1 Jeopardy assessment of taxes other than income, estate, gift, 
          and certain excise taxes.
301.6863-1 Stay of collection of jeopardy assessments; bond to stay 
          collection.
301.6863-2 Collection of jeopardy assessment; stay of sale of seized 
          property pending Tax Court decision.
301.6867-1 Presumptions where owner of large amount of cash is not 
          identified.

                      Bankruptcy and Receiverships

301.6871(a)-1 Immediate assessment of claims for income, estate, and 
          gift taxes in bankruptcy and receivership proceedings.
301.6871(a)-2 Collection of assessed taxes in bankruptcy and 
          receivership proceedings.
301.6871(b)-1 Claims for income, estate, and gift taxes in proceedings 
          under the Bankruptcy Act and receivership proceedings; claim 
          filed despite pendency of Tax Court proceedings.
301.6872-1 Suspension of running of period of limitations on assessment.
301.6873-1 Unpaid claims in bankruptcy or receivership proceedings.

                       Transferees and Fiduciaries

301.6901-1 Procedure in the case of transferred assets.
301.6902-1 Burden of proof.
301.6903-1 Notice of fiduciary relationship.
301.6905-1 Discharge of executor from personal liability for decedent's 
          income and gift taxes.

                                Licensing

301.7001-1 License to collect foreign items.

                                  Bonds

301.7101-1 Form of bond and security required.
301.7102-1 Single bond in lieu of multiple bonds.

                   Closing Agreements and Compromises

301.7121-1 Closing agreements.
301.7122-0 Table of contents.
301.7122-1 Compromises.

                 Crimes, Other Offenses, and Forfeitures

                                 Crimes

                           general provisions

301.7207-1 Fraudulent returns, statements, or other documents.
301.7209-1 Unauthorized use or sale of stamps.
301.7214-1 Offenses by officers and employees of the United States.
301.7216-0 Table of contents.
301.7216-0T Table of contents.
301.7216-1 Penalty for disclosure or use of tax return information.
301.7216-2 Permissible disclosures or uses without consent of the 
          taxpayer.
301.7216-2T Permissible disclosures or uses without consent of the 
          taxpayer (temporary).
301.7216-3 Disclosure or use permitted only with the taxpayer's consent.

                  penalties applicable to certain taxes

301.7231-1 Failure to obtain license for collection of foreign items.

                             Other Offenses

301.7269-1 Failure to produce records.
301.7272-1 Penalty for failure to register.

                               Forfeitures

                     property subject to forfeiture

301.7304-1 Penalty for fraudulently claiming drawback.

                    provisions common to forfeitures

301.7321-1 Seizure of property.
301.7322-1 Delivery of seized property to U.S. marshal.
301.7324-1 Special disposition of perishable goods.
301.7325-1 Personal property valued at $2,500 or less.
301.7326-1 Disposal of forfeited or abandoned property in special cases.
301.7327-1 Customs laws applicable.

                          Judicial Proceedings

                   Civil Actions by the United States

301.7401-1 Authorization.
301.7403-1 Action to enforce lien or to subject property to payment of 
          tax.
301.7404-1 Authority to bring civil action for estate taxes.
301.7406-1 Disposition of judgments and moneys recovered.
301.7409-1 Action to enjoin flagrant political expenditures of section 
          501(c)(3) organizations.

               Proceedings by Taxpayers and Third Parties

301.7422-1 Special rules for certain excise taxes imposed by chapter 42 
          or 43.
301.7423-1 Repayments to officers or employees.
301.7424-2 Intervention.
301.7425-1 Discharge of liens; scope and application; judicial 
          proceedings.
301.7425-2 Discharge of liens; nonjudicial sales.
301.7425-3 Discharge of liens; special rules.

[[Page 16]]

301.7425-4 Discharge of liens; redemption by United States.
301.7426-1 Civil actions by persons other than taxpayers.
301.7426-2 Recovery of damages in certain cases.
301.7429-1 Review of jeopardy and termination assessment and jeopardy 
          levy procedures; information to taxpayer.
301.7429-2 Review of jeopardy and termination assessment and jeopardy 
          levy procedures.
301.7429-3 Review of jeopardy and termination assessment and jeopardy 
          levy procedures; judicial action.
301.7430-0 Table of contents.
301.7430-1 Exhaustion of administrative remedies.
301.7430-2 Requirements and procedures for recovery of reasonable 
          administrative costs.
301.7430-3 Administrative proceeding and administrative proceeding date.
301.7430-4 Reasonable administrative costs.
301.7430-5 Prevailing party.
301.7430-6 Effective dates.
301.7430-7 Qualified offers.
301.7430-8 Administrative costs incurred in damage actions for 
          violations of section 362 or 524 of the Bankruptcy Code.
301.7432-1 Civil cause of action for failure to release a lien.
301.7433-1 Civil cause of action for certain unauthorized collection 
          actions.
301.7433-2 Civil cause of action for violation of section 362 or 524 of 
          the Bankruptcy Code.

                              The Tax Court

                                procedure

301.7452-1 Representation of parties.
301.7454-1 Burden of proof in fraud and transferee cases.
301.7454-2 Burden of proof in foundation manager, etc. cases.
301.7456-1 Administration of oaths and procurement of testimony; 
          production of records of foreign corporations, foreign trusts 
          or estates and nonresident alien individuals.
301.7457-1 Witness fees.
301.7458-1 Hearings.
301.7461-1 Publicity of proceedings.

 declaratory judgments relating to qualification of certain retirement 
                                  plans

301.7476-1 Declaratory judgments.
301.7477-1 Declaratory judgments relating to the value of certain gifts 
          for gift tax purposes.

                   court review of tax court decisions

301.7481-1 Date when Tax Court decision becomes final; decision modified 
          or reversed.
301.7482-1 Courts of review; venue.
301.7483-1 Petition for review.
301.7484-1 Change of incumbent in office.

                        miscellaneous provisions

301.7502-1 Timely mailing of documents and payments treated as timely 
          filing and paying.
301.7503-1 Time for performance of acts where last day falls on 
          Saturday, Sunday, or legal holiday.
301.7505-1 Sale of personal property acquired by the United States.
301.7506-1 Administration of real estate acquired by the United States.
301.7507-1 Banks and trust companies covered.
301.7507-2 Scope of section generally.
301.7507-3 Segregated or transferred assets.
301.7507-4 Unsegregated assets.
301.7507-5 Earnings.
301.7507-6 Abatement and refund.
301.7507-7 Establishment of immunity.
301.7507-8 Procedure during immunity.
301.7507-9 Termination of immunity.
301.7507-10 Collection of tax after termination of immunity.
301.7507-11 Exception of employment taxes.
301.7508-1 Time for performing certain acts postponed by reason of 
          service in a combat zone.
301.7508A-1 Postponement of certain tax-related deadlines by reasons of 
          a federally declared disaster or terroristic or military 
          action.
301.7510-1 Exemption from tax of domestic goods purchased for the United 
          States.
301.7512-1 Separate accounting for certain collected taxes.
301.7513-1 Reproduction of returns and other documents.
301.7514-1 Seals of office.
301.7515-1 Special statistical studies and compilations on request.
301.7516-1 Training and training aids on request.
301.7517-1 Furnishing on request of statement explaining estate or gift 
          valuation.

             Discovery of Liability and Enforcement of Title

                       Examination and Inspection

301.7601-1 Canvass of districts for taxable persons and objects.
301.7602-1 Examination of books and witnesses.
301.7602-2 Third party contacts.
301.7603-1 Service of summons.
301.7603-2 Third-party recordkeepers.
301.7604-1 Enforcement of summons.
301.7605-1 Time and place of examination.
301.7606-1 Entry of premises for examination of taxable objects.
301.7609-1 Special procedures for third-party summonses.

[[Page 17]]

301.7609-2 Notification of persons identified in third-party summonses.
301.7609-3 Duty of and protection for the summoned party.
301.7609-4 Right to intervene; right to institute a proceeding to quash.
301.7609-5 Suspension of periods of limitations.
301.7610-1 Fees and costs for witnesses.
301.7611-1 Questions and answers relating to church tax inquiries and 
          examinations.

                        General Powers and Duties

301.7621-1 Internal revenue districts.
301.7622-1 Authority to administer oaths and certify.
301.7623-1 Rewards for information relating to violations of internal 
          revenue laws.
301.7624-1 Reimbursement to State and local law enforcement agencies

           Supervision of Operations of Certain Manufacturers

301.7641-1 Supervision of operations of certain manufacturers.

                               Possessions

301.7654-1 Coordination of U.S. and Guam individual income taxes.

                               Definitions

301.7701-1 Classification of organizations for federal tax purposes.
301.7701-2 Business entities; definitions.
301.7701-2T Business entities; definitions (temporary).
301.7701-3 Classification of certain business entities.
301.7701-4 Trusts.
301.7701-5 Domestic and foreign business entities.
301.7701-6 Definitions; person, fiduciary.
301.7701-7 Trusts--domestic and foreign.
301.7701-8 Military or naval forces and Armed Forces of the United 
          States.
301.7701-9 Secretary or his delegate.
301.7701-10 District director.
301.7701-11 Social security number.
301.7701-12 Employer identification number.
301.7701-13 Pre-1970 domestic building and loan association.
301.7701-13A Post--1969 domestic building and loan association.
301.7701-14 Cooperative bank.
301.7701-15 Tax return preparer.
301.7701-16 Other terms.
301.7701-17T Collective--bargaining plans and agreements (temporary).
301.7701(b)-0 Outline of regulation provision for section 7701(b)-1 
          through (b)-9.
301.7701(b)-1 Resident alien.
301.7701(b)-2 Closer connection exception.
301.7701(b)-3 Days of presence in the United States that are excluded 
          for purposes of section 7701(b).
301.7701(b)-4 Residency time periods.
301.7701(b)-5 Coordination with section 877.
301.7701(b)-6 Taxable year.
301.7701(b)-7 Coordination with income tax treaties.
301.7701(b)-8 Procedural rules.
301.7701(b)-9 Effective/applicability dates of Sec. Sec. 301.7701(b)-1 
          through 301.7701(b)-7.
301.7701(i)-0 Outline of taxable mortgage pool provisions.
301.7701(i)-1 Definition of a taxable mortgage pool.
301.7701(i)-2 Special rules for portions of entities.
301.7701(i)-3 Effective dates and duration of taxable mortgage pool 
          classification.
301.7701(i)-4 Special rules for certain entities.
301.7704-2 Transition provisions.

                              General Rules

                  Application of Internal Revenue Laws

301.7803-1 Security bonds covering personnel of the Internal Revenue 
          Service.
301.7805-1 Rules and regulations.
301.7811-1 Taxpayer assistance orders.

                        Miscellaneous Provisions

301.9000-1 Definitions when used in Sec. Sec. 301.9000-1 through 
          301.9000-6.
301.9000-2 Considerations in responding to a request or demand for IRS 
          records or information.
301.9000-3 Testimony authorizations.
301.9000-4 Procedure in the event of a request or demand for IRS records 
          or information.
301.9000-5 Written statement required for requests or demands in non-IRS 
          matters.
301.9000-6 Examples.
301.9000-7 Effective date.
301.9001 Statutory provisions; Outer Continental Shelf Lands Act 
          Amendments of 1978.
301.9001-1 Collection of fee.
301.9001-2 Definitions.
301.9001-3 Cross reference.
301.9100-0 Outline of regulations.
301.9100-1 Extensions of time to make elections.
301.9100-2 Automatic extensions.
301.9100-3 Other extensions.
301.9100-4T Time and manner of making certain elections under the 
          Economic Recovery Tax Act of 1981.
301.9100-5T Time and manner of making certain elections under the Tax 
          Equity and Fiscal Responsibility Act of 1982.
301.9100-6T Time and manner of making certain elections under the 
          Deficit Reduction Act of 1984.
301.9100-7T Time and manner of making certain elections under the Tax 
          Reform Act of 1986.

[[Page 18]]

301.9100-8 Time and manner of making certain elections under the 
          Technical and Miscellaneous Revenue Act of 1988.
301.9100-9T Election by a bank holding company to forego grandfather 
          provision for all property representing pre-June 30, 1968, 
          activities.
301.9100-10T Election by certain family-owned bank holding companies to 
          divest all banking or nonbanking property.
301.9100-11T Election by a qualified bank holding corporation to pay in 
          installments the tax attributable to sales under the Bank 
          Holding Company Act.
301.9100-12T Various elections under the Tax Reform Act of 1976.
301.9100-14T Individual's election to terminate taxable year when case 
          commences.
301.9100-15T Election to use retroactive effective date.
301.9100-16T Election to accrue vacation pay.
301.9100-17T Procedure applicable to certain elections.
301.9100-18T Election to include in gross income in year of transfer.
301.9100-19T Election relating to passive investment income of electing 
          small business corporations.
301.9100-20T Election to treat certain distributions as made on the last 
          day of the taxable year.
301.9100-21 References to other temporary elections under various tax 
          acts.

    Authority: 26 U.S.C. 7805.
    Section 301.6011-2 also issued under 26 U.S.C. 6011(e).
    Section 301.6011-3 also issued under 26 U.S.C. 6011.
    Section 301.6011-5 also issued under 26 U.S.C. 6011.
    Section 301.6011-6 also issued under 26 U.S.C. 6011(a).
    Section 301.6011-7 also issued under 26 U.S.C. 6011(e).
    Section 301.6033-4 also issued under 26 U.S.C. 6033.
    Section 301.6036-1 also issued under 26 U.S.C. 6036.
    Section 301.6037-2 also issued under 26 U.S.C. 6037.
    Section 301.6050M-1 also issued under 26 U.S.C. 6050M.
    Section 301.6061-1 also issued under 26 U.S.C. 6061.
    Section 301.6081-2 also issued under 26 U.S.C. 6081(a).
    Section 301.6103(c)-1 also issued under 26 U.S.C. 6103(c).
    Section 301.6103(j)(1)-1 also issued under 26 U.S.C. 6103(j)(1).
    Section 301.6103(j)(1)-1T also issued under 26 U.S.C. 6103(j)(1);
    Section 301.6103(j)(5)-1 also issued under 26 U.S.C. 6103(j)(5).
    Section 301.6103(k)(6)-1 also issued under 26 U.S.C. 6103(k)(6);
    Section 301.6103(k)(6)-1T also issued under 26 U.S.C. 6103(k)(6);
    Section 301.6103(k)(9)-1 also issued under 26 U.S.C. 6103(k)(9) and 
26 U.S.C. 6103(q).
    Section 301.6103(l)-1 also issued under 26 U.S.C. 6103(q).
    Section 301.6103(l)(14)-1 also issued under 26 U.S.C. 6103(l)(14).
    Section 301.6103(m)-1 also issued under 26 U.S.C. 6103(q).
    Section 301.6103(n)-1 also issued under 26 U.S.C. 6103(n).
    Section 301.6103(n)-2 also issued under 26 U.S.C. 6103(n).
    Section 301.6103(n)-2 also issued under 26 U.S.C. 6103(q).
    Section 301.6103(p)(2)(B)-1 also issued under 26 U.S.C. 6103(p)(2).
    Section 301.6103(p)(2)(B)-1T also issued under 26 U.S.C. 6103(p)(2).
    Sections 301.6103(p)(4)-1 and 301.6103(p)(7)-1T also issued under 26 
U.S.C. 6103(p)(4) and (7) and (q),
    Section 301.6104(a)-6(d) is also issued under 5 U.S.C. 552.
    Section 301.6104(b)-1(d)(4) is also issued under 5 U.S.C. 552.
    Section 301.6104(d)-1(d)(3)(i) is also issued under 5 U.S.C. 552.
    Section 301.6104(d)-2 also issued under 26 U.S.C. 6104(d)(3).
    Section 301.6104(d)-3 also issued under 26 U.S.C. 6104(d)(3).
    Section 301.6104(d)-4 also issued under 26 U.S.C. 6104(e)(3).
    Section 301.6104(d)-5 also issued under 26 U.S.C. 6104(e)(3).
    Section 301.6109-1 also issued under 26 U.S.C. 6109 (a), (c), and 
(d).
    Section 301.6109-3 also issued under 26 U.S.C. 6109.
    Section 301.6111-1T also issued under 26 U.S.C. 6111.
    Section 301.6111-2T also issued under 26 U.S.C. 6111(f)(4).
    Section 301.6111-3 also issued under 26 U.S.C. 6111.
    Section 301.6111-3T also issued under 26 U.S.C. 6111.
    Section 301.6112-1T also issued under 26 U.S.C. 6112.
    Section 301.6114-1 also issued under 26 U.S.C. 6114.
    Section 301.6222(a)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6222(a)-2T also issued under 26 U.S.C. 6230(k).
    Section 301.6222(b)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6222(b)-2T also issued under 26 U.S.C. 6230(k).
    Section 301.6222(b)-3T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6223(a)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6223(a)-2T also issued under 26 U.S.C. 6230(k).

[[Page 19]]

    Section 301.6223(b)-1T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6223(b)-2T also issued under 26 U.S.C. 6230(k).
    Section 301.6223(c)-1T also issued under 26 U.S.C. 6223(c) and 6230 
(i) and (k).
    Section 301.6223(e)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6223(e)-2T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6223(f)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6223(g)-1T also issued under 26 U.S.C. 6223(g) and 6230 
(i) and (k).
    Section 301.6223(h)-1T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6224(a)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6224(b)-1T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6224(c)-1T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6224(c)-2T also issued under 26 U.S.C. 6230(k).
    Section 301.6224(c)-3T also issued under 26 U.S.C. 6230 (i) and (k).
    Section 301.6226(a)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6226(b)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6226(e)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6226(f)-1T also issued under 26 U.S.C. C. 6230(k).
    Section 301.6229(c)(2)-1 is also issued under 26 U.S.C. 6230(k).
    Section 301.6229(c)(2)-1T also issued under 26 U.S.C. Sec. 6230(k).
    Section 301.6231(a)(6)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6231(a)(7)-1 also issued under 26 U.S.C. 6230 (i) and 
(k).
    Section 301.6231(a)(7)-2 also issued under 26 U.S.C. 6230 (i) and 
(k).
    Section 301.6231(a)(12)-1T also issued under 26 U.S.C. 6230(k) and 
6231(a)(12).
    Section 301.6231(c)-1 also issued under 26 U.S.C. 6231(c)(1) and 
(3).
    Section 301.6231(c)-2 also issued under 26 U.S.C. 6231(c)(1) and 
(3).
    Section 301.6231(c)-3T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(c)-4T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(c)-5T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(c)-6T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(c)-7T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(c)-8T also issued under 26 U.S.C. 6230(k) and 
6231(c).
    Section 301.6231(d)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6231(e)-1T also issued under 26 U.S.C. 6230(k).
    Section 301.6231(e)-2T also issued under 26 U.S.C. 6230(k).
    Section 301.6231(f)-1T also issued under 26 U.S.C. 6230 (i) and (k) 
and 6231(f).
    Section 301.6233-1T also issued under 26 U.S.C. 6230(k) and 6233.
    Section 301.6241-1T also issued under 26 U.S.C. 6241.
    Section 301.6245-1T also issued under 26 U.S.C. 6245.
    Section 301.6311-2 also issued under 26 U.S.C. 6311.
    Section 301.6323(f)-(1)(c) also issued under 26 U.S.C. 6323(f)(3).
    Section 301.6325-1T also issued under 26 U.S.C. 6326.
    Section 301.6343-1 also issued under 26 U.S.C. 6343.
    Section 301.6343-2 also issued under 26 U.S.C. 6343.
    Section 301.6402-3 also issued under 95 Stat. 357 amending 88 Stat. 
2351.
    Section 301.6402-7 also issued under 26 U.S.C. 6402(i) and 6411(c).
    Section 301.6404-2 also issued under 26 U.S.C. 6404.
    Section 301.6404-3 also issued under 26 U.S.C. 6404(f)(3).
    Section 301.6621-1 also issued under 26 U.S.C. 6230(k).
    Section 301.6689-1T also issued under 26 U.S.C. 6689(a).
    Section 301.7216-2, paragraphs (o) and (p) also issued under 26 
U.S.C. 7216(b)(3).
    Section 301.7502-1 also issued under 26 U.S.C. 7502.
    Section 301.7502-1T also issued under 26 U.S.C. 7502(c).
    Section 301.7502-2 also issued under 26 U.S.C. 7502.
    Section 301.7507-1 also issued under 26 U.S.C. 597.
    Section 301.7507-9 also issued under 26 U.S.C. 597.
    Section 301.7508-1 also issued under 26 U.S.C. 7508(a)(1)(K).
    Section 301.7508A-1 also issued under 26 U.S.C. 7508(a)(1)(K) and 
7508A(a).
    Section 301.7605-1 also issued under section 6228(b) of the 
Technical and Miscellaneous Revenue Act of 1988.
    Section 301.7624-1 also issued under 26 U.S.C. 7624.
    Sections 301.7701(b)-1 through 301.7701(b)-9 also issued under 26 
U.S.C. 7701(b)(11).
    Section 301.7701(i)-1(g)(1) also issued under 26 U.S.C. 
7701(i)(2)(D).
    Section 301.7701(i)-4(b) also issued under 26 U.S.C. 7701(i)(3).
    Section 301.9000-1 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;
    Section 301.9000-2 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;
    Section 301.9000-3 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;
    Section 301.9000-4 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;

[[Page 20]]

    Section 301.9000-5 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;
    Section 301.9000-6 also issued under 5 U.S.C. 301 and 26 U.S.C. 
6103(q) and 7804;
    Section 301.9100-1T also issued under 26 U.S.C. 6081.
    Section 301.9100-2T also issued under 26 U.S.C. 6081.
    Section 301.9100-3T also issued under 26 U.S.C. 6081.
    Section 301.9100-4T also issued under 26 U.S.C. 168(f)(8)(G).
    Section 301.9100-7T also issued under 26 U.S.C. 42, 48, 56, 83, 141, 
142, 143, 145, 147, 165, 168, 216, 263, 263A, 448, 453C, 468B, 469, 474, 
585, 616, 617, 1059, 2632, 2652, 3121, 4982, 7701; and under the Tax 
Reform Act of 1986, 100 Stat. 2746, sections 203, 204, 243, 311, 646, 
801, 806, 905, 1704, 1801, 1802, and 1804.
    Section 301.9100-8 also issued under 26 U.S.C. 1(i)(7), 41(h), 
42(b)(2)(A)(ii), 42(d)(3), 42(f)(1), 42(g)(3), 42(i)(2)(B), 42(j)(5)(B), 
121(d)(9), 142(i)(2), 165(l), 168(b)(2), 219(g)(4), 245(a)(10), 
263A(d)(1), 263A(d)(3)(B), 263A(h), 460(b)(3), 643(g)(2), 831(b)(2)(A), 
835(a), 865(f), 865(g)(3), 865(h)(2), 904(g)(10), 2056(b)(7)(c)(ii), 
2056A(d), 2523(f)(6)(B), 3127, and 7520(a); the Technical and 
Miscellaneous Revenue Act of 1988, 102 Stat. 3324, sections 
1002(a)(23)(B), 1005(c)(11), 1006(d)(15), 1006(j)(1)(C), 1006(t)(18)(B), 
1012(n)(3), 1014(c)(1), 1014(c)(2), 2004(j)(1), 2004(m)(5), 5012(e)(4), 
6181(c)(2), and 6277; and under the Tax Reform Act of 1986, 100 Stat. 
2746, section 905(a).
    Sections 301.9100-9T, 301.9100-10T and 301.9100-11T also issued 
under 26 U.S.C. 1103 (g) and (h) and 6158(a).
    Sections 301.9100-13T, 301.9100-14T and 301.9100-15T also issued 
under 26 U.S.C. 108(d)(8) and 1017(b)(3)(E).
    Section 301.9100-16T also issued under 26 U.S.C. 463(d).

    Source: 32 FR 15241, Nov. 3, 1967, unless otherwise noted.

    Editorial Note: In the text of this part, integral section 
references are to sections of the Internal Revenue Code of 1954; decimal 
section references are to the Code of Federal Regulations.

    References in the text to the ``Code'' are references to sections of 
the Internal Revenue Code of 1954.



                         Information and Returns

                           Returns and Records

                records, statements, and special returns



Sec. 301.269B-1  Stapled foreign corporations.

    In accordance with section 269B(a)(1), a stapled foreign corporation 
is subject to the same taxes that apply to a domestic corporation under 
Title 26 of the Internal Revenue Code. For provisions concerning taxes 
other than income for which the stapled foreign corporation is liable, 
apply the same rules as set forth in Sec. 1.269B-1(a) through 
(f)(1)(i), and (g) of this Chapter, except that references to income tax 
shall be replaced with the term tax. In addition, for purposes of 
collecting those taxes solely from the stapled foreign corporation, the 
term tax means any tax liability imposed on a domestic corporation under 
Title 26 of the United States Code, including additions to tax, 
additional amounts, penalties, and interest related to that tax 
liability.

[T.D. 9216, 70 FR 43760, July 29, 2005]



Sec. 301.6001-1  Notice or regulations requiring records, statements, and special returns.

    For provisions requiring records, statements, and special returns, 
see the regulations relating to the particular tax.

                        tax returns or statements

                           General Requirement



Sec. 301.6011-1  General requirement of return, statement or list.

    (a) For provisions requiring returns, statements, or lists, see the 
regulations relating to the particular tax.
    (b) The Internal Revenue Service may prescribe in forms, 
instructions, or other appropriate guidance the information or 
documentation required to be included with any return or any statement 
required to be made or other document required to be furnished under any 
provision of the internal revenue laws or regulations.

[T.D. 9040, 68 FR 4921, Jan. 31, 2003]



Sec. 301.6011-2  Required use of magnetic media.

    (a) Meaning of terms. The following definitions apply for purposes 
of this section:
    (1) Magnetic media. The term magnetic media means any media 
permitted under applicable regulations, revenue procedures or 
publications, or, in the case of returns filed with the Social Security 
Administration, Social Security

[[Page 21]]

Administration publications. These generally include magnetic tape, tape 
cartridge, and diskette, as well as other media (such as electronic 
filing) specifically permitted under the applicable regulations, 
procedures, or publications.
    (2) Machine-readable paper form. The term ``machine-readable paper 
form'' means--
    (i) Optical-scan paper form; or
    (ii) Any other machine-readable paper form permitted under 
applicable regulations, revenue procedures, or Social Security 
Administration publications.
    (3) Person. The term ``person'' includes any person that is required 
to file a return that is described in paragraph (b) of this section. 
Thus, the term ``person'' includes the United States, a State, the 
District of Columbia, a foreign government, a political subdivision of a 
State or of a foreign government, or an international organization. In 
addition, in the case of an affiliated group of corporations filing a 
consolidated return, each member of the affiliated group is a separate 
person.
    (b) Returns required on magnetic media. (1) If the use of Form 1042-
S, 1098, 1098-E, 1098-T, 1099 series, 5498, 8027, W-2G, or other form 
treated as a form specified in this paragraph (b)(1) is required by the 
applicable regulations or revenue procedures for the purpose of making 
an information return, the information required by the form must be 
submitted on magnetic media, except as otherwise provided in paragraph 
(c) of this section. Returns on magnetic media must be made in 
accordance with applicable revenue procedures or publications (see Sec. 
601.601(d)(2)(ii)(b) of this chapter). Pursuant to these procedures, the 
consent of the Commissioner of Internal Revenue (or other authorized 
officer or employee of the Internal Revenue Service) to a magnetic 
medium must be obtained by submitting Form 4419 (Application for Filing 
Information Returns Magnetically/Electronically) prior to submitting a 
return described in this paragraph (b)(1) on the magnetic medium.
    (2) If the use of Form W-2 (Wage and Tax Statement), Form 499R-2/W-
2PR (Withholding Statement (Puerto Rico)), Form W-2VI (U.S. Virgin 
Islands Wage and Tax Statement), Form W-2GU (Guam Wage and Tax 
Statement), Form W-2AS (American Samoa Wage and Tax Statement), or other 
form treated as a form specified in this paragraph (b)(2) is required 
for the purpose of making an information return, the information 
required by the form must be submitted on magnetic media, except as 
otherwise provided in paragraph (c) of this section. Returns described 
in this paragraph (b)(2) must be made in accordance with applicable 
Social Security Administration procedures or publications (which may be 
obtained from the local office of the Social Security Administration).
    (3) The Commissioner may prescribe by revenue procedure that 
additional forms are treated, for purposes of this section, as forms 
specified in paragraph (b)(1) or (b)(2) of this section.
    (c) Exceptions--(1) Low-volume filers/250-threshold--(i) In general. 
No person is required to file information returns on magnetic media 
unless the person is required to file 250 or more returns during the 
calendar year. Persons filing fewer than 250 returns during the calendar 
year may make the returns on the prescribed paper form, or, 
alternatively, such persons may make returns on magnetic media in 
accordance with paragraph (b) of this section.
    (ii) Machine-readable forms. Returns made on a paper form under this 
paragraph (c)(1) shall be machine-readable if applicable revenue 
procedures provide for a machine-readable paper form.
    (iii) No aggregation. Each type of information return described in 
paragraphs (b)(1) and (2) of this section is considered a separate 
return for purposes of this paragraph (c)(1). Therefore, the 250-
threshold applies separately to each type of form required to be filed.
    (iv) Examples. The provisions of paragraph (c)(1)(iii) of this 
section are illustrated by the following examples:

    Example 1. For the calendar year ending December 31, 1998, Company X 
is required to file 200 returns on Form 1099-INT and 350 returns on Form 
1099-MISC. Company X is not required to file Forms 1099-INT on magnetic

[[Page 22]]

media but is required to file Forms 1099-MISC on magnetic media.
    Example 2. During the calendar year ending December 31, 1998, 
Company Y has 275 employees in Puerto Rico and 50 employees in American 
Samoa. Company Y is required to file Forms 499R-2/W-2PR on magnetic 
media but is not required to file Forms W-2AS on magnetic media.
    Example 3. For the calendar year ending December 31, 1998, Company Z 
files 300 original returns on Form 1099-DIV and later files 70 corrected 
returns on Form 1099-DIV. Company Z is required to file the original 
returns on magnetic media. However, Company Z is not required to file 
the corrected returns on magnetic media because the corrected returns 
fall under the 250-threshold. See Sec. 301.6721-1(a)(2)(ii).

    (2) Waiver. (i) The Commissioner may waive the requirements of this 
section if hardship is shown in a request for waiver filed in accordance 
with this paragraph (c)(2)(i). The principal factor in determining 
hardship will be the amount, if any, by which the cost of filing the 
information returns in accordance with this section exceeds the cost of 
filing the returns on other media. Notwithstanding the foregoing, if an 
employer is required to make a final return on Form 941, or a variation 
thereof, and expedited filing of Forms W-2, Forms 499R-2/W-2PR, Forms W-
2VI, Forms W-2GU, or Form W-2AS is required, the unavailability of the 
specifications for magnetic media filing will be treated as creating a 
hardship (see Sec. 31.6071(a)-1(a)(3)(ii) of this chapter). A request 
for waiver must be made in accordance with applicable revenue procedures 
or publications (see Sec. 601.601(d)(2)(ii)(b) of this chapter). 
Pursuant to these procedures, a request for waiver should be filed at 
least 45 days before the due date of the information return in order for 
the Service to have adequate time to respond to the request for waiver. 
The waiver will specify the type of information return and the period to 
which it applies and will be subject to such terms and conditions 
regarding the method of reporting as may be prescribed by the 
Commissioner.
    (ii) The Commissioner may prescribe rules that supplement the 
provisions of paragraph (c)(2)(i) of this section.
    (d) Paper form returns. Returns submitted on paper forms (whether or 
not machine-readable) permitted under paragraph (c) of this section 
shall be in accordance with applicable Internal Revenue Service or 
Social Security Administration procedures.
    (e) Applicability of current procedures. Until procedures are 
prescribed which further implement the mandatory filing on magnetic 
media provided by this section, a return to which this section applies 
shall be made in the manner and shall be subject to the requirements and 
conditions (including the requirement of applying for consent to the 
magnetic medium) prescribed in the regulations, revenue procedures and 
Social Security Administration publications relating to the filing of 
such return on magnetic media.
    (f) Failure to file. If a person fails to file an information return 
on magnetic media when required to do so by this section, the person is 
deemed to have failed to file the return. In addition, if a person 
making returns on a paper form under paragraph (c) of this section fails 
to file a return on machine-readable paper form when required to do so 
by this section, the person is deemed to have failed to file the return. 
See sections 6652, 6693, and 6721 for penalties for failure to file 
certain returns. See also section 6724 and the regulations under section 
6721 for the specific rules and limitations regarding the penalty 
imposed under section 6721 for failure to file on magnetic media.
    (g) Effective dates. (1) Except as otherwise provided in paragraph 
(g)(2) or (3) of this section, this section applies to returns required 
to be filed after December 31, 1986.
    (2) Paragraphs (a)(1), (b)(1), (b)(2), (c)(1)(i), (c)(1)(iii), 
(c)(1)(iv), (c)(2), (d), (e), and (f) of this section are effective for 
information returns required to be filed after December 31, 1996. For 
information returns required to be filed after December 31, 1989, and 
before January 1, 1997, see section 6011(e).
    (3) This section applies to returns on Forms 1098-E, ``Student Loan 
Interest Statement,'' and 1098-T, ``Tuition

[[Page 23]]

Statement,'' filed after December 31, 2003.

[T.D. 8081, 51 FR 10348, Mar. 25, 1986, as amended by T.D. 8097, 51 FR 
30352, Aug. 26, 1986; T.D. 8140, 52 FR 19137, May 21, 1987; T.D. 8636, 
60 FR 66142, Dec. 21, 1995; T.D. 8772, 63 FR 35519, June 30, 1998; T.D. 
8992, 67 FR 20907, Apr. 29, 2002; T.D. 9029, 67 FR 77687, Dec. 19, 2002]



Sec. 301.6011-3  Required use of magnetic media for partnership returns.

    (a) Partnership returns required on magnetic media. If a partnership 
with more than 100 partners is required to file a partnership return 
pursuant to Sec. 1.6031(a)-1 of this chapter, the information required 
by the applicable forms and schedules must be filed on magnetic media, 
except as otherwise provided in paragraph (b) of this section. Returns 
filed on magnetic media must be made in accordance with applicable 
revenue procedures or publications. In prescribing revenue procedures or 
publications, the Commissioner may determine that partnerships will be 
required to use any one form of magnetic media filing. For example, the 
Commissioner may determine that partnerships with more than 100 partners 
must file their partnership returns electronically. In filing its 
return, a partnership must register to participate in the magnetic media 
filing program in the manner prescribed by the Internal Revenue Service 
in applicable revenue procedures or publications.
    (b) Waiver. The Commissioner may waive the requirements of this 
section if hardship is shown in a request for waiver filed in accordance 
with this paragraph (b). A determination of hardship will be based upon 
all of the facts and circumstances. One factor in determining hardship 
will be the reasonableness of the incremental cost to the partnership of 
complying with the magnetic media filing requirements. Other factors, 
such as equipment breakdowns or destruction of magnetic media filing 
equipment, also may be considered. A request for waiver must be made in 
accordance with applicable revenue procedures or publications. The 
waiver will specify the type of partnership return and the period to 
which it applies. The waiver will also be subject to such terms and 
conditions regarding the method of filing as may be prescribed by the 
Commissioner.
    (c) Failure to file. If a partnership fails to file a partnership 
return on magnetic media in the manner required and when required to do 
so by this section, the partnership will be deemed to have failed to 
file the return in the manner prescribed for purposes of the information 
return penalty under section 6721. See Sec. 301.6724-1(c)(3) for rules 
regarding the waiver of penalties for undue economic hardship relating 
to filing returns on magnetic media.
    (d) Meaning of terms. The following definitions apply for purposes 
of this section:
    (1) Magnetic media. The term magnetic media means any magnetic media 
permitted under applicable regulations, revenue procedures, or 
publications. These generally include magnetic tape, tape cartridge, and 
diskette, as well as other media (such as electronic filing) 
specifically permitted under the applicable regulations, procedures, or 
publications.
    (2) Partnership. The term partnership means a partnership as defined 
in Sec. 1.761-1(a) of this chapter.
    (3) Partner. The term partner means a member of a partnership as 
defined in section 7701(a)(2).
    (4) Partnership return. The term partnership return means a form in 
Series 1065 (including Form 1065, U.S. Partnership Return of Income, and 
Form 1065-B, U.S. Return of Income for Electing Large Partnerships), 
along with the corresponding Schedules K-1 and all other related forms 
and schedules that are required to be attached to the Series 1065 form.
    (5) Partnerships with more than 100 partners. A partnership has more 
than 100 partners if, over the course of the partnership's taxable year, 
the partnership had more than 100 partners, regardless of whether a 
partner was a partner for the entire year or whether the partnership had 
over 100 partners on any particular day in the year. For purposes of 
this paragraph (d)(5), however, only those persons having a direct 
interest in the partnership must be considered partners for purposes of

[[Page 24]]

determining the number of partners during the partnership's taxable 
year.
    (e) Examples. The following examples illustrate the provisions of 
paragraph (d)(5) of this section. In the examples, the partnerships 
utilize the calendar year, and the taxable year in question is 2000:

    Example 1. Partnership P had five general partners and 90 limited 
partners on January 1, 2000. On March 15, 2000, 10 more limited partners 
acquired an interest in P. On September 29, 2000, the 10 newest partners 
sold their individual partnership interests to C, a corporation which 
was one of the original 90 limited partners. On December 31, 2000, P had 
the same five general partners and 90 limited partners it had on January 
1, 2000. P had a total of 105 partners over the course of partnership 
taxable year 2000. Therefore, P must file its 2000 partnership return on 
magnetic media.
    Example 2. Partnership Q is a general partnership that had 95 
partners on January 1, 2000. On March 15, 2000, 10 partners sold their 
individual partnership interests to corporation D, which was not 
previously a partner in Q. On September 29, 2000, corporation D sold 
one-half of its partnership interest in equal shares to five 
individuals, who were not previously partners in Q. On December 31, 
2000, Q had a total of 91 partners, and on no date in the year did Q 
have more than 100 partners. Over the course of the year, however, Q had 
101 partners. Therefore, Q must file its 2000 partnership return on 
magnetic media.
    Example 3. Partnership G is a general partnership with 100 partners 
on January 1, 2000. There are no new partners added to G in 2000. One of 
G's partners, A, is a partnership with 53 partners. A is one partner, 
regardless of the number of partners A has. Therefore, G has 100 
partners and is not required to file its 2000 partnership return on 
magnetic media.

    (f) Effective date. In general, this section applies to partnership 
returns for taxable years ending on or after December 31, 2000. However, 
electing large partnerships under section 775 and partnerships using 
foreign addresses on their Series 1065 forms are not required to file 
using magnetic media for taxable years ending before January 1, 2001.

[T.D. 8843, 64 FR 61503, Nov. 12, 1999]



Sec. 301.6011-5  Required use of magnetic media for corporate income tax returns.

    (a) Corporate income tax returns required on magnetic media--(1) A 
corporation required to file a corporate income tax return on Form 1120, 
``U.S. Corporation Income Tax Return,'' under Sec. 1.6012-2 of this 
chapter must file its corporate income tax return on magnetic media if 
the corporation is required by the Internal Revenue Code or regulations 
to file at least 250 returns during the calendar year. Returns filed on 
magnetic media must be made in accordance with applicable revenue 
procedures, publications, forms, or instructions. In prescribing revenue 
procedures, publications, forms, or instructions, the Commissioner may 
direct the type of magnetic media filing. (See Sec. 601.601(d)(2) of 
this chapter.)
    (2) All members of a controlled group of corporations must file 
their corporate income tax returns on magnetic media if the aggregate 
number of returns required to be filed by the controlled group of 
corporations is at least 250.
    (b) Waiver. The Commissioner may grant waivers of the requirements 
of this section in cases of undue hardship. A request for waiver must be 
made in accordance with applicable revenue procedures or publications. 
The waiver also will be subject to the terms and conditions regarding 
the method of filing as may be prescribed by the Commissioner.
    (c) Failure to file. If a corporation fails to file a corporate 
income tax return on magnetic media when required to do so by this 
section, the corporation is deemed to have failed to file the return. 
(See section 6651 for the addition to tax for failure to file a return). 
In determining whether there is reasonable cause for failure to file the 
return, Sec. 301.6651-1(c) and rules similar to the rules in Sec. 
301.6724-1(c)(3) (undue economic hardship related to filing information 
returns on magnetic media) will apply.
    (d) Meaning of terms. The following definitions apply for purposes 
of this section:
    (1) Magnetic media. The term magnetic media means any magnetic media 
permitted under applicable regulations, revenue procedures, or 
publications. These generally include magnetic tape, tape cartridge, and 
diskette, as well as other media, such as electronic filing,

[[Page 25]]

specifically permitted under the applicable regulations, procedures, 
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this 
chapter).
    (2) Corporation. The term corporation means a corporation as defined 
in section 7701(a)(3).
    (3) Controlled group of corporations. The term controlled group of 
corporations means a group of corporations as defined in section 
1563(a).
    (4) Corporate income tax return. The term corporate income tax 
return means a Form 1120, ``U.S. Corporation Income Tax Return,'' along 
with all other related forms, schedules, and statements that are 
required to be attached to the Form 1120, and all members of the Form 
1120 series of returns, including amended and superseding returns.
    (5) Determination of 250 returns. For purposes of this section, a 
corporation or controlled group of corporations is required to file at 
least 250 returns if, during the calendar year ending with or within the 
taxable year of the corporation or the controlled group, the corporation 
or the controlled group is required to file at least 250 returns of any 
type, including information returns (for example, Forms W-2, Forms 
1099), income tax returns, employment tax returns, and excise tax 
returns. In the case of a short year return, a corporation is required 
to file at least 250 returns if, during the calendar year which includes 
the short taxable year of the corporation, the corporation is required 
to file at least 250 returns of any type, including information returns 
(for example, Forms W-2, Forms 1099), income tax returns, employment tax 
returns, and excise tax returns. If the corporation is a member of a 
controlled group, the determination of the number of returns includes 
all returns required to be filed by all members of the controlled group 
during the calendar year ending with or within the taxable year of the 
controlled group.
    (e) Example. The following example illustrates the provisions of 
paragraph (d)(5) of this section:

    Example. The taxable year of Corporation X, a fiscal year taxpayer 
with assets in excess of $10 million, ends on September 30. During the 
calendar year ending December 31, 2007, X was required to file one Form 
1120, ``U.S. Corporation Income Tax Return,'' 100 Forms W-2, ``Wage and 
Tax Statement,'' 146 Forms 1099-DIV, ``Dividends and Distributions,'' 
one Form 940, ``Employer's Annual Federal Unemployment (FUTA) Tax 
Return,'' and four Forms 941, ``Employer's Quarterly Federal Tax 
Return.'' Because X is required to file 252 returns during the calendar 
year that ended within its taxable year ending September 30, 2008, X is 
required to file its Form 1120 electronically for its taxable year 
ending September 30, 2008.

    (f) Effective/applicability dates. This section applies to corporate 
income tax returns for corporations that report total assets at the end 
of the corporation's taxable year that equal or exceed $10 million on 
Schedule L of their Form 1120, for taxable years ending on or after 
December 31, 2006, except for the application of the short year rules in 
paragraph (d)(5) of this section, which is applicable for taxable years 
ending on or after November 13, 2007.

[T.D. 9363, 72 FR 63811, Nov. 13, 2007]



Sec. 301.6011-6  Statement of series and series organizations [Reserved]



Sec. 301.6011-7  Specified tax return preparers required to file individual income

tax returns using magnetic media.

    (a) Definitions.
    (1) Magnetic media. For purposes of this section, the term magnetic 
media has the same meaning as in Sec. 301.6011-2(a)(1).
    (2) Individual income tax return. The term individual income tax 
return means any return of tax imposed by subtitle A on individuals, 
estates, and trusts.
    (3) Specified tax return preparer. The term specified tax return 
preparer means any person who is a tax return preparer, as defined in 
section 7701(a)(36) and Sec. 301.7701-15, unless that person reasonably 
expects to file 10 or fewer individual income tax returns in a calendar 
year. If a person who is a tax return preparer is a member of a firm, 
that person is a specified tax return preparer unless the person's firm 
members in the aggregate reasonably expect to file 10 or fewer 
individual income tax returns in a calendar year. Solely for the 2011 
calendar year, a person will not be considered a specified tax return 
preparer if that person reasonably expects, or if the person is a member 
of a

[[Page 26]]

firm, the firm's members in the aggregate reasonably expect, to file 
fewer than 100 individual income tax returns in the 2011 calendar year. 
Solely for purposes of this section, a person is considered a member of 
a firm if the person is an employee, agent, member, partner, 
shareholder, or other equity holder of the firm.
    (4) File or Filed. (i) For purposes of section 6011(e)(3) and these 
regulations only, an individual income tax return is considered to be 
``filed'' by a tax return preparer or a specified tax return preparer if 
the preparer submits the individual income tax return to the IRS on the 
taxpayer's behalf, either electronically (by e-file or other magnetic 
media) or in non-electronic (paper) form. Submission of an individual 
income tax return by a tax return preparer or a specified tax return 
preparer in non-electronic form includes the transmission, sending, 
mailing or otherwise delivering of the paper individual income tax 
return to the IRS by the preparer, any member, employee, or agent of the 
preparer, or any member, employee, or agent of the preparer's firm.
    (ii) An individual income tax return will not be considered to be 
filed, as defined in paragraph (a)(4)(i) of this section, by a tax 
return preparer or specified tax return preparer if the tax return 
preparer or specified tax return preparer who prepared the return 
obtains, on or prior to the date the individual income tax return is 
filed, a hand-signed and dated statement from the taxpayer (by either 
spouse if a joint return) that states the taxpayer chooses to file the 
individual income tax return in paper format, and that the taxpayer, and 
not the preparer, will submit the paper individual income tax return to 
the IRS. The IRS may provide guidance through forms, instructions or 
other appropriate guidance regarding how tax return preparers and 
specified tax return preparers can document a taxpayer's choice to file 
an individual income tax return in paper format.
    (iii) The rules contained in this section do not alter or affect a 
taxpayer's obligation to file returns under any other provision of law. 
The definition of file or filed by a tax return preparer or specified 
tax return preparer contained in paragraph (a)(4)(i) of this section 
applies only for the purposes of section 6011(e)(3) and these 
regulations and does not apply for any other purpose under any other 
provision of law.
    (b) Magnetic media filing requirement. Except as provided in 
paragraphs (a)(4)(ii) and (c) of this section, any individual income tax 
return prepared by a specified tax return preparer in a calendar year 
must be filed on magnetic media if the return is filed by the specified 
tax return preparer.
    (c) Exclusions. The following exclusions apply to the magnetic media 
filing requirement in this section:
    (1) Undue hardship waiver. The IRS may grant a waiver of the 
requirement of this section in cases of undue hardship. An undue 
hardship waiver may be granted upon application by a specified tax 
return preparer consistent with instructions provided in published 
guidance and as prescribed in relevant forms and instructions. A 
determination of undue hardship will be based upon all facts and 
circumstances. The undue hardship waiver provided to a specified tax 
return preparer may apply to a series or class of individual income tax 
returns or for a specified period of time, subject to the terms and 
conditions regarding the method of filing prescribed in such waiver.
    (2) Administrative exemptions. The IRS may provide administrative 
exemptions from the requirement of this section for certain classes of 
specified tax return preparers, or regarding certain types of individual 
income tax returns, as the IRS determines necessary to promote effective 
and efficient tax administration. The IRS may provide administrative 
exemptions and any criteria or procedures necessary to claim an 
administrative exemption through forms, instructions, or other 
appropriate guidance.
    (d) Reasonably expect to file--(1) In general. The determination of 
whether a tax return preparer reasonably expects, or if the preparer is 
a member of a firm, the firm's members in the aggregate reasonably 
expect, to file 10 or fewer individual income tax returns (or, in the 
case of the 2011 calendar year, fewer than 100 individual income

[[Page 27]]

tax returns) is made by adding together all of the individual income tax 
returns the tax return preparer and, if the preparer is a member of a 
firm, the firm's members reasonably expect to prepare and file in the 
calendar year. In making this determination, individual income tax 
returns that the tax return preparer reasonably expects will not be 
subject to the magnetic media filing requirement under paragraph 
(a)(4)(ii) of this section or are excluded from the requirement under 
(c)(2) of this section are not to be counted. Individual income tax 
returns excluded from the magnetic media filing requirement under 
paragraph (c)(1) of this section are to be counted for purposes of 
making this determination.
    (2) Time for making determination of reasonable expectations. The 
determination regarding reasonable expectations is made separately for 
each calendar year in order to ascertain whether the magnetic media 
filing requirement applies to a tax return preparer for that year. For 
each calendar year, the determination of whether a tax return preparer 
and the preparer's firm reasonably expect to file 10 or fewer individual 
income tax returns (or, in the case of the 2011 calendar year, fewer 
than 100 individual income tax returns) is made based on all relevant, 
objective, and demonstrable facts and circumstances prior to the time 
the tax return preparer and the preparer's firm first file an individual 
income tax return during the calendar year.
    (e) Examples. The following examples illustrate the rules of 
paragraphs (a) through (d) of this section.

    Example 1. Tax Return Preparer A is an accountant who recently 
graduated from college with an accounting degree and has opened his own 
practice. A has not prepared individual income tax returns for 
compensation in the past and does not plan to focus his practice on 
individual income tax return preparation. A intends instead to focus his 
practice on providing specialized accounting services to certain health 
care service providers. A has no plans to, and does not, employ or 
engage any other tax return preparers. A estimates that he may be asked 
by some clients to prepare and file their individual income tax returns 
for compensation, but A expects that the number of people who do ask him 
to provide this service will be no more than seven in 2012. In fact, A 
actually prepares and files six paper Forms 1040 (U.S. Individual Income 
Tax Return) in 2012. Due to a growing client base, and based upon his 
experience in 2012, A expects that the number of individual income tax 
returns he will prepare and file in 2013 will at least double, 
estimating he will prepare and file 12 Form 1040 returns in 2013. A does 
not qualify as a specified tax return preparer for 2012 because A 
reasonably expects to file 10 or fewer returns (seven) in 2012. 
Consequently, A is not required to electronically file the individual 
income tax returns he prepares and files in 2012. A's expectation is 
reasonable based on his business projections, individual income tax 
return filing history, and staffing decisions. A is a specified tax 
return preparer in 2013, however, because based on those same factors A 
reasonably expects to file more than 10 individual income tax returns 
(12) during that calendar year. A, therefore, must electronically file 
all individual income tax returns that A prepares and files in 2013 that 
are not otherwise excluded from the electronic filing requirement.
    Example 2. Same facts as in Example 1, except three of Tax Return 
Preparer A's clients specifically chose to have A prepare their 
individual income tax returns in paper format in 2012 with the clients 
mailing their respective returns to the IRS. A expects that these three 
clients will similarly choose to have him prepare their returns in paper 
format in 2013, with the clients being responsible for mailing their 
returns to the IRS. A is not required to electronically file these three 
returns in 2013 because the taxpayers chose to file their returns in 
paper format. A obtained a hand-signed and dated statement from each of 
those taxpayers, indicating that they chose to file their returns in 
paper format. These three individual income tax returns are not counted 
in determining how many individual income tax returns A reasonably 
expects to file in 2013. Because the total number of individual income 
tax returns A reasonably expects to file in 2013 (nine) does not exceed 
10, A is not a specified tax return preparer for calendar year 2013, and 
A is not required to electronically file any individual income tax 
return that he prepares and files in 2013.
    Example 3. Tax Return Preparer B is a solo general practice attorney 
in a small county. Her practice includes the preparation of wills and 
assisting executors in administering estates. As part of her practice, B 
infrequently prepares and files Forms 1041 (U.S. Income Tax Return for 
Estates and Trusts) for executors. In the past three years, she prepared 
and filed an average of five Forms 1041 each year and never exceeded 
more than seven Forms 1041 in any year. Based on B's prior experience 
and her estimate for 2012, made prior to the time she first files an 
individual income tax return in 2012, she reasonably expects to prepare 
and file no more than five Forms 1041 in 2012. Due

[[Page 28]]

to the unforeseen deaths of several of her clients in late 2011, B 
actually prepares and files 12 Forms 1041 in 2012. B does not find out 
about these deaths until after she has already filed the first Form 1041 
in 2012 for another client. B is not required to electronically file 
these returns in 2012. She does not qualify as a specified tax return 
preparer for calendar year 2012 because prior to the time she filed the 
first Form 1041 in 2012, she reasonably expected to file 10 or fewer 
individual income tax returns in 2012.
    Example 4. Same facts as Example 3, except, in addition to the five 
Forms 1041 that she expects to prepare and file in 2012, Tax Return 
Preparer B also expects to prepare and file 10 paper Forms 1040 (U.S. 
Individual Income Tax Return) in 2012, based upon the requests that she 
has received from some of her clients. Because the total number of 
individual income tax returns B reasonably expects to file in 2012 
(fifteen) exceeds 10, B is a specified tax return preparer for calendar 
year 2012, and B must electronically file all individual income tax 
returns that B prepares and files in 2012 that are not otherwise 
excluded from the electronic filing requirement.
    Example 5. Firm X consists of two tax return preparers, Tax Return 
Preparer C who owns Firm X, and Tax Return Preparer D who is employed by 
C in Firm X. Based upon the firm's experience over the past three years, 
C and D reasonably expect to file nine and ten individual income tax 
returns for compensation, respectively, in 2012. Both C and D must 
electronically file the individual income tax returns that they prepare 
in 2012, unless the returns are otherwise excluded from the electronic 
filing requirement, because they are members of the same firm and the 
aggregated total of individual income tax returns that they reasonably 
expect to file in 2012 (nineteen), exceeds 10 individual income tax 
returns.

    (f) Additional guidance. The IRS may implement the requirements of 
this section through additional guidance, including by revenue 
procedures, notices, publications, forms and instructions, including 
those issued electronically.
    (g) Effective/applicability date. This section is effective on March 
30, 2011, and applicable to individual income tax returns filed after 
December 31, 2010.

[T.D. 9518, 76 FR 17528, Mar. 30, 2011]



Sec. 301.6011(g)-1  Disclosure by taxable party to the tax-exempt entity.

    (a) Requirement of disclosure--(1) In general. Except as provided in 
paragraph (d)(2) of this section, any taxable party (as defined in 
paragraph (c) of this section) to a prohibited tax shelter transaction 
(as defined in section 4965(e) and Sec. 53.4965-3 of this chapter) must 
disclose by statement to each tax-exempt entity (as defined in section 
4965(c) and Sec. 53.4965-2 of this chapter) that the taxable party 
knows or has reason to know is a party to such transaction (as defined 
in paragraph (b) of this section) that the transaction is a prohibited 
tax shelter transaction.
    (2) Determining whether a taxable party knows or has reason to know. 
Whether a taxable party knows or has reason to know that a tax-exempt 
entity is a party to a prohibited tax shelter transaction is based on 
all the facts and circumstances. If the taxable party knows or has 
reason to know that a prohibited tax shelter transaction involves a tax-
exempt, tax indifferent or tax-favored entity, relevant factors for 
determining whether the taxable party knows or has reason to know that a 
specific tax-exempt entity is a party to the transaction include--
    (i) The extent of the efforts made to determine whether a tax-exempt 
entity is facilitating the transaction by reason of its tax-exempt, tax 
indifferent or tax-favored status (or is identified in published 
guidance, by type, class or role, as a party to the transaction); and
    (ii) If a tax-exempt entity is facilitating the transaction by 
reason of its tax-exempt, tax indifferent or tax-favored status (or is 
identified in published guidance, by type, class or role, as a party to 
the transaction), the extent of the efforts made to determine the 
identity of the tax-exempt entity.
    (b) Definition of tax-exempt party to a prohibited tax shelter 
transaction. For purposes of section 6011(g), a tax-exempt entity is a 
party to a prohibited tax shelter transaction if the entity is defined 
as such under Sec. 53.4965-4 of this chapter.
    (c) Definition of taxable party--(1) In general. For purposes of 
this section, the term taxable party means--
    (i) A person who has entered into and participates or expects to 
participate in the transaction under Sec. Sec. 1.6011-4(c)(3)(i)(A), 
(B), or (C), 20.6011-4, 25.6011-4, 31.6011-4, 53.6011-4, 54.6011-4, or 
56.6011-4 of this chapter; or

[[Page 29]]

    (ii) A person who is designated as a taxable party by the Secretary 
in published guidance.
    (2) Special rules--(i) Certain listed transactions. If a transaction 
that was otherwise not a prohibited tax shelter transaction becomes a 
listed transaction after the filing of a person's tax return (including 
an amended return) reflecting either tax consequences or a tax strategy 
described in the published guidance listing the transaction (or a tax 
benefit derived from tax consequences or a tax strategy described in the 
published guidance listing the transaction), the person is a taxable 
party beginning on the date the transaction is described as a listed 
transaction in published guidance.
    (ii) Persons designated as non-parties. Published guidance may 
identify which persons, by type, class or role, will not be treated as a 
party to a prohibited tax shelter transaction for purposes of section 
6011(g).
    (d) Time for providing disclosure statement--(1) In general. A 
taxable party to a prohibited tax shelter transaction must make the 
disclosure required by this section to each tax-exempt entity that the 
taxable party knows or has reason to know is a party to the transaction 
within 60 days after the last to occur of--
    (i) The date the person becomes a taxable party to the transaction 
within the meaning of paragraph (c) of this section;
    (ii) The date the taxable party knows or has reason to know that the 
tax-exempt entity is a party to the transaction within the meaning of 
paragraph (b) of this section; or
    (iii) July 6, 2010.
    (2) Termination of a disclosure obligation. A person shall not be 
required to provide the disclosure otherwise required by this section if 
the person does not know or have reason to know that the tax-exempt 
entity is a party to the transaction within the meaning of paragraph (b) 
of this section on or before the first date on which the transaction is 
required to be disclosed by the person under Sec. Sec. 1.6011-4, 
20.6011-4, 25.6011-4, 31.6011-4, 53.6011-4, 54.6011-4, or 56.6011-4 of 
this chapter.
    (3) Disclosure is not required with respect to any prohibited tax 
shelter transaction entered into by a tax-exempt entity on or before May 
17, 2006.
    (e) Frequency of disclosure. One disclosure statement is required 
per tax-exempt entity per transaction. See paragraph (h) of this section 
for rules relating to designation agreements.
    (f) Form and content of disclosure statement. The statement 
disclosing to the tax-exempt entity that the transaction is a prohibited 
tax shelter transaction must be a written statement that--
    (1) Identifies the type of prohibited tax shelter transaction 
(including the published guidance citation for a listed transaction); 
and
    (2) States that the tax-exempt entity's involvement in the 
transaction may subject either it or its entity manager(s) or both to 
excise taxes under section 4965 and to disclosure obligations under 
section 6033(a) of the Internal Revenue Code.
    (g) To whom disclosure is made. The disclosure statement must be 
provided--
    (1) In the case of a non-plan entity as defined in Sec. 53.4965-
2(b) of this chapter, to--
    (i) Any entity manager of the tax-exempt entity with authority or 
responsibility similar to that exercised by an officer, director or 
trustee of an organization; or
    (ii) If a person described in paragraph (g)(1)(i) of this section is 
not known, to the primary contact on the transaction.
    (2) In the case of a plan entity as defined in Sec. 53.4965-2(c) of 
this chapter, including a fully self-directed qualified plan, IRA, or 
other savings arrangement, to any entity manager of the plan entity who 
approved or otherwise caused the entity to become a party to the 
prohibited tax shelter transaction.
    (h) Designation agreements. If more than one taxable party is 
required to disclose a prohibited tax shelter transaction under this 
section, the taxable parties may designate by written agreement a single 
taxable party to disclose the transaction. The transaction must then be 
disclosed in accordance with this section. The designation of one 
taxable party to disclose the transaction does not relieve the other 
taxable parties of their obligation to disclose the transaction to a

[[Page 30]]

tax-exempt entity that is a party to the transaction in accordance with 
this section, if the designated taxable party fails to disclose the 
transaction to the tax-exempt entity in a timely manner.
    (i) Penalty for failure to provide disclosure statement. See section 
6707A for the penalty applicable to the failure to disclose a prohibited 
tax shelter transaction in accordance with this section.
    (j) Effective date/applicability date. This section will apply with 
respect to transactions entered into by a tax-exempt entity after May 
17, 2006.

[T.D. 9492, 75 FR 38709, July 6, 2010]

                           Income Tax Returns



Sec. 301.6012-1  Persons required to make returns of income.

    For provisions with respect to persons required to make returns of 
income, see Sec. Sec. 1.6012-1 to 1.6012-4, inclusive, of this chapter 
(Income Tax Regulations).



Sec. 301.6013-1  Joint returns of income tax by husband and wife.

    For provisions with respect to joint returns of income tax by 
husband and wife, see Sec. Sec. 1.6013-1 to 1.6013-7, inclusive, of 
this chapter (Income Tax Regulations).

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7670, 45 FR 6932, Jan. 
31, 1980]



Sec. 301.6014-1  Income tax return--tax not computed by taxpayer.

    For provisions relating to the election not to show on an income tax 
return the amount of tax due in connection therewith, see Sec. Sec. 
1.6014-1 and 1.6014-2 of this chapter (Income Tax Regulations).

[T.D. 7102, 36 FR 5498, Mar. 24, 1971]



Sec. 301.6015-1  Declaration of estimated income tax by individuals.

    For provisions relating to requirements of declarations of estimated 
income tax by individuals, see Sec. Sec. 1.6015 (a)-1 through 1.6015 
(j)-1 of this chapter (Income Tax Regulations).

[T.D. 7427, 41 FR 34033, Aug. 12, 1976]



Sec. 301.6016-1  Declarations of estimated income tax by corporations.

    For provisions concerning the requirement of declarations of 
estimated income tax by corporations, see Sec. Sec. 1.6016-1 to 1.6016-
4, inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6017-1  Self-employment tax returns.

    For provisions relating to the requirement of self-employment tax 
returns, see Sec. 1.6017-1 of this chapter (Income Tax Regulations).

                       Estate and Gift Tax Returns



Sec. 301.6018-1  Estate tax returns.

    For provisions relating to requirement of estate tax returns, see 
Sec. Sec. 20.6018-1 to 20.6018-4, inclusive, of this chapter (Estate 
Tax Regulations).



Sec. 301.6019-1  Gift tax returns.

    For provisions relating to requirement of gift tax returns, see 
Sec. Sec. 25.6019-1 to 25.6019-4, inclusive, of this chapter (Gift Tax 
Regulations).

                        Miscellaneous Provisions



Sec. 301.6020-1  Returns prepared or executed by the Commissioner or other Internal Revenue Officers.

    (a) Preparation of returns--(1) In general. If any person required 
by the Internal Revenue Code or by the regulations to make a return 
fails to make such return, it may be prepared by the Commissioner or 
other authorized Internal Revenue Officer or employee provided such 
person consents to disclose all information necessary for the 
preparation of such return. The return upon being signed by the person 
required to make it shall be received by the Commissioner as the return 
of such person.
    (2) Responsibility of person for whom return is prepared. A person 
for whom a return is prepared in accordance with paragraph (a)(1) of 
this section shall for all legal purposes remain responsible for the 
correctness of the return to the same extent as if the return had been 
prepared by him.
    (b) Execution of returns--(1) In general. If any person required by 
the Internal Revenue Code or by the regulations to

[[Page 31]]

make a return (other than a declaration of estimated tax required under 
section 6654 or 6655) fails to make such return at the time prescribed 
therefore, or makes, willfully or otherwise, a false, fraudulent or 
frivolous return, the Commissioner or other authorized Internal Revenue 
Officer or employee shall make such return from his own knowledge and 
from such information as he can obtain through testimony or otherwise. 
The Commissioner or other authorized Internal Revenue Officer or 
employee may make the return by gathering information and making 
computations through electronic, automated or other means to make a 
determination of the taxpayer's tax liability.
    (2) Form of the return. A document (or set of documents) signed by 
the Commissioner or other authorized Internal Revenue Officer or 
employee shall be a return for a person described in paragraph (b)(1) of 
this section if the document (or set of documents) identifies the 
taxpayer by name and taxpayer identification number, contains sufficient 
information from which to compute the taxpayer's tax liability, and 
purports to be a return. A Form 13496, ``IRC Section 6020(b) 
Certification,'' or any other form that an authorized Internal Revenue 
Officer or employee signs and uses to identify a set of documents 
containing the information set forth in this paragraph as a section 
6020(b) return, and the documents identified, constitute a return under 
section 6020(b). A return may be signed by the name or title of an 
Internal Revenue Officer or employee being handwritten, stamped, typed, 
printed or otherwise mechanically affixed to the return, so long as that 
name or title was placed on the document to signify that the Internal 
Revenue Officer or employee adopted the document as a return for the 
taxpayer. The document and signature may be in written or electronic 
form.
    (3) Status of returns. Any return made in accordance with paragraph 
(b)(1) of this section and signed by the Commissioner or other 
authorized Internal Revenue Officer or employee shall be good and 
sufficient for all legal purposes except insofar as any Federal statute 
expressly provides otherwise. Furthermore, the return shall be treated 
as the return filed by the taxpayer for purposes of determining the 
amount of the addition to tax under sections 6651(a)(2) and (3).
    (4) Deficiency procedures. For deficiency procedures in the case of 
income, estate, and gift taxes, see sections 6211 through 6216, 
inclusive, and Sec. Sec. 301.6211-1 through 301.6215-1, inclusive.
    (5) Employment status procedures. For pre-assessment procedures in 
employment taxes cases involving worker classification, see section 7436 
(proceedings for determination of employment status).
    (6) Examples. The application of this paragraph (b) is illustrated 
by the following examples:

    Example 1. Individual A, a calendar-year taxpayer, fails to file his 
2003 return. Employee X, an Internal Revenue Service employee, opens an 
examination related to A's 2003 taxable year. At the end of the 
examination, X completes a Form 13496, ``IRC Section 6020(b) 
Certification,'' and attached to it the documents listed on the form. 
Those documents explain examination changes and provide sufficient 
information to compute A's tax liability. The Form 13496 provides that 
the Service employee identified on the form certifies that the attached 
pages constitute a return under section 6020(b). When X signs the 
certification package, the package constitutes a return under paragraph 
(b) of this section because the package identifies A by name, contains 
A's taxpayer identifying number (TIN), has sufficient information to 
compute A's tax liability, and contains a statement stating that it 
constitutes a return under section 6020(b). In addition, the Service 
will determine the amount of the additions to tax under section 
6651(a)(2) by treating the section 6020(b) return as the return filed by 
the taxpayer. Likewise, the Service will determine the amount of any 
addition to tax under section 6651(a)(3), which arises only after notice 
and demand for payment, by treating the section 6020(b) return as the 
return filed by the taxpayer.
    Example 2. Same facts as in Example 1, except that, after performing 
the examination, X does not compile any examination documents together 
as a related set of documents. X also does not sign and complete the 
Form 13496 nor associate the forms explaining examination changes with 
any other document. Because X did not sign any document stating that it 
constitutes a return under section 6020(b) and the documents otherwise 
do not purport to be a section 6020(b) return, the documents do not 
constitute a return under section 6020(b). Therefore, the Service

[[Page 32]]

cannot determine the section 6651(a)(2) addition to tax against nonfiler 
A for A's 2003 taxable year on the basis of those documents.
    Example 3. Individual C, a calendar-year taxpayer, fails to file his 
2003 return. The Service determines through its automated internal 
matching programs that C received reportable income and failed to file a 
return. The Service, again through its automated systems, generates a 
Letter 2566, ``30 Day Proposed Assessment (SFR-01) 910 SC/CG.'' This 
letter contains C's name, TIN, and has sufficient information to compute 
C's tax liability. Contemporaneous with the creation of the Letter 2566, 
the Service, through its automated system, electronically creates and 
stores a certification stating that the electronic data contained as 
part of C's account constitutes a valid return under section 6020(b) as 
of that date. Further, the electronic data includes the signature of the 
Service employee authorized to sign the section 6020(b) return upon its 
creation. Although the signature is stored electronically, it can appear 
as a printed name when the Service requests a paper copy of the 
certification. The electronically created information, signature, and 
certification is a return under section 6020(b). The Service will treat 
that return as the return filed by the taxpayer in determining the 
amount of the section 6651(a)(2) addition to tax with respect to C's 
2003 taxable year. Likewise, the Service will determine the amount of 
any addition to tax under section 6651(a)(3), which arises only after 
notice and demand for payment, by treating the section 6020(b) return as 
the return filed by the taxpayer.
    Example 4. Corporation M, a quarterly taxpayer, fails to file a Form 
941, ``Employer's Quarterly Federal Tax Return,'' for the second quarter 
of 2004. Q, a Service employee authorized to sign returns under section 
6020(b), prepares a Form 941 by hand, stating Corporation M's name, 
address, and TIN. Q completes the Form 941 by entering line item 
amounts, including the tax due, and then signs the document. The Form 
941 that Q prepared and signed constitutes a section 6020(b) return 
because the Form 941 purports to be a return under section 6020(b), the 
form contains M's name and TIN, and it includes sufficient information 
to compute M's tax liability for the second quarter of 2004.

    (c) Cross references--(1) For provisions that a return executed by 
the Commissioner or other authorized Internal Revenue Officer or 
employee will not start the running of the period of limitations on 
assessment and collection, see section 6501(b)(3) and Sec. 301.6501(b)-
1(e).
    (2) For determining the period of limitations on collection after 
assessment of a liability on a return executed by the Commissioner or 
other authorized Internal Revenue Officer or employee, see section 6502 
and Sec. 301.6502-1.
    (3) For additions to the tax and additional amounts for failure to 
file returns, see section 6651 and Sec. 301.6651-1, and section 6652 
and Sec. 301.6652-1, respectively.
    (4) For additions to the tax for failure to pay tax, see section 
6651 and Sec. 301.6651-1.
    (5) For criminal penalties for willful failure to make returns, see 
sections 7201, 7202 and 7203.
    (6) For criminal penalties for willfully making false or fraudulent 
returns, see sections 7206 and 7207.
    (7) For civil penalties for filing frivolous income tax returns, see 
section 6702.
    (8) For authority to examine books and witnesses, see section 7602 
and Sec. 301.7602-1.
    (d) Effective/Applicability date. This section is applicable on 
February 20, 2008.

[T.D. 9380, 73 FR 9189, Feb. 20, 2008]



Sec. 301.6021-1  Listing by district directors of taxable objects owned by 

nonresidents of internal revenue districts.

    Whenever there are in any internal revenue district any articles 
subject to tax, which are not owned or possessed by or under the care or 
control of any person within such district, and of which no list has 
been transmitted to the district director, as required by law or by 
regulations prescribed pursuant to law, the district director, or other 
authorized internal revenue officer or employee, shall enter the 
premises where such articles are situated, shall make such inspection of 
the articles as may be necessary, and shall make lists of the same 
according to the forms prescribed. Such lists, being subscribed by the 
district director or other authorized internal revenue officer or 
employee, shall be sufficient lists of such articles for all purposes.

[[Page 33]]

                           information returns

      Information Concerning Persons Subject to Special Provisions



Sec. 301.6031(a)-1  Return of partnership income.

    For provisions relating to the requirement of returns of partnership 
income, see Sec. 1.6031(a)-1 of this chapter.

[T.D. 8841, 64 FR 61502, Nov. 12, 1999]



Sec. 301.6032-1  Returns of banks with respect to common trust funds.

    For provisions relating to requirement of returns of banks with 
respect to common trust funds, see Sec. 1.6032-1 of this chapter 
(Income Tax Regulations).



Sec. 301.6033-1  Returns by exempt organizations.

    For provisions relating to the requirement of returns by exempt 
organizations, see Sec. 1.6033-1 of this chapter (Income Tax 
Regulations).



Sec. 301.6033-4  Required use of magnetic media for returns by organizations 

required to file returns under section 6033.

    (a) Returns by organizations required to file returns under section 
6033 on magnetic media. An organization required to file a return under 
section 6033 on Form 990, ``Return of Organization Exempt from Income 
Tax,'' or Form 990-PF, ``Return of Private Foundation or Section 
4947(a)(1) Trust Treated as a Private Foundation,'' must file its Form 
990 or 990-PF on magnetic media if the organization is required by the 
Internal Revenue Code or regulations to file at least 250 returns during 
the calendar year ending with or within its taxable year. Returns filed 
on magnetic media must be made in accordance with applicable revenue 
procedures, publications, forms, or instructions. In prescribing revenue 
procedures, publications, forms, or instructions, the Commissioner may 
direct the type of magnetic media filing. (See Sec. 601.601(d)(2) of 
this chapter).
    (b) Waiver. The Commissioner may grant waivers of the requirements 
of this section in cases of undue hardship. A request for waiver must be 
made in accordance with applicable revenue procedures or publications. 
The waiver also will be subject to the terms and conditions regarding 
the method of filing as may be prescribed by the Commissioner.
    (c) Failure to file. If an organization required to file a return 
under section 6033 fails to file an information return on magnetic media 
when required to do so by this section, the organization is deemed to 
have failed to file the return. (See section 6652 for the addition to 
tax for failure to file a return.) In determining whether there is 
reasonable cause for failure to file the return, Sec. 301.6652-2(f) and 
rules similar to the rules in Sec. 301.6724-1(c)(3) (undue economic 
hardship related to filing information returns on magnetic media) will 
apply.
    (d) Meaning of terms. The following definitions apply for purposes 
of this section:
    (1) Magnetic media. The term magnetic media means any magnetic media 
permitted under applicable regulations, revenue procedures, or 
publications. These generally include magnetic tape, tape cartridge, and 
diskette, as well as other media, such as electronic filing, 
specifically permitted under the applicable regulations, procedures, 
publications, forms or instructions. (See Sec. 601.601(d)(2) of this 
chapter).
    (2) Return required under section 6033. The term return required 
under section 6033 means a Form 990, ``Return of Organization Exempt 
from Income Tax,'' and Form 990-PF, ``Return of Private Foundation or 
Section 4947(a)(1) Trust Treated as a Private Foundation,'' along with 
all other related forms, schedules, and statements that are required to 
be attached to the Form 990 or Form 990-PF, and all members of the Form 
990 series of returns, including amended and superseding returns.
    (3) Determination of 250 returns. For purposes of this section, an 
organization is required to file at least 250 returns if, during the 
calendar year ending with or within the taxable year of the 
organization, the organization is required to file at least 250 returns 
of any type, including information returns (for example, Forms W-2, 
Forms 1099), income tax returns, employment tax returns, and excise tax 
returns. In the case of a short year return, an organization is required 
to file at least

[[Page 34]]

250 returns if, during the calendar year which includes the short 
taxable year of the organization, the organization is required to file 
at least 250 returns of any type, including information returns (for 
example, Forms W-2, Forms 1099), income tax returns, employment tax 
returns, and excise tax returns.
    (e) Example. The following example illustrates the provisions of 
paragraph (d)(3) of this section. In the example, the organization is a 
calendar year taxpayer:

    Example. In 2006, Organization T, with total assets in excess of $10 
million, is required to file one Form 990, ``Return of Organization 
Exempt from Income Tax,'' 200 Forms W-2, ``Wage and Tax Statement,'' one 
Form 940, ``Employer's Annual Federal Unemployment (FUTA) Tax Return,'' 
four Forms 941, ``Employer's Quarterly Federal Tax Return,'' and 60 
Forms 1099-MISC, ``Miscellaneous Income.'' Because T is required to file 
266 returns during the calendar year, T must file its 2006 Form 990 
electronically.

    (f) Effective/applicability dates. This section applies to any 
organization required to file Form 990 for a taxable year ending on or 
after December 31, 2006, that has total assets as of the end of the 
taxable year of $10 million or more. This section applies to any 
organization required to file Form 990-PF for taxable years ending on or 
after December 31, 2006, except for the application of the short year 
rules in paragraph (d)(3) of this section, which is applicable for 
taxable years ending on or after November 13, 2007.

[T.D. 9363, 72 FR 63811, Nov. 13, 2007]



Sec. 301.6033-5  Disclosure by tax-exempt entities that are parties to certain reportable transactions.

    (a) In general. For provisions relating to the requirement of the 
disclosure by a tax-exempt entity that it is a party to certain 
reportable transactions, see Sec. 1.6033-5 of this chapter (Income Tax 
Regulations).
    (b) Effective date/applicability date. This section applies with 
respect to transactions entered into by a tax-exempt entity after May 
17, 2006.

[T.D. 9492, 75 FR 38710, July 6, 2010]



Sec. 301.6034-1  Returns by trusts described in section 4947(a)(2) or

claiming charitable or other deductions under section 642(c).

    For provisions relating to the requirement of returns by trusts 
described in section 4947(a)(2) or claiming charitable or other 
deductions under section 642(c), see Sec. 1.6034-1 of this chapter 
(Income Tax Regulations).

[T.D. 8026, 50 FR 20757, May 20, 1985]



Sec. 301.6035-1  Returns of officers, directors, and shareholders of foreign personal holding companies.

    For provisions relating to the requirement of returns by officers, 
directors, and shareholders of foreign personal holding companies, see 
Sec. Sec. 1.6035-1 to 1.6035-3, inclusive, of this chapter (Income Tax 
Regulations).



Sec. 301.6036-1  Notice required of executor or of receiver or other like fiduciary.

    (a) Receivers and other like fiduciaries--(1) Exemption for 
bankruptcy proceedings. (i) A bankruptcy trustee, debtor in possession 
or other like fiduciary in a bankruptcy proceeding is not required by 
this section to give notice of appointment, qualification or 
authorization to act to the Secretary or his delegate. (However, see the 
notice requirements under the Bankruptcy Rules.)
    (ii) Paragraph (a)(1)(i) of this section is effective for 
appointments, qualifications and authorizations to act made on or after 
January 29, 1988. For appointments, qualifications and authorizations to 
act made before the foregoing date, 26 CFR 301.6036-1 (a)(1) and (4)(i) 
(revised as of April 1, 1986) apply.
    (2) Proceedings other than bankruptcy. A receiver in a receivership 
proceeding or a similar fiduciary in any proceeding (including a 
fiduciary in aid of foreclosure), designated by order of any court of 
the United States or of any State or Territory or of the District of 
Columbia as in control of all or substantially all the assets of a 
debtor or other party to such proceeding shall, on, or within 10 days 
of, the date of his appointment or authorization to act, give notice 
thereof in writing to the district director for the internal revenue 
district in which the debtor, or

[[Page 35]]

such other party, is or was required to make returns. Moreover, any 
fiduciary in aid of foreclosure not appointed by order of any such 
court, if he takes possession of all or substantially all the assets of 
the debtor, shall, on, or within 10 days of, the date of his taking 
possession, give notice thereof in writing to such district director.
    (3) Assignment for benefit of creditors. An assignee for the benefit 
of a creditor or creditors shall, on, or within 10 days of, the date of 
an assignment, give notice thereof in writing to the district director 
for the internal revenue district in which the debtor is or was required 
to make returns. For purposes of this subparagraph, an assignee for the 
benefit of creditors shall be any person who, by authority of law, by 
the order of any court, by oral or written agreement, or in any other 
manner acquires control or possession of or title to all or 
substantially all the assets of a debtor, and who under such acquisition 
is authorized to use, reassign, sell, or in any manner dispose of such 
assets so that the proceeds from the use, sale, or other disposition may 
be paid to or may inure directly or indirectly to the benefit of a 
creditor or creditors of such debtor.
    (4) Contents of notice--(i) Proceedings other than bankruptcy. The 
written notice required under paragraph (a)(2) of this section shall 
contain:
    (a) The name and address of the person making such notice and the 
date of his appointment or of his taking possession of the assets of the 
debtor or other person whose assets are controlled,
    (b) The name, address, and, for notices filed after December 21, 
1972, the taxpayer identification number of the debtor or other person 
whose assets are controlled.
    (c) In the case of a court proceeding:
    (1) The name and location of the court in which the proceedings are 
pending,
    (2) The date on which such proceedings were instituted,
    (3) The number under which such proceedings are docketed, and
    (4) When possible, the date, time, and place of any hearing, meeting 
of creditors, or other scheduled action with respect to such 
proceedings.
    (ii) Assignment for benefit of creditors. The written notice 
required under subparagraph (3) of this paragraph shall contain:
    (a) The name and address of, and the date the asset or assets were 
assigned to, the assignee,
    (b) The name, address, and, for notice filed after December 21, 
1972, the taxpayer identification number of the debtor whose assets were 
assigned.
    (c) A brief description of the assets assigned,
    (d) An explanation of the action expected to be taken with respect 
to such assets, and
    (e) When possible, the date, time, and place of any hearing, meeting 
of creditors, sale, or other scheduled action with respect to such 
assets.
    (iii) The notice required by this section shall be sent to the 
attention of the Chief, Special Procedures Staff, of the district office 
to which it is required to be sent.
    (b) Executors, administrators, and persons in possession of property 
of decedent. For provisions relating to the requirement of filing, by an 
executor, administrator, or person in possession of property of a 
decedent, of a preliminary notice in the case of the estate of a 
decedent dying before January 1, 1971, see Sec. 20.6036-1 of this 
chapter (Estate Tax Regulations).
    (c) Notice of fiduciary relationship. When a notice is required 
under Sec. 301.6903-1 of a person acting in a fiduciary capacity and is 
also required of such person under this section, notice given in 
accordance with the provisions of this section shall be considered as 
complying with both sections.
    (d) Suspension of period on assessment. For suspension of the 
running of the period of limitations on the making of assessments from 
the date a proceeding is instituted to a date 30 days after receipt of 
notice from a fiduciary in any proceeding under the Bankruptcy Act or 
from a receiver in any other court proceeding, see section 6872 and 
Sec. 301.6872-1.
    (e) Applicability. Except as provided in paragraph (a)(1)(ii) of 
this section, the provisions of this section shall apply to those 
persons referred to in this section whose appointments, authorizations, 
or assignments occur on

[[Page 36]]

or after the date of publication of these regulations in the Federal 
Register as a Treasury decision.
    (f) Cross references. (1) For criminal penalty for willful failure 
to supply information, see section 7203.
    (2) For criminal penalties for willfully making false or fraudulent 
statements, see sections 7206 and 7207.
    (3) For time for performance of acts where the last day falls on a 
Saturday, Sunday, or legal holiday, see section 7503 and Sec. 301.7503-
1.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7218, 37 FR 24748, Nov. 
21, 1972; T.D. 7238, 37 FR 28738, Dec. 29, 1972; T.D. 8172, 53 FR 2600, 
Jan. 29, 1988]



Sec. 301.6037-1  Return of electing small business corporation.

    For provisions relating to requirement of return of electing small 
business corporation, see Sec. 1.6037-1 of this chapter (Income Tax 
Regulations).



Sec. 301.6037-2  Required use of magnetic media for returns of electing small business corporation.

    (a) Returns of electing small business corporation required on 
magnetic media. An electing small business corporation required to file 
an electing small business return on Form 1120S, ``U.S. Income Tax 
Return for an S Corporation,'' under Sec. 1.6037-1 of this chapter must 
file its Form 1120S on magnetic media if the small business corporation 
is required by the Internal Revenue Code and regulations to file at 
least 250 returns during the calendar year ending with or within its 
taxable year. Returns filed on magnetic media must be made in accordance 
with applicable revenue procedures, publications, forms, or 
instructions. In prescribing revenue procedures, publications, forms, or 
instructions, the Commissioner may direct the type of magnetic media 
filing. (See Sec. 601.601(d)(2) of this chapter).
    (b) Waiver. The Commissioner may grant waivers of the requirements 
of this section in cases of undue hardship. A request for waiver must be 
made in accordance with applicable revenue procedures or publications. 
The waiver also will be subject to the terms and conditions regarding 
the method of filing as may be prescribed by the Commissioner.
    (c) Failure to file. If an electing small business corporation fails 
to file a return on magnetic media when required to do so by this 
section, the corporation is deemed to have failed to file the return. 
(See section 6651 for the addition to tax for failure to file a return.) 
In determining whether there is reasonable cause for failure to file the 
return, Sec. 301.6651-1(c) and rules similar to the rules in Sec. 
301.6724-1(c)(3) (undue economic hardship related to filing information 
returns on magnetic media) will apply.
    (d) Meaning of terms. The following definitions apply for purposes 
of this section:
    (1) Magnetic media. The term magnetic media means any magnetic media 
permitted under applicable regulations, revenue procedures, or 
publications. These generally include magnetic tape, tape cartridge, and 
diskette, as well as other media, such as electronic filing, 
specifically permitted under the applicable regulations, procedures, 
publications, forms, or instructions. (See Sec. 601.601(d)(2) of this 
chapter).
    (2) Corporation. The term corporation means a corporation as defined 
in section 7701(a)(3).
    (3) Electing small business corporation return. The term electing 
small business corporation return means a Form 1120S, ``U.S. Income Tax 
Return for an S Corporation,'' along with all other related forms, 
schedules, and statements that are required to be attached to the Form 
1120S, and all members of the Form 1120S series of returns, including 
amended and superseding returns.
    (4) Electing small business corporation. The term electing small 
business corporation means an S corporation as defined in section 
1361(a)(1).
    (5) Determination of 250 returns. For purposes of this section, a 
corporation is required to file at least 250 returns if, during the 
calendar year ending with or within the taxable year of the corporation, 
the corporation is required to file at least 250 returns of any type, 
including information returns (for example, Forms W-2, Forms 1099), 
income tax returns, employment tax returns, and excise tax returns. In 
the

[[Page 37]]

case of a short year return, a corporation is required to file at least 
250 returns if, during the calendar year which includes the short 
taxable year of the corporation, the corporation is required to file at 
least 250 returns of any type, including information returns (for 
example, Forms W-2, Forms 1099), income tax returns, employment tax 
returns, and excise tax returns.
    (e) Example. The following example illustrates the provisions of 
paragraph (d)(5) of this section. In the example, the corporation is a 
calendar year taxpayer:

    Example. In 2007, Corporation S, an electing small business 
corporation with assets in excess of $10 million, is required to file 
one Form 1120S, ``U.S. Corporation Income Tax Return,'' 100 Forms W-2, 
``Wage and Tax Statement,'' 146 Forms 1099-DIV, ``Dividends and 
Distributions,'' one Form 940, ``Employer's Annual Federal Unemployment 
(FUTA) Tax Return,'' and four Forms 941, ``Employer's Quarterly Federal 
Tax Return.'' Because S is required to file 252 returns during the 
calendar year, S is required to file its 2007 Form 1120S electronically.

    (f) Effective/applicability dates. This section applies to returns 
of electing small business corporations that report total assets at the 
end of the corporation's taxable year that equal or exceed $10 million 
on Schedule L of Form 1120S for taxable years ending on or after 
December 31, 2006, except for the application of the short year rules in 
paragraph (d)(5) of this section, which is applicable for taxable years 
ending on or after November 13, 2007.

[T.D. 9363, 72 FR 63812, Nov. 13, 2007]



Sec. 301.6038-1  Information returns required of U.S. persons with respect to certain foreign corporations.

    For provisions relating to information returns required of U.S. 
persons with respect to certain foreign corporations, see Sec. Sec. 
1.6038-1 and 1.6038-2 of this chapter (Income Tax Regulations).



Sec. 301.6039-1  Information returns and statements required in connection with certain options.

    For provisions relating to information returns and statements 
required in connection with certain options, see Sec. Sec. 1.6039-1 and 
1.6039-2 of this chapter (Income Tax Regulations).

[T.D. 7275, 38 FR 11346, May 7, 1973]

         Information Concerning Transactions With Other Persons



Sec. 301.6041-1  Returns of information regarding certain payments.

    For provisions relating to the requirement of returns of information 
regarding certain payments, see Sec. Sec. 1.6041-1 to 1.6041-6, 
inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6042-1  Returns of information regarding payments of dividends and 

corporate earnings and profits.

    For provisions relating to the requirement of returns of information 
regarding payments of dividends and corporate earnings and profits, see 
Sec. Sec. 1.6042-1 to 1.6042-4, inclusive, of this chapter (Income Tax 
Regulations).



Sec. 301.6043-1  Returns regarding liquidation, dissolution, termination, or contraction.

    For provisions relating to the requirement of returns of information 
regarding liquidations, dissolutions, terminations, or contracts, see 
Sec. Sec. l.6043-1, 1.6043-2, and 1.6043-3 of this chapter (Income Tax 
Regulations).

[T.D. 7563, 43 FR 40222, Sept. 11, 1978]



Sec. 301.6044-1  Returns of information regarding payments of patronage dividends.

    For provisions relating to the requirement of returns of information 
regarding payments of patronage dividends, see Sec. Sec. 1.6044-1 to 
1.6044-5, inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6046-1  Returns as to organization or reorganization of 

foreign corporations and as to acquisitions of their stock.

    For provisions relating to requirement of returns as to organization 
or reorganization of foreign corporations and as to acquisitions of 
their stock, see Sec. Sec. 1.6046-1 to 1.6046-3, inclusive, of this 
chapter. (Income Tax Regulations.)

[[Page 38]]



Sec. 301.6047-1  Information relating to certain trusts and annuity and bond purchase plans.

    For provisions relating to the requirement of returns of information 
regarding certain trusts and annuity and bond purchase plans, see Sec. 
1.6047-1 of this chapter (Income Tax Regulations).



Sec. 301.6048-1  Returns as to creation of or transfers to certain foreign trusts.

    For provisions relating to the requirement of returns as to creation 
of or transfers to certain foreign trusts, see Sec. 16.3-1 of this 
chapter (Temporary Regulations under the Revenue Act of 1962).



Sec. 301.6049-1  Returns regarding payments of interest.

    For provisions relating to the requirement of returns regarding 
payments of interest, see Sec. Sec. 1.6049-1 to 1.6049-3, inclusive, of 
this chapter (Income Tax Regulations).



Sec. 301.6050A-1  Information returns regarding services performed by certain 

crewmen on fishing boats.

    For provisions relating to the requirement of returns of information 
regarding services performed by certain crewmen on fishing boats, see 
Sec. 1.6050A-1 of this chapter (Income Tax Regulations) and Sec. 
301.6652-1 of this chapter (Regulations on Procedure and 
Administration).

[T.D. 7716, 45 FR 57124, Aug. 27, 1980]



Sec. 301.6050M-1  Information returns relating to persons receiving contracts 

from certain Federal executive agencies.

    For provisions relating to the requirements of returns of 
information relating to persons receiving contracts from certain Federal 
executive agencies, see Sec. 1.6050M-1 of this chapter (Income Tax 
Regulations).

[T.D. 8275, 54 FR 50372, Dec. 6, 1989]

               Information Regarding Wages Paid Employees



Sec. 301.6051-1  Receipts for employees.

    For provisions relating to statements for employees regarding 
remuneration paid during calendar year, see Sec. 31.6051-1 of this 
chapter (Employment Tax Regulations).



Sec. 301.6052-1  Information returns and statements regarding payment of wages in 

the form of group-term life insurance.

    For provisions relating to information returns and statements 
required in connection with the payment of wages in the form of group-
term life insurance, see Sec. Sec. 1.6052-1 and 1.6052-2 of this 
chapter (income tax regulations).

[T.D. 7275, 38 FR 11346, May 7, 1973]



Sec. 301.6057-1  Employee retirement benefit plans; identification of participant 

with deferred vested retirement benefit.

    (a) Annual registration statement--(1) In general. Under section 
6057(a), the plan administrator (within the meaning of section 414(g)) 
of an employee retirement benefit plan must file with the Internal 
Revenue Service information relating to each plan participant who 
separates from service covered by the plan and is entitled to a deferred 
vested retirement benefit under the plan, but is not paid this 
retirement benefit. Plans subject to this filing requirement are 
described in subparagraph (3) of this paragraph. Subparagraph (4) 
describes how the information is to be filed with the Internal Revenue 
Service. In the case of a plan to which only one employer contributes, 
the time for filing the information with respect to each separated 
participant is described in subparagraph (5). In the case of a plan to 
which more than one employer contributes the time for filing the 
information with respect to a participant is described in paragraph 
(b)(2) of this section. Paragraph (b) of this section also provides 
other rules applicable only to plans to which more than one employer 
contributes.
    (2) Deferred vested retirement benefit. For purposes of this 
section, a plan participant's deferred retirement benefit is considered 
a vested benefit if it is vested under the terms of the plan at the 
close of the plan year described in paragraph (a)(5) or (b)(4) of this 
section (whichever is applicable) for which information relating to any 
deferred

[[Page 39]]

vested retirement benefit of the participant must be filed. A 
participant's deferred retirement benefit need not be a nonforfeitable 
benefit within the meaning of section 411(a) for the filing requirements 
described in this section to apply. Accordingly, information relating to 
a participant's deferred vested retirement benefit must be filed as 
required by this section notwithstanding that the benefit is subject to 
forfeiture by reason of an event or condition occurring subsequent to 
the close of the plan year described in paragraph (a)(5) or (b)(4) of 
this section (whichever is applicable) for which information relating to 
any deferred vested retirement benefit of the participant must be filed.
    (3) Plans subject to filing requirement. The term ``employee 
retirement benefit plan'' means a plan to which the vesting standards of 
section 203 of part 2 of subtitle B of title I of the Employee 
Retirement Income Security Act of 1974 (88 Stat. 854) apply for any day 
in the plan year. (For purposes of this section, ``plan year'' means the 
plan year as determined for purposes of the annual return required by 
section 6058(a)). Accordingly, a plan need not be a qualified plan 
within the meaning of section 401(a) to be subject to these filing 
requirements. A plan to which more than one employer contributes must 
file the report of deferred vested retirement benefits described in this 
section, but see paragraph (b) of this section for special rules 
applicable to such a plan. The filing requirements described in this 
section and Sec. 301.6057-2 (relating to notification of change in plan 
status) do not apply to a governmental or church plan described in 
section 414 (d) or (e).
    (4) Filing requirements. Information relating to the deferred vested 
retirement benefit of a plan participant must be filed on schedule SSA 
as an attachment to the Annual Return/Report of Employee Benefit Plan 
(form 5500 series). Schedule SSA shall be filed on behalf of an employee 
retirement benefit plan for each plan year for which information 
relating to the deferred vested retirement benefit of a plan participant 
is filed under paragraph (a)(5) or (b)(2) of this section. There shall 
be filed on schedule SSA the name and social security number of the 
participant, a description of the nature, form, and amount of the 
deferred vested retirement benefit to which the participant is entitled, 
and such other information as is required by section 6057(a) or schedule 
SSA and the accompanying instructions. The form of the benefit reported 
on schedule SSA shall be the normal form of benefit under the plan, or, 
if the plan administrator (within the meaning of section 414(g)) 
considers it more appropriate, any other form of benefit.
    (5) Time for reporting deferred vested retirement benefit--(i) In 
general. In the case of a plan to which only one employer contributes, 
information relating to the deferred vested retirement benefit of a plan 
participant must be filed no later than on the schedule SSA filed for 
the plan year following the plan year within which the participant 
separates from service covered by the plan. Information relating to a 
separated participant may, at the option of the plan administrator, be 
reported earlier (that is, on the schedule SSA filed for the plan year 
in which the participant separates from service covered by the plan). 
For purposes of this paragraph a participant is not considered to 
separate from service covered by the plan solely because the participant 
incurs a break in service under the plan. In addition, for purposes of 
this paragraph, in the case of a plan which uses the elapsed time method 
described in Department of Labor regulations for crediting service for 
benefit accrual purposes, a participant is considered to separate from 
service covered by the plan on the date the participant severs from 
service covered by the plan.
    (ii) Exception. Notwithstanding subdivision (i), no information 
relating to the deferred vested retirement benefit of a separated 
participant is required to be filed on schedule SSA if, before the date 
such schedule SSA is required to be filed (including any extension of 
time for filing granted pursuant to section 6081), the participant (A) 
is paid some or all of the deferred vested retirement benefit under the 
plan, (B) returns to service covered by the plan, or (C) forfeits all of 
the deferred vested retirement benefit under the plan.

[[Page 40]]

    (b) Plans to which more than one employer contributes--(1) 
Application. Section 6057 and this section apply to a plan to which more 
than one employer contributes with the modifications set forth in this 
paragraph. For purposes of section 6057 and this section, whether or not 
more than one employer contributes to a plan shall be determined by the 
number of employers who are required to contribute to the plan. Thus, 
for example, this paragraph applies to plans maintained by more than one 
employer which are collectively bargained as described in section 
413(a), multiple-employer plans described in section 413(c) and the 
regulations thereunder, multiemployer plans described in section 414(f), 
and plans adopted by more than one employer of certain controlled and 
common control groups described in section 414 (b) and (c).
    (2) Time for reporting deferred vested retirement benefit--(i) In 
general. In the case of a plan to which more than one employer 
contributes, information relating to the deferred vested retirement 
benefit of a plan participant must be filed no later than on the 
schedule SSA filed for the plan year within which the participant 
completes the second of two consecutive one-year breaks in service (as 
defined in the plan for vesting percentage purposes) in service 
computation periods (as defined in the plan for vesting percentage 
purposes) which begin after December 31, 1974. At the option of the plan 
administrator, information relating to a participant's deferred vested 
retirement benefit may be filed earlier (that is, on the schedule SSA 
filed for the plan year in which the participant incurs the first one-
year break in service or, in the case of a separated participant, on the 
schedule SSA filed for the plan year in which the participant separates 
from service).
    (ii) Special rules--For purposes of this subparagraph (1)--
    (A) For the definition of the term ``1-year break in service'' in 
the case of a plan which uses the elapsed time method described in 
Department of Labor Regulations for crediting service for vesting 
percentage purposes, see Sec. 1.411(a)-6(c)(2).
    (B) In the case of a plan which does not define the term ``1-year 
break in service'' for vesting percentage purposes, a plan participant 
shall be deemed to incur a 1-year break in service under the plan in any 
plan year within which the participant does not complete more than 500 
hours of service covered by the plan.
    (iii) Transitional rule. Notwithstanding subdivision (i), if the 
second consecutive 1-year break in service described in subdivision (i) 
is incurred in a plan year beginning before January 1, 1978, information 
relating to the participant's deferred vested retirement benefit is not 
required to be filed earlier than on the schedule SSA filed for the 
first plan year beginning after December 31, 1977.
    (iv) Exception. Notwithstanding subdivision (i) or (iii) of this 
subparagraph, no information relating to a participant's deferred vested 
retirement benefit is required to be filed on schedule SSA if, before 
the date such schedule SSA is required to be filed (including any 
extension of time for filing granted pursuant to section 6081), the 
participant (A) is paid some or all of the deferred vested retirement 
benefit under the plan, (B) accrues additional retirement benefits under 
the plan, or (C) forfeits all of the deferred vested retirement benefit 
under the plan.
    (3) Information relating to deferred vested retirement benefit--(i) 
Incomplete records. Section 6057(a) and paragraph (a)(4) of this section 
require the filing on schedule SSA of a description of the deferred 
vested retirement benefit to which the participant is entitled. If the 
plan administrator of a plan to which more than one employer contributes 
maintains records of a participant's service covered by the plan which 
are incomplete as of the close of the plan year with respect to which 
the plan administrator files information relating to the participant on 
schedule SSA, the plan administrator may elect to file the information 
required by schedule SSA based only upon these incomplete records. The 
plan administrator is not required, for purposes of completing schedule 
SSA, to compile from sources other than such records a complete record 
of a participant's years of service covered by the plan. Similarly, if

[[Page 41]]

retirement benefits under the plan are determined by taking into account 
a participant's service with an employer which is not service covered by 
the plan, but the plan administrator maintains records only with respect 
to periods of service covered by the plan, the plan administrator may 
complete schedule SSA taking into account only the participant's period 
of service covered by the plan.
    (ii) Inability to determine correct amount of participant's deferred 
vested retirement benefit. If the amount of a participant's deferred 
vested retirement benefit which is filed on schedule SSA is computed on 
the basis of plan records maintained by the plan administrator which--
    (A) Are incomplete with respect to the participant's service covered 
by the plan (as described in subdivision (i)), or
    (B) Fail to account for the participant's service not covered by the 
plan which is relevant to a determination of the participant's deferred 
vested retirement benefit under the plan (as described in subdivision 
(i)),

then the plan administrator must indicate on schedule SSA that the 
amount of the deferred vested retirement benefit shown therein may be 
other than that to which the participant is actually entitled because 
the amount is based upon incomplete records.
    (iii) Inability to determine whether participant vested in deferred 
retirement benefit. Where, as described in subdivision (i), information 
to be reported on schedule SSA is to be based upon records which are 
incomplete with respect to a participant's service covered by the plan 
or which fail to take into account relevant service not covered by the 
plan, the plan administrator may be unable to determine whether or not 
the participant is vested in any deferred retirement benefit. If, in 
view of information provided either by the incomplete records or the 
plan participant, there is a significant likelihood that the plan 
participant is vested in a deferred retirement benefit under the plan, 
information relating to the participant must be filed on schedule SSA 
with the notation that the participant may be entitled to a deferred 
vested retirement benefit under the plan, but information relating to 
the amount of the benefit may be omitted. This subdivision (iii) does 
not apply in a case in which it can be determined from plan records 
maintained by the plan administrator that the participant is vested in a 
deferred retirement benefit. Subdivision (ii), however, may apply in 
such a case.
    (c) Voluntary filing--(1) In general. The plan administrator of an 
employee retirement benefit plan described in paragraph (a)(3) of this 
section, or any other employee retirement benefit plan (including a 
governmental or church plan), may at its option, file on schedule SSA 
information relating to the deferred vested retirement benefit of any 
plan participant who separates at any time from service covered by the 
plan, including plan participants who separate from service in plan 
years beginning before 1976.
    (2) Deleting previously filed information. If, after information 
relating to the deferred vested retirement benefit of a plan participant 
is filed on schedule SSA, the plan participant--
    (i) Is paid some or all of the deferred vested retirement benefit 
under the plan, or
    (ii) Forfeits all of the deferred vested retirement benefit under 
the plan, the plan administrator may, at its option, file on schedule 
SSA (or such other form as may be provided for this purpose) the name 
and social security number of the participant with the notation that 
information previously filed relating to the participant's deferred 
vested retirement benefit should be deleted.
    (d) Filing incident to cessation of payment of benefits--(1) In 
general. As described in this section, no information relating to the 
deferred vested retirement benefit of a plan participant is required to 
be filed on schedule SSA if before the date such schedule SSA is 
required to be filed, some of the deferred vested retirement benefit is 
paid to the participant, and information relating to a participant's 
deferred vested retirement benefit which was previously filed on 
schedule SSA may be deleted if the participant is paid some of the 
deferred vested retirement benefit. If payment of the deferred vested 
retirement benefit ceases before all of the benefit to which the 
participant is

[[Page 42]]

entitled is paid to the participant, information relating to the 
deferred vested retirement benefit to which the participant remains 
entitled shall be filed on the schedule SSA filed for the plan year 
following the last plan year within which a portion of the benefit is 
paid to the participant.
    (2) Exception. Notwithstanding subparagraph (1) of this paragraph, 
no information relating to the deferred vested retirement benefit to 
which the participant remains entitled is required to be filed on 
schedule SSA if, before the date such schedule SSA is required to be 
filed (including any extension of time for filing granted pursuant to 
section 6081), the participant (i) returns to service covered by the 
plan, (ii) accrues additional retirement benefits under the plan, or 
(iii) forfeits the benefit under the plan.
    (e) Individual statement to participant. The plan administrator of 
an employee retirement benefit plan defined in paragraph (a)(3) of this 
section must provide each participant with respect to whom information 
is required to be filed on schedule SSA a statement describing the 
deferred vested retirement benefit to which the participant is entitled. 
The description provided the participant must include the information 
filed with respect to the participant on schedule SSA. The statement is 
to be delivered to the participant or forwarded to the participant's 
last known address no later than the date on which any schedule SSA 
reporting information with respect to the participant is required to be 
filed (including any extension of time for filing granted pursuant to 
section 6081).
    (f) Penalties. For amounts imposed in the case of failure to file 
the report of deferred vested retirement benefits required by section 
6057(a) and paragraph (a) or (b) of this section, see section 
6652(e)(1). For the penalty relating to a failure to provide the 
participant the individual statement of deferred vested retirement 
benefit required by section 6057(e) and paragraph (e) of this section, 
see section 6690.
    (g) Effective dates--(1) Plans to which only one employer 
contributes. In the case of a plan to which only one employer 
contributes, this section is effective for plan years beginning after 
December 31, 1975, and with respect to a participant who separates from 
service covered by the plan in plan years beginning after that date.
    (2) Plans to which more than one employer contributes. In the case 
of a plan to which more than one employer contributes, this section is 
effective for plan years beginning after December 31, 1977, and with 
respect to a participant who completes two consecutive 1-year breaks in 
service under the plan in service computation periods beginning after 
December 31, 1974.

[T.D. 7561, 43 FR 38004, Aug. 25, 1978]



Sec. 301.6057-2  Employee retirement benefit plans; notification of change in plan status.

    (a) Change in plan status. The plan administrator (within the 
meaning of section 414(g)) of an employee retirement benefit plan 
defined in Sec. 301.6057-1(a)(3) (including a plan to which more than 
one employer contributes, as described in Sec. 301.6057-1(b)(1)) must 
notify the Internal Revenue Service of the following changes in plan 
status--
    (1) A change in the name of the plan.
    (2) A change in the name or address of the plan administrator,
    (3) The termination of the plan, or
    (4) The merger or consolidation of the plan with another plan or the 
division of the plan into two or more plans.
    (b) Notification. A notification of a change in status described in 
paragraph (a) of this section, must be filed on the Annual Return/Report 
of Employee Benefit Plan (form 5500 series) for the plan year in which 
the change in status occurred. The notification must be filed at the 
time and place and in the manner prescribed in the form and any 
accompanying instructions.
    (c) Penalty. For amounts imposed in the case of failure to file a 
notification of a change in plan status required by section 6057(b) and 
this section, see section 6652(e)(2).
    (d) Effective date. This section is effective for changes in plan 
status occurring within plan years beginning after December 31, 1975.

[T.D. 7561, 43 FR 38006, Aug. 25, 1978]

[[Page 43]]



Sec. 301.6058-1  Information required in connection with certain plans of deferred compensation.

    (a) Reporting of information--(1) Annual return. For each funded 
plan of deferred compensation an annual return must be filed with the 
Internal Revenue Service. The annual return of the plan is the 
appropriate Annual Return/Report of Employee Benefit Plan (Form 5500 
series) as determined under these forms. The annual period for the 
annual return of the plan shall be either the plan year or the taxable 
year of the employer maintaining the plan as determined under these 
forms. These forms are hereinafter referred to as the ``forms prescribed 
by section 6058(a).''
    (2) Plans subject to requirements. For purposes of this section, the 
term ``funded plan of deferred compensation'' means each pension, 
annuity, stock bonus, profit-sharing, or other funded plan of deferred 
compensation described in part 1 of subchapter D of chapter 1. 
Accordingly, the term includes qualified plans under sections 401(a), 
403(a), and 405(a); individual retirement accounts and annuities 
described in sections 408(a) and 408(b); and custodial accounts under 
section 403(b)(7). The term also includes: funded plans of deferred 
compensation which are not qualified plans; funded governmental plans 
and church plans, whether or not qualified (See sections 414(d) and 
414(e)); and plans maintained outside the United States primarily for 
nonresident aliens (as described in subsection (b)(4) of section 4 of 
subtitle A of title I of the Employee Retirement Income Security Act of 
1974; (88 Stat. 840)). The term does not include annuity contracts 
described in section 403(b)(1) or individual retirement accounts (an 
individual participant or surviving beneficiary in such account must 
file under paragraph (d)(2) of this section) and bonds described in 
sections 408(c) and 409.
    (3) Required information. The information required to be furnished 
on the forms prescribed by section 6058(a) shall include such 
information concerning the qualification of the plan, the financial 
condition of the trust, fund, or custodial or fiduciary account which is 
a part of the plan, and the operation of the plan as shall be required 
by the forms, applicable accompanying schedules and related instructions 
applicable to the annual period.
    (4) Time of filing. The forms prescribed by section 6058(a) shall be 
filed in the manner and at the time as required by the forms and related 
instructions applicable to the annual period.
    (b) Who must file--(1) In general. The annual return required to be 
filed under section 6058(a) and paragraph (a) of this section for the 
annual period shall be filed by either the employer maintaining the plan 
or the plan administrator (as defined in section 414(g)) of the plan for 
that annual period. Whether the employer or plan administrator files 
shall be determined under the forms prescribed by section 6058(a) and 
related instructions applicable to the annual period. Nothing in these 
forms shall preclude an employer from filing the return on behalf of the 
plan administrator, or the plan administrator from filing on behalf of 
the employer.
    (2) Definition of employer. For purposes of subparagraph (1) of this 
paragraph, the term ``employer'' includes a sole proprietor and a 
partnership.
    (c) Other rules applicable to annual returns--(1) Extensions of time 
for filing. For rules relating to the extension of time for filing, see 
section 6081 and the regulations thereunder and the instructions on the 
forms prescribed by section 6058(a).
    (2) Amended filing. Any form prescribed by this section may be filed 
as an amendment to a form previously filed under this section with 
respect to the same annual period pursuant to the instructions for such 
forms.
    (3) Additional information. In addition to the information otherwise 
required to be furnished by this section, the district director may 
require any further information that is considered necessary to 
determine allowable deductions under section 404, qualification under 
section 401, or the financial condition and operation of the plan.
    (4) Records. Records substantiating all data and information 
required by this section to be filed must be kept at all times available 
for inspection by internal revenue officers at the principal

[[Page 44]]

office or place of business of the employer or plan administrator.
    (5) Relief from filing. Notwithstanding paragraph (a) of this 
section, the Commissioner may, in his discretion, relieve an employer, 
or plan administrator, from reporting information on the forms 
prescribed by section 6058(a). This discretion includes the ability to 
relieve an employer, or plan administrator, from filing the applicable 
form.
    (d) Special rules for individual retirement arrangements--(1) 
Application. This paragraph, in lieu of paragraph (a) of this section, 
applies to an individual retirement account described in section 408(a) 
and an individual retirement annuity described in section 408(b), 
including such accounts and annuities for which a deduction is allowable 
under section 220 (spousal individual retirement arrangements).
    (2) General rule. For each taxable year beginning after December 31, 
1974, every individual who during such taxable year--
    (i) Establishes or maintains an individual retirement account 
described in section 408(a) (including an individual who is a 
participant in an individual retirement account described in section 
408(c)).
    (ii) Purchases or maintains an individual retirement annuity 
described in section 408(b), or
    (iii) Is a surviving beneficiary with respect to an account or 
annuity referred to in this subparagraph which is in existence during 
such taxable year, shall file Form 5329 (or any other form designated by 
the Commissioner for this purpose), as an attachment to or part of the 
Form 1040 filed by such individual for such taxable year, setting forth 
in full the information required by that form and the accompanying 
instructions.
    (3) Special information returns. If an individual described in 
subparagraph (2) of this paragraph is not required to file a Form 1040 
for such taxable year, such individual shall file a Form 5329 (or any 
other designated form) with the Internal Revenue Service by the 15th day 
of the 4th month following the close of such individual's taxable year 
setting forth in full the information required by that form and the 
accompanying instructions.
    (4) Relief from filing. The Commissioner may, in his discretion, 
relieve an individual from filing the form prescribed by this paragraph.
    (5) Retirement bonds. An individual who purchases, holds, or 
maintains a retirement bond described in section 409 may be required to 
file a return under other provisions of the Code.
    (e) Actuarial statement in case of mergers, etc. For requirements 
with respect to the filing of actuarial statements in the case of a 
merger, consolidation, or transfer of assets or liabilities, see section 
6058(b) and section 414(l) and the regulations thereunder.
    (f) Effective dates--(1) Section 6058 (a) requirements. The rules 
with respect to annual returns required under section 6058(a) (the rules 
in this section, other than paragraph (e) thereof) are effective for 
plan years beginning after September 2, 1974.
    (2) Section 6058(b) requirements. The requirements of section 
6058(b) relating to mergers, etc., and paragraph (e) of this section are 
effective on September 2, 1974, with respect to events described in 
section 6058(b) occurring on or after such date.

[T.D. 7551, 43 FR 29292, July 7, 1978]



Sec. 301.6059-1  Periodic report of actuary.

    (a) In general. The actuarial report described in this section must 
be filed on behalf on a defined benefit plan to which the minimum 
funding standards of section 412 apply. The actuarial report must be 
filed by the plan administrator (within the meaning of section 414(g)) 
on Schedule B as an attachment to the annual Return/Report of Employee 
Benefit Plan (Form 5500 series). The instructions accompanying the Form 
5500 series prescribe the place and date for filing Schedule B.
    (b) Plan years for which report required. In the case of a plan in 
existence on January 1, 1974, Schedule B must be filed for the first 
plan year beginning after December 31, 1975, for which the minimum 
funding standards apply to the plan, and for each plan year thereafter 
for which the Schedule must be filed under the instructions accompanying 
the Schedule and the Form 5500 series. In the case of a plan not in 
existence on January 1, 1974,

[[Page 45]]

Schedule B must be filed for the first plan year beginning after 
September 2, 1974, for which the minimum funding standards apply to the 
plan, and for each plan year thereafter for which the Schedule must be 
filed under the instructions accompanying the Schedule and the Form 5500 
series. For rules relating to when a plan is considered to be in 
existence, see Sec. 1.410(a)-2(c). For purposes of this section, ``plan 
year'' means the plan year as determined for purposes of the minimum 
funding standards.
    (c) Contents of report. The actuarial report of a plan filed on 
Schedule B must contain--
    (1) The date of the actuarial valuation applicable to the plan year 
for which the report is filed (see section 412(c)(9) for rules relating 
to the frequency with which an actuarial valuation of the plan is 
required to be made),
    (2) A description of the funding method and actuarial assumptions 
used to determine costs under the plan,
    (3) A certification of the contribution necessary to reduce the 
accumulated funding deficiency (as defined in section 412(a)) to zero,
    (4) A statement by the enrolled actuary signing the report that to 
the best of the actuary's knowledge the report is complete and accurate,
    (5) A statement by the enrolled actuary signing the report that in 
the actuary's opinion the actuarial assumptions used are in the 
aggregate (i) reasonably related to the experience of the plan and to 
reasonable expectations, and (ii) represent the actuary's best estimate 
of anticipated experience under the plan,
    (6) Such other information as may be necessary to fully and fairly 
disclose the actuarial position of the plan, and
    (7) Such other information as may be required by Schedule B or the 
instructions accompanying the Schedule and the Form 5500 series.
    (d) Certification by enrolled actuary. The actuarial report filed on 
Schedule B must be signed by an enrolled actuary (within the meaning of 
section 7701(a)(35)) or there may be attached to the report a statement 
signed by the actuary that contains the statements described in 
paragraph (c) (4) and (5) of this section.

An actuarial report filed for a plan year ending after January 25, 1982, 
does not satisfy the requirements of this section if the actuary seeks 
to materially qualify such statements. For this purpose, the following 
are not considered to materially qualify a statement required by 
paragraph (c) (4) or (5) of this section:
    (1) A statement that the report is based in part on information 
provided to the actuary by another person, that such information would 
customarily not be verified by the actuary, and that the actuary has no 
reason to doubt the substantial accuracy of the information (taking into 
account the facts and circumstances that are known or reasonably should 
be known to the actuary, including the contents of any other actuarial 
report prepared by the actuary for the plan),
    (2) A statement that the report is based in part on information 
provided by another person, that the actuary believes such information 
is or may be inaccurate or incomplete, but that the inaccuracies or 
omissions are not material, the inaccuracies or omissions are not so 
numerous or flagrant as to suggest that there may be material 
inaccuracies, and that therefore the actuarial report is substantially 
accurate and complete and fairly discloses the actuarial position of the 
plan,
    (3) A statement that the report reflects the requirement of a 
regulation or ruling, and that any statement regarding the actuarial 
position of the plan is made only in light of such requirement,
    (4) A statement that the report reflects an interpretation of a 
statute, regulation or ruling, that the actuary has no reason to doubt 
the validity of that interpretation, and that any statement regarding 
the actuarial position of the plan is made only in light of such 
interpretation,
    (5) A statement that in the opinion of the actuary the report fully 
reflects the requirements of an applicable statute, but does not conform 
to the requirements of a regulation or ruling promulgated under the 
statute that the actuary believes is contrary to the statute, or

[[Page 46]]

    (6) A statement furnished to comply with the requirements of 
paragraph (c)(6) of this section.

A statement otherwise described in a subparagraph of this paragraph (d) 
shall not be considered to satisfy the requirements of such subparagraph 
unless the statement identifies, with particularity, that matter to 
which the statement relates and the facts and circumstances surrounding 
the statement. In addition, a statement otherwise described in 
subparagraph (5) of this paragraph (d) shall not be considered to 
satisfy the requirements of that subparagraph unless the statement 
indicates whether an accumulated funding deficiency or a contribution 
that is not wholly deductible may result if the actuary's belief is 
determined to be incorrect.
    (e) Relief from filing. Notwithstanding paragraph (a) of this 
section, the Commissioner may, in the Commissioner's discretion, relieve 
a plan administrator from filing Schedule B or from reporting 
information required by Schedule B or paragraph (c) of this section.
    (f) Penalty. For the penalty imposed in the case of a failure to 
file the actuarial report required by this section, see section 6692 and 
Sec. 301.6692-1.

(Secs. 6059 and 7805 of the Internal Revenue Code of 1954 (88 Stat. 947, 
68A Stat. 917; 26 U.S.C. 6059, 7805))

[T.D. 7798, 46 FR 57483, Nov. 24, 1981; 46 FR 60435, Dec. 10, 1981]

          signing and verifying of returns and other documents



Sec. 301.6061-1  Signing of returns and other documents.

    (a) In general. For provisions concerning the signing of returns and 
other documents, see the regulations relating to the particular tax.
    (b) Method of signing. The Secretary may prescribe in forms, 
instructions, or other appropriate guidance the method of signing any 
return, statement, or other document required to be made under any 
provision of the internal revenue laws or regulations.
    (c) Effective dates. The rule in paragraph (a) is effective December 
12, 1996. The rule in paragraph (b) is effective on July 21, 1995.

[T.D. 8689, 61 FR 65320, Dec. 12, 1996]



Sec. 301.6062-1  Signing of corporation returns.

    For provisions relating to the signing of corporation income tax 
returns, see Sec. 1.6062-1 of this chapter (Income Tax Regulations).



Sec. 301.6063-1  Signing of partnership returns.

    For provisions relating to the signing of returns of partnership 
income, see Sec. 1.6063-1 of this chapter (Income Tax Regulations).



Sec. 301.6064-1  Signature presumed authentic.

    An individual's name signed to a return, statement, or other 
document shall be prima facie evidence for all purposes that the return, 
statement, or other document was actually signed by him.



Sec. 301.6065-1  Verification of returns.

    For provisions concerning the verification of returns and other 
documents, see the regulations relating to the particular tax.

               time for filing returns and other documents



Sec. 301.6071-1  Time for filing returns and other documents.

    For provisions concerning the time for filing returns and other 
documents, see the regulations relating to the particular tax.



Sec. 301.6072-1  Time for filing income tax returns.

    For provisions relating to time for filing income tax returns, see 
Sec. Sec. 1.6072-1 to 1.6072-4, inclusive, of this chapter (Income Tax 
Regulations).



Sec. 301.6073-1  Time for filing declarations of estimated income tax by individuals.

    For provisions relating to time for filing declarations of estimated 
income tax by individuals, see Sec. Sec. 1.6073-1 to 1.6073-4, 
inclusive, of this chapter (Income Tax Regulations).

[[Page 47]]



Sec. 301.6074-1  Time for filing declarations of estimated income tax by corporations.

    For provisions relating to time for filing declarations of estimated 
income tax by corporations, see Sec. Sec. 1.6074-1 to 1.6074-3, 
inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6075-1  Time for filing estate and gift tax returns.

    For provisions relating to time for filing estate tax returns and 
gift tax returns, see Sec. 20.6075-1 of this chapter (Estate Tax 
Regulations) and Sec. 25.6075-1 of this chapter (Gift Tax Regulations), 
respectively.

                  extension of time for filing returns



Sec. 301.6081-1  Extension of time for filing returns.

    For provisions concerning extensions of time for filing returns or 
other documents, see the regulations relating to the particular tax.



Sec. 301.6081-2  Automatic extension of time for filing an information 

return with respect to certain foreign trusts.

    (a) In general. A trust required to file a return on Form 3520-A, 
``Annual Information Return of Foreign Trust with a U.S. Owner,'' will 
be allowed an automatic 6-month extension of time to file the return 
after the date prescribed for filing the return if the trust files an 
application under this section in accordance with paragraph (b) of this 
section.
    (b) Requirements. To satisfy this paragraph (b), a trust must--
    (1) Submit a complete application on Form 7004, ``Application for 
Automatic Extension of Time to File Certain Business Income Tax, 
Information, and Other Returns,'' or in any other manner prescribed by 
the Commissioner; and
    (2) File the application on or before the date prescribed for filing 
the return with the Internal Revenue Service office designated in the 
application's instructions.
    (c) Termination of automatic extension. The Commissioner may 
terminate an automatic extension at any time by mailing to the trust a 
notice of termination at least 10 days prior to the termination date 
designated in such notice. The Commissioner must mail the notice of 
termination to the address shown on the Form 7004 or to the trust's last 
known address. For further guidance regarding the definition of last 
known address, see Sec. 301.6212-2 of this chapter.
    (d) Penalties. See section 6677 for failure to file information 
returns with respect to certain foreign trusts.
    (e) Effective/applicability dates. This section is applicable for 
applications for an automatic extension of time to file an information 
return with respect to certain foreign trusts listed in paragraph (a) of 
this section filed after July 1, 2008.

[T.D. 9407, 73 FR 37371, July 1, 2008]

               place for filing returns or other documents



Sec. 301.6091-1  Place for filing returns and other documents.

    (a) General rule. For provisions concerning the place for filing 
returns, including hand-carried returns, see the regulations relating to 
the particular tax. Except as provided in paragraph (b) of this section, 
for provisions concerning the place for filing documents other than 
returns, see the regulations relating to the particular tax.
    (b) Exception for hand-carried documents other than returns. 
Notwithstanding any other provisions of this chapter--
    (1) Persons other than corporations. If a document, other than a 
return, of a person (other than a corporation) is hand carried, and if 
the document is otherwise required to be filed with a service center, 
such document may be filed with any person assigned the responsibility 
to receive hand-carried returns in the local Internal Revenue Service 
office that serves the legal residence or principal place of business of 
such person, or, in the case of an estate, the local Internal Revenue 
Service office serving the domicile of the decedent at the time of his 
death. A document may also be filed by hand carrying such document to 
the appropriate service center, or, in the case of a document required 
to be filed with an office of the Alcohol and Tobacco Tax

[[Page 48]]

and Trade Bureau, by hand carrying as specified in regulations of the 
Alcohol and Tobacco Tax and Trade Bureau, see, 27 CFR chapter I, 
subchapter F.
    (2) Corporations. If a document, other than a return, of a 
corporation is hand carried, and if the document is otherwise required 
to be filed with a service center, such document may be filed with any 
person assigned the responsibility to receive hand-carried returns in 
the local Internal Revenue Service office that serves the principal 
place of business or principal office or agency of the corporation. A 
document may also be filed by hand carrying such document to the 
appropriate service center, or, in the case of a document required to be 
filed with an office of the Alcohol and Tobacco Tax and Trade Bureau, by 
hand carrying as specified in regulations of the Alcohol and Tobacco Tax 
and Trade Bureau, see, 27 CFR chapter I, subchapter F.
    (c) Definition of hand carried. For purposes of this section and 
section 6091(b)(4) and the regulations issued thereunder, a return or 
document will be considered to be hand carried if it is brought to the 
any person assigned the responsibility to receive hand-carried returns 
in the local Internal Revenue Service office by the person required to 
file the return or other document, or by his agent. Examples of persons 
who will be considered to be agents, for purposes of the preceding 
sentence, are: Members of the taxpayer's family, an employee of the 
taxpayer, the taxpayer's attorney, accountant, or tax advisor, and 
messengers employed by the taxpayer. A return or document will not be 
considered to be hand carried if it is sent to the Internal Revenue 
Service through the U.S. Mail.

[T.D. 6950, 33 FR 5359, Apr. 4, 1968, as amended by T.D. 7008, 34 FR 
3673, Mar. 1, 1969; T.D. 7012, 34 FR 7697, May 15, 1969; T.D. 7188, 37 
FR 12794, June 29, 1972; T.D. 7238, 37 FR 28739, Dec. 29, 1972; T.D. 
ATF-33, 41 FR 44038, Oct. 6, 1976; T.D. 7495, 42 FR 33727, July 1, 1977; 
T.D. 9156, 69 FR 55747, Sept. 16, 2004]



Sec. 301.6096-1  Designation by individuals for taxable years beginning after December 31, 1972.

    (a) In general. Every individual (other than a nonresident alien) 
whose income tax liability, as defined in paragraph (b) of this section, 
is one dollar or more may, at his option, designate that one dollar 
shall be paid over to the Presidential Election Campaign Fund, in 
accordance with the provisions of section 9006. In the case of a joint 
return of a husband and wife, each spouse may designate that one dollar 
be paid to the fund as provided in this paragraph only if the joint 
income tax liability of the husband and wife is two dollars or more.
    (b) Income tax liability. For purposes of paragraph (a) of this 
section, the income tax liability of an individual for any taxable year 
is the amount of the tax imposed by chapter 1 on such individual for the 
taxable year (as shown on his or her return) reduced by the sum of the 
credits (as shown on his or her return) allowable under sections 33, 37, 
38, 40, 41, 42, 44, and 44A.
    (c) Manner and time of designation. (1) A designation under 
paragraph (a) of this section may be made with respect to any taxable 
year at the time of the filing of the return of the tax imposed by 
chapter 1 for such taxable year, and shall be made either on the first 
page of the return or on the page bearing the taxpayer's signature, in 
accordance with the instructions applicable thereto.
    (2) With respect to any taxable year beginning after December 31, 
1972 for which no designation was made under paragraph (c)(1) of this 
section, a designation may be made on the form furnished by the Internal 
Revenue Service for such purpose, filed within 20 and one half months 
after the due date for the original return for such taxable year. In the 
case of a joint return where neither spouse made a designation or where 
only one spouse made a designation, a designation may be made, as 
provided in this subparagraph, by the spouse or spouses who had not 
previously made a designation.
    (3) A designation once made, whether by an original return or 
otherwise, may not be revoked.
    (d) Effective date. This section shall apply to taxable years 
beginning after December 31, 1972.

[T.D. 7304, 39 FR 4476, Feb. 4, 1974, as amended by T.D. 7643, 44 FR 
50338, Aug. 28, 1979]

[[Page 49]]



Sec. 301.6096-2  Designation by individuals for taxable years ending on

or after December 31, 1972 and beginning before January 1, 1973.

    (a) In general. (1) For taxable years ending on or after December 
31, 1972 and beginning before January 1, 1973, every individual (other 
than a non-resident alien) whose income tax liability, as defined in 
paragraph (b) of this section, is one dollar or more, may, at his 
option, designate that one dollar shall be paid over to the Presidential 
Election Campaign Fund, referred to in Sec. 301.6096-1 (a). Where in 
accordance with prior law, such a designation was made for the account 
of any candidate of any specified political party, or for a general 
account for all candidates for election to the offices of President and 
Vice President of the United States, such a designation shall be treated 
solely as a designation to such fund.
    (2) In the case of a joint return of a husband and wife, each spouse 
may designate that one dollar be paid to the fund as provided in 
paragraph (a)(1) of this section only if the joint income tax liability 
of the husband and wife is two dollars or more.
    (b) Income tax liability. For purposes of paragraph (a) of this 
section, the income tax liability of an individual for any taxable year 
is the amount of the tax imposed by chapter 1 on such individual for 
such taxable year (as shown on his return), reduced by the sum of the 
credits (as shown on his return).
    (c) Manner and time of designation. (1) A designation under 
paragraph (a) of this section may be made with respect to any such 
taxable year at the time of the filing of the return of the tax imposed 
by chapter 1 for such taxable year. If such designation is made at the 
time of filing the original return for such year, it shall be made by 
the individual on the form furnished by the Internal Revenue Service for 
such purpose in accordance with the instructions applicable thereto.
    (2) With respect to any taxable year ending on or after December 31, 
1972 and beginning before January 1, 1973, for which no designation was 
made under paragraph (c)(1) of this section, a designation may be made 
on the form furnished by the Internal Revenue Service for such purpose, 
filed within 20 and one half months after the due date for the original 
return for such taxable year. In the case of a joint return where 
neither spouse made a designation or where only one spouse made a 
designation, a designation may be made, as provided in this 
subparagraph, by the spouse or spouses who had not previously made a 
designation.
    (3) A designation once made, whether by an original return or 
otherwise, may not be revoked.

[T.D. 7304, 39 FR 4476, Feb. 4, 1974]

                        miscellaneous provisions



Sec. 301.6101-1  Period covered by returns or other documents.

    For provisions concerning the period covered by returns or other 
documents, see the regulations relating to the particular tax.



Sec. 301.6102-1  Computations on returns or other documents.

    (a) Amounts shown on forms. To the extent permitted by any internal 
revenue form or instructions prescribed for use with respect to any 
internal revenue return, declaration, statement, other document, or 
supporting schedules, any amount required to be reported on such form 
shall be entered at the nearest whole dollar amount. The extent to 
which, and the conditions under which, such whole dollar amounts shall 
be entered on any form will be set forth in the instructions issued with 
respect to such form. For the purpose of the computation to the nearest 
dollar, a fractional part of a dollar shall be disregarded unless it 
amounts to one-half dollar or more, in which case the amount (determined 
without regard to the fractional part of a dollar) shall be increased by 
$1. The following illustrates the application of this paragraph:

------------------------------------------------------------------------
                                                                 To be
                        Exact amount                           reported
                                                                 as--
------------------------------------------------------------------------
$18.49......................................................         $18
$18.50......................................................          19
$18.51......................................................          19
------------------------------------------------------------------------

    (b) Election not to use whole dollar amounts--(1) Method of 
election. Where any internal revenue form, or the instructions issued 
with respect to such

[[Page 50]]

form, provide that whole dollar amounts shall be reported, any person 
making a return, declaration, statement, or other document on such form 
may elect not to use whole dollar amounts by reporting thereon all 
amounts in full, including cents.
    (2) Time of election. The election not to use whole dollar amounts 
must be made at the time of filing the return, declaration, statement, 
or other document. Such election may not be revoked after the time 
prescribed for filing such return, declaration, statement, or other 
document, including extensions of time granted for such filing. Such 
election may be made on any return, declaration, statement, or other 
document which is filed after the time prescribed for filing (including 
extensions of time), and such an election is irrevocable.
    (3) Effect of election. The taxpayer's election shall be binding 
only on the return, declaration, statement, or other document filed for 
a taxable year or period, and a new election may be made on the return, 
declaration, statement, or other document filed for a subsequent taxable 
year or period. An election by either a husband or a wife not to report 
whole dollar amounts on a separate income tax return shall be binding on 
any subsequent joint return filed under the provisions of section 
6013(b).
    (4) Fractional part of a cent. For treatment of the fractional part 
of a cent in the payment of taxes, see section 6313 and Sec. 301.6313-
1.
    (c) Inapplicability to computation of amount. The provisions of 
paragraph (a) of this section apply only to amounts required to be 
reported on a return, declaration, statement, or other document. They do 
not apply to items which must be taken into account in making the 
computations necessary to determine such amounts. For example, each item 
of receipt must be taken into account at its exact amount, including 
cents, in computing the amount of total receipts required to be reported 
on an income tax return or supporting schedule. It is the amount of 
total receipts, so computed, which is to be reported at the nearest 
whole dollar on the return or supporting schedule.
    (d) Effect on accounting method. Section 6102 and this section have 
no effect on any authorized accounting method.



Sec. 301.6103(a)-1  Disclosures after December 31, 1976, by officers and employees of 

Federal agencies of returns and return information (including taxpayer 
          return information) disclosed to such officers and employees 
          by the Internal Revenue Service before January 1, 1977, for a 
          purpose not involving tax administration.

    (a) General rule. Except as provided by paragraph (b) of this 
section, a return or return information (including taxpayer return 
information), as defined in section 6103(b) (1), (2), and (3) of the 
Internal Revenue Code, disclosed by the Internal Revenue Service before 
January 1, 1977, to an officer or employee of a Federal agency (as 
defined in section 6103(b)(9)) for a purpose not involving tax 
administration (as defined in section 6103(b)(4)) pursuant to the 
authority of section 6103 (or any order of the President under section 
6103 or rules and regulations thereunder prescribed by the Secretary or 
his delegate and approved by the President) before amendment of such 
section by section 1202 of the Tax Reform Act of 1976 (Pub. L. 94-455, 
90 Stat. 1667) may be disclosed by, or on behalf of, such officer, 
employee, or agency after December 31, 1976, for any purpose authorized 
by such section (or such order or rules and regulations) before such 
amendment.
    (b) Exception. Notwithstanding the provisions of paragraph (a) of 
this section, a return or return information (including taxpayer return 
information) disclosed before January 1, 1977, by the Service to an 
officer or employee of a Federal agency for a purpose unrelated to tax 
administration as described in paragraph (a) may, after December 31, 
1976, be disclosed by, or on behalf of, such agency, officer, or 
employee in an administrative or judicial proceeding only if such 
proceeding is one described in section 6103(i)(4) of the Code and if the 
requirements of section 6103(i)(4) have first been met.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65566, Oct. 3, 1980]

[[Page 51]]



Sec. 301.6103(a)-2  Disclosures after December 31, 1976, by attorneys of the Department

of Justice and officers and employees of the Office of the Chief 
          Counsel for the Internal Revenue Service of returns and return 
          information (including taxpayer return information) disclosed 
          to such attorneys, officers, and employees by the Service 
          before January 1, 1977, for a purpose involving tax 
          administration.

    (a) General rule. Except as provided by paragraph (b) of this 
section and subject to the requirements of this paragraph, a return or 
return information (including taxpayer return information), as defined 
in section 6103(b) (1), (2), and (3), of the Internal Revenue Code 
disclosed by the Internal Revenue Service before January 1, 1977, to an 
attorney of the Department of Justice (including a United States 
attorney) or to an officer or employee of the Office of the Chief 
Counsel for the Service for a purpose involving tax administration (as 
defined in section 6103(b)(4)) pursuant to the authority of section 6103 
(or any order of the President under section 6103 or rules and 
regulations thereunder prescribed by the Secretary or his delegate and 
approved by the President) before amendment of such section by section 
1202 of the Tax Reform Act of 1976 (Pub. L. 94-455, 90 Stat. 1667) may 
be disclosed by, or on behalf of, such attorney, officer, or employee 
after December 31, 1976, for any purpose authorized by such section (or 
such order or rules and regulations) before such amendment.
    (b) Exception. Notwithstanding the provisions of paragraph (a) of 
this section, a return or return information (including taxpayer return 
information) disclosed before January 1, 1977, by the Service to an 
attorney of the Department of Justice or to an officer or employee of 
the Office of the Chief Counsel for the Service for a purpose related to 
tax administration as described in paragraph (a) may, after December 31, 
1976, be disclosed by, or on behalf of, such attorney, officer, or 
employee in an administrative or judicial proceeding only if such 
proceeding is one described in section 6103(h)(4) of the Code and if the 
requirements of section 6103 (h)(4) have first been met.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65567, Oct. 3, 1980]



Sec. 301.6103(c)-1  Disclosure of returns and return information to designee of taxpayer.

    (a) Overview. Subject to such requirements and conditions as the 
Secretary may prescribe by regulation, section 6103(c) of the Internal 
Revenue Code authorizes the Internal Revenue Service to disclose a 
taxpayer's return or return information to such person or persons as the 
taxpayer may designate in a request for or consent to such disclosure, 
or to any other person at the taxpayer's request to the extent necessary 
to comply with the taxpayer's request to such other person for 
information or assistance. This regulation contains the requirements 
that must be met before, and the conditions under which, the Internal 
Revenue Service may make such disclosures. Paragraph (b) of this section 
provides the requirements that are generally applicable to designate a 
third party to receive the taxpayer's returns and return information. 
Paragraph (c) of this section provides requirements under which the 
Internal Revenue Service may disclose information in connection with a 
taxpayer's written or nonwritten request for a third party to provide 
information or assistance with regard to a tax matter, for example, a 
Congressional inquiry. Paragraph (d) of this section provides the 
parameters for disclosure consents connected with electronic return 
filing programs and combined Federal-State filing. Finally, paragraph 
(e) of this section provides definitions and general rules related to 
requests for or consents to disclosure.
    (b) Disclosure of returns and return information to person or 
persons designated in a written request or consent--(1) General 
requirements. Pursuant to section 6103(c) of the Internal Revenue Code, 
the Internal Revenue Service (or an agent or contractor of the Internal 
Revenue Service) may disclose a taxpayer's return or return information 
(in written or nonwritten form) to such person or persons as the 
taxpayer may

[[Page 52]]

designate in a request for or consent to such disclosure. A request for 
or consent to disclosure under this paragraph (b) must be in the form of 
a separate written document pertaining solely to the authorized 
disclosure. (For the meaning of separate written document, see paragraph 
(e)(1) of this section.) The separate written document must be signed 
(see paragraph (e)(2) of this section) and dated by the taxpayer who 
filed the return or to whom the return information relates. At the time 
it is signed and dated by the taxpayer, the written document must also 
indicate--
    (i) The taxpayer's taxpayer identity information described in 
section 6103(b)(6);
    (ii) The identity of the person or persons to whom the disclosure is 
to be made;
    (iii) The type of return (or specified portion of the return) or 
return information (and the particular data) that is to be disclosed; 
and
    (iv) The taxable year or years covered by the return or return 
information.
    (2) Requirement that request or consent be received within sixty 
days of when signed and dated. The disclosure of a return or return 
information authorized by a written request for or written consent to 
the disclosure shall not be made unless the request or consent is 
received by the Internal Revenue Service (or an agent or contractor of 
the Internal Revenue Service) within 60 days following the date upon 
which the request or consent was signed and dated by the taxpayer.
    (c) Disclosure of returns and return information to designee of 
taxpayer to comply with a taxpayer's request for information or 
assistance. If a taxpayer makes a written or nonwritten request, 
directly to another person or to the Internal Revenue Service, that such 
other person (for example, a member of Congress, friend, or relative of 
the taxpayer) provide information or assistance relating to the 
taxpayer's return or to a transaction or other contact between the 
taxpayer and the Internal Revenue Service, the Internal Revenue Service 
(or an agent or contractor of the Internal Revenue Service or a Federal 
government agency performing a Federal tax administration function) may 
disclose returns or return information (in written or nonwritten form) 
to such other person under the circumstances set forth in paragraphs 
(c)(1) through (3) of this section.
    (1) Written request for information or assistance. (i) The 
taxpayer's request for information or assistance may be in the form of a 
letter or other written document, which must be signed (see paragraph 
(e)(2) of this section) and dated by the taxpayer. The taxpayer must 
also indicate in the written request--
    (A) The taxpayer's taxpayer identity information described in 
section 6103(b)(6);
    (B) The identity of the person or persons to whom disclosure is to 
be made; and
    (C) Sufficient facts underlying the request for information or 
assistance to enable the Internal Revenue Service to determine the 
nature and extent of the information or assistance requested and the 
returns or return information to be disclosed in order to comply with 
the taxpayer's request.
    (ii) A person who receives a copy of a taxpayer's written request 
for information or assistance but who is not the addressee of the 
request, such as a member of Congress who is provided with a courtesy 
copy of a taxpayer's letter to another member of Congress or to the 
Internal Revenue Service, cannot receive returns or return information 
under paragraph (c)(1) of this section.
    (2) Nonwritten request or consent. (i) A request for information or 
assistance may also be nonwritten. Disclosure of returns and return 
information to a designee pursuant to a taxpayer's nonwritten request 
will be made only after the Internal Revenue Service has--
    (A) Obtained from the taxpayer sufficient facts underlying the 
request for information or assistance to enable the Internal Revenue 
Service to determine the nature and extent of the information or 
assistance requested and the return or return information to be 
disclosed in order to comply with the taxpayer's request;
    (B) Confirmed the identity of the taxpayer and the designee; and

[[Page 53]]

    (C) Confirmed the date, the nature, and the extent of the 
information or assistance requested.
    (ii) Examples of disclosures pursuant to nonwritten requests for 
information or assistance under this paragraph (c)(2) include, but are 
not limited to, disclosures to a friend, relative, or other person whom 
the taxpayer brings to an interview or meeting with Internal Revenue 
Service officials, and disclosures to a person whom the taxpayer wishes 
to involve in a telephone conversation with Internal Revenue Service 
officials.
    (iii) As long as the requirements of this paragraph (c)(2) are met, 
the taxpayer does not need to be present, either in person or as part of 
a telephone conversation, for disclosures of returns and return 
information to be made to the other person.
    (3) Rules applicable to written and nonwritten requests for 
information or assistance. A return or return information will be 
disclosed to the taxpayer's designee as provided by this paragraph only 
to the extent considered necessary by the Internal Revenue Service to 
comply with the taxpayer's request or consent. Such disclosures shall 
not be made unless the request or consent is received by the Internal 
Revenue Service, its agent or contractor, or a Federal government agency 
performing a Federal tax administration function in connection with a 
request for advice or assistance relating to such function. This 
paragraph (c) does not apply to disclosures to a taxpayer's 
representative in connection with practice before the Internal Revenue 
Service (as defined in Treasury Department Circular No. 230, 31 CFR part 
10). For disclosures in these cases, see section 6103(e)(6) and 
Sec. Sec. 601.501 through 601.508 of this chapter.
    (d) Acknowledgments of electronically filed returns and other 
documents; combined filing programs with State tax agencies. The 
requirements of paragraphs (b) and (c) of this section do not apply to 
this paragraph (d).
    (1) Acknowledgment of, and notices regarding, electronically filed 
returns and other documents. When a taxpayer files returns or other 
documents or information with the Internal Revenue Service 
electronically, the taxpayer may consent to the disclosure of return 
information to the transmitter or other third party, such as the 
taxpayer's financial institution, necessary to acknowledge that the 
electronic transmission was received and either accepted or rejected by 
the Internal Revenue Service, the reason for any rejection, and such 
other information as the Internal Revenue Service determines is 
necessary to the operation of the electronic filing program. The consent 
must inform the taxpayer of the return information that will be 
transmitted and to whom disclosure will be made.
    (2) Combined return filing programs with State tax agencies. (i) A 
taxpayer's participation in a combined return filing program between the 
Internal Revenue Service and a State agency, body, or commission (State 
agency) described in section 6103(d)(1) constitutes a consent to the 
disclosure by the Internal Revenue Service, to the State agency, of 
taxpayer identity information, signature, and items of common data 
contained on the return. For purposes of this paragraph, common data 
means information reflected on the Federal return required by State law 
to be attached to or included on the State return. Instructions 
accompanying the forms or published procedures involved in such program 
must indicate that by participating in the program, the taxpayer is 
consenting to the Internal Revenue Service's disclosure to the State 
agency of the taxpayer identity information, signature, and items of 
common data, and that such information will be treated by the State 
agency as if it had been directly filed with the State agency. Such 
instructions or procedures must also describe any verification that 
takes place before the taxpayer identity information, signature and 
common data is transmitted by the Internal Revenue Service to the State 
agency.
    (ii) No disclosures may be made under this paragraph (d)(2) unless 
there are provisions of State law protecting the confidentiality of such 
items of common data.
    (e) Definitions and rules applicable to this section--(1) Separate 
written document. (i) For the purposes of paragraph (b) of this section, 
separate written document means--

[[Page 54]]

    (A) Text appearing on one or more sheets of 8\1/2\ -inch by 11-inch 
or larger paper, each of which pertains solely to the authorized 
disclosure, so long as such sheet or sheets, taken together, contain all 
the elements described in paragraph (b)(1) of this section;
    (B) Text appearing on one or more computer screens, each of which 
pertains solely to the authorized disclosure, so long as such screen or, 
taken together, such screens--
    (1) Contain all the elements described in paragraph (b)(1) of this 
section,
    (2) Can be signed (see paragraph (e)(2) of this section) and dated 
by the taxpayer, and
    (3) Can be reproduced, if necessary; or
    (C) A consent on the record in an administrative or judicial 
proceeding, or a transcript of such proceeding recording such consent, 
containing the information required under paragraph (b)(1) of this 
section.
    (ii) A provision included in a taxpayer's application for a loan or 
other benefit authorizing the grantor of the loan or other benefit to 
obtain any financial information, including returns or return 
information, from any source as the grantor may request for purposes of 
verifying information supplied on the application, does not meet the 
requirements of paragraph (b)(1) of this section because the provision 
is not a separate written document relating solely to the disclosure of 
returns and return information. In addition, the provision does not 
contain the other information specified in paragraph (b)(1) of this 
section.
    (2) Method of signing. A request for or consent to disclosure may be 
signed by any method of signing the Secretary has prescribed pursuant to 
Sec. 301.6061-1(b) in forms, instructions, or other appropriate 
guidance.
    (3) Permissible designees and public forums. Permissible designees 
under this section include individuals; trusts; estates; corporations; 
partnerships; Federal, State, local and foreign government agencies or 
subunits of such agencies; or the general public. When disclosures are 
to be made in a public forum, such as in a courtroom or congressional 
hearing, the request for or consent to disclosure must describe the 
circumstances surrounding the public disclosure, e.g., congressional 
hearing, judicial proceeding, media, and the date or dates of the 
disclosure. When a designee is an individual, this section does not 
authorize disclosures to other individuals associated with such 
individual, such as employees of such individual or members of such 
individual's staff.
    (4) Authority to execute a request for or consent to disclosure. Any 
person who may obtain returns under section 6103(e)(1) through (5), 
except section 6103(e)(1)(D)(iii), may execute a request for or consent 
to disclose a return or return information to third parties. For 
taxpayers that are legal entities, such as corporations and municipal 
bond issuers, any officer of the entity with authority under applicable 
State law to legally bind the entity may execute a request for or 
consent to disclosure. A person described in section 6103(e)(6) (a 
taxpayer's representative or individual holding a power of attorney) may 
not execute a request for or consent to disclosure unless the 
designation of representation or power of attorney specifically 
delegates such authority. A designee pursuant to this section does not 
have authority to execute a request for or consent to disclosure 
permitting the Internal Revenue Service to disclose returns or return 
information to another person.
    (5) No disclosure of return information if impairment. A disclosure 
of return information shall not be made under this section if the 
Internal Revenue Service determines that the disclosure would seriously 
impair Federal tax administration (as defined in section 6103(b)(4) of 
the Internal Revenue Code).
    (f) Effective date. This section is applicable on April 29, 2003.

[68 FR 22598, Apr. 29, 2003]

[[Page 55]]



Sec. 301.6103(h)(2)-1  Disclosure of returns and return information 

(including taxpayer return information) to and by officers and employees of the Department 
          of Justice for use in Federal grand jury proceeding, or in 
          preparation for proceeding or investigation, involving tax 
          administration.

    (a) Disclosure of returns and return information (including taxpayer 
return information) to and by officers and employees of the Department 
of Justice. (1) Returns and return information (including taxpayer 
return information), as defined in section 6103(b) (1), (2), and (3) of 
the Internal Revenue Code, shall, to the extent provided by section 
6103(h)(2) (A), (B), and (C) and subject to the requirements of section 
6103(h)(3), be open to inspection by or disclosure to officers and 
employees of the Department of Justice (including United States 
attorneys) personally and directly engaged in, and for their necessary 
use in, any Federal grand jury proceeding, or preparation for any 
proceeding (or for their necessary use in an investigation which may 
result in such a proceeding) before a Federal grand jury or any Federal 
or State court, in a matter involving tax administration (as defined in 
section 6103(b)(4)), including any such proceeding (or any such 
investigation) also involving the enforcement of a related Federal 
criminal statute which has been referred by the Secretary to the 
Department of Justice.
    (2) Returns and return information (including taxpayer return 
information) inspected by or disclosed to officers and employees of the 
Department of Justice as provided in paragraph (a)(1) of this section 
may also be used by such officers and employees or disclosed by them to 
other officers and employees (including United States attorneys and 
supervisory personnel, such as Section Chiefs, Deputy Assistant 
Attorneys General, Assistant Attorneys General, the Deputy Attorney 
General, and the Attorney General), of the Department of Justice where 
necessary--
    (i) In connection with any Federal grand jury proceeding, or 
preparation for any proceeding (or with an investigation which may 
result in such a proceeding), described in paragraph (a)(1), or
    (ii) In connection with any Federal grand jury proceeding, or 
preparation for any proceeding (or with an investigation which may 
result in such a proceeding), described in paragraph (a)(1) which also 
involves enforcement of a specific Federal criminal statute other than 
one described in paragraph (a)(1) to which the United States is or may 
be a party, provided such matter involves or arises out of the 
particular facts and circumstances giving rise to the proceeding (or 
investigation) described in paragraph (a)(1) and further provided the 
tax portion of such proceeding (or investigation) has been duly 
authorized by or on behalf of the Assistant Attorney General for the Tax 
Division of the Department of Justice, pursuant to the request of the 
Secretary, as a proceeding (or investigation) described in paragraph 
(a)(1). If, in the course of a Federal grand jury proceeding, or 
preparation for a proceeding (or the conduct of an investigation which 
may result in such a proceeding), described in subdivision (ii) of this 
subparagraph, the tax administration portion thereof is terminated for 
any reason, any further use or disclosure of such returns or taxpayer 
return information in such Federal grand jury proceeding, or preparation 
or investigation, with respect to the remaining portion may be made only 
pursuant to, and upon the grant of, a court order as provided by section 
6103(i)(1)(A), provided, however, that the returns and taxpayer return 
information may in any event be used for purposes of obtaining the 
necessary court order.
    (b) Disclosure of returns and return information (including taxpayer 
return information) by officers and employees of the Department of 
Justice. (1) Returns and return information (including taxpayer return 
information), as defined in section 6103(b) (1), (2), and (3) of the 
Code, inspected by or disclosed to officers and employees of the 
Department of Justice as provided by paragraph (a) of this section may 
be disclosed by such officers and employees to other persons, including, 
but not limited to, persons described in paragraph (b)(2), but only to 
the extent necessary in connection with a Federal grand jury

[[Page 56]]

proceeding, or the proper preparation for a proceeding (or in connection 
with an investigation which may result in such a proceeding), described 
in paragraph (a). Such disclosures may include, but are not limited to, 
disclosures--
    (i) To properly accomplish any purpose or activity of the nature 
described in section 6103(k)(6) and the regulations thereunder which is 
essential to such Federal grand jury proceeding, or to such proper 
preparation (or to such investigation);
    (ii) To properly interview, consult, depose, or interrogate or 
otherwise obtain relevant information from, the taxpayer to whom such 
return or return information relates (or such taxpayer's legal 
representative) or from any witness who may be called to give evidence 
in the proceeding; or
    (iii) To properly conduct negotiations concerning, or obtain 
authorization for, settlement or disposition of the proceeding, in whole 
or in part, or stipulations of fact in connection with the proceeding.

Disclosure of a return or return information to a person other than the 
taxpayer to whom such return or return information relates or such 
taxpayer's legal representative to properly accomplish any purpose or 
activity described in this paragraph should be made, however, only if 
such purpose or activity cannot otherwise properly be accomplished 
without making such disclosure.
    (2) Among those persons to whom returns and return information may 
be disclosed by officers and employees of the Department of Justice as 
provided by paragraph (a)(1) of this section are--
    (i) Other officers and employees of the Department of Justice, such 
as personnel of an office, board, division, or bureau of such department 
(for example, the Federal Bureau of Investigation or the Drug 
Enforcement Administration), clerical personnel (for example, 
secretaries, stenographers, docket and file room clerks, and mail room 
employees) and supervisory personnel (such as supervisory personnel of 
the Federal Bureau of Investigation or the Drug Enforcement 
Administration);
    (ii) Officers and employees of another Federal agency (as defined in 
section 6103(b)(9)) working under the direction and control of any such 
officers and employees of the Department of Justice; and
    (iii) Court reporters.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65567, Oct. 3, 1980]



Sec. 301.6103(i)-1  Disclosure of returns and return information 

(including taxpayer return information) 

to and by officers and employees of the Department of 
          Justice or another Federal agency for use in Federal grand 
          jury proceeding, or preparation for proceeding or 
          investigation, involving enforcement of Federal criminal 
          statute not involving tax administration.

    (a) Disclosure of returns and return information (including taxpayer 
return information) to officers and employees of the Department of 
Justice or another Federal agency. Returns and return information 
(including taxpayer return information), as defined in section 
6103(b)(1), (2), and (3) of the Internal Revenue Code, shall, to the 
extent provided by section 6103(i) (1), (2), and (3) and subject to the 
requirements of section 6103(i) (1) and (2), be open to inspection by or 
disclosure to officers and employees of the Department of Justice 
(including United States attorneys) or of another Federal agency (as 
defined in section 6103(b)(9)) personally and directly engaged in, and 
for their necessary use in, any Federal grand jury proceeding, or 
preparation for any administration or judicial proceeding (or their 
necessary use in an investigation which may result in such a 
proceeding), pertaining to enforcement of a specifically designated 
Federal criminal statute not involving or related to tax administration 
to which the United States or such agency is or may be a party.
    (b) Disclosure of returns and return information (including taxpayer 
return information) by officers and employees of the Department of 
Justice or another Federal agency. (1) Returns and return information 
(including taxpayer return information), as defined in section 6103(b) 
(1), (2), and (3) of the Code, disclosed to officers and employees of 
the Department of Justice or other Federal

[[Page 57]]

agency (as defined in section 6103(b)(9)) as provided by paragraph (a) 
of this section may be disclosed by such officers and employees to other 
persons, including, but not limited to, persons described in 
subparagraph (2) of this paragraph, but only to the extent necessary in 
connection with a Federal grand jury proceeding, or the proper 
preparation for a proceeding (or in connection with an investigation 
which may result in such a proceeding), described in paragraph (a). Such 
disclosures may include, but are not limited to, disclosures where 
necessary--
    (i) To properly obtain the services of persons having special 
knowledge or technical skills (such as, but not limited to, handwriting 
analysis, photographic development, sound recording enhancement, or 
voice identification);
    (ii) To properly interview, consult, depose, or interrogate or 
otherwise obtain relevant information from, the taxpayer to whom such 
return or return information relates (or such taxpayer's legal 
representative) or any witness who may be called to give evidence in the 
proceeding; or
    (iii) To properly conduct negotiations concerning, or obtain 
authorization for, disposition of the proceeding, in whole or in part, 
or stipulations of fact in connection with the proceeding.

Disclosure of a return or return information to a person other than the 
taxpayer to whom such return or return information relates or such 
taxpayer's legal representative to properly accomplish any purpose or 
activity described in this subparagraph should be made, however, only if 
such purpose or activity cannot otherwise properly be accomplished 
without making such disclosures.
    (2) Among those persons to whom returns and return information may 
be disclosed by officers and employees of the Department of Justice or 
other Federal agency as provided by subparagraph (1) of this paragraph 
are--
    (i) Other officers and employees of the Department of Justice 
(including an office, board, division, or bureau of such department, 
such as the Federal Bureau of Investigation or the Drug Enforcement 
Administration) or other Federal agency described in subparagraph (1), 
such as clerical personnel (for example, secretaries, stenographers, 
docket and file room clerks, and mail room employees) and supervisory 
personnel (for example, in the case of the Department of Justice, 
Section Chiefs, Deputy Assistant Attorneys General, Assistant Attorneys 
General, the Deputy Attorney General, the Attorney General, and 
supervisory personnel of the Federal Bureau of Investigation or the Drug 
Enforcement Administration);
    (ii) Officers and employees of another Federal agency (as defined in 
section 6103(b)(9)) working under the direction and control of such 
officers and employees of the Department of Justice or other Federal 
agency described in subparagraph (1); and
    (iii) Court reporters.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65568, Oct. 3, 1980]



Sec. 301.6103(j)(1)-1  Disclosures of return information reflected on returns to officers

and employees of the Department of Commerce for certain statistical 
          purposes and related activities.

    (a) General rule. Pursuant to the provisions of section 6103(j)(1) 
of the Internal Revenue Code and subject to the requirements of 
paragraph (d) of this section, officers or employees of the Internal 
Revenue Service will disclose return information (as defined by section 
6103(b)(2) but not including return information described in section 
6103(o)(2)) reflected on returns to officers and employees of the 
Department of Commerce to the extent, and for such purposes as may be, 
provided by paragraphs (b) and (c) of this section. Further, in the case 
of any disclosure of return information reflected on returns so provided 
by paragraphs (b) and (c) of this section, the tax period or accounting 
period to which such information relates will also be disclosed. 
``Return information reflected on returns'' includes, but is not limited 
to, information on returns, information derived from processing such 
returns, and information derived from the Social Security Administration 
and other sources for the purposes of establishing

[[Page 58]]

and maintaining taxpayer information relating to returns.
    (b) Disclosure of return information reflected on returns to 
officers and employees of the Bureau of the Census. (1) Officers or 
employees of the Internal Revenue Service will disclose the following 
return information reflected on returns of individual taxpayers to 
officers and employees of the Bureau of the Census for purposes of, but 
only to the extent necessary in, conducting and preparing, as authorized 
by chapter 5 of title 13, United States Code, intercensal estimates of 
population and income for all geographic areas included in the 
population estimates program and demographic statistics programs, 
censuses, and related program evaluation:
    (i) Taxpayer identity information (as defined in section 6103(b)(6) 
of the Internal Revenue Code), validity code with respect to the 
taxpayer identifying number (as described in section 6109), and taxpayer 
identity information of spouse and dependents, if reported.
    (ii) Location codes (including area/district office and campus/
service center codes).
    (iii) Marital status.
    (iv) Number and classification of reported exemptions.
    (v) Wage and salary income.
    (vi) Dividend income.
    (vii) Interest income.
    (viii) Gross rent and royalty income.
    (ix) Total of--
    (A) Wages, salaries, tips, etc.;
    (B) Interest income;
    (C) Dividend income;
    (D) Alimony received;
    (E) Business income;
    (F) Pensions and annuities;
    (G) Income from rents, royalties, partnerships, estates, trusts, 
etc.;
    (H) Farm income;
    (I) Unemployment compensation; and
    (J) Total Social Security benefits.
    (x) Adjusted gross income.
    (xi) Type of tax return filed.
    (xii) Entity code.
    (xiii) Code indicators for Form 1040, Form 1040 (Schedules A, C, D, 
E, F, and SE), and Form 8814.
    (xiv) Posting cycle date relative to filing.
    (xv) Social Security benefits.
    (xvi) Earned Income (as defined in section 32(c)(2)).
    (xvii) Number of Earned Income Tax Credit-eligible qualifying 
children.
    (2) Officers or employees of the Internal Revenue Service will 
disclose to officers and employees of the Bureau of the Census for 
purposes of, but only to the extent necessary in, conducting, as 
authorized by chapter 5 of title 13, United States Code, demographic, 
economic, and agricultural statistics programs and censuses and related 
program evaluation--
    (i) From the business master files of the Internal Revenue Service--
the taxpayer name directory and entity records consisting of taxpayer 
identity information (as defined in section 6103(b)(6)) with respect to 
taxpayers engaged in a trade or business, the principal industrial 
activity code, the filing requirement code, the employment code, the 
physical location, the location codes (including area/district office 
and campus/service center codes), and monthly corrections of, and 
additions to, such entity records;
    (ii) From Form SS-4--all information reflected on such form;
    (iii) From an employment tax return--
    (A) Taxpayer identifying number (as described in section 6109) of 
the employer;
    (B) Total compensation reported;
    (C) Master file tax account code (MFT);
    (D) Taxable period covered by such return;
    (E) Employer code;
    (F) Document locator number;
    (G) Record code;
    (H) Total number of individuals employed in the taxable period 
covered by the return;
    (I) Total taxable wages paid for purposes of chapter 21; and
    (J) Total taxable tip income reported for purposes of chapter 21;
    (iv) From Form 1040 (Schedule SE)--
    (A) Taxpayer identifying number of self-employed individual;
    (B) Business activities subject to the tax imposed by chapter 21;
    (C) Net earnings from farming;
    (D) Net earnings from nonfarming activities;

[[Page 59]]

    (E) Total net earnings from self-employment; and
    (F) Taxable self-employment income for purposes of chapter 2;
    (v) Total Social Security taxable earnings; and
    (vi) Quarters of Social Security coverage.
    (b)(3) Officers or employees of the Internal Revenue Service will 
disclose the following business-related return information reflected on 
returns of taxpayers to officers and employees of the Bureau of the 
Census for purposes of, but only to the extent necessary in, conducting 
and preparing, as authorized by chapter 5 of title 13, United States 
Code, demographic and economic statistics programs, censuses, and 
surveys. (The ``returns of taxpayers'' include, but are not limited to: 
Form 941; Form 990 series; Form 1040 series and Schedules C and SE; Form 
1065 and all attending schedules and Form 8825; Form 1120 series and all 
attending schedules and Form 8825; Form 851; Form 1096; and other 
business returns, schedules and forms that the Internal Revenue Service 
may issue.):
    (i) Taxpayer identity information (as defined in section 6103(b)(6)) 
including parent corporation, shareholder, partner, and employer 
identity information.
    (ii) Gross income, profits, or receipts.
    (iii) Returns and allowances.
    (iv) Cost of labor, salaries, and wages.
    (v) Total expenses or deductions.
    (vi) Total assets.
    (vii) Beginning- and end-of-year inventory.
    (viii) Royalty income.
    (ix) Interest income, including portfolio interest.
    (x) Rental income, including gross rents.
    (xi) Tax-exempt interest income.
    (xii) Net gain from sales of business property.
    (xiii) Other income.
    (xiv) Total income.
    (xv) Percentage of stock owned by each shareholder.
    (xvi) Percentage of capital ownership of each partner.
    (xvii) Principal industrial activity code, including the business 
description.
    (xviii) Consolidated return indicator.
    (xix) Wages, tips, and other compensation.
    (xx) Social Security wages.
    (xxi) Deferred wages.
    (xxii) Social Security tip income.
    (xxiii) Total Social Security taxable earnings.
    (xxiv) Gross distributions from employer-sponsored and individual 
retirement plans from Form 1099-R.
    (xxv) From Form 6765 (when filed with corporation income tax 
returns)--total qualified research expenses.
    (xxvi) Social Security tip income.
    (xxvii) Total Social Security taxable earnings.
    (xxviii) Gross distributions from employer-sponsored and individual 
retirement plans from Form 1099-R.
    (4) Officers or employees of the Internal Revenue Service will 
disclose return information reflected on returns of taxpayers contained 
in the exempt organization master files of the Internal Revenue Service 
to officers and employees of the Bureau of the Census for purposes of, 
but only to the extent necessary in, conducting and preparing, as 
authorized by chapter 5 of title 13, United States Code, economic 
censuses. This return information reflected on returns of taxpayers 
consists of taxpayer identity information (as defined in section 
6103(b)(6)), activity codes, and filing requirement code, and monthly 
corrections of, and additions to, such information.
    (5) Subject to the requirements of paragraph (d) of this section and 
Sec. 301.6103(p)(2)(B)-1, officers or employees of the Social Security 
Administration to whom the following return information reflected on 
returns has been disclosed as provided by section 6103(l)(1)(A) or 
(l)(5) may disclose such information to officers and employees of the 
Bureau of the Census for necessary purposes described in paragraph 
(b)(2) or (3) of this section:
    (i) From Form SS-4--all information reflected on such form.
    (ii) From Form 1040 (Schedule SE)--
    (A) Taxpayer identifying number of self-employed individual;
    (B) Business activities subject to the tax imposed by chapter 21;
    (C) Net earnings from farming;
    (D) Net earnings from nonfarming activities;

[[Page 60]]

    (E) Total net earnings from self-employment; and
    (F) Taxable self-employment income for purposes of chapter 2.
    (iii) From Form W-2, and related forms and schedules--
    (A) Social Security number;
    (B) Employer identification number;
    (C) Wages, tips, and other compensation;
    (D) Social Security wages; and
    (E) Deferred wages.
    (iv) Total Social Security taxable earnings.
    (v) Quarters of Social Security coverage.
    (6)(i) Officers or employees of the Internal Revenue Service will 
disclose the following return information (but not including return 
information described in section 6103(o)(2)) reflected on returns of 
corporations with respect to the tax imposed by chapter 1 to officers 
and employees of the Bureau of the Census for purposes of, but only to 
the extent necessary in, developing and preparing, as authorized by law, 
the Quarterly Financial Report:
    (A) From the business master files of the Internal Revenue Service--
    (1) Taxpayer identity information (as defined in section 
6103(b)(6)), including parent corporation identity information;
    (2) Document code;
    (3) Location codes (including area/district office and campus/
service center codes);
    (4) Consolidated return and final return indicators;
    (5) Principal industrial activity code;
    (6) Partial year indicator;
    (7) Annual accounting period;
    (8) Gross receipts less returns and allowances; and
    (9) Total assets.
    (B) From Form SS-4--
    (1) Month and year in which such form was executed;
    (2) Taxpayer identity information; and
    (3) Principal industrial activity, geographic, firm size, and reason 
for application codes.
    (ii) Subject to the requirements of paragraph (d) of this section 
and Sec. 301.6103(p)(2)(B)-1, officers or employees of the Social 
Security Administration to whom return information reflected on returns 
of corporations described in paragraph (b)(6)(i)(B) of this section has 
been disclosed as provided by section 6103(l)(1)(A) or (l)(5) may 
disclose such information to officers and employees of the Bureau of the 
Census for a purpose described in this paragraph (b)(6).
    (iii) Return information reflected on employment tax returns 
disclosed pursuant to paragraphs (b)(2)(iii) (A), (B), (D), (I) and (J) 
of this section may be used by officers and employees of the Bureau of 
the Census for the purpose described in and subject to the limitations 
of this paragraph (b)(6).
    (c) Disclosure of return information reflected on returns of 
corporations to officers and employees of the Bureau of Economic 
Analysis.
    (1) As authorized by law for purposes of, but only to the extent 
necessary in, conducting and preparing statistical analyses, the 
Internal Revenue Service will disclose to officers and employees of the 
Bureau of Economic Analysis all return information, regardless of format 
or medium and including edited information from the Statistics of Income 
sample, of designated classes or categories of corporations with respect 
to the tax imposed by chapter 1 of the Internal Revenue Code.
    (2) [Reserved]
    (3) The Internal Revenue Service will disclose the following return 
information reflected on returns filed by corporations to officers and 
employees of the Bureau of Economic Analysis:
    (i) From the business master files of the Internal Revenue Service--
    (A) Taxpayer identity information (as defined in section 6103(b)(6)) 
with respect to corporate taxpayers;
    (B) Business or industry activity codes;
    (C) Filing requirement code; and
    (D) Physical location.
    (ii) From Form SS-4, ``Application for Employer Identification 
Number,'' filed by an entity identifying itself on the form as a 
corporation or a private services corporation--
    (A) Taxpayer identity information (as defined in section 6103(b)(6), 
including legal, trade, and business name);
    (B) Physical location;
    (C) State or country of incorporation;
    (D) Entity type (corporate only);

[[Page 61]]

    (E) Estimated highest number of employees expected in the next 12 
months;
    (F) Principal activity of the business;
    (G) Principal line of merchandise;
    (H) Posting cycle date relative to filing; and
    (I) Document code.
    (iii) From an employment tax return filed by a corporation--
    (A) Taxpayer identity information (as defined in section 
6103(b)(6));
    (B) Total compensation reported;
    (C) Taxable wages paid for purposes of Chapter 21 to each employee;
    (D) Master file tax account code (MFT);
    (E) Total number of individuals employed in the taxable period 
covered by the return;
    (F) Posting cycle date relative to filing;
    (G) Accounting period covered; and
    (H) Document code.
    (iv) From returns of corporate taxpayers, including Form 1120, 
``U.S. Corporation Income Tax Return,'' Form 851, ``Affiliations 
Schedule,'' and other business returns, schedules and forms that the 
Internal Revenue Service may issue--
    (A) Taxpayer identity information (as defined in section 
6103(b)(6)), including that of a parent corporation, affiliate, or 
subsidiary; a shareholder; a foreign corporation of which one or more 
U.S. shareholders (as defined in section 951(b)) own at least 10% of the 
voting stock; a foreign trust; and a U.S. agent of a foreign trust;
    (B) Gross sales and receipts;
    (C) Gross income, including life insurance company gross income;
    (D) Gross income from sources outside the U.S.;
    (E) Gross rents from real property;
    (F) Other Gross Rents;
    (G) Total Gross Rents;
    (H) Returns and allowances;
    (I) Percentage of foreign ownership of corporations and trusts;
    (J) Fact of ownership of foreign partnerships;
    (K) Fact of ownership of foreign entity disregarded as a foreign 
entity;
    (L) Country of the foreign owner;
    (M) Gross value of the portion of the foreign trust owned by filer;
    (N) Country of incorporation;
    (O) Cost of labor, salaries, and wages;
    (P) Total assets;
    (Q) The quantity of certain forms attached that are returns of U.S. 
persons with respect to foreign disregarded entities, partnerships, and 
corporations.
    (R) Posting cycle date relative to filing;
    (S) Accounting period covered;
    (T) Master file tax account code (MFT);
    (U) Document code; and
    (V) Principal industrial activity code.
    (d) Procedures and restrictions. Disclosure of return information 
reflected on returns by officers or employees of the Internal Revenue 
Service or the Social Security Administration as provided by paragraphs 
(b) and (c) of this section will be made only upon written request to 
the Commissioner of Internal Revenue by the Secretary of Commerce 
describing--
    (1) The particular return information reflected on returns to be 
disclosed;
    (2) The taxable period or date to which such return information 
reflected on returns relates; and
    (3)(i) The particular purpose for which the return information 
reflected on returns is to be used, and designating by name and title 
the officers and employees of the Bureau of the Census or the Bureau of 
Economic Analysis to whom such disclosure is authorized.
    (ii) No such officer or employee to whom return information 
reflected on returns is disclosed pursuant to the provisions of 
paragraph (b) or (c) of this section shall disclose such information to 
any person, other than the taxpayer to whom such return information 
reflected on returns relates or other officers or employees of such 
bureau whose duties or responsibilities require such disclosure for a 
purpose described in paragraph (b) or (c) of this section, except in a 
form which cannot be associated with, or otherwise identify, directly or 
indirectly, a particular taxpayer. If the Internal Revenue Service 
determines that the Bureau of the Census or the Bureau of Economic 
Analysis, or any officer or employee thereof, has failed to, or does 
not, satisfy the requirements of section 6103(p)(4) of the Internal 
Revenue Code or regulations or published procedures

[[Page 62]]

thereunder (see Sec. 601.601(d)(2) of this chapter), the Internal 
Revenue Service may take such actions as are deemed necessary to ensure 
that such requirements are or will be satisfied, including suspension of 
disclosures of return information reflected on returns otherwise 
authorized by section 6103 (j)(1) and paragraph (b) or (c) of this 
section, until the Internal Revenue Service determines that such 
requirements have been or will be satisfied.
    (e) Effective/applicability date. Paragraph (b)(3)(xxv) of this 
section is applicable to disclosures to the Bureau of the Census on or 
after August 26, 2010.

[T.D. 9037, 68 FR 2693, Jan. 21, 2003, as amended by T.D. 9188, 70 FR 
12141, Mar. 11, 2005; T.D. 9267, 71 FR 38263, July 6, 2006; T.D. 9372, 
72 FR 73262, Dec. 27, 2007; T.D. 9439, 73 FR 79361, Dec. 29, 2008; T.D. 
9500, 75 FR 52459, Aug. 26, 2010]



Sec. 301.6103(j)(1)-1T  Disclosures of return information reflected on returns to officers

and employees of the Department of Commerce for certain statistical 
          purposes and related activities (temporary).

    (a) through (b)(3)(xxiv) [Reserved] For further guidance, see Sec. 
301.6103(j)(1)-1(a) through (b)(3)(xxiv).
    (xxv) From Form 6765 (when filed with corporation income tax 
returns)--total qualified research expenses.
    (b)(3)(xxvi) through (b)(3)(xxviii) [Reserved] For further guidance, 
see Sec. 301.6103(j)(1)-1(b)(3)(xxvi) through (b)(3)(xxviii).
    (xxix) Total number of documents reported on Form 1096 transmitting 
Forms 1099-MISC.
    (xxx) Total amount reported on Form 1096 transmitting Forms 1099-
MISC.
    (c) and (d) [Reserved] For further guidance, see Sec. 
301.6103(j)(1)-1(c) and (d).
    (e) Effective/applicability date. Paragraph (b)(3)(xxix) through 
(b)(3)(xxx) of this section is applicable to disclosures to the Bureau 
of the Census on or after August 26, 2010.
    (f) Expiration date. The applicability of the amendment to paragraph 
(b)(3)(xxv) of this section expires on or before December 28, 2010. The 
applicability of paragraphs (b)(3)(xxix) through (b)(3)(xxx) of this 
section expires on or before August 26, 2013.

[T.D. 9439, 74 FR 7814, Feb. 20, 2009, as amended by T.D. 9500, 75 FR 
52459, Aug. 26, 2010]



Sec. 301.6103(j)(5)-1  Disclosures of return information reflected on returns to officers 

and employees of the Department of Agriculture for conducting the 
          census of agriculture.

    (a) General rule. Pursuant to the provisions of section 6103(j)(5) 
of the Internal Revenue Code and subject to the requirements of 
paragraph (c) of this section, officers or employees of the Internal 
Revenue Service will disclose return information reflected on returns to 
officers and employees of the Department of Agriculture to the extent, 
and for such purposes, as may be provided by paragraph (b) of this 
section. ``Return information reflected on returns'' includes, but is 
not limited to, information on returns, information derived from 
processing such returns, and information derived from other sources for 
the purposes of establishing and maintaining taxpayer information 
relating to returns.
    (b) Disclosure of return information reflected on returns to 
officers and employees of the Department of Agriculture. (1) Officers or 
employees of the Internal Revenue Service will disclose the following 
return information reflected on returns described in this paragraph (b) 
for individuals, partnerships and corporations with agricultural 
activity, as determined generally by industry code classification or the 
filing of returns for such activity, to officers and employees of the 
Department of Agriculture for purposes of, but only to the extent 
necessary in, structuring, preparing, and conducting, as authorized by 
chapter 55 of title 7, United States Code, the census of agriculture.
    (2) From Form 1040 ``U.S. Individual Income Tax Return'', Form 1041 
``U.S. Income Tax Return for Estates and Trusts'', Form 1065 ``U.S. 
Return of Partnership Income'' and Form 1065-B ``U.S. Return of Income 
for Electing Large Partnerships'' (Schedule F)--
    (i) Taxpayer identity information (as defined in section 6103(b)(6) 
of the Internal Revenue Code);
    (ii) Spouse's Social Security Number;
    (iii) Annual accounting period;
    (iv) Principal Business Activity (PBA) code;
    (v) Taxable cooperative distributions;
    (vi) Income from custom hire and machine work;

[[Page 63]]

    (vii) Gross income;
    (viii) Master File Tax (MFT) code;
    (ix) Document Locator Number (DLN);
    (x) Cycle posted;
    (xi) Final return indicator;
    (xii) Part year return indicator; and
    (xiii) Taxpayer telephone number.
    (3) From Form 943, ``Employer's Annual Tax Return for Agricultural 
Employees''--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) Total wages subject to Medicare taxes;
    (iv) MFT code;
    (v) DLN;
    (vi) Cycle posted;
    (vii) Final return indicator; and
    (viii) Part year return indicator.
    (4) From Form 1120 series, ``U.S. Corporation Income Tax Return''--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) Gross receipts less returns and allowances;
    (iv) PBA code;
    (v) MFT Code;
    (vi) DLN;
    (vii) Cycle posted;
    (viii) Final return indicator;
    (ix) Part year return indicator; and
    (x) Consolidated return indicator.
    (5) From Form 1065 series, ``U.S. Return of Partnership Income''--
    (i) Taxpayer identity information;
    (ii) Annual accounting period;
    (iii) PBA code;
    (iv) Gross receipts less returns and allowances;
    (v) Net farm profit (loss);
    (vi) MFT code;
    (vii) DLN;
    (viii) Cycle posted;
    (ix) Final return indicator; and
    (x) Part year return indicator.
    (c) Procedures and Restrictions. (1) Disclosure of return 
information reflected on returns by officers or employees of the 
Internal Revenue Service as provided by paragraph (b) of this section 
will be made only upon written request designating, by name and title, 
the officers and employees of the Department of Agriculture to whom such 
disclosure is authorized, to the Commissioner of Internal Revenue by the 
Secretary of Agriculture and describing--
    (i) The particular return information reflected on returns for 
disclosure;
    (ii) The taxable period or date to which such return information 
reflected on returns relates; and
    (iii) The particular purpose for the requested return information 
reflected on returns.
    (2)(i) No such officer or employee to whom the Internal Revenue 
Service discloses return information reflected on returns pursuant to 
the provisions of paragraph (b) of this section shall disclose such 
information to any person, other than the taxpayer to whom such return 
information reflected on returns relates or other officers or employees 
of the Department of Agriculture whose duties or responsibilities 
require such disclosure for a purpose described in paragraph (b)(1) of 
this section, except in a form that cannot be associated with, or 
otherwise identify, directly or indirectly, a particular taxpayer.
    (ii) If the Internal Revenue Service determines that the Department 
of Agriculture, or any officer or employee thereof, has failed to, or 
does not, satisfy the requirements of section 6103(p)(4) of the Internal 
Revenue Code or regulations or published procedures, the Internal 
Revenue Service may take such actions as are deemed necessary to ensure 
that such requirements are or will be satisfied, including suspension of 
disclosures of return information reflected on returns otherwise 
authorized by section 6103(j)(5) and paragraph (b) of this section, 
until the Internal Revenue Service determines that such requirements 
have been or will be satisfied.
    (d) Effective date. This section is applicable on February 22, 2006.

[T.D. 9245, 71 FR 8945, Feb. 22, 2006]



Sec. 301.6103(k)(6)-1  Disclosure of return information by certain officers 

and employees for investigative purposes.

    (a) General rule. (1) Pursuant to the provisions of section 
6103(k)(6) and subject to the conditions of this section, an internal 
revenue employee or an Office of Treasury Inspector General for Tax 
Administration (TIGTA) employee, in connection with official duties 
relating to any examination, administrative appeal, collection activity, 
administrative, civil or criminal

[[Page 64]]

investigation, enforcement activity, ruling, negotiated agreement, 
prefiling activity, or other proceeding or offense under the internal 
revenue laws or related statutes, or in preparation for any proceeding 
described in section 6103(h)(2) (or investigation which may result in 
such a proceeding), may disclose return information, of any taxpayer, to 
the extent necessary to obtain information relating to such official 
duties or to accomplish properly any activity connected with such 
official duties, including, but not limited to--
    (i) Establishing or verifying the correctness or completeness of any 
return or return information;
    (ii) Determining the responsibility for filing a return, for making 
a return if none has been made, or for performing such acts as may be 
required by law concerning such matters;
    (iii) Establishing or verifying the liability (or possible 
liability) of any person, or the liability (or possible liability) at 
law or in equity of any transferee or fiduciary of any person, for any 
tax, penalty, interest, fine, forfeiture, or other imposition or offense 
under the internal revenue laws or related statutes or the amount 
thereof for collection;
    (iv) Establishing or verifying misconduct (or possible misconduct) 
or other activity proscribed by the internal revenue laws or related 
statutes;
    (v) Obtaining the services of persons having special knowledge or 
technical skills (such as, but not limited to, knowledge of particular 
facts and circumstances relevant to a correct determination of a 
liability described in paragraph (a)(1)(iii) of this section or skills 
relating to handwriting analysis, photographic development, sound 
recording enhancement, or voice identification) or having recognized 
expertise in matters involving the valuation of property if relevant to 
proper performance of official duties described in this paragraph;
    (vi) Establishing or verifying the financial status or condition and 
location of the taxpayer against whom collection activity is or may be 
directed, to locate assets in which the taxpayer has an interest, to 
ascertain the amount of any liability described in paragraph (a)(1)(iii) 
of this section for collection, or otherwise to apply the provisions of 
the Internal Revenue Code relating to establishment of liens against 
such assets, or levy, seizure, or sale on or of the assets to satisfy 
any such liability;
    (vii) Preparing for any proceeding described in section 6103(h)(2) 
or conducting an investigation which may result in such a proceeding; or
    (viii) Obtaining, verifying, or establishing information concerned 
with making determinations regarding a taxpayer's liability under the 
Internal Revenue Code, including, but not limited to, the administrative 
appeals process and any ruling, negotiated agreement, or prefiling 
process.
    (2) Disclosure of return information for the purpose of obtaining 
information to carry out properly the official duties described by this 
paragraph, or any activity connected with the official duties, is 
authorized only if the internal revenue or TIGTA employee reasonably 
believes, under the facts and circumstances, at the time of a 
disclosure, the information is not otherwise reasonably available, or if 
the activity connected with the official duties cannot occur properly 
without the disclosure.
    (3) Internal revenue and TIGTA employees may identify themselves, 
their organizational affiliation (e.g., Internal Revenue Service (IRS), 
Criminal Investigation (CI) or TIGTA, Office of Investigations (OI)), 
and the nature of their investigation, when making an oral, written, or 
electronic contact with a third party witness. Permitted disclosures 
include, but are not limited to, the use and presentation of any 
identification media (such as a Federal agency badge, credential, or 
business card) or the use of an information document request, summons, 
or correspondence on Federal agency letterhead or which bears a return 
address or signature block that reveals affiliation with the Federal 
agency.
    (4) This section does not address or affect the requirements under 
section 7602(c) (relating to contact of third parties).
    (b) Disclosure of return information in connection with certain 
personnel or

[[Page 65]]

claimant representative matters. In connection with official duties 
relating to any investigation concerned with enforcement of any 
provision of the Internal Revenue Code, including enforcement of any 
rule or directive prescribed by the Secretary or the Commissioner of 
Internal Revenue under any provision of the Internal Revenue Code, or 
the enforcement of any provision related to tax administration, that 
affects or may affect the personnel or employment rights or status, or 
civil or criminal liability, of any former, current, or prospective 
employee of the Treasury Department, Bureau of Alcohol, Tobacco, 
Firearms, and Explosives, United States Customs Service, United States 
Secret Service, or any successor agency, or the rights of any person who 
is, or may be, a party to an administrative action or proceeding 
pursuant to 31 U.S.C. 330 (relating to practice before the Treasury 
Department), an internal revenue, TIGTA, or other Federal officer or 
employee who is responsible for investigating such employees and persons 
and is properly in possession of relevant return information is 
authorized to disclose such return information to the extent necessary 
for the purpose of obtaining, verifying, or establishing other 
information which is or may be relevant and material to the 
investigation.
    (c) Definitions. The following definitions apply to this section--
    (1) Disclosure of return information to the extent necessary means a 
disclosure of return information which an internal revenue or TIGTA 
employee, based on the facts and circumstances, at the time of the 
disclosure, reasonably believes is necessary to obtain information to 
perform properly the official duties described by this section, or to 
accomplish properly the activities connected with carrying out those 
official duties. The term necessary in this context does not mean 
essential or indispensable, but rather appropriate and helpful in 
obtaining the information sought. Nor does necessary in this context 
refer to the necessity of conducting an investigation or the 
appropriateness of the means or methods chosen to conduct the 
investigation. Section 6103(k)(6) does not limit or restrict internal 
revenue or TIGTA employees with respect to the decision to initiate or 
the conduct of an investigation. Disclosures under this paragraph 
(c)(1), however, may not be made indiscriminately or solely for the 
benefit of the recipient or as part of a negotiated quid pro quo 
arrangement. This paragraph (c)(1) is illustrated by the following 
examples:

    Example 1. A revenue agent contacts a taxpayer's customer regarding 
the customer's purchases made from the taxpayer during the year under 
investigation. The revenue agent is able to obtain the purchase 
information only by disclosing the taxpayer's identity and the fact of 
the investigation. Depending on the facts and circumstances known to the 
revenue agent at the time of the disclosure, such as the way the 
customer maintains his records, it also may be necessary for the revenue 
agent to inform the customer of the date of the purchases and the types 
of merchandise involved for the customer to find the purchase 
information.
    Example 2. A revenue agent contacts a third party witness to obtain 
copies of invoices of sales made to a taxpayer under examination. The 
third party witness provides copies of the sales invoices in question 
and then asks the revenue agent for the current address of the taxpayer 
because the taxpayer still owes money to the third party witness. The 
revenue agent may not disclose that current address because this 
disclosure would be only for the benefit of the third party witness and 
not necessary to obtain information for the examination.
    Example 3. A revenue agent contacts a third party witness to obtain 
copies of invoices of sales made to a taxpayer under examination. The 
third party witness agrees to provide copies of the sales invoices in 
question only if the revenue agent provides him with the current address 
of the taxpayer because the taxpayer still owes money to the third party 
witness. The revenue agent may not disclose that current address because 
this disclosure would be a negotiated quid pro quo arrangement.

    (2) Disclosure of return information to accomplish properly an 
activity connected with official duties means a disclosure of return 
information to carry out a function associated with official duties 
generally consistent with established practices and procedures. This 
paragraph (c)(2) is illustrated by the following example:

    Example. A taxpayer failed to file an income tax return and pay the 
taxes owed.

[[Page 66]]

After the taxes were assessed and the taxpayer was notified of the 
balance due, a revenue officer filed a notice of federal tax lien and 
then served a notice of levy on the taxpayer's bank. The notices of lien 
and levy contained the taxpayer's name, social security number, amount 
of outstanding liability, and the tax period and type of tax involved. 
The taxpayer's assets were levied to satisfy the tax debt, but it was 
determined that, prior to the levy, the revenue officer failed to issue 
the taxpayer a notice of intent to levy, as required by section 6331, 
and a notice of right to hearing before the levy, as required by section 
6330. The disclosure of the taxpayer's return information in the notice 
of levy is authorized by section 6103(k)(6) despite the revenue 
officer's failure to issue the notice of intent to levy or the notice of 
right to hearing. The ultimate validity of the underlying levy is 
irrelevant to the issue of whether the disclosure was authorized by 
section 6103(k)(6).

    (3) Information not otherwise reasonably available means information 
that an internal revenue or TIGTA employee reasonably believes, under 
the facts and circumstances, at the time of a disclosure, cannot be 
obtained in a sufficiently accurate or probative form, or in a timely 
manner, and without impairing the proper performance of the official 
duties described by this section, without making the disclosure. This 
definition does not require or create the presumption or expectation 
that an internal revenue or TIGTA employee must seek information from a 
taxpayer or authorized representative prior to contacting a third party 
witness in an investigation. Neither the Internal Revenue Code, IRS 
procedures, nor these regulations require repeated contacting of an 
uncooperative taxpayer. Moreover, an internal revenue or TIGTA employee 
may make a disclosure to a third party witness to corroborate 
information provided by a taxpayer. This paragraph (c)(3) is illustrated 
by the following examples:

    Example 1. A revenue agent is conducting an examination of a 
taxpayer. The taxpayer refuses to cooperate or provide any information 
to the revenue agent. Information relating to the taxpayer's examination 
would be information not otherwise reasonably available because of the 
taxpayer's refusal to cooperate and supply any information to the 
revenue agent. The revenue agent may seek information from a third party 
witness.
    Example 2. A special agent is conducting a criminal investigation of 
a taxpayer. The special agent has acquired certain information from the 
taxpayer. Although the special agent has no specific reason to 
disbelieve the taxpayer's information, the special agent contacts 
several third party witnesses to confirm the information. The special 
agent may contact third party witnesses to verify the correctness of the 
information provided by the taxpayer because the IRS is not required to 
rely solely on information provided by a taxpayer, and a special agent 
may take appropriate steps, including disclosures to third party 
witnesses under section 6103(k)(6), to verify independently or 
corroborate information obtained from a taxpayer.

    (4) Internal revenue employee means, for purposes of this section, 
an officer or employee of the IRS or Office of Chief Counsel for the 
IRS, or an officer or employee of a Federal agency responsible for 
administering and enforcing taxes under Chapters 32 (Part III of 
Subchapter D), 51, 52, or 53 of the Internal Revenue Code, or 
investigating tax refund check fraud under 18 U.S.C. 510.
    (5) TIGTA employee means an officer or employee of the Office of 
Treasury Inspector General for Tax Administration.
    (d) Examples. The following examples illustrate the application of 
this section:

    Example 1. A revenue agent is conducting an examination of a 
taxpayer. The taxpayer has been very cooperative and has supplied copies 
of invoices as requested. Some of the taxpayer's invoices show purchases 
that seem excessive in comparison to the size of the taxpayer's 
business. The revenue agent contacts the taxpayer's suppliers for the 
purpose of corroborating the invoices the taxpayer provided. In 
contacting the suppliers, the revenue agent discloses the taxpayer's 
name, the dates of purchase, and the type of merchandise at issue. These 
disclosures are permissible under section 6103(k)(6) because, under the 
facts and circumstances known to the revenue agent at the time of the 
disclosures, the disclosures were necessary to obtain information 
(corroboration of invoices) not otherwise reasonably available because 
suppliers would be the only source available for corroboration of this 
information.
    Example 2. A revenue agent is conducting an examination of a 
taxpayer. The revenue agent asks the taxpayer for business records to 
document the deduction of the cost of goods sold shown on Schedule C of 
the taxpayer's return. The taxpayer will not provide the business 
records to the revenue agent, who contacts a third party witness for 
verification of the amount on the Schedule

[[Page 67]]

C. In the course of the contact, the revenue agent shows the Schedule C 
to the third party witness. This disclosure is not authorized under 
section 6103(k)(6). Section 6103(k)(6) permits disclosure only of return 
information, not the return (including schedules and attachments) 
itself. If necessary, a revenue agent may disclose return information 
extracted from a return when questioning a third party witness. Thus, 
the revenue agent could have extracted the amount of cost of goods sold 
from the Schedule C and disclosed that amount to the third party 
witness.
    Example 3. A special agent is conducting a criminal investigation of 
a taxpayer, a doctor, for tax evasion. Notwithstanding the records 
provided by the taxpayer and the taxpayer's bank, the special agent 
decided to obtain information from the taxpayer's patients to verify 
amounts paid to the taxpayer for his services. Accordingly, the special 
agent sent letters to the taxpayer's patients to verify these amounts. 
In the letters, the agent disclosed that he was a special agent with 
IRS-CI and that he was conducting a criminal investigation of the 
taxpayer. Section 6103(k)(6) permits these disclosures (including the 
special agent disclosing his affiliation with CI and the nature of the 
investigation) to confirm the taxpayer's income. The decision whether to 
verify information already obtained is a matter of investigative 
judgment and is not limited by section 6103(k)(6).
    Example 4. Corporation A requests a private letter ruling (PLR) as 
to the tax consequences of a planned transaction. Corporation A has 
represented that it is in compliance with laws administered by Agency B 
that may relate to the tax consequences of the proposed transaction. 
Further information is needed from Agency B relating to possible tax 
consequences. Under section 6103(k)(6), the IRS may disclose Corporation 
A's return information to Agency B to the extent necessary to obtain 
information from Agency B for the purpose of properly considering the 
tax consequences of the proposed transaction that is the subject of the 
PLR.

    (e) Effective date. This section is applicable on July 11, 2006.

[T.D. 9274, 71 FR 38986, July 11, 2006, as amended by 71 FR 60827, Oct. 
17, 2006; 71 FR 61833, Oct. 19, 2006]



Sec. 301.6103(k)(9)-1  Disclosure of returns and return

information relating to payment of tax by credit card and debit card.

    Officers and employees of the Internal Revenue Service may disclose 
to card issuers, financial institutions, or other persons such return 
information as the Commissioner deems necessary in connection with 
processing credit card and debit card transactions to effectuate payment 
of tax as authorized by Sec. 301.6311-2. Officers and employees of the 
Internal Revenue Service may disclose such return information to such 
persons as the Commissioner deems necessary in connection with billing 
or collection of the amounts charged or debited, including resolution of 
errors relating to the credit card or debit card account as described in 
Sec. 301.6311-2(d).

[T.D. 8969, 66 FR 64742, Dec. 14, 2001]



Sec. 301.6103(l)-1  Disclosure of returns and return information for purposes 

other than tax administration.

    (a) Definition. For purposes of applying the provisions of section 
6103(l) of the Internal Revenue Code, the term agent includes a 
contractor.
    (b) Effective date. This section is applicable January 6, 2004.

[T.D. 9111, 69 FR 507, Jan. 6, 2004]



Sec. 301.6103(l)(2)-1  Disclosure of returns and return information to Pension

Benefit Guaranty Corporation for purposes of research and studies.

    (a) General rule. Pursuant to the provisions of section 6103(l)(2) 
of the Internal Revenue Code and subject to the requirements of 
paragraph (b) of this section, officers and employees of the Internal 
Revenue Service may disclose returns and return information (as defined 
by section 6103(b)) to officers and employees of the Pension Benefit 
Guaranty Corporation for purposes of, but only to the extent necessary 
in, conducting research and studies authorized by title IV of the 
Employee Retirement Income Security Act of 1974.
    (b) Procedures and restrictions. Disclosure of returns or return 
information by officers or employees of the Service as provided by 
paragraph (a) of this section will be made only upon written request to 
the Commissioner of Internal Revenue by the Executive Director of the 
Pension Benefit Guaranty Corporation describing the returns or return 
information to be disclosed, the taxable period or date to which such 
returns or return information relates, and the purpose for which the 
returns

[[Page 68]]

or return information is needed in the administration of title IV of the 
Employee Retirement Income Security Act of 1974, and designating by 
title the officers and employees of such corporation to whom such 
disclosure is authorized. No such officer or employee to whom returns or 
return information is disclosed pursuant to the provisions of paragraph 
(a) shall disclose such returns or return information to any person, 
other than the taxpayer by whom the return was made or to whom the 
return information relates or other officers or employees of such 
corporation whose duties or responsibilities require such disclosure for 
a purpose described in paragraph (a), except in a form which cannot be 
associated with, or otherwise identify, directly or indirectly, a 
particular taxpayer.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65570, Oct. 3, 1980]



Sec. 301.6103(l)(2)-2  Disclosure of returns and return information

to Department of Labor for purposes of research and studies.

    (a) General rule. Pursuant to the provisions of section 6103(l)(2) 
of the Internal Revenue Code and subject to the requirements of 
paragraph (b) of this section, officers or employees of the Internal 
Revenue Service may disclose returns and return information (as defined 
by section 6103(b)) to officers and employees of the Department of Labor 
for purposes of, but only to the extent necessary in, conducting 
research and studies authorized by section 513 of the Employee 
Retirement Income Security Act of 1974.
    (b) Procedures and restrictions. Disclosure of returns or return 
information by officers or employees of the Service as provided by 
paragraph (a) of this section will be made only upon written request to 
the Commissioner of Internal Revenue by the Administrator of the Pension 
and Welfare Benefit Programs of the Department of Labor describing the 
returns or return information to be disclosed, the taxable period or 
date to which such returns or return information relates, and the 
purpose for which the returns or return information is needed in the 
administration of title I of the Employee Retirement Income Security Act 
of 1974, and designating by title the officers and employees of such 
department to whom such disclosure is authorized. No such officer or 
employee to whom returns or return information is disclosed pursuant to 
the provisions of paragraph (a) shall disclose such returns or return 
information to any person, other than the taxpayer by whom the return 
was made or to whom the return information relates or other officers or 
employees of such department whose duties or responsibilities require 
such disclosure for a purpose described in paragraph (a), except in a 
form which cannot be associated with, or otherwise identify, directly or 
indirectly, a particular taxpayer.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65571, Oct. 3, 1980]



Sec. 301.6103(l)(2)-3  Disclosure to Department of Labor and Pension 

Benefit Guaranty Corporation of certain returns and return information.

    (a) Disclosures following general requests. Pursuant to the 
provisions of section 6103(l)(2) of the Internal Revenue Code and 
subject to the requirements of this paragraph, officers or employees of 
the Internal Revenue Service may disclose the following returns and 
return information (as defined by section 6103(b)) to officers and 
employees of the Department of Labor or the Pension Benefit Guaranty 
Corporation for purposes of, but only to the extent necessary in, the 
administration of title I or IV of the Employee Retirement Income 
Security Act of 1974 (hereinafter referred to in this section as the 
Act)--
    (1) Notification of receipt by the Service of an application by a 
particular taxpayer for a determination of whether a pension, profit-
sharing, or stock bonus plan, a trust which is a part of such a plan, or 
an annuity or bond purchase plan meets the applicable requirements of 
part I of subchapter D of chapter 1 of the Code;
    (2) Notification that a particular application described in 
subparagraph (1) of this paragraph alleges that certain

[[Page 69]]

employees may be excluded from participation by reason of section 
410(b)(2) (A) and (B) for the purpose of obtaining the finding necessary 
for the application of such section;
    (3) An application by a particular taxpayer for a determination of 
whether a pension, profit-sharing, or stock bonus plan, or an annuity or 
bond purchase plan, meets the applicable requirements of part I of 
subchapter D of chapter 1 of the Code with respect to a termination or 
proposed termination of the plan or to a partial termination or proposed 
partial termination of the plan, and any statement filed as provided by 
section 6058(b);
    (4) Notification that the Service has determined that a plan or 
trust described in subparagraph (1) or (3) of this paragraph meets or 
does not meet the applicable requirements of part I of subchapter D of 
chapter 1 of the Code and has issued a determination letter to such 
effect to a particular taxpayer or that an application for such a 
determination has been withdrawn by the taxpayer;
    (5) If the Department of Labor or the Pension Benefit Guaranty 
Corporation has commented on an application upon which a determination 
letter described in subparagraph (4) of this paragraph has been issued, 
a copy of the letter or document issued to the applicant;
    (6) Notification to a particular taxpayer that the Service intends 
to disqualify a pension, profit-sharing, or stock bonus plan, a trust 
which is a part of such plan, or an annuity or bond purchase plan 
because such plan or trust does not meet the requirements of section 
410(a) or 411 as of the date that such notification is issued;
    (7) Notification required by section 3002(a) of the Act of the 
commencement of any proceeding to determine whether a particular 
pension, profit-sharing, or stock bonus plan, a trust which is a part of 
such plan, or an annuity or bond purchase plan meets the requirements of 
section 410(a) or 411;
    (8) Prior to issuance of a notice of deficiency to a particular 
taxpayer under section 6212, notification that the Service has 
determined that a deficiency exists under section 6211 with respect to 
the tax imposed by section 4971 (a) or (b) on such taxpayer, except that 
if the Service determines that the collection of such tax is in jeopardy 
within the meaning of section 6861(a), such notification may be 
disclosed after issuance of the notice of deficiency or jeopardy 
assessment;
    (9) Notification of receipt by the Service of, and action taken with 
respect to, an application by or on behalf of a particular taxpayer for 
a waiver of the tax imposed by section 4971 (b);
    (10) Prior to issuance of a notice of deficiency to a particular 
taxpayer under section 6212, notification that a deficiency exists under 
section 6211 with respect to the tax imposed by section 4975 (a) or (b) 
on such taxpayer, except that if the Service determines that the 
collection of such tax is in jeopardy within the meaning of section 
6861(a), such notification may be disclosed after issuance of the notice 
of deficiency or jeopardy assessment;
    (11) Notification that the Service has waived the tax imposed by 
section 4975(b) on a particular taxpayer;
    (12) Notification of applicability of section 4975 to a particular 
pension, profit-sharing, or stock bonus plan, a trust which is a part of 
such plan, or an annuity or stock purchase plan engaged in prohibited 
transactions within the meaning of section 4975(c);
    (13) Notification to a plan administrator that the Service has 
determined that a pension, profit-sharing, stock bonus, annuity, or 
stock purchase plan no longer meets the requirements of section 401(a) 
or 404(a)(2);
    (14) Notification that the Service has determined that there has 
been a termination or partial termination of a particular pension, 
profit-sharing, stock bonus, annuity, or stock purchase plan within the 
meaning of section 411(d)(3);
    (15) Notification of the occurrence of an event (other than an event 
described in subparagraph (13), (14), or (18) of this paragraph) which 
the Service has determined to indicate that a particular pension, 
profit-sharing, stock bonus, annuity, or stock purchase plan may not be 
sound under section 4043(c)(2) of the Act;
    (16) Notification that the Service has received and responded to a 
request on behalf of a particular pension, profit-sharing, or stock 
bonus plan, a trust

[[Page 70]]

which is a part of such plan, or an annuity or stock purchase plan for 
an extension of time for filing an annual return by such plan or trust;
    (17) Notification that the Service has received and responded to a 
request on behalf of a particular pension, profit-sharing, or stock 
bonus plan, a trust which is a part of such plan, or an annuity or stock 
purchase plan to change the annual accounting period of such plan or 
trust;
    (18) Notification that the Service has determined that a particular 
plan does not meet the requirements of section 412 without regard to 
whether such plan is one described in section 4021(a)(2) of the Act;
    (19) Notification of the results of an investigation by the Service 
requested by the Department of Labor or the Pension Benefit Guaranty 
Corporation, or both, with respect to whether the tax described in 
section 4971 should be imposed on any employer named in such request or 
whether the tax imposed by section 4975 should be paid by any person 
named in the request;
    (20) Notification of receipt by the Service of an application by a 
particular taxpayer for exemption under section 4975(c)(2) or of 
initiation by the Service of an administrative proceeding for such 
exemption;
    (21) Notification of receipt by the Service of, and action taken 
with respect to, an application by or on behalf of a particular taxpayer 
for a waiver or variance of the minimum funding standard under section 
303 of the Act or section 412(d);
    (22) Notification that the Service intends to undertake, is 
undertaking, or has completed, an examination to determine whether--
    (i) A particular pension, profit-sharing, or stock bonus plan, a 
trust which is a part of such plan, or an annuity or stock purchase plan 
meets the applicable requirements of part I of subchapter D of chapter 1 
of the Code,
    (ii) Any particular person is, or may be, liable for any tax imposed 
by section 4971 or 4975, or
    (iii) A particular employee welfare benefit plan, as defined in 
section 3(1) of the Act, meets the applicable requirements of section 
501(c) or 120, together with any completed Department of Labor or 
Pension Benefit Guaranty Corporation form (and supplemental schedules) 
relating to such examination;
    (23) Copies of initial pleadings indicating that the Service intends 
to intervene in a civil action under section 502(h) of the Act;
    (24) Notification of receipt by the Service of a request for 
technical advice as to whether a particular pension, profit-sharing, or 
stock bonus plan, a trust which is a part of such plan, or an annuity or 
bond purchase plan should be disqualified because of fiduciary actions 
subject to part 4 of subtitle B of title I of the Act which may violate 
the exclusive benefit rule of section 401(a);
    (25) Notification of receipt by the National Office of the Service 
of a request by or on behalf of a particular taxpayer for a ruling, 
opinion, variance, or waiver under any provision of title I of the Act 
and a copy of any such ruling, opinion, variance or waiver;
    (26) Notification that the Service proposes to take substantive 
action which would significantly impact on or substantially affect 
collectively bargained plans and a description of such proposed 
substantive action; and
    (27) Notification of receipt by the Service of, and action taken 
with respect to, a request by a particular taxpayer for a ruling under 
section 412(c)(8), 412(e), or 412(f).

Return information disclosed under this paragraph includes the taxpayer 
identity information (as defined in section 6103(b)(6)) of the plan or 
trust, the name and address of the sponsor and administrator of the plan 
or trustee of the trust, and the name and address of the person 
authorized to represent the plan or trust before the Service. Disclosure 
of returns or return information as provided by this paragraph will be 
made only following receipt by the Commissioner of Internal Revenue or 
his delegate of an annual written request for such disclosure by the 
Secretary of Labor or his delegate or the Executive Director of the 
Pension Benefit Guaranty Corporation or his delegate describing the 
categories of returns or return information to be disclosed by the 
Service and the particular purpose for which the returns or return 
information is needed in the

[[Page 71]]

administration of title I or IV of the Act, and designating by title the 
officers and employees of the Department of Labor or such corporation to 
whom such disclosure is authorized.
    (b) Additional returns and return information subject to 
disclosure--(1) Returns and return information relating to automatic 
notification. (i) Subject to the requirements of subparagraph (3)(i) of 
this paragraph, officers or employees of the Service may disclose to 
officers and employees of the Department of Labor or the Pension Benefit 
Guaranty Corporation for purposes of, but only to the extent necessary 
in, the administration of title I or IV of the Act additional return and 
return information relating to any item described in paragraph (a) of 
this section.
    (ii) Subject to the requirements of subparagraph (3)(ii) of this 
paragraph, in connection with the disclosure of any item as provided by 
paragraph (a) of this section, officers and employees of the Service may 
disclose to officers and employees of the Department of Labor or the 
Pension Benefit Guaranty Corporation such additional returns and return 
information relating to such item as the Service determines are or may 
be necessary in the administration of title I or IV of the Act.
    (2) Other returns and return information. Subject to the 
requirements of subparagraph (3)(i) of this paragraph, officers or 
employees of the Service may disclose to officers and employees of the 
Department of Labor or the Pension Benefit Guaranty Corporation returns 
and return information (other than returns and return information 
disclosed as provided by paragraph (a) of this section or Sec. 
301.6103(l)(2)-1 or Sec. 301.6103(l)(2)-2 for purposes of, but only to 
the extent necessary in, administration of title I or IV of the Act.
    (3) Procedures. (i) Disclosure of returns or return information by 
officers or employees of the Service as provided by subparagraph (1)(i) 
or (2) of this paragraph will be made only following receipt by the 
Commissioner of Internal Revenue or his delegate of a written request 
for such disclosure by the Secretary of Labor or his delegate or the 
Executive Director of the Pension Benefit Guaranty Corporation or his 
delegate identifying the particular taxpayer by whom such return was 
made or to whom such return information relates, describing the 
particular returns or return information to be disclosed, stating the 
purpose for which the returns or return information is needed in the 
administration of title I or IV of the Act, and designating by title the 
officers and employees of such department or corporation to whom such 
disclosure is authorized.
    (ii) Disclosure of returns or return information by officers or 
employees of the Service as provided by subparagraph (1)(ii) of this 
paragraph will be made only following receipt by the Commissioner of 
Internal Revenue or his delegate of an annual written request for such 
disclosure by the Secretary of Labor or his delegate or the Executive 
Director of the Pension Benefit Guaranty Corporation or his delegate 
stating the purpose for which the returns or return information is 
needed in the administration of title I or IV of the Act, and 
designating by title the officers and employees of such department or 
corporation to whom such disclosure is authorized.
    (c) Disclosure and use of returns and return information by officers 
and employees of Department of Labor, Pension Benefit Guaranty 
Corporation, and Department of Justice--(1) Use by officers and 
employees of Department of Labor and Pension Benefit Guaranty 
Corporation. Returns and return information disclosed to officers and 
employees of the Department of Labor and the Pension Benefit Guaranty 
Corporation as provided by this section may be used by such officers and 
employees for purposes of, but only to the extent necessary in, 
administration of any provision of title I or IV of the Act, including 
any preparation for any administrative or judicial proceeding (or 
investigation which may result in such a proceeding) authorized by, or 
described in, title I or IV of the Act.
    (2) Disclosure by officers and employees of Department of Labor and 
Pension Benefit Guaranty Corporation to, and use by, other persons, 
including officers and employees of the Department of Justice. (i) 
Returns and return information disclosed to officers and employees of 
the Department of Labor or the Pension

[[Page 72]]

Benefit Guaranty Corporation as provided by this section may be 
disclosed by such officers and employees to officers and employees of 
the Department of Justice (including United States attorneys) personally 
and directly engaged in, and for their necessary use in, any Federal 
grand jury proceeding, or preparation for any civil or criminal judicial 
proceeding (or for their necessary use in an investigation which may 
result in such a proceeding), authorized by, or described in, title I or 
IV of the Act.
    (ii) Returns and return information disclosed to officers and 
employees of the Department of Labor, the Pension Benefit Guaranty 
Corporation, and the Department of Justice as provided by this section 
may be disclosed by such officers and employees to other persons, 
including, but not limited to, persons described in subparagraph 
(2)(iii) of this paragraph, but only to the extent necessary in 
connection with administration of the provisions of title I or IV of the 
Act, including a Federal grand jury proceeding, and proper preparation 
for a proceeding (or investigation), described in subparagraph (1) or 
(2)(i). Such disclosures may include, but are not limited to, 
disclosures where necessary--
    (A) To properly obtain the services of persons having special 
knowledge or technical skills;
    (B) To properly interview, consult, depose, or interrogate or 
otherwise obtain relevant information from the taxpayer to whom such 
return or return information relates (or the legal representative of 
such taxpayer) or any witness who may be called to give evidence in the 
proceeding; or
    (C) To properly conduct negotiations concerning, or obtain 
authorization for, settlement or disposition of the proceeding, in whole 
or in part, or stipulations of fact in connection with the proceeding.

Disclosure of a return or return information to a person other than the 
taxpayer to whom such return or return information relates (or the legal 
representative of such taxpayer) to properly accomplish any purpose or 
activity described in this subparagraph should be made, however, only if 
such purpose or activity cannot otherwise properly be accomplished 
without making such disclosure.
    (iii) Among those persons to whom returns and return information may 
be disclosed by officers and employees of the Department of Labor, the 
Pension Benefit Guaranty Corporation, and the Department of Justice as 
provided by subparagraph (2)(ii) of this paragraph are:
    (A) Other officers and employees of the Department of Labor, the 
Pension Benefit Guaranty Corporation, and the Department of Justice;
    (B) Officers and employees of another Federal agency (as defined in 
section 6103(b)(9)) working under the direction and control of such 
officers and employees of the Department of Labor, the Pension Benefit 
Guaranty Corporation, or the Department of Justice; and
    (C) Court reporters.

Disclosure of returns or return information to other persons by officers 
and employees of the Department of Labor or the Pension Benefit Guaranty 
Corporation as provided by subparagraph (2)(ii) of this paragraph for 
purposes of conducting research, surveys, studies, and publications 
referred to in section 513(a), or authorized by title IV, of the Act 
shall be restricted, however, to disclosure to other officers and 
employees of such department or corporation to whom such disclosure is 
necessary in connection with such conduct or to the taxpayer by whom 
such return was made or to whom such return information relates if the 
return or return information can be associated with, or otherwise 
identify, directly or indirectly, a particular taxpayer.
    (3) Disclosure in judicial proceedings. A return or return 
information disclosed to officers and employees of the Department of 
Labor, the Pension Benefit Guaranty Corporation, or the Department of 
Justice as provided by this section may be entered into evidence by such 
officers or employees in a civil or criminal judicial proceeding 
authorized by, or described in, title I or IV of the Act, provided that, 
in the case of a judicial proceeding described in section 6103(i)(4), 
the requirements of section 6103(i)(4) have first been met.
    (d) Disclosure of returns and return information in connection with 
certain consultations between Departments of the

[[Page 73]]

Treasury and Labor. Upon general written request to the Commissioner of 
Internal Revenue by the Secretary of Labor, officers and employees of 
the Service may disclose to officers and employees of the Department of 
Labor such returns and return information as may be necessary to 
properly carry out any consultation required by section 3002, 3003, or 
3004 of the Act.
    (e) Return information open to public inspection under section 6104. 
Nothing in these regulations shall be construed to deny officers and 
employees of the Department of Labor and the Pension Benefit Guaranty 
Corporation the right to inspect return information available to the 
public under section 6104 of the Code.

(Secs. 6103 and 7805 of the Internal Revenue Code of 1954 (90 Stat. 
1667, 1685, 68A Stat. 917; 26 U.S.C. 6103 and 7805))

[T.D. 7723, 45 FR 65571, Oct. 3, 1980, as amended by T.D. 7757, 46 FR 
6930, Jan. 22, 1981; T.D. 7911, 48 FR 40377, Sept. 7, 1983]



Sec. 301.6103(l)(14)-1  Disclosure of return information to United States Customs Service.

    (a) General rule. Pursuant to the provisions of section 6103(l)(14) 
of the Internal Revenue Code, officers and employees of the Internal 
Revenue Service may disclose to officers and employees of the United 
States Customs Service return information (as defined by section 
6103(b)) with respect to taxes imposed by chapters 1 and 6 of the 
Internal Revenue Code solely for purposes of, and only to the extent 
necessary in--
    (1) Ascertaining the correctness of any entry in audits as provided 
for in section 509 of the Tariff Act of 1930 or;
    (2) Other actions to recover any loss of revenue, or to collect 
duties, taxes, and fees, determined to be due and owing pursuant to such 
audits.
    (b) Procedures. Disclosure of return information by officers or 
employees of the Internal Revenue Service as provided by paragraph (a) 
of this section will be made only following receipt by the Internal 
Revenue Service of a written request for the disclosure by the 
Commissioner of the U.S. Customs Service identifying--
    (1) The particular items of return information to be disclosed;
    (2) The particular taxpayer to whom the return information relates;
    (3) The taxable period or date to which the return information 
relates;
    (4) The particular purpose for which each item of return information 
is needed, including an explanation as to how the requested information 
is necessary to accomplish that purpose. In addition, the request must 
designate by title the officers and employees of the Customs Service to 
whom the disclosure is authorized and certify that the Customs Service 
has initiated or intends to initiate, under section 509 of the Tariff 
Act of 1930, an audit of each taxpayer for whom return information is 
requested or that the taxpayer has a transactional or ownership 
relationship with the subject of such an audit.
    (c) Return information subject to disclosure. Any return information 
requested must be necessary to a Customs determination of the 
correctness of any entry in audits conducted under section 509 of the 
Tariff Act of 1930. Taxpayers as to whom return information is requested 
must either be the subject of a Customs audit (or intended audit) or 
have a transactional or ownership relationship with the subject of a 
Customs audit. Requested information must relate to the declared value, 
classification or rate of duty applicable to entered merchandise. 
Requested information may also include any adjustment by the IRS to the 
items of return information described by this paragraph.
    (d) Return information not subject to disclosure. The following 
return information may not be requested or disclosed pursuant to section 
6103(l)(14) of the Internal Revenue Code: any Advance Pricing Agreement 
or information submitted to or generated by the IRS as part of the 
negotiation process for an Advance Pricing Agreement, or any information 
to the extent its disclosure would be inconsistent with a tax treaty or 
executive agreement with respect to which the United States is a party.
    (e) Impairment of tax administration. Return information with 
respect to a

[[Page 74]]

taxpayer may not be disclosed pursuant to this section if the IRS 
determines that the disclosure would identify a confidential informant 
or seriously impair any civil or criminal tax investigation or 
proceeding.
    (f) Use by Customs Service. Return information disclosed under this 
section may be used by the U.S. Customs Service to the extent necessary 
to ascertain or to document the correctness of any entry in audits as 
provided for in section 509 of the Tariff Act of 1930 and in any related 
administrative proceedings to recover any loss of revenue, or to collect 
duties, taxes or fees, determined to be due and owing pursuant to these 
audits. Uses may include, to the extent necessary, disclosure to the 
importer (or the legal representative of such importer) subject to the 
audit with respect to which the information was requested.
    (g) Disclosure to, and use by, the Department of Justice. Return 
information disclosed to officers and employees of the U.S. Customs 
Service as provided by this section may be disclosed by these officers 
and employees to officers and employees of the Department of Justice 
(including United States attorneys) personally and directly engaged in, 
and solely for their necessary use in, advocating or defending the 
correctness of Customs determinations with respect to any entry, in any 
civil judicial proceeding, or any preparations therefor (or for their 
necessary use in an investigation which may result in such a 
proceeding), to recover any loss of revenue, or to collect duties, taxes 
or fees, determined to be due and owing as a consequence of an audit 
provided for in section 509 of the Tariff Act of 1930.
    (h) Disclosure by officers and employees of the Department of 
Justice. Return information disclosed to officers and employees of the 
Department of Justice (including United States Attorneys) as provided by 
this section may be disclosed by these officers and employees to other 
persons as is necessary to properly accomplish the purposes or 
activities described in paragraph (g). Disclosure of return information 
to a person, other than the importer (or the legal representative of the 
importer) subject to the audit with respect to which the information was 
originally requested, to properly accomplish any purpose or activity 
described in paragraph (g) may be made, however, only if the purpose or 
activity cannot otherwise properly be accomplished without making the 
disclosure. Disclosures may include, but are not limited to, disclosures 
where necessary--
    (1) To properly obtain the services of persons having special 
knowledge or technical skills;
    (2) To properly interview, consult, depose, or interrogate or 
otherwise obtain relevant information from, the taxpayer (or the legal 
representative of the taxpayer) to whom the return information relates 
or any witness who may be called to give evidence in the proceeding; or
    (3) To properly conduct negotiations concerning, or obtain 
authorization for, settlement or disposition of the proceeding, in whole 
or in part, or stipulations of fact in connection with the proceeding.
    (i) Use in criminal judicial proceedings. Return information 
disclosed pursuant to this section may not be used in any criminal 
judicial proceeding, or any preparations therefor (or in a criminal 
investigation which may result in such a proceeding), involving the 
enforcement of a criminal statute, without compliance with the 
requirements of section 6103(i) (1) or (2) as appropriate. However, the 
return information may in any event be used for purposes of complying 
with the requirements of section 6103(i).
    (j) Restrictions. Return information disclosed to officers and 
employees of the U.S. Customs Service or to the Department of Justice as 
provided by this section may not be used or disclosed for any purpose 
other than to ascertain, or advocate or defend the correctness of, 
Customs determinations with respect to, any entry in the audits for 
which the information was requested or in certain actions resulting from 
the audits as described above. Return information disclosed to officers 
and employees of the U.S. Customs Service or to the Department of 
Justice as provided by this section may not be disclosed to any person, 
including any contractor of the U.S. Customs Service, except as provided 
by this section,

[[Page 75]]

or as otherwise provided by section 6103 of the Internal Revenue Code.

[T.D. 8527, 59 FR 11548, Mar. 11, 1994. Redesignated by T.D. 8694, 61 FR 
66220, Dec. 17, 1996]



Sec. 301.6103(m)-1  Disclosure of taxpayer identity information.

    (a) Definition. For purposes of applying the provisions of section 
6103(m) of the Internal Revenue Code, the term agent includes a 
contractor.
    (b) Effective date. This section is applicable January 6, 2004.

[T.D. 9111, 69 FR 507, Jan. 6, 2004]



Sec. 301.6103(n)-1  Disclosure of returns and return information in connection with written 

contracts or agreements for the acquisition of property or services 
          for tax administration purposes.

    (a) General rule. (1) Pursuant to the provisions of section 6103(n) 
of the Internal Revenue Code and subject to the conditions of this 
section, officers and employees of the Treasury Department, a State tax 
agency, the Social Security Administration, or the Department of 
Justice, are authorized to disclose returns and return information (as 
defined in section 6103(b)) to any person (including, in the case of the 
Treasury Department, any person described in section 7513(a)), or to an 
officer or employee of the person, for purposes of tax administration 
(as defined in section 6103(b)(4)), to the extent necessary in 
connection with a written contract or agreement for the acquisition of--
    (i) Equipment or other property; or
    (ii) Services relating to the processing, storage, transmission, or 
reproduction of returns or return information, the programming, 
maintenance, repair, or testing of equipment or other property, or the 
providing of other services.
    (2) Any person, or officer or employee of the person, who receives 
returns or return information under paragraph (a)(1) of this section, 
may--
    (i) Further disclose the returns or return information to another 
officer or employee of the person whose duties or responsibilities 
require the returns or return information for a purpose described in 
this paragraph (a); or
    (ii) Further disclose the returns or return information, when 
authorized in writing by the Internal Revenue Service (IRS), to the 
extent necessary to carry out the purposes described in this paragraph 
(a). Disclosures may include disclosures to an agent or subcontractor of 
the person, or officer or employee of the agent or subcontractor.
    (3) An agent or subcontractor, or officer or employee of the agent 
or subcontractor, who receives returns or return information under 
paragraph (a)(2)(ii) of this section, may further disclose the returns 
or return information to another officer or employee of the agent or 
subcontractor whose duties or responsibilities require the returns or 
return information for a purpose described in this paragraph (a).
    (4) Any person, or officer, employee, agent or subcontractor of the 
person, or officer or employee of the agent or subcontractor, who 
receives returns or return information under this paragraph (a), may, 
subject to the provisions of Sec. 301.6103(p)(2)(B)-1 (concerning 
disclosures by a Federal, State, or local agency, or its agents or 
contractors), further disclose the returns or return information for a 
purpose authorized, and subject to all applicable conditions imposed, by 
section 6103.
    (b) Limitations. (1) Disclosure of returns or return information in 
connection with a written contract or agreement for the acquisition of 
property or services described in paragraph (a) of this section will be 
treated as necessary only if the performance of the contract or 
agreement cannot otherwise be reasonably, properly, or economically 
carried out without the disclosure.
    (2) Disclosure of returns or return information in connection with a 
written contract or agreement for the acquisition of property or 
services described in paragraph (a) of this section shall be made only 
to the extent necessary to reasonably, properly, or economically perform 
the contract. For example, disclosure of returns or return information 
to employees of a contractor for purposes of programming, maintaining, 
repairing, or testing computer equipment used by the IRS or a State tax 
agency shall be made only if the services cannot be reasonably, 
properly, or

[[Page 76]]

economically performed without the disclosure. If it is determined that 
disclosure of returns or return information is necessary, and if the 
services can be reasonably, properly, or economically performed by 
disclosure of only parts or portions of a return or if deletion of 
taxpayer identity information (as defined in section 6103(b)(6)) 
reflected on a return would not seriously impair the ability of the 
employees to perform the services, then only the parts or portions of 
the return, or only the return with taxpayer identity information 
deleted, may be disclosed.
    (c) Penalties. Any person, or officer, employee, agent or 
subcontractor of the person, or officer or employee of the agent or 
subcontractor, who receives returns or return information under 
paragraph (a) of this section, is subject to the civil and criminal 
penalty provisions of sections 7431, 7213, and 7213A for the 
unauthorized inspection or disclosure of the returns or return 
information.
    (d) Notification requirements. Any person, or agent or subcontractor 
of the person, who receives returns or return information under 
paragraph (a) of this section shall provide written notice to his, her, 
or its officers and employees receiving the returns or return 
information that--
    (1) Returns or return information disclosed to the officer or 
employee may be used only for a purpose and to the extent authorized by 
paragraph (a) of this section and that the officer or employee is 
subject to the civil and criminal penalty provisions of sections 7431, 
7213, and 7213A for the unauthorized inspection or disclosure of the 
returns or return information;
    (2) Further inspection of any returns or return information for a 
purpose or to an extent not authorized by paragraph (a) of this section 
constitutes a misdemeanor, punishable upon conviction by a fine of as 
much as $1,000, or imprisonment for as long as 1 year, or both, together 
with costs of prosecution;
    (3) Further disclosure of any returns or return information for a 
purpose or to an extent not authorized by paragraph (a) of this section 
constitutes a felony, punishable upon conviction by a fine of as much as 
$5,000, or imprisonment for as long as 5 years, or both, together with 
the costs of prosecution;
    (4) Further inspection or disclosure of returns or return 
information by any person who is not an officer or employee of the 
United States for a purpose or to an extent not authorized by paragraph 
(a) of this section may result also in an award of civil damages against 
that person in an amount not less than $1,000 for each act of 
unauthorized inspection or disclosure; or the sum of actual damages 
sustained by the plaintiff as a result of the unauthorized inspection or 
disclosure plus, in the case of a willful inspection or disclosure or an 
inspection or disclosure that is the result of gross negligence, 
punitive damages. In addition, costs and reasonable attorneys fees may 
be awarded; and
    (5) A conviction for an offense referenced in paragraph (d)(2) or 
(3) of this section shall, in addition to any other punishment, result 
in dismissal from office or discharge from employment if the person 
convicted is an officer or employee of the United States.
    (e) Safeguards. (1) Any person, or agent or subcontractor of the 
person, who may receive returns or return information under paragraph 
(a) of this section, shall agree, before disclosure of any returns or 
return information to the person, agent, or subcontractor, to permit an 
inspection by the IRS of his, her, or its site or facilities.
    (2) Any person, or officer, employee, agent or subcontractor of the 
person, or officer or employee of the agent or subcontractor, who 
receives returns or return information under paragraph (a) of this 
section, shall comply with all applicable conditions and requirements as 
the IRS may prescribe from time to time (prescribed requirements) for 
the purposes of protecting the confidentiality of returns and return 
information and preventing any disclosure or inspection of returns or 
return information in a manner not authorized by this section.
    (3) The terms of any written contract or agreement for the 
acquisition of property or services as described in paragraph (a) of 
this section shall provide, or shall be amended to provide, that any 
person, or officer, employee, agent or subcontractor of the person,

[[Page 77]]

or officer or employee of the agent or subcontractor, who receives 
returns or return information under paragraph (a) of this section, shall 
comply with the prescribed requirements. Any contract or agreement shall 
be made available to the IRS before execution of the contract or 
agreement. For purposes of this paragraph (e)(3), a written contract or 
agreement shall include any contract or agreement between a person and 
an agent or subcontractor of the person to provide the property or 
services described in paragraph (a) of this section.
    (4) If the IRS determines that any person, or officer, employee, 
agent or subcontractor of the person, or officer or employee of the 
agent or subcontractor, who receives returns or return information under 
paragraph (a) of this section, has failed to, or does not, satisfy the 
prescribed requirements, the IRS, consistent with the regulations under 
section 6103(p)(7), may take any actions it deems necessary to ensure 
that the prescribed requirements are or will be satisfied, including--
    (i) Suspension of further disclosures of returns or return 
information by the IRS to the State tax agency, the Social Security 
Administration, or the Department of Justice, until the IRS determines 
that the conditions and requirements have been or will be satisfied;
    (ii) Suspension of further disclosures by the Treasury Department 
otherwise authorized by paragraph (a) of this section; and
    (iii) Suspension or termination of any duty or obligation arising 
under a contract or agreement with the Treasury Department.
    (f) Definitions. For purposes of this section--
    (1) The term Treasury Department includes the IRS, the Office of the 
Chief Counsel for the IRS, and the Office of the Treasury Inspector 
General for Tax Administration;
    (2) The term State tax agency means an agency, body, or commission 
described in section 6103(d); and
    (3) The term Department of Justice includes offices of the United 
States Attorneys.
    (g) Effective date. This section is applicable on June 5, 2007.

[T.D. 9327, 72 FR 30976, June 5, 2007]



Sec. 301.6103(n)-2  Disclosure of return information in connection with written 

contracts among the IRS, whistleblowers, and legal representatives of 
          whistleblowers.

    (a) General rule. (1) Pursuant to the provisions of sections 6103(n) 
and 7623 of the Internal Revenue Code and subject to the conditions of 
this section, an officer or employee of the Treasury Department is 
authorized to disclose return information (as defined in section 
6103(b)(2)) to a whistleblower and, if applicable, the legal 
representative of the whistleblower, to the extent necessary in 
connection with a written contract among the Internal Revenue Service 
(IRS), the whistleblower and, if applicable, the legal representative of 
the whistleblower, for services relating to the detection of violations 
of the internal revenue laws or related statutes.
    (2) The IRS shall have the discretion to determine whether to enter 
into a written contract pursuant to section 7623 with the whistleblower 
and, if applicable, the legal representative of the whistleblower, for 
services described in paragraph (a)(1) of this section.
    (b) Limitations. (1) Disclosure of return information in connection 
with a written contract for services described in paragraph (a)(1) of 
this section shall be made only to the extent the IRS deems it necessary 
in connection with the reasonable or proper performance of the contract. 
Disclosures may include, but are not limited to, disclosures to 
accomplish properly any purpose or activity of the nature described in 
section 6103(k)(6) and the regulations thereunder.
    (2) If the IRS determines that the services of a whistleblower and, 
if applicable, the legal representative of the whistleblower, as 
described in paragraph (a)(1) of this section, can be performed 
reasonably or properly by disclosure of only parts or portions of return 
information, then only the parts or portions of the return information 
shall be disclosed.
    (3) Upon written request by a whistleblower, or a legal 
representative of a whistleblower, with whom the IRS has

[[Page 78]]

entered into a written contract for services as described in paragraph 
(a)(1) of this section, the Director of the Whistleblower Office, or 
designee of the Director, may inform the whistleblower and, if 
applicable, the legal representative of the whistleblower, of the status 
of the whistleblower's claim for award under section 7623, including 
whether the claim is being evaluated for potential investigative action, 
or is pending due to an ongoing examination, appeal, collection action, 
or litigation. The information may be disclosed only if the IRS 
determines that the disclosure would not seriously impair Federal tax 
administration.
    (4) Return information disclosed to a whistleblower and, if 
applicable, a legal representative of a whistleblower, under this 
section, shall not be further disclosed or otherwise used by the 
whistleblower or a legal representative of a whistleblower, except as 
expressly authorized in writing by the IRS.
    (c) Penalties. Any whistleblower, or legal representative of a 
whistleblower, who receives return information under this section, is 
subject to the civil and criminal penalty provisions of sections 7431, 
7213, and 7213A for the unauthorized inspection or disclosure of the 
return information.
    (d) Safeguards. (1) Any whistleblower, or the legal representative 
of a whistleblower, who receives return information under this section, 
shall comply with all applicable conditions and requirements as the IRS 
may prescribe from time to time for the purposes of protecting the 
confidentiality of the return information and preventing any disclosure 
or inspection of the return information in a manner not authorized by 
this section (prescribed requirements).
    (2) Any written contract for services as described in paragraph 
(a)(1) of this section shall provide that any whistleblower and, if 
applicable, the legal representative of a whistleblower, who has access 
to return information under this section, shall comply with the 
prescribed requirements.
    (3) Any whistleblower, or the legal representative of a 
whistleblower, who may receive return information under this section, 
shall agree in writing, before any disclosure of return information is 
made, to permit an inspection of the whistleblower's or the legal 
representative's premises by the IRS relative to the maintenance of the 
return information disclosed under these regulations and, upon 
completion of services as described in the written contract with the 
IRS, to dispose of all return information by returning the return 
information, including any and all copies or notes made, to the IRS, or 
to the extent that it cannot be returned, by destroying the information 
in a manner consistent with prescribed requirements.
    (4) If the IRS determines that any whistleblower, or the legal 
representative of a whistleblower, who has access to return information 
under this section, has failed to, or does not, satisfy the prescribed 
requirements, the IRS, using the procedures described in the regulations 
under section 6103(p)(7), may take any action it deems necessary to 
ensure that the prescribed requirements are or will be satisfied, 
including--
    (i) Suspension of further disclosures of return information by the 
IRS to the whistleblower and, if applicable, the legal representative of 
the whistleblower, until the IRS determines that the conditions and 
requirements have been or will be satisfied; and
    (ii) Suspension or termination of any duty or obligation arising 
under the contract with the IRS.
    (e) Definitions. For purposes of this section--
    (1) The term Treasury Department includes the IRS and the Office of 
the Chief Counsel for the IRS.
    (2) The term whistleblower means an individual who provides 
information to the IRS regarding violations of the tax laws or related 
statutes and submits a claim for an award under section 7623 with 
respect to the information.
    (3) The term legal representative means any individual who is a 
member in good standing in the bar of the highest court of any state, 
possession, territory, commonwealth, or the District of Columbia, and 
who has a written power of attorney executed by the whistleblower.
    (f) Effective/applicability date. This section is applicable on 
March 15, 2011.

[T.D. 9516, 76 FR 13882, Mar. 15, 2011]

[[Page 79]]



Sec. 301.6103(p)(2)(B)-1  Disclosure of returns and return information by other agencies.

    (a) General rule. Subject to the requirements of paragraphs (b), 
(c), and (d) of this section, returns or return information that have 
been obtained by a Federal, state or local agency, or its agents or 
contractors, in accordance with section 6103 (the first recipient) may 
be disclosed by the first recipient to another recipient authorized to 
receive such returns or return information under section 6103 (the 
second recipient).
    (b) Approval by Commissioner. A disclosure described in paragraph 
(a) of this section may be made if the Commissioner of Internal Revenue 
(the Commissioner) determines, after receiving a written request under 
this section, that such returns or return information are more readily 
available from the first recipient than from the Internal Revenue 
Service (IRS). The disclosure authorization by the Commissioner shall be 
directed to the head of the first recipient and may contain such 
conditions or restrictions as the Commissioner may prescribe. The 
disclosure authorization may be revoked by the Commissioner at any time.
    (c) Requirements and restrictions. The second recipient may receive 
only returns or return information as authorized by the provision of 
section 6103 applicable to such second recipient. Any returns or return 
information disclosed may be used by the second recipient only for a 
purpose authorized by and subject to any conditions imposed by section 
6103 and the regulations thereunder, including, if applicable, 
safeguards imposed by section 6103(p)(4).
    (d) Records and reports of disclosure. The first recipient shall 
maintain to the satisfaction of the IRS a permanent system of 
standardized records regarding such disclosure authorization described 
in paragraph (a) of this section and any disclosure of returns and 
return information made pursuant to such authorization, and shall 
provide such information as prescribed by the Commissioner in order to 
enable the IRS to comply with its obligations under section 6103(p)(3) 
to keep accountings for disclosures and to make annual reports of 
disclosures to the Joint Committee on Taxation. The information required 
for reports to the Joint Committee on Taxation must be provided within 
30 days after the close of each calendar year. The requirements of this 
paragraph do not apply to the disclosure of returns and return 
information as provided by paragraph (a) of this section which, had such 
disclosures been made directly by the IRS, would not have been subject 
to the recordkeeping requirements imposed by section 6103(p)(3)(A).
    (e) Effective date. This section is applicable on January 21, 2003.

[T.D. 9036, 68 FR 2696, Jan. 21, 2003]



Sec. 301.6103(p)(4)-1  Procedures relating to safeguards for returns or return information.

    For security guidelines and other safeguards for protecting returns 
and return information, see guidance published by the Internal Revenue 
Service. For procedures for administrative review of a determination 
that an authorized recipient has failed to safeguard returns or return 
information, see Sec. 301.6103(p)(7)-1.

[T.D. 9445, 74 FR 6830, Feb. 11, 2009]



Sec. 301.6103(p)(7)-1  Procedures for administrative review of a determination that 

an authorized recipient has failed to safeguard returns or return 
          information.

    (a) In general. Notwithstanding any section of the Internal Revenue 
Code (Code), the Internal Revenue Service (IRS) may terminate or suspend 
disclosure of returns and return information to any authorized recipient 
specified in section (p)(4) of section 6103, if the IRS determines that:
    (1) The authorized recipient has allowed an unauthorized inspection 
or disclosure of returns or return information and that the authorized 
recipient has not taken adequate corrective action to prevent the 
recurrence of an unauthorized inspection or disclosure; or
    (2) The authorized recipient does not satisfactorily maintain the 
safeguards prescribed by section 6103(p)(4), and has made no adequate 
plan to improve its system to maintain the safeguards satisfactorily.

[[Page 80]]

    (b) Notice of IRS's intention to terminate or suspend disclosure. 
Prior to terminating or suspending authorized disclosures, the IRS will 
notify the authorized recipient in writing of the IRS's preliminary 
determination and of the IRS's intention to discontinue disclosure of 
returns and return information to the authorized recipient. Upon so 
notifying the authorized recipient, the IRS, if it determines that tax 
administration otherwise would be seriously impaired, may suspend 
further disclosures of returns and return information to the authorized 
recipient pending a final determination by the Commissioner or a Deputy 
Commissioner described in paragraph (d)(2) of this section.
    (c) Authorized recipient's right to appeal. An authorized recipient 
shall have 30 days from the date of receipt of a notice described in 
paragraph (b) of this section to appeal the preliminary determination 
described in paragraph (b) of this section. The appeal shall be made 
directly to the Commissioner.
    (d) Procedures for administrative review. (1) To appeal a 
preliminary determination described in paragraph (b) of this section, 
the authorized recipient shall send a written request for a conference 
to: Commissioner of Internal Revenue (Attention: SE:S:CLD:GLD), 1111 
Constitution Avenue, NW., Washington, DC 20224. The request must include 
a complete description of the authorized recipient's present system of 
safeguarding returns or return information received by the authorized 
recipient (and its authorized contractors or agents, if any). The 
request must state the reason or reasons the authorized recipient 
believes that such system or practice (including improvements, if any, 
to such system or practice expected to be made in the near future) is or 
will be adequate to safeguard returns or return information.
    (2) Within 45 days of the receipt of the request made in accordance 
with the provisions of paragraph (d)(1) of this section, the 
Commissioner or Deputy Commissioner personally shall hold a conference 
with representatives of the authorized recipient, after which the 
Commissioner or Deputy Commissioner shall make a final determination 
with respect to the appeal.
    (e) Effective/applicability date. This section applies to all 
authorized recipients of returns and return information that are subject 
to the safeguard requirements set forth in section 6103(p)(4) on or 
after February 11, 2009.

[T.D. 9445, 74 FR 6830, Feb. 11, 2009]



Sec. 301.6104(a)-1  Public inspection of material relating to tax-exempt organizations.

    (a) Application for tax exemption and supporting documents. If the 
Internal Revenue Service determines that an organization described in 
section 501 (c) or (d) is exempt from taxation for any taxable year, the 
application for tax exemption upon which the determination is based, 
together with any supporting documents, is open to public inspection. 
Some applications for tax exemption have been destroyed and therefore 
are not available for inspection. For purposes of determining the 
availability for public inspection, a claim for tax exemption filed to 
reestablish exempt status after denial thereof under the provisions of 
section 503 or 504 (as in effect on December 31, 1969), or under the 
corresponding provisions of any prior revenue law, is considered an 
application for tax exemption.
    (b) Letters or documents issued by the Internal Revenue Service with 
respect to an application for tax exemption. If an application for tax 
exemption is filed with the Internal Revenue Service after October 31, 
1976, and is open to public inspection under paragraph (a) of this 
section, then any letter or document issued to the applicant by the 
Internal Revenue Service which relates to the application is also open 
to public inspection. For rules relating to when a letter or document is 
issued, see Sec. 301.6110-2(h). Letters or documents to which this 
paragraph applies include, but are not limited to--
    (1) Favorable rulings and determination letters (see Sec. 
601.201(n)(1)) issued in response to applications for tax exemption,
    (2) Technical advice memoranda (see Sec. 601.201(n)(9)) issued with 
respect to an approved, or subsequently approved, application for tax 
exemption, and

[[Page 81]]

    (3) Letters issued in response to an application for tax exemption 
that propose a finding that the organization is not entitled to be 
exempt from tax, if the organization is subsequently determined, on the 
basis of the application, to be exempt from tax.
    (c) Requirement of exempt status. An application for tax exemption, 
supporting documents, and letters or documents issued by the Internal 
Revenue Service that relate to the application will not be open to 
public inspection before the organization filing the application is 
determined, on the basis of the application, to be exempt from taxation 
for any taxable year. On the other hand, if the organization is 
determined to be exempt for any taxable year, the material will not be 
withheld from public inspection on the ground that the organization is 
determined not to be exempt for any other taxable year.
    (d) Documents included in the term ``application for tax 
exemption''. For purposes of this section--
    (1) Prescribed application form. If a form is prescribed for an 
organization's application for tax exemption, the application for tax 
exemption includes the form and all documents and statements the 
Internal Revenue Service requires to be filed with the form.
    (2) No prescribed application form. If no form is prescribed for an 
organization's application for tax exemption, the application for tax 
exemption includes:
    (i) The application letter and a copy of the articles of 
incorporation, declaration of trust, or other instrument of similar 
import that sets forth the permitted powers or activities of the 
organization,
    (ii) The bylaws or other code of regulations,
    (iii) The latest financial statement showing assets, liabilities, 
receipts and disbursements,
    (iv) Statements showing the character of the organization, the 
purpose for which it was organized, and its actual activities,
    (v) Statements showing sources of income and receipts and the 
disposition thereof, and whether or not any income or receipts is 
credited to surplus or may inure to the benefit of any private 
shareholder or individual, and
    (vi) Any other statements or documents the Internal Revenue Service 
requires to be filed with the application lettter.
    (3) Prohibited transactions. An application for tax exemption does 
not include a request for a ruling as to whether a proposed transaction 
is a prohibited transaction under section 503.
    (e) Supporting documents defined. For purposes of this section, 
``supporting documents'', as used with respect to an application for tax 
exemption, means any statement or document not described in paragraph 
(d) of this section that is submitted by an organization in support of 
its application. For example, a legal brief submitted in support of an 
application for tax exemption is a supporting document.
    (f) Statement of exempt status. In addition to having the 
opportunity to inspect material relating to tax exempt organizations, a 
person may request a statement setting forth the following information:
    (1) The subsection and paragraph of section 501 (or the 
corresponding provision of any prior revenue law) under which an 
organization has been determined, on the basis of an application open to 
public inspection, to qualify for exemption from taxation, and
    (2) Whether the organization is currently held to be exempt.

The request for the statement must be made in the same manner as a 
request for inspection (see Sec. 301.6104(a)-6).
    (g) Withholding of certain information from public inspection. For 
rules relating to certain information contained in an application for 
tax exemption and related material which will be withheld from public 
inspection, see Sec. 301.6104(a)-5(a).
    (h) Procedures for inspection. For rules relating to procedures for 
public inspection of applications for tax exemption and related 
material, see Sec. 301.6104(a)-6.
    (i) Material not open to public inspection under section 6104 or 
6110. Under section 6110 certain written determinations issued by the 
Internal Revenue Service are made available for public inspection. 
Section 6110 does not apply, however, to matters on which the 
determination of availability for public inspection is made under 
section 6104.

[[Page 82]]

Accordingly, Sec. 301.6110-1(a) describes matters which, for purposes 
of section 6110, are considered within the ambit of section 6104. Some 
determination letters and other documents relating to tax exempt 
organizations that are not open to public inspection under section 
6104(a)(1)(A) and this section are nevertheless within the ambit of 
section 6104 for purposes of section 6110. These determination letters 
and other documents are therefore not available for public inspection 
under either section 6104 or section 6110. They include but are not 
limited to--
    (1) Unfavorable rulings or determination letters (see Sec. 
601.201(n)) issued in response to applications for tax exemption,
    (2) Rulings or determination letters revoking or modifying a 
favorable determination letter (see Sec. 601.201(n)(6)),
    (3) Technical advice memoranda (see Sec. 601.201(n)(9)) relating to 
a disapproved application for tax exemption or the revocation or 
modification of a favorable determination letter,
    (4) Any letter or document filed with or issued by the Internal 
Revenue Service relating to whether a proposed or accomplished 
transaction is a prohibited transaction under section 503,
    (5) Any letter or document filed with or issued by the Internal 
Revenue Service relating to an organization's status as an organization 
described in section 509 (a) or 4942(j)(3), unless the letter or 
document relates to the organization's application for tax exemption, 
and
    (6) Any other letter or document filed with or issued by the 
Internal Revenue Service which, although it relates to an organization's 
tax exempt status as an organization described in section 501 (c) or 
(d), does not relate to that organization's application for tax 
exemption, within the meaning of paragraph (d).

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7845, 47 FR 50486, Nov. 8, 1982]



Sec. 301.6104(a)-2  Public inspection of material relating to pension and other plans.

    (a) Material open to inspection. Except as provided in Sec. 
301.6104(a)-4 with respect to plans having fewer than 26 participants, 
an application for a determination letter which is filed with the 
Internal Revenue Service after September 2, 1974, together with 
supporting documents filed by the applicant in support of the 
application, will be open to public inspection under section 
6104(a)(1)(B) (i) and (ii). An application for a determination letter 
and supporting documents will be open to public inspection whether or 
not the application is withdrawn by the applicant, and whether or not 
the Internal Revenue Service determines that the plan, account, or 
annuity to which the application relates is qualified or that any 
related trust or custodial account is exempt from tax.
    (b) Documents included in the term ``application for a determination 
letter''--(1) Employees' plans and individual retirement plans. For 
purposes of this section, the term ``application for a determination 
letter'' includes the documents that an applicant files with respect to 
a request that the Internal Revenue Service determine the qualification 
of--
    (i) A pension, profit-sharing, or stock bonus plan under section 
401(a),
    (ii) An annuity plan under section 403(a),
    (iii) A bond purchase plan under section 405(a), or
    (iv) An individual retirement account or annuity described in 
section 408 (a), (b) or (c).
    (2) Tax exempt trusts or custodial accounts. The term ``application 
for a determination letter'' also includes the documents an applicant 
files with respect to a request that the Internal Revenue Service 
determine the exemption from tax under section 501(a) of an organization 
forming part of a plan or account described in subparagraph (1) of this 
paragraph, or a custodial account described in section 401(f).
    (3) Master, prototype and pattern plans. The term ``application for 
a determination letter'' also includes documents which an applicant 
files with respect to a request for approval of a master, prototype, 
pattern or other such plan or account.
    (4) Prescribed forms and application letters. With respect to an 
application for a determination letter described in this

[[Page 83]]

paragraph (b) for which an application form is prescribed, the 
application for a determination letter includes the form and all 
documents and statements required to be filed in connection with the 
form. With respect to an application for a determination letter for 
which no application form is prescribed, the application for a 
determination letter includes the application letter and all documents 
and statements the Internal Revenue Service requires to be submitted 
with the application letter.
    (c) Documents not constituting an ``application for a determination 
letter''. The following are not applications for a determination letter 
for purposes of this section:
    (1) An incomplete application that is returned without action for 
proper completion,
    (2) An application that is returned without action to the applicant 
for failure to notify all interested parties in accordance with the 
regulations under section 7476 (relating to declaratory judgments), and
    (3) A request for a ruling as to whether a proposed transaction is a 
prohibited transaction under section 4975.
    (d) Supporting documents. ``Supporting documents'', as used with 
respect to an application for a determination letter which is open to 
public inspection under this section, means any statement or document 
submitted in support of the application which is not specifically 
required by the application form or the Internal Revenue Service. For 
example, a legal brief submitted in support of an application for a 
determination letter is a supporting document.
    (e) Applicant. For purposes of this section, Sec. 301.6104(a)-3 
(relating to Internal Revenue Service letters and documents open to 
public inspection) and Sec. 301.6104(a)-5 (relating to the withholding 
of certain information from public inspection), an ``applicant'' 
includes, but is not limited to, an employer, plan administrator (as 
defined in section 414(g)), labor union, bank, or insurance company that 
files an application for a determination letter.

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7845, 47 FR 50487, Nov. 8, 1982]



Sec. 301.6104(a)-3  Public inspection of Internal Revenue Service 

letters and documents relating to pension and other plans.

    (a) In general. Except as provided in Sec. 301.6104(a)-4 with 
respect to plans having fewer than 26 participants, a letter or other 
document issued by the Internal Revenue Service after September 2, 1974, 
is open to public inspection under section 6104(a)(1)(B)(iv) and this 
section, if it is issued with respect to--
    (1) The qualification of a pension, profit-sharing or stock bonus 
plan under section 401(a), an annuity plan under section 403(a), a bond 
purchase plan under section 405(a), or an individual retirement account 
or annuity described in section 408 (a), (b) or (c),
    (2) The exemption from tax under section 501(a) of an organization 
forming part of such a plan or account, or a custodial account described 
in section 401(f), or
    (3) The approval of a master, prototype, pattern or other such plan 
or account.
    (b) Scope. Internal Revenue Service letters and documents open to 
public inspection under section 6104(a)(1)(B)(iv) and this section are 
not limited to those issued in response to an application for a 
determination letter described in Sec. 301.6104(a)-2. They are, 
however, limited to those issued by the Internal Revenue Service to the 
person or organization which either did or could file an application for 
a determination letter for the plan, account or annuity to which the 
letter or document relates. If such a person or organization designates 
a representative having a power of attorney, however, then the letter or 
document will be open to inspection if issued to the representative. For 
rules relating to when a letter or document is issued, see Sec. 
301.6110-2(h). Internal Revenue Service letters and documents are open 
to public inspection under section

[[Page 84]]

6104(a)(1)(B)(iv) and this section whether or not the Internal Revenue 
Service determines that the plan, account or annuity to which the letter 
or document relates is qualified or that any related trust or custodial 
account is exempt from tax.
    (c) Letters and documents open to public inspection. Internal 
Revenue Service letters and documents open to public inspection under 
section 6104(a)(1)(B)(iv) and this section include, but are not limited 
to:
    (1) Determination letters relating to the qualification of a plan, 
account or annuity described in paragraph (a)(1) of this section (see 
Sec. 601.201 (o)),
    (2) Technical advice memoranda (see Sec. 601.201(n)(9)) relating to 
the issuance of such determination letters,
    (3) Technical advice memoranda relating to the continuing 
qualification of a plan, account or annuity previously determined to be 
qualified, or to the qualification of a plan, account or annuity for 
which no determination letter has been issued,
    (4) Letters or documents revoking or modifying any prior favorable 
determination letter or denying the qualification of a plan, account or 
annuity for which no determination letter has been issued,
    (5) Determination letters relating to the exemption from tax of a 
trust or custodial account described in paragraph (a)(2) of this section 
(see Sec. 601.201 (o)(2)(i)(b)), or
    (6) Opinion letters relating to the acceptability of the form of any 
master, prototype or other such plan or account (see Sec. 601.201 (p) 
and (q)) or notification letters issued with respect to pattern plans.
    (d) Extent letter or document open to public inspection. A letter or 
document issued by the Internal Revenue Service is open to public 
inspection under section 6104(a)(1)(B)(iv) and this section only to the 
extent it relates directly to the qualification of a plan, account or 
annuity, the exemption from tax of a related organization or custodial 
account, or the approval of a master, prototype, pattern or other such 
plan. Any part of the letter or document which does not directly relate 
to such a qualification, exemption or approval is not open to public 
inspection. For example, a letter to an employer which concludes that an 
employee's plan is not qualified and the related trust is not tax exempt 
will be open to public inspection. However, that same letter may also 
assert an income tax deficiency because employer contributions to the 
trust are, therefore, not deductible. In such a case, that part of the 
letter relating to the tax deficiency will be deleted before the letter 
is opened to public inspection.
    (e) Letters or documents issued with respect to tax return 
examination. In the case of an examination of a taxpayer's return or 
consideration of a taxpayer's claim for credit or refund, no letter or 
document issued to the taxpayer before the preliminary or ``30-day'' 
letter described in Sec. 601.105(d)(1) is issued to the taxpayer will 
be open to public inspection under section 6104(a)(1)(B)(iv) and this 
section. The ``30-day'' letter and any statutory notice of deficiency 
subsequently issued to the taxpayer under section 6212 will be open to 
public inspection to the extent provided in paragraph (d) of this 
section. If any letter or document other than a statutory notice of 
deficiency is issued to the taxpayer after the ``30-day'' letter is 
issued, such letter or document will be open to inspection to the extent 
provided in paragraph (d) of this section only if it finally resolves or 
otherwise disposes of a plan qualification or tax exemption issue raised 
in the ``30-day'' letter.
    (f) Letters or documents issued after September 2, 1974. Section 
6104(a)(1)(B)(iv) and this section apply to letters or documents issued 
by the Internal Revenue Service after September 2, 1974, even though the 
relevant application for a determination letter or other initiating 
correspondence from the applicant was filed with the Internal Revenue 
Service before September 2, 1974.

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[47 FR 7845, 47 FR 50487, Nov. 8, 1982]



Sec. 301.6104(a)-4  Requirement for 26 or more plan participants.

    (a) Inspection by plan participants. In the case of a plan, annuity 
or account

[[Page 85]]

described in Sec. 301.6104(a)-2(b) and Sec. 301.6104(a)-3(a) that has 
fewer than 26 participants, material described in Sec. Sec. 
301.6104(a)-2 and 301.6104(a)-3 as open to public inspection is only 
open to inspection by a plan participant or the participant's authorized 
representative. This limitation does not apply, however, with respect to 
documents which an applicant files with respect to a request for 
approval of a master, prototype, pattern or other such plan (see Sec. 
301.6104 (a)-2 (b)(3)) or to opinion, notification or other such letters 
issued by the Internal Revenue Service with respect to such plans (see 
Sec. 301.6104 (a)-3 (a)(3)).
    (b) Determining number of plan participants--(1) In general. For 
purposes of determining whether a plan has fewer than 26 participants, 
the number of plan participants will be the number indicated on the most 
recent annual return filed for the plan under section 6058. Where an 
annual return indicates the number of participants both at the beginning 
and end of the plan year, the number indicated on the return means the 
number at the end of the plan year. If no annual return has been filed 
for the plan, then the number of plan participants will be the number 
indicated on the most recent application for a determination letter 
filed for the plan. If, however, the number of plan participants is 
increased prior to final Internal Revenue Service action on the 
application, the number of plan participants will be that increased 
number.
    (2) Decreasing number of plan participants. If a plan having 26 or 
more participants, as indicated on an annual return or application for a 
determination letter, subsequently files an annual return indicating 
fewer than 26 plan participants, then material relating to the plan 
which is issued or received by the Internal Revenue Service after the 
date the annual return is filed will be open to inspection only by plan 
participants or their authorized representatives. Similarly, if a plan 
having 26 or more participants as indicated on an annual return or an 
application for a determination letter, subsequently files an 
application for a determination letter which indicates fewer than 26 
plan participants, then that application and related material, as well 
as any other material relating to the plan which is received or issued 
by the Internal Revenue Service after the date of receipt of that 
application, will be open to inspection only by plan participants or 
their authorized representatives. In either case, material open to 
public inspection pursuant to the number of plan participants indicated 
on previous annual returns or applications for a determination letter 
will remain open to public inspection.
    (3) Increasing number of plan participants. If a plan having fewer 
than 26 plan participants, as indicated on an annual return or 
application for a determination letter, files a subsequent return or 
application indicating 26 or more plan participants, all the plan's 
prior applications and other material received or issued by the Internal 
Revenue Service after September 2, 1974, will be open to public 
inspection regardless of the number of plan participants indicated on 
any prior return or application.
    (c) Plan participant. Solely for purposes of determining who is a 
plan participant permitted to inspect material relating to a plan having 
fewer than 26 participants, the term ``plan participant'' includes, but 
is not limited to, former employees (such as certain retired and 
terminated employees) who have a nonforfeitable right to benefits under 
the plan. An individual who is merely a beneficiary of an employee or 
former employee is not a plan participant, unless the individual is a 
beneficiary of a deceased former employee and is receiving benefits or 
entitled to receive future benefits under the plan. The term ``plan 
participant'' also includes the administrator, executor, or trustee of 
the estate of a deceased plan participant if such administrator, 
executor, or trustee is receiving benefits or entitled to receive future 
benefits under the plan in his or her official capacity. That material 
may be available for inspection to an individual under this paragraph 
does not constitute a determination by the Internal Revenue Service that 
the individual is a plan participant for any purpose other than 
inspection under section 6104(a)(1)(B).
    (d) Authorized representative. ``Authorized representative'' means 
the representative of a plan participant

[[Page 86]]

designated by the participant in writing to inspect material described 
in Sec. Sec. 301.6104(a)-2 and 301.6104(a)-3. The document designating 
the authorized representative must be signed by the plan participant and 
must specify that the representative is authorized to inspect the 
material. The document, or a copy, must be filed with the office of the 
Internal Revenue Service in which the authorized representative is to 
inspect the material. A copy which is reproduced by a photographic 
process need not be certified as a true and correct copy of the 
original.

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7845, 47 FR 50488, Nov. 8, 1982]



Sec. 301.6104(a)-5  Withholding of certain information from public inspection.

    (a) Tax exempt organizations--(1) Trade secrets, patents, processes, 
styles of work, or apparatus. An organization whose application for tax 
exemption is open to public inspection under section 6104(a)(1)(A) and 
Sec. 301.6104(a)-1 may in writing request the withholding of 
information contained in the application or supporting documents which 
relates to any trade secret, patent, process, style of work, or 
apparatus of the organization. The information will be withheld from 
public inspection if the Commissioner determines that the disclosure of 
such information would adversely affect the organization. Requests for 
withholding information from public inspection should be filed with the 
office with which the organization files the documents containing the 
information. The request must clearly identify the material desired to 
be withheld (the document, page, paragraph, and line) and must state why 
the information should not be open to public inspection. The 
organization will be notified of the Commissioner's determination as to 
whether the information will be withheld from public inspection. If the 
Commissioner determines that the information will be disclosed, the 
organization will be given 15 days after notification of the 
Commissioner's decision to contest that decision before the document is 
disclosed.
    (2) National defense material. The Internal Revenue Service will 
withhold from public inspection any information which is submitted by an 
organization whose application for tax exemption is open to inspection 
under section 6104(a)(1)(A) and Sec. 301.6104(a)-1, if the Commissioner 
determines that public disclosure would adversely affect the national 
defense.
    (b) Pension and other plans--(1) Applicant's exclusion of certain 
information. Except as provided in subparagraph (2) of this paragraph, 
information that, in the opinion of the applicant, is of the type 
described in section 6104(a)(1) (C) or (D) should not be included in an 
application for a determination letter, supporting documents, or any 
other document open to inspection under section 6104(a)(1)(B). 
Accordingly, an applicant should not include in an application for a 
determination letter or supporting documents confidential compensation 
information as described in subparagraph (4) of this paragraph. Neither 
should an applicant include information relating to any trade secret, 
patent, process, style of work or apparatus, the disclosure of which 
would be adverse to the applicant.
    (2) Exception for separate document. The rule that an applicant 
should exclude from an application for a determination letter or other 
documents information of the type in section 6104(a)(1) (C) or (D) does 
not apply--
    (i) In the case of the separate schedule to certain applications for 
a determination letter which is provided for the purpose of setting 
forth confidential compensation information (as described in 
subparagraph (4) of this paragraph) which must be submitted by the 
applicant.
    (ii) If the applicant determines that it is impossible to provide 
the Internal Revenue Service with sufficient information to support an 
application for a determination letter without submitting what is 
believed to be information of the type described in section 6104(a)(1) 
(C) or (D), or
    (iii) If the Internal Revenue Service requests that the applicant 
submit information of the type described in section 6104(a)(1) (C) and 
(D).

In a case described in subdivision (ii) or (iii) of this subparagraph, 
the applicant

[[Page 87]]

is to set forth the information in a document separate from the 
remainder of the application for a determination letter or other 
documents. The separate document is to state why the information is to 
be witheld from public inspection under section 6104(a)(1) (C) or (D). 
If the Internal Revenue Service has not requested the information, the 
separate document is to also state why it is impossible to provide the 
Internal Revenue Service sufficient information to support the 
application for a determination letter without including information 
which is to be withheld. The separate document should clearly identify 
the relevant portion of the application for a determination letter or 
other document (the document, page, paragraph, and line) to which the 
information set forth in the separate document relates. The Internal 
Revenue Service will withhold from public inspection (including 
inspection by a plan participant or authorized representative) 
information contained in the separate document if the Commissioner 
determines that the information is in fact information of the type 
described in section 6104(a)(1) (C) or (D), and, in the case of 
information relating to any trade secret, patent, process, style of work 
or apparatus, the Commissioner further determines that disclosure would 
be adverse to the applicant. If the Commissioner determines that the 
information will be disclosed, the organization will be given 15 days 
after notification of the Commissioner's decision to contest the 
decision before the document is disclosed.
    (3) National defense material. The Internal Revenue Service will 
withhold from public inspection (including inspection by a plan 
participant or authorized representative) any information which is 
included in an application for a determination letter or supporting 
documents if the Commissioner determines that public disclosure would 
adversely affect the national defense. The information will be withheld 
whether or not submitted on a separate document pursuant to subparagraph 
(2) of this paragraph.
    (4) Confidential compensation information. If an application for a 
determination letter, supporting document, or related letter or document 
referred to in section 6104(a)(1)(B) and Sec. Sec. 301.6104(a)-2 and 
301.6104(a)-3 contains information (including aggregate figures) from 
which an individual's compensation (including deferred compensation) may 
be ascertained, that information is not open to public inspection 
(including inspection by a plan participant or authorized 
representative). Confidential compensation information includes the 
amount of benefit a specific plan participant may expect to receive at 
normal or early retirement age and the amount of the employer's 
contributions under the plan that may be allocated to a specific plan 
participant. However, so long as a plan has more than one participant, 
the amount of benefit provided under the plan to plan participants, in 
general, at normal or early retirement age, or the amount of the 
employer's contributions under the plan that are allocable to plan 
participants, in general, does not constitute confidential compensation 
information. Further, a description of the numbers of individuals 
covered and not covered by a plan, listed by compensation range, does 
not constitute confidential compensation information.

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7845, 47 FR 50489, Nov. 8, 1982]



Sec. 301.6104(a)-6  Procedural rules for inspection.

    (a) Place of inspection; tax exempt organizations and pension and 
other plans. Material relating either to tax exempt organizations or to 
pension and other plans that is open to public inspection under section 
6104(a)(1) and Sec. 301.6104(a)-1 through Sec. 301.6104(a)-3 will be 
made available for inspection at the Freedom of Information Reading 
Room, National Office, Internal Revenue Service, 1111 Constitution 
Avenue NW., Washington, D.C. 20224, and in the office of any district 
director of internal revenue.
    (b) Request for inspection--(1) Tax exempt organizations and pension 
and other plans; public inspection. Material relating to either tax 
exempt organizations or pension and other plans that is open to public 
inspection under section 6104(a)(1) and Sec. Sec. 301.6104(a)-1 through

[[Page 88]]

Sec. 301.6104(a)-3 will be available for inspection only upon request. 
If inspection at the National Office is desired, a request should be 
made in writing to the Commissioner of Internal Revenue, Attention: 
Freedom of Information Reading Room, 1111 Constitution Avenue, NW., 
Washington, D.C. 20224. Requests for inspection in the office of a 
district director should be made in writing to the district director's 
office. The request must describe the material to be inspected in 
reasonably sufficient detail so that Internal Revenue Service personnel 
can locate the material. If a tax-exempt organization has more than one 
application for tax exemption open to public inspection, or if a pension 
or other plan has more than one application for a determination letter 
open to public inspection, only the most recent application and related 
material will be made available for inspection unless the request states 
otherwise. Further, in the case of a pension or other plan, only 
Internal Revenue Service documents issued or delivered after the date of 
the filing of the most recent application for a determination letter 
will be made available for inspection, unless the request states 
otherwise.
    (2) Pension and other plans; inspection by plan participant or 
authorized representative. As described in Sec. 301.6104(a)-4, material 
relating to plans having fewer than 26 participants is only open to 
inspection by a plan participant or authorized representative. In the 
case of such a plan, the rules described in subparagraph (1) of this 
paragraph apply. The request for inspection must include satisfactory 
evidence that the person requesting inspection is a plan participant 
(see Sec. 301.6104(a)-4(c)) or an authorized representative of such a 
plan participant within the meaning of Sec. 301.6104(a)-4(d).
    (c) Time and extent of inspection. A person requesting inspection 
will be notified when the material will be made available for 
inspection. The material will be made available for inspection at times 
that will not interfere with its use by the Internal Revenue Service or 
exclude other persons from inspecting it. In addition, the Commissioner 
or district director may limit the number of applications for tax 
exemption, applications for a determination letter, supporting 
documents, or letters and documents issued by the Internal Revenue 
Service that will be made available to any person for inspection on a 
given date. Inspection will be allowed only in the presence of an 
Internal Revenue Service employee and only during regular business 
hours.
    (d) Copies. Notes may be taken of the material open for inspection. 
Copies may be made manually or, if a person provides the equipment, 
photographically at the place of inspection. Photographic copying is 
subject to reasonable supervision with regard to the facilities and 
equipment used. Any fees the Internal Revenue Service may charge for 
furnishing copies under this section shall be no more than under the fee 
schedule promulgated pursuant to section (a)(4)(A)(i) of the Freedom of 
Information Act, 5 U.S.C. 552, by the Commissioner from time to time. 
Copies will be certified upon request.

(Secs. 6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue 
Code of 1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7845, 47 FR 50490, Nov. 8, 1982, as amended by T.D. 9070, 68 FR 
40769, July 9, 2003]



Sec. 301.6104(b)-1  Publicity of information on certain information returns.

    (a) In general. The following information, together with the name 
and address of the organization or trust furnishing such information, 
shall be a matter of public record:
    (1) Except as otherwise provided in section 6104 and the regulations 
thereunder, the information required by section 6033.
    (2) The information furnished pursuant to section 6034 (relating to 
returns by certain trusts) on Form 1041-A.
    (3) The information required to be furnished by section 6058.
    (b) Nondisclosure of certain information--(1) Names and addresses of 
contributors. The names and addresses of contributors to an organization 
other than a private foundation shall not be made available for public 
inspection under section 6104(b).
    (2) Amounts of contributions. The amounts of contributions and 
bequests to an organization shall be available

[[Page 89]]

for public inspection unless the disclosure of such information can 
reasonably be expected to identify any contributor. Notwithstanding the 
preceding sentence, the amounts of contributions and bequests to a 
private foundation shall be available for public inspection.
    (3) Foreign organizations. The names, addresses, and amounts of 
contributions or bequests of persons who are not citizens of the United 
States to a foreign organization described in section 4948(b) shall not 
be made available for public inspection under section 6104(b).
    (4) Confidential business information. Confidential business 
information of contributors to any trust described in section 501(c)(21) 
(black lung trusts) shall not be available for public inspection under 
section 6104(b) provided:
    (i) A request if filed with the office with which the trustee filed 
the documents in which the information to be withheld is contained.
    (ii) Such request clearly specifies the information to be withheld 
and the reasons supporting the request for withholding, and
    (iii) The Commissioner determines that such information is 
confidential business information.

Information such as the contributor's estimated total liability for 
black lung benefits, the contributor's coal pricing policies, or any 
background information necessary to establish estimated total liability 
or coal pricing policies are examples of confidential business 
information that shall not be disclosed to the public under this 
subparagraph.
    (c) Place of inspection. Information furnished on the public portion 
of returns (as described in paragraph (a) of this section) shall be made 
available for public inspection at the Freedom of Information Reading 
Room. Internal Revenue Service, 1111 Constitution Avenue, NW., 
Washington, D.C. 20224, and at the office of any district director.
    (d) Procedure for public inspection--(1) Requests for inspection. 
Information furnished on the public portion of returns (as described in 
paragraph (a) of this section) shall be available for public inspection 
only upon request. Requests for public inspection must be in writing to 
or at any of the offices mentioned in paragraph (c) of this section. 
Persons submitting requests for inspection must provide the name and 
address of the organization that filed the return, the type of return, 
and the year for which the organization filed.
    (2) Time and extent of inspection. A person requesting public 
inspection in the manner specified in subparagraph (1) of this paragraph 
shall be notified by the Internal Revenue Service when the material he 
desires to inspect will be made available for his inspection. 
Information on returns required by sections 6033, 6034, and 6058 will be 
made available for public inspection at such reasonable and proper 
times, and under such conditions, that will not interfere with their use 
by the Internal Revenue Service and will not exclude other persons from 
inspecting them. In addition the Commissioner, Director of the Service 
Center, or district director may limit the number of returns to be made 
available to any person for inspection on a given date. Inspection will 
be allowed only in the presence of an internal revenue officer or 
employee and only during the regular hours of business of the Internal 
Revenue Service office.
    (3) Returns available. Returns filed before January 1, 1970, shall 
be available for public inspection only pursuant to the provisions of 
section 6104 in effect for such years. The information furnished on all 
returns filed after December 31, 1969, purusant to the requirements of 
section 6033, 6034, or 6058, shall be available for public inspection in 
accordance with the provisions of section 6104.
    (4) Copies. Notes may be taken of the material opened for inspection 
under this section. Copies may be made manually or, if a person provides 
the equipment, photographically at the place of inspection, subject to 
reasonable supervision with regard to the facilities and equipment to be 
employed. Copies of the material opened for inspection will be furnished 
by the Internal Revenue Service to any person making request therefor. 
Requests for such copies shall be made in the same manner as requests 
for inspection (see subparagraph (1) of this paragraph) to the office of 
the Internal Revenue Service in which such material is

[[Page 90]]

available for inspection as provided in paragraph (c) of this section. 
Copies may also be obtained by written request to the director of any 
service center. If made at the time of inspection, the request for 
copies need not be in writing. Any copies furnished will be certified 
upon request. Any fees the Internal Revenue Service may charge for 
furnishing copies under this section shall be no more than under the fee 
schedule promulgated pursuant to section (a)(4)(A)(i) of the Freedom of 
Information Act, 5 U.S.C. 552, by the Commissioner from time to time.

[T.D. 8026, 50 FR 20757, May 20, 1985, as amended by T.D. 9070, 68 FR 
40769, July 9, 2003]



Sec. 301.6104(c)-1  Disclosure of certain information to State officers.

    (a) Notification of determinations--(1) Automatic notification. Upon 
making a determination described in paragraph (c) of this section, the 
Internal Revenue Service will notify the Attorney General and the 
principal tax officer of each of the following States of such 
determination without application or request by such State officer--
    (i) In the case of any organization described in section 501(c)(3), 
the State in which the principal office of the organization is located 
(as shown on the last-filed return required by section 6033, or on the 
application for exemption if no return has been filed), and the State in 
which the organization was incorporated, or if a trust, in which it was 
created, and
    (ii) In the case of a private foundation, each State which the 
organization was required to list as an attachment to its last-filed 
return pursuant to Sec. 1.6033-2(a)(2)(iv).
    (2) Applications for notification by other State officers. Other 
officers of States described in subparagraph (1) of this paragraph, and 
officers of States not described in such subparagraph, may request that 
they be notified (either generally or with respect to a particular 
organization or type of organization) of determinations described in 
paragraph (c) of this section. In such cases, these State officers must 
show that they are appropriate State officers within the meaning of 
section 6104(c)(2). The required showing may be made by presenting a 
letter from the Attorney General of the State setting forth (i) the 
functions and authority of the State officer under State law, and (ii) 
sufficient facts for the Internal Revenue Service to determine that such 
officer is an appropriate State officer within the meaning of section 
6104(c)(2).
    (3) Manner of notification. A State officer who is entitled to be 
notified of a determination under this paragraph will be notified by 
sending him a copy of the communication from the Internal Revenue 
Service to the organization which informs such organization of the 
determination.
    (b) Inspection by State officers--(1) In general. After a 
determination described in paragraph (c) of this section has been made, 
appropriate State officers within the meaning of section 6104(c)(2) may 
inspect the material described in subparagraph (3) of this paragraph. 
Such material may be inspected at an office of the Internal Revenue 
Service which will be designated upon receipt of a request for 
inspection; the location of such office will be determined with due 
consideration of the needs of the Internal Revenue Service and the needs 
of the State officer entitled to inspect.
    (2) State officers who may inspect material. Any State officer 
entitled to be notified of a determination without application (under 
paragraph (a)(1) of this section) may inspect the material described in 
subparagraph (3) of this paragraph upon demonstrating that he is so 
entitled. Any State officer who has in fact been notified by the 
Internal Revenue Service of a determination may inspect such material 
without further demonstration, unless it shall be determined by the 
Internal Revenue Service that such officer was not entitled to be so 
notified. Other State officers must demonstrate to the satisfaction of 
the Internal Revenue Service that they are entitled to be notified under 
paragraph (a)(2) of this section before they may inspect such material.
    (3) Material which may be inspected. (i) Except as provided in 
subdivision (ii) of this subparagraph, a State officer who is so 
entitled under subparagraphs (1) and (2) of this paragraph will be 
permitted to inspect and copy all returns,

[[Page 91]]

filed statements, records, reports, and other information relating to a 
determination described in paragraph (c) of this section which is 
relevant to a determination under State law, and which is in the hands 
of the Internal Revenue Service.
    (ii) The following material will not be made available for 
inspection by State officers under section 6104(c) and this section--
    (a) Interpretations by the Internal Revenue Service or other federal 
agency of federal laws (including the Internal Revenue Code of 1954 and 
its predecessors) which would not otherwise be made available to State 
officers under section 6103(d),
    (b) Reports of informers, or any other material which would disclose 
the identity, or threaten the safety or anonymity, of an informer,
    (c) Returns of persons (other than those exempt from taxation) which 
would not be available under section 6103(d) to the State officer 
requesting inspection, or
    (d) Other material the disclosure of which the Commissioner has 
determined would prejudice the proper administration of the internal 
revenue laws.
    (4) Statement by State officer. Before any State officer will be 
permitted to inspect material described in this paragraph, he must 
submit a statement to the Internal Revenue Service that he intends to 
use such material solely in fulfilling his functions under State law 
relating to organizations of the type described in section 501(c)(3); 
material is made available to State officers under this section in 
reliance on such statements. For provisions relating to penalties for 
misuse of information which is made available under section 6104(c) and 
this section, see 18 U.S.C. 1001.
    (c) Determinations defined. For purposes of this section, a 
determination means a final determination by the Internal Revenue 
Service that--
    (1) An organization is refused recognition as an organization 
described in section 501(c)(3), or has been operated in such a manner 
that it will not, or will no longer, be recognized as meeting the 
requirements for exemption under that section, or
    (2) A deficiency of tax exists under section 507 or chapter 41 or 
42.

For purposes of this paragraph, a determination by the Internal Revenue 
Service is not final until all administrative review with respect to 
such determination has been completed. For purposes of this section, a 
waiver of restrictions on assessment and collection of deficiency in tax 
is treated as a final determination that a deficiency of tax exists when 
such waiver has been finally accepted by the Internal Revenue Service. 
For example, a final determination that a deficiency of tax exists under 
section 507 or chapter 41 or 42 is made when the organization is sent a 
notice of deficiency with respect to such tax.
    (d) Effective date. The provisions of this section apply with 
respect to all determinations made after December 31, 1969.

(Secs. 6033(a)(1), 6104(b), and 7805 of the Internal Revenue Code of 
1954 (83 Stat. 519, 68A Stat. 755 as amended by 83 Stat. 530, and 68A 
Stat. 917; 26 U.S.C. 6033(a)(1), 6104(b), and 7805); secs. 
6104(a)(1)(A), 6104(a)(1)(B), and 7805 of the Internal Revenue Code of 
1954 (72 Stat. 1660, 88 Stat. 940, 68A Stat. 917; 26 U.S.C. 
6104(a)(1)(A), 6104(a)(1)(B), 7805))

[T.D. 7122, 36 FR 11031, June 8, 1971, as amended by T.D. 7290, 38 FR 
31835, Nov. 19, 1973; T.D. 7785, 46 FR 38508, July 28, 1981. 
Redesignated by T.D. 7845, 47 FR 50490, Nov. 8, 1982]



Sec. 301.6104(d)-0  Table of contents.

    This section lists the major captions contained in Sec. Sec. 
301.6104(d)-1 through 301.6104(d)-3 as follows:

 Sec. 301.6104(d)-1 Public inspection and distribution of applications 
     for tax exemption and annual information returns of tax-exempt 
                             organizations.

(a) In general.
(b) Definitions.
(1) Tax-exempt organization.
(2) Private foundation.
(3) Application for tax exemption.
(i) In general.
(ii) No prescribed application form.
(iii) Exceptions.
(iv) Local or subordinate organizations.
(4) Annual information return.
(i) In general.
(ii) Exceptions.
(iii) Returns more than 3 years old.
(iv) Local or subordinate organizations.
(5) Regional or district offices.
(i) In general.

[[Page 92]]

(ii) Site not considered a regional or district office.
(c) Special rules relating to public inspection.
(1) Permissible conditions on public inspection.
(2) Organizations that do not maintain permanent offices.
(d) Special rules relating to copies.
(1) Time and place for providing copies in response to requests made in 
person.
(i) In general.
(ii) Unusual circumstances.
(iii) Agents for providing copies.
(2) Request for copies in writing.
(i) In general.
(ii) Time and manner of fulfilling written requests.
(A) In general.
(B) Request for a copy of parts of document.
(C) Agents for providing copies.
(3) Fees for copies.
(i) In general.
(ii) Form of payment.
(A) Request made in person.
(B) Request made in writing.
(iii) Avoidance of unexpected fees.
(iv) Responding to inquiries of fees charged.
(e) Documents to be provided by regional and district offices.
(f) Documents to be provided by local and subordinate organizations.
(1) Applications for tax exemption.
(2) Annual information returns.
(3) Failure to comply.
(g) Failure to comply with public inspection or copying requirements.
(h) Effective date.
(1) In general.
(2) Private foundation annual information returns.

  Sec. 301.6104(d)-2 Making applications and returns widely available.

(a) In general.
(b) Widely available.
(1) In general.
(2) Internet posting.
(i) In general.
(ii) Transition rule.
(iii) Reliability and accuracy.
(c) Discretion to prescribe other methods for making documents widely 
available.
(d) Notice requirement.
(e) Effective date.

   Sec. 301.6104(d)-3 Tax-exempt organization subject to harassment 
                                campaign.

(a) In general.
(b) Harassment.
(c) Special rule for multiple requests from a single individual or 
address.
(d) Harassment determination procedure.
(e) Effect of a harassment determination.
(f) Examples.
(g) Effective date.

[T.D. 8861, 65 FR 2033, Jan. 13, 2000]



Sec. 301.6104(d)-1  Public inspection and distribution of applications for tax exemption

and annual information returns of tax-exempt organizations.

    (a) In general. Except as otherwise provided in this section, if a 
tax-exempt organization (as defined in paragraph (b)(1) of this section) 
filed an application for recognition of exemption under section 501, it 
shall make its application for tax exemption (as defined in paragraph 
(b)(3) of this section) available for public inspection without charge 
at its principal, regional and district offices during regular business 
hours. Except as otherwise provided in this section, a tax-exempt 
organization shall make its annual information returns (as defined in 
paragraph (b)(4) of this section) available for public inspection 
without charge in the same offices during regular business hours. Each 
annual information return shall be made available for a period of three 
years beginning on the date the return is required to be filed 
(determined with regard to any extension of time for filing) or is 
actually filed, whichever is later. In addition, except as provided in 
Sec. Sec. 301.6104(d)-2 and 301.6104(d)-3, an organization shall 
provide a copy without charge, other than a reasonable fee for 
reproduction and actual postage costs, of all or any part of any 
application or return required to be made available for public 
inspection under this paragraph to any individual who makes a request 
for such copy in person or in writing. See paragraph (d)(3) of this 
section for rules relating to fees for copies.
    (b) Definitions. For purposes of applying the provisions of section 
6104(d), this section and Sec. Sec. 301.6104(d)-2 and 301.6104(d)-3, 
the following definitions apply:
    (1) Tax-exempt organization. The term tax-exempt organization means 
any organization that is described in section 501(c) or section 501(d) 
and is exempt from taxation under section 501(a). The term tax-exempt 
organization also includes any nonexempt charitable trust

[[Page 93]]

described in section 4947(a)(1) or nonexempt private foundation that is 
subject to the reporting requirements of section 6033 pursuant to 
section 6033(d).
    (2) Private foundation. The term private foundation means a private 
foundation as defined in section 509(a) or a nonexempt charitable trust 
described in section 4947(a)(1) or a nonexempt private foundation 
subject to the information reporting requirements of section 6033 
pursuant to section 6033(d).
    (3) Application for tax exemption--(i) In general. Except as 
described in paragraph (b)(3)(iii) of this section, the term application 
for tax exemption includes any prescribed application form (such as Form 
1023 or Form 1024), all documents and statements the Internal Revenue 
Service requires an applicant to file with the form, any statement or 
other supporting document submitted by an organization in support of its 
application, and any letter or other document issued by the Internal 
Revenue Service concerning the application (such as a favorable 
determination letter or a list of questions from the Internal Revenue 
Service about the application). For example, a legal brief submitted in 
support of an application, or a response to questions from the Internal 
Revenue Service during the application process, is part of an 
application for tax exemption.
    (ii) No prescribed application form. If no form is prescribed for an 
organization's application for tax exemption, the application for tax 
exemption includes--
    (A) The application letter and copy of the articles of 
incorporation, declaration of trust, or other similar instrument that 
sets forth the permitted powers or activities of the organization;
    (B) The organization's bylaws or other code of regulations;
    (C) The organization's latest financial statements showing assets, 
liabilities, receipts and disbursements;
    (D) Statements describing the character of the organization, the 
purpose for which it was organized, and its actual activities;
    (E) Statements showing the sources of the organization's income and 
receipts and their disposition; and
    (F) Any other statements or documents the Internal Revenue Service 
required the organization to file with, or that the organization 
submitted in support of, the application letter.
    (iii) Exceptions. The term application for tax exemption does not 
include--
    (A) Any application for tax exemption filed by an organization that 
the Internal Revenue Service has not yet recognized, on the basis of the 
application, as exempt from taxation under section 501 for any taxable 
year;
    (B) Any application for tax exemption filed before July 15, 1987, 
unless the organization filing the application had a copy of the 
application on July 15, 1987;
    (C) In the case of a tax-exempt organization other than a private 
foundation, the name and address of any contributor to the organization; 
or
    (D) Any material, including the material listed in Sec. 
301.6104(a)-1(i) and information that the Secretary would be required to 
withhold from public inspection, that is not available for public 
inspection under section 6104.
    (iv) Local or subordinate organizations. For rules relating to 
applications for tax exemption of local or subordinate organizations, 
see paragraph (f)(1) of this section.
    (4) Annual information return--(i) In general. Except as described 
in paragraph (b)(4)(ii) of this section, the term annual information 
return includes an exact copy of any return filed by a tax-exempt 
organization pursuant to section 6033. It also includes any amended 
return the organization files with the Internal Revenue Service after 
the date the original return is filed. Returns filed pursuant to section 
6033 include Form 990, Return of Organization Exempt From Income Tax, 
Form 990-PF, Return of Private Foundation, or any other version of Form 
990 (such as Forms 990-EZ or 990-BL, except Form 990-T) and Form 1065. 
Each copy of a return must include all information furnished to the 
Internal Revenue Service on the return, as well as all schedules, 
attachments and supporting documents. For example, in the case of a Form 
990, the copy must include Schedule A of Form 990 (containing 
supplementary information on section 501(c)(3) organizations), and those 
parts

[[Page 94]]

of the return that show compensation paid to specific persons 
(currently, Part V of Form 990 and Parts I and II of Schedule A of Form 
990).
    (ii) Exceptions. The term annual information return does not include 
Schedule A of Form 990-BL, Form 990-T, Exempt Organization Business 
Income Tax Return, Schedule K-1 of Form 1065 or Form 1120-POL, U.S. 
Income Tax Return For Certain Political Organizations. In the case of a 
tax-exempt organization other than a private foundation, the term annual 
information return does not include the name and address of any 
contributor to the organization.
    (iii) Returns more than 3 years old. The term annual information 
return does not include any return after the expiration of 3 years from 
the date the return is required to be filed (including any extension of 
time that has been granted for filing such return) or is actually filed, 
whichever is later. If an organization files an amended return, however, 
the amended return must be made available for a period of 3 years 
beginning on the date it is filed with the Internal Revenue Service.
    (iv) Local or subordinate organizations. For rules relating to 
annual information returns of local or subordinate organizations, see 
paragraph (f)(2) of this section.
    (5) Regional or district offices--(i) In general. A regional or 
district office is any office of a tax-exempt organization, other than 
its principal office, that has paid employees, whether part-time or 
full-time, whose aggregate number of paid hours a week are normally at 
least 120.
    (ii) Site not considered a regional or district office. A site is 
not considered a regional or district office, however, if--
    (A) The only services provided at the site further exempt purposes 
(such as day care, health care or scientific or medical research); and
    (B) The site does not serve as an office for management staff, other 
than managers who are involved solely in managing the exempt function 
activities at the site.
    (c) Special rules relating to public inspection--(1) Permissible 
conditions on public inspection. A tax-exempt organization may have an 
employee present in the room during an inspection. The organization, 
however, must allow the individual conducting the inspection to take 
notes freely during the inspection. If the individual provides 
photocopying equipment at the place of inspection, the organization must 
allow the individual to photocopy the document at no charge.
    (2) Organizations that do not maintain permanent offices. If a tax-
exempt organization does not maintain a permanent office, the 
organization shall comply with the public inspection requirements of 
paragraph (a) of this section by making its application for tax 
exemption and its annual information returns, as applicable, available 
for inspection at a reasonable location of its choice. Such an 
organization shall permit public inspection within a reasonable amount 
of time after receiving a request for inspection (normally not more than 
2 weeks) and at a reasonable time of day. At the organization's option, 
it may mail, within 2 weeks of receiving the request, a copy of its 
application for tax exemption and annual information returns to the 
requester in lieu of allowing an inspection. The organization may charge 
the requester for copying and actual postage costs only if the requester 
consents to the charge. An organization that has a permanent office, but 
has no office hours or very limited hours during certain times of the 
year, shall make its documents available during those periods when 
office hours are limited or not available as though it were an 
organization without a permanent office.
    (d) Special rules relating to copies--(1) Time and place for 
providing copies in response to requests made in-person--(i) In general. 
Except as provided in paragraph (d)(1)(iii) of this section, a tax-
exempt organization shall provide copies of the documents it is required 
to provide under section 6104(d) in response to a request made in person 
at its principal, regional and district offices during regular business 
hours. Except as provided in paragraph (d)(1)(ii) of this section, an 
organization shall provide such copies to a requester on the day the 
request is made.
    (ii) Unusual circumstances. In the case of an in-person request, 
where unusual circumstances exist such that fulfilling the request on 
the same business day

[[Page 95]]

places an unreasonable burden on the tax-exempt organization, the 
organization must provide the copies no later than the next business day 
following the day that the unusual circumstances cease to exist or the 
fifth business day after the date of the request, whichever occurs 
first. Unusual circumstances include, but are not limited to, receipt of 
a volume of requests that exceeds the organization's daily capacity to 
make copies; requests received shortly before the end of regular 
business hours that require an extensive amount of copying; or requests 
received on a day when the organization's managerial staff capable of 
fulfilling the request is conducting special duties, such as student 
registration or attending an off-site meeting or convention, rather than 
its regular administrative duties.
    (iii) Agents for providing copies. A principal, regional or district 
office of a tax-exempt organization subject to the requirements of this 
section may retain a local agent to process requests made in person for 
copies of its documents. A local agent must be located within reasonable 
proximity of the applicable office. A local agent that receives a 
request made in person for copies must provide the copies within the 
time limits and under the conditions that apply to the organization 
itself. For example, a local agent generally must provide a copy to a 
requester on the day the agent receives the request. When a principal, 
regional or district office of a tax-exempt organization using a local 
agent receives a request made in person for a copy, it must immediately 
provide the name, address and telephone number of the local agent to the 
requester. An organization that provides this information is not 
required to respond further to the requester. However, the penalty 
provisions of sections 6652(c)(1)(C), 6652(c)(1)(D), and 6685 continue 
to apply to the tax-exempt organization if the organization's local 
agent fails to provide the documents as required under section 6104(d).
    (2) Request for copies in writing--(i) In general. A tax-exempt 
organization must honor a written request for a copy of documents (or 
the requested part) that the organization is required to provide under 
section 6104(d) if the request--
    (A) Is addressed to, and delivered by mail, electronic mail, 
facsimile, or a private delivery service as defined in section 7502(f) 
to a principal, regional or district office of the organization; and
    (B) Sets forth the address to which the copy of the documents should 
be sent.
    (ii) Time and manner of fulfilling written requests--(A) In general. 
A tax-exempt organization receiving a written request for a copy shall 
mail the copy of the requested documents (or the requested parts of 
documents) within 30 days from the date it receives the request. 
However, if a tax-exempt organization requires payment in advance, it is 
only required to provide the copies within 30 days from the date it 
receives payment. For rules relating to payment, see paragraph (d)(3) of 
this section. In the absence of evidence to the contrary, a request or 
payment that is mailed shall be deemed to be received by an organization 
7 days after the date of the postmark. A request that is transmitted to 
the organization by electronic mail or facsimile shall be deemed 
received the day the request is transmitted successfully. If an 
organization requiring payment in advance receives a written request 
without payment or with an insufficient payment, the organization must, 
within 7 days from the date it receives the request, notify the 
requester of its prepayment policy and the amount due. A copy is deemed 
provided on the date of the postmark or private delivery mark (or if 
sent by certified or registered mail, the date of registration or the 
date of the postmark on the sender's receipt). If an individual making a 
request consents, a tax-exempt organization may provide a copy of the 
requested document exclusively by electronic mail. In such case, the 
material is provided on the date the organization successfully transmits 
the electronic mail.
    (B) Request for a copy of parts of document. A tax-exempt 
organization must fulfill a request for a copy of the organization's 
entire application for tax exemption or annual information return or any 
specific part or schedule of its application or return. A request for a

[[Page 96]]

copy of less than the entire application or less than the entire return 
must specifically identify the requested part or schedule.
    (C) Agents for providing copies. A tax-exempt organization subject 
to the requirements of this section may retain an agent to process 
written requests for copies of its documents. The agent shall provide 
the copies within the time limits and under the conditions that apply to 
the organization itself. For example, if the organization received the 
request first (e.g., before the agent), the deadline for providing a 
copy in response to a request shall be determined by reference to when 
the organization received the request, not when the agent received the 
request. An organization that transfers a request for a copy to such an 
agent is not required to respond further to the request. If the 
organization's agent fails to provide the documents as required under 
section 6104(d), however, the penalty provisions of sections 
6652(c)(1)(C), 6652(c)(1)(D), and 6685 continue to apply to the tax-
exempt organization.
    (3) Fees for copies--(i) In general. A tax-exempt organization may 
charge a reasonable fee for providing copies. A fee is reasonable only 
if it is no more than the total of the applicable per-page copying 
charge prescribed by the fee schedule promulgated pursuant to section 
(a)(4)(A)(i) of the Freedom of Information Act, 5 U.S.C. 552, by the 
Commissioner from time to time, and the actual postage costs incurred by 
the organization to send the copies. The applicable per-page copying 
charge shall be determined without regard to any applicable fee 
exclusion provided in the fee schedule for an initial or de minimis 
number of pages (e.g. the first 100 pages). Before the organization 
provides the documents, it may require that the individual requesting 
copies of the documents pay the fee. If the organization has provided an 
individual making a request with notice of the fee, and the individual 
does not pay the fee within 30 days, or if the individual pays the fee 
by check and the check does not clear upon deposit, the organization may 
disregard the request.
    (ii) Form of payment--(A) Request made in person. If a tax-exempt 
organization charges a fee for copying (as permitted under paragraph 
(d)(3)(i) of this section), it shall accept payment by cash and money 
order for requests made in person. The organization may accept other 
forms of payment, such as credit cards and personal checks.
    (B) Request made in writing. If a tax-exempt organization charges a 
fee for copying and postage (as permitted under paragraph (d)(3)(i) of 
this section), it shall accept payment by certified check, money order, 
and either personal check or credit card for requests made in writing. 
The organization may accept other forms of payment.
    (iii) Avoidance of unexpected fees. Where a tax-exempt organization 
does not require prepayment and a requester does not enclose payment 
with a request, an organization must receive consent from a requester 
before providing copies for which the fee charged for copying and 
postage exceeds $20.
    (iv) Responding to inquiries of fees charged. In order to facilitate 
a requester's ability to receive copies promptly, a tax-exempt 
organization shall respond to any questions from potential requesters 
concerning its fees for copying and postage. For example, the 
organization shall inform the requester of its charge for copying and 
mailing its application for exemption and each annual information 
return, with and without attachments, so that a requester may include 
payment with the request for copies.
    (e) Documents to be provided by regional and district offices. 
Except as otherwise provided, a regional or district office of a tax-
exempt organization must satisfy the same rules as the principal office 
with respect to allowing public inspection and providing copies of its 
application for tax exemption and annual information returns. A regional 
or district office is not required, however, to make its annual 
information return available for inspection or to provide copies until 
30 days after the date the return is required to be filed (including any 
extension of time that is granted for filing such return) or is actually 
filed, whichever is later.

[[Page 97]]

    (f) Documents to be provided by local and subordinate 
organizations--(1) Applications for tax exemption. Except as otherwise 
provided, a tax-exempt organization that did not file its own 
application for tax exemption (because it is a local or subordinate 
organization covered by a group exemption letter referred to in Sec. 
1.508-1 of this chapter) must, upon request, make available for public 
inspection, or provide copies of, the application submitted to the 
Internal Revenue Service by the central or parent organization to obtain 
the group exemption letter and those documents which were submitted by 
the central or parent organization to include the local or subordinate 
organization in the group exemption letter. However, if the central or 
parent organization submits to the Internal Revenue Service a list or 
directory of local or subordinate organizations covered by the group 
exemption letter, the local or subordinate organization is required to 
provide only the application for the group exemption ruling and the 
pages of the list or directory that specifically refer to it. The local 
or subordinate organization shall permit public inspection, or comply 
with a request for copies made in person, within a reasonable amount of 
time (normally not more than 2 weeks) after receiving a request made in 
person for public inspection or copies and at a reasonable time of day. 
In a case where the requester seeks inspection, the local or subordinate 
organization may mail a copy of the applicable documents to the 
requester within the same time period in lieu of allowing an inspection. 
In such a case, the organization may charge the requester for copying 
and actual postage costs only if the requester consents to the charge. 
If the local or subordinate organization receives a written request for 
a copy of its application for tax exemption, it must fulfill the request 
in the time and manner specified in paragraph (d)(2) of this section. 
The requester has the option of requesting from the central or parent 
organization, at its principal office, inspection or copies of the 
application for group exemption and the material submitted by the 
central or parent organization to include a local or subordinate 
organization in the group ruling. If the central or parent organization 
submits to the Internal Revenue Service a list or directory of local or 
subordinate organizations covered by the group exemption letter, it must 
make such list or directory available for public inspection, but it is 
required to provide copies only of those pages of the list or directory 
that refer to particular local or subordinate organizations specified by 
the requester. The central or parent organization must fulfill such 
requests in the time and manner specified in paragraphs (c) and (d) of 
this section.
    (2) Annual information returns. A local or subordinate organization 
that does not file its own annual information return (because it is 
affiliated with a central or parent organization that files a group 
return pursuant to Sec. 1.6033-2(d) of this chapter) must, upon 
request, make available for public inspection, or provide copies of, the 
group returns filed by the central or parent organization. However, if 
the group return includes separate schedules with respect to each local 
or subordinate organization included in the group return, the local or 
subordinate organization receiving the request may omit any schedules 
relating only to other organizations included in the group return. The 
local or subordinate organization shall permit public inspection, or 
comply with a request for copies made in person, within a reasonable 
amount of time (normally not more than 2 weeks) after receiving a 
request made in person for public inspection or copies and at a 
reasonable time of day. In a case where the requester seeks inspection, 
the local or subordinate organization may mail a copy of the applicable 
documents to the requester within the same time period in lieu of 
allowing an inspection. In such a case, the organization may charge the 
requester for copying and actual postage costs only if the requester 
consents to the charge. If the local or subordinate organization 
receives a written request for a copy of its annual information return, 
it must fulfill the request by providing a copy of the group return in 
the time and manner specified in paragraph (d)(2) of this section. The 
requester has the option of requesting from the central or

[[Page 98]]

parent organization, at its principal office, inspection or copies of 
group returns filed by the central or parent organization. The central 
or parent organization must fulfill such requests in the time and manner 
specified in paragraphs (c) and (d) of this section.
    (3) Failure to comply. If an organization fails to comply with the 
requirements specified in this paragraph, the penalty provisions of 
sections 6652(c)(1)(C), 6652(c)(1)(D), and 6685 apply.
    (g) Failure to comply with public inspection or copying 
requirements. If a tax-exempt organization denies an individual's 
request for inspection or a copy of an application for tax exemption or 
an annual information return as required under this section, and the 
individual wants to alert the Internal Revenue Service to the possible 
need for enforcement action, the individual may provide a statement to 
the district director for the key district in which the applicable tax-
exempt organization's principal office is located (or such other person 
as the Commissioner may designate) that describes the reason why the 
individual believes the denial was in violation of the requirements of 
section 6104(d).
    (h) Effective date--(1) In general. For a tax-exempt organization, 
other than a private foundation, this section is applicable June 8, 
1999. For a private foundation, this section is applicable (except as 
provided in paragraph (h)(2) of this section) beginning March 13, 2000.
    (2) Private foundation annual information returns. This section does 
not apply to any private foundation return the due date for which 
(determined with regard to any extension of time for filing) is before 
the applicable date for private foundations specified in paragraph 
(h)(1) of this section.

[T.D. 8818, 64 FR 17285, Apr. 9, 1999. Redesignated and amended by T.D. 
8861, 65 FR 2033, 2034, Jan. 13, 2000, as amended by T.D. 9070, 68 FR 
40769, July 9, 2003]



Sec. 301.6104(d)-2  Making applications and returns widely available.

    (a) In general. A tax-exempt organization is not required to comply 
with a request for a copy of its application for tax exemption or an 
annual information return pursuant to Sec. 301.6104(d)-1(a) if the 
organization has made the requested document widely available in 
accordance with paragraph (b) of this section. An organization that 
makes its application for tax exemption and/or annual information return 
widely available must nevertheless make the document available for 
public inspection as required under Sec. 301.6104(d)-1(a), as 
applicable.
    (b) Widely available--(1) In general. A tax-exempt organization 
makes its application for tax exemption and/or an annual information 
return widely available if the organization complies with the 
requirements specified in paragraph (b)(2) of this section, and if the 
organization satisfies the requirements of paragraph (d) of this 
section.
    (2) Internet posting--(i) In general. A tax-exempt organization can 
make its application for tax exemption and/or an annual information 
return widely available by posting the document on a World Wide Web page 
that the tax-exempt organization establishes and maintains or by having 
the document posted, as part of a database of similar documents of other 
tax-exempt organizations, on a World Wide Web page established and 
maintained by another entity. The document will be considered widely 
available only if--
    (A) the World Wide Web page through which it is available clearly 
informs readers that the document is available and provides instructions 
for downloading it;
    (B) the document is posted in a format that, when accessed, 
downloaded, viewed and printed in hard copy, exactly reproduces the 
image of the application for tax exemption or annual information return 
as it was originally filed with the Internal Revenue Service, except for 
any information permitted by statute to be withheld from public 
disclosure. (See section 6104(d)(3) and Sec. 301.6104(d)-3(b)(3) and 
(4)); and
    (C) any individual with access to the Internet can access, download, 
view and print the document without special computer hardware or 
software required for that format (other than software that is readily 
available to members of the public without payment of any fee) and 
without payment of a fee to the tax-exempt organization or to

[[Page 99]]

another entity maintaining the World Wide Web page.
    (ii) Transition rule. A tax-exempt organization that posted its 
application for tax exemption or its annual information returns on a 
World Wide Web page on or before April 9, 1999 in a manner consistent 
with regulation project REG-246250-96 (1997 C.B. 627) (See Sec. 
601.601(d)(2) of this chapter.) will be treated as satisfying the 
requirements of paragraphs (b)(2)(i)(B) & (C) of this section until June 
8, 2000 provided that an individual can access, download, view and print 
the document without payment of a fee to the tax-exempt organization or 
to another entity maintaining the World Wide Web page.
    (iii) Reliability and accuracy. In order for the document to be 
widely available through an Internet posting, the entity maintaining the 
World Wide Web page must have procedures for ensuring the reliability 
and accuracy of the document that it posts on the page and must take 
reasonable precautions to prevent alteration, destruction or accidental 
loss of the document when posted on its page. In the event that a posted 
document is altered, destroyed or lost, the entity must correct or 
replace the document.
    (c) Discretion to prescribe other methods for making documents 
widely available. The Commissioner, from time to time, may prescribe 
additional methods, other than an Internet posting meeting the 
requirements of paragraph (b)(2) of this section, that a tax-exempt 
organization may use to make its documents widely available.
    (d) Notice requirement. If a tax-exempt organization has made its 
application for tax exemption and/or an annual information return widely 
available it must notify any individual requesting a copy where the 
documents are available (including the address on the World Wide Web, if 
applicable). If the request is made in person, the organization shall 
provide such notice to the individual immediately. If the request is 
made in writing, the notice shall be provided within 7 days of receiving 
the request.
    (e) Effective date. For a tax-exempt organization, other than a 
private foundation, this section is applicable June 8, 1999. For a 
private foundation, this section is applicable beginning March 13, 2000.

[T.D. 8818, 64 FR 17285, Apr. 9, 1999. Redesignated and amended by T.D. 
8861, 65 FR 2034, Jan. 13, 2000]



Sec. 301.6104(d)-3  Tax-exempt organization subject to harassment campaign.

    (a) In general. If the district director for the key district in 
which the organization's principal office is located (or such other 
person as the Commissioner may designate) determines that the 
organization is the subject of a harassment campaign and compliance with 
the requests that are part of the harassment campaign would not be in 
the public interest, a tax-exempt organization is not required to 
fulfill a request for a copy (as otherwise required by Sec. 
301.6104(d)-1(a)) that it reasonably believes is part of the campaign.
    (b) Harassment. A group of requests for an organization's 
application for tax exemption or annual information returns is 
indicative of a harassment campaign if the requests are part of a single 
coordinated effort to disrupt the operations of a tax-exempt 
organization, rather than to collect information about the organization. 
Whether a group of requests constitutes such a harassment campaign 
depends on the relevant facts and circumstances. Facts and circumstances 
that indicate the organization is the subject of a harassment campaign 
include: a sudden increase in the number of requests; an extraordinary 
number of requests made through form letters or similarly worded 
correspondence; evidence of a purpose to deter significantly the 
organization's employees or volunteers from pursuing the organization's 
exempt purpose; requests that contain language hostile to the 
organization; direct evidence of bad faith by organizers of the 
purported harassment campaign; evidence that the organization has 
already provided the requested documents to a member of the purported 
harassing group; and a demonstration by the tax-exempt organization that 
it routinely provides copies of its documents upon request.
    (c) Special rule for multiple requests from a single individual or 
address. A tax-exempt organization may disregard

[[Page 100]]

any request for copies of all or part of any document beyond the first 
two received within any 30-day period or the first four received within 
any one-year period from the same individual or the same address, 
regardless of whether the district director for the applicable key 
district (or such other person as the Commissioner may designate) has 
determined that the organization is subject to a harassment campaign.
    (d) Harassment determination procedure. A tax-exempt organization 
may apply for a determination that it is the subject of a harassment 
campaign and that compliance with requests that are part of the campaign 
would not be in the public interest by submitting a signed application 
to the district director for the key district where the organization's 
principal office is located (or such other person as the Commissioner 
may designate). The application shall consist of a written statement 
giving the organization's name, address, employer identification number, 
and the name, address and telephone number of the person to contact 
regarding the application. The application must describe in detail the 
facts and circumstances that the organization believes support a 
determination that the organization is subject to a harassment campaign. 
The organization may suspend compliance with respect to any request for 
a copy of its documents based on its reasonable belief that such request 
is part of a harassment campaign, provided that the organization files 
an application for a determination within 10 business days from the day 
the organization first suspends compliance with respect to a request 
that is part of the alleged campaign. In addition, the organization may 
suspend compliance with any request it reasonably believes to be part of 
the harassment campaign until it receives a response to its application 
for a harassment campaign determination.
    (e) Effect of a harassment determination. If the appropriate 
district director (or such other person as the Commissioner may 
designate) determines that a tax-exempt organization is the subject of a 
harassment campaign and it is not in the public interest to comply with 
requests that are part of the campaign, such organization is not 
required to comply with any request for copies that it reasonably 
believes is part of the campaign. This determination may be subject to 
other terms and conditions set forth by the district director (or such 
other person as the Commissioner may designate). A person (as defined in 
section 6652(c)(4)(C)) shall not be liable for any penalty under 
sections 6652(c)(1)(C), 6652(c)(1)(D) or 6685 for failing to timely 
provide a copy of documents in response to a request covered in a 
request for a harassment determination if the organization fulfills the 
request within 30 days of receiving a determination from the district 
director (or such other person as the Commissioner may designate) that 
the organization is not subject to a harassment campaign. 
Notwithstanding the preceding sentence, if the district director (or 
such other person as the Commissioner may designate) further determines 
that the organization did not have a reasonable basis for requesting a 
determination that it was subject to a harassment campaign or reasonable 
belief that a request was part of the campaign, the person (as defined 
in section 6652(c)(4)(C)) remains liable for any penalties that result 
from not providing the copies in a timely fashion.
    (f) Examples. The provisions of this section are illustrated by the 
following examples:

    Example 1. V, a tax-exempt organization, receives an average of 25 
requests per month for copies of its three most recent information 
returns. In the last week of May, V is mentioned in a national news 
magazine story that discusses information contained in V's 1996 
information return. From June 1 through June 30, 1997 V receives 200 
requests for a copy of its documents. Other than the sudden increase in 
the number of requests for copies, there is no other evidence to suggest 
that the requests are part of an organized campaign to disrupt V's 
operations. Although fulfilling the requests will place a burden on V, 
the facts and circumstances do not show that V is subject to a 
harassment campaign. Therefore, V must respond timely to each of the 200 
requests it receives in June.
    Example 2. Y is a tax-exempt organization that receives an average 
of 10 requests a month for copies of its annual information returns. 
From March 1, 1997 to March 31, 1997, Y receives 25 requests for copies 
of its documents. Fifteen of the requests come

[[Page 101]]

from individuals Y knows to be active members of the board of 
organization X. In the past X has opposed most of the positions and 
policies that Y advocates. None of the requesters have asked for copies 
of documents from Y during the past year. Y has no other information 
about the requesters. Although the facts and circumstances show that 
some of the individuals making requests are hostile to Y, they do not 
show that the individuals have organized a campaign that will place 
enough of a burden on Y to disrupt its activities. Therefore, Y must 
respond to each of the 25 requests it receives in March.
    Example 3. The facts are the same as in Example 2, except that 
during March 1997, Y receives 100 requests. In addition to the fifteen 
requests from members of organization X's board, 75 of the requests are 
similarly worded form letters. Y discovers that several individuals 
associated with X have urged the X's members and supporters, via the 
Internet, to submit as many requests for a copy of Y's annual 
information returns as they can. The message circulated on the Internet 
provides a form letter that can be used to make the request. Both the 
appeal via the Internet and the requests for copies received by Y 
contain hostile language. During the same year but before the 100 
requests were received, Y provided copies of its annual information 
returns to the headquarters of X. The facts and circumstances show that 
the 75 form letter requests are coordinated for the purpose of 
disrupting Y's operations, and not to collect information that has 
already been provided to an association representing the requesters' 
interests. Thus, the fact and circumstances show that Y is the subject 
of an organized harassment campaign. To confirm that it may disregard 
the 90 requests that constitute the harassment campaign, Y must apply to 
the applicable district director (or such other person as the 
Commissioner may designate) for a determination. Y may disregard the 90 
requests while the application is pending and after the determination is 
received. However, it must respond within the applicable time limits to 
the 10 requests it received in March that were not part of the 
harassment campaign.
    Example 4. The facts are the same as in Example 3, except that Y 
receives 5 additional requests from 5 different representatives of the 
news media who in the past have published articles about Y. Some of 
these articles were hostile to Y. Normally, the Internal Revenue Service 
will not consider a tax-exempt organization to have a reasonable belief 
that a request from a member of the news media is part of a harassment 
campaign absent additional facts that demonstrate that the organization 
could reasonably believe the particular requests from the news media to 
be part of a harassment campaign. Thus, absent such additional facts, Y 
must respond within the applicable time limits to the 5 requests that it 
received from representatives of the news media.

    (g) Effective date. For a tax-exempt organization, other than a 
private foundation, this section is applicable June 8, 1999. For a 
private foundation, this section is applicable beginning March 13, 2000.

[T.D. 8818, 64 FR 17289, Apr. 9, 1999. Redesignated and amended by T.D. 
8861, 65 FR 2034, Jan. 13, 2000]



Sec. 301.6105-1  Compilation of relief from excess profits tax cases.

    Pursuant to and in accordance with the provisions of section 6105, 
the Commissioner shall make and publish in the Federal Register a 
compilation, for each fiscal year beginning after June 30, 1941, of all 
cases in which relief under the provisions of section 722 of the 
Internal Revenue Code of 1939, as amended, has been allowed during such 
fiscal year by the Commissioner and by the Tax Court of the United 
States.



Sec. 301.6106-1  Publicity of unemployment tax returns.

    For provisions relating to publicity of returns made in respect of 
unemployment tax imposed by chapter 23 of the Code, see Sec. Sec. 
301.6103(a)-1, 301.6103 (b)-1, 301.6103(c)-1, 301.6103 (d)-1, and 
301.6103(f)-1.



Sec. 301.6108-1  Publication of statistics of income.

    Pursuant to and in accordance with the provisions of section 6108, 
statistics reasonably available with respect to the operation of the 
income tax laws shall be prepared and published annually by the 
Commissioner.



Sec. 301.6109-1  Identifying numbers.

    (a) In general--(1) Taxpayer identifying numbers--(i) Principal 
types. There are several types of taxpayer identifying numbers that 
include the following: social security numbers, Internal Revenue Service 
(IRS) individual taxpayer identification numbers, IRS adoption taxpayer 
identification numbers, and employer identification numbers. Social 
security numbers take the form 000-00-0000. IRS individual taxpayer 
identification numbers and IRS adoption taxpayer identification numbers

[[Page 102]]

also take the form 000-00-0000 but include a specific number or numbers 
designated by the IRS. Employer identification numbers take the form 00-
0000000.
    (ii) Uses. Social security numbers, IRS individual taxpayer 
identification numbers, and IRS adoption taxpayer identification numbers 
are used to identify individual persons. Employer identification numbers 
are used to identify employers. For the definition of social security 
number and employer identification number, see Sec. Sec. 301.7701-11 
and 301.7701-12, respectively. For the definition of IRS individual 
taxpayer identification number, see paragraph (d)(3) of this section. 
For the definition of IRS adoption taxpayer identification number, see 
Sec. 301.6109-3(a). Except as otherwise provided in applicable 
regulations under this chapter or on a return, statement, or other 
document, and related instructions, taxpayer identifying numbers must be 
used as follows:
    (A) Except as otherwise provided in paragraph (a)(1)(ii)(B) and (D) 
of this section, and Sec. 301.6109-3, an individual required to furnish 
a taxpayer identifying number must use a social security number.
    (B) Except as otherwise provided in paragraph (a)(1)(ii)(D) of this 
section and Sec. 301.6109-3, an individual required to furnish a 
taxpayer identifying number but who is not eligible to obtain a social 
security number must use an IRS individual taxpayer identification 
number.
    (C) Any person other than an individual (such as corporations, 
partnerships, nonprofit associations, trusts, estates, and similar 
nonindividual persons) that is required to furnish a taxpayer 
identifying number must use an employer identification number.
    (D) An individual, whether U.S. or foreign, who is an employer or 
who is engaged in a trade or business as a sole proprietor should use an 
employer identification number as required by returns, statements, or 
other documents and their related instructions.
    (2) A trust that is treated as owned by one or more persons pursuant 
to sections 671 through 678--(i) Obtaining a taxpayer identification 
number--(A) General rule. Unless the exception in paragraph (a)(2)(i)(B) 
of this section applies, a trust that is treated as owned by one or more 
persons under sections 671 through 678 must obtain a taxpayer 
identification number as provided in paragraph (d)(2) of this section.
    (B) Exception for a trust all of which is treated as owned by one 
grantor or one other person and that reports under Sec. 1.671-
4(b)(2)(i)(A) of this chapter. A trust that is treated as owned by one 
grantor or one other person under sections 671 through 678 need not 
obtain a taxpayer identification number, provided the trust reports 
pursuant to Sec. 1.671-4(b)(2)(i)(A) of this chapter. The trustee must 
obtain a taxpayer identification number as provided in paragraph (d)(2) 
of this section for the first taxable year that the trust is no longer 
owned by one grantor or one other person or for the first taxable year 
that the trust does not report pursuant to Sec. 1.671-4(b)(2)(i)(A) of 
this chapter.
    (ii) Obligations of persons who make payments to certain trusts. Any 
payor that is required to file an information return with respect to 
payments of income or proceeds to a trust must show the name and 
taxpayer identification number that the trustee has furnished to the 
payor on the return. Regardless of whether the trustee furnishes to the 
payor the name and taxpayer identification number of the grantor or 
other person treated as an owner of the trust, or the name and taxpayer 
identification number of the trust, the payor must furnish a statement 
to recipients to the trustee of the trust, rather than to the grantor or 
other person treated as the owner of the trust. Under these 
circumstances, the payor satisfies the obligation to show the name and 
taxpayer identification number of the payee on the information return 
and to furnish a statement to recipients to the person whose taxpayer 
identification number is required to be shown on the form.
    (3) Obtaining a taxpayer identification number for a trust, or 
portion of a trust, following the death of the individual treated as the 
owner--(i) In general--(A) A trust all of which was treated as owned by 
a decedent. In general, a trust all of which is treated as owned by a 
decedent under subpart E (section 671 and

[[Page 103]]

following), part I, subchapter J, chapter 1 of the Internal Revenue Code 
as of the date of the decedent's death must obtain a new taxpayer 
identification number following the death of the decedent if the trust 
will continue after the death of the decedent.
    (B) Taxpayer identification number of trust with multiple owners. 
With respect to a portion of a trust treated as owned under subpart E 
(section 671 and following), part I, subchapter J, chapter 1 (subpart E) 
of the Internal Revenue Code by a decedent as of the date of the 
decedent's death, if, following the death of the decedent, the portion 
treated as owned by the decedent remains part of the original trust and 
the other portion (or portions) of the trust continues to be treated as 
owned under subpart E by a grantor(s) or other person(s), the trust 
reports under the taxpayer identification number assigned to the trust 
prior to the decedent's death and the portion of the trust treated as 
owned by the decedent prior to the decedent's death (assuming the 
decedent's portion of the trust is not treated as terminating upon the 
decedent's death) continues to report under the taxpayer identification 
number used for reporting by the other portion (or portions) of the 
trust. For example, if a trust, reporting under Sec. 1.671-4(a) of this 
chapter, is treated as owned by three persons and one of them dies, the 
trust, including the portion of the trust no longer treated as owned by 
a grantor or other person, continues to report under the tax 
identification number assigned to the trust prior to the death of that 
person. See Sec. 1.671-4(a) of this chapter regarding rules for filing 
the Form 1041, ``U.S. Income Tax Return for Estates and Trusts,'' where 
only a portion of the trust is treated as owned by one or more persons 
under subpart E.
    (ii) Furnishing correct taxpayer identification number to payors 
following the death of the decedent. If the trust continues after the 
death of the decedent and is required to obtain a new taxpayer 
identification number under paragraph (a)(3)(i)(A) of this section, the 
trustee must furnish payors with a new Form W-9, ``Request for Taxpayer 
Identification Number and Certification,'' or an acceptable substitute 
Form W-9, containing the new taxpayer identification number required 
under paragraph (a)(3)(i)(A) of this section, the name of the trust, and 
the address of the trustee.
    (4) Taxpayer identification number to be used by a trust upon 
termination of a section 645 election--(i) If there is an executor. Upon 
the termination of the section 645 election period, if there is an 
executor, the trustee of the former electing trust may need to obtain a 
taxpayer identification number. If Sec. 1.645-1(g) of this chapter 
regarding the appointment of an executor after a section 645 election is 
made applies to the electing trust, the electing trust must obtain a new 
TIN upon termination of the election period. See the instructions to the 
Form 1041 for whether a new taxpayer identification number is required 
for other former electing trusts.
    (ii) If there is no executor. Upon termination of the section 645 
election period, if there is no executor, the trustee of the former 
electing trust must obtain a new taxpayer identification number.
    (iii) Requirement to provide taxpayer identification number to 
payors. If the trustee is required to obtain a new taxpayer 
identification number for a former electing trust pursuant to this 
paragraph (a)(4), or pursuant to the instructions to the Form 1041, the 
trustee must furnish all payors of the trust with a completed Form W-9 
or acceptable substitute Form W-9 signed under penalties of perjury by 
the trustee providing each payor with the name of the trust, the new 
taxpayer identification number, and the address of the trustee.
    (5) Persons treated as payors. For purposes of paragraphs (a)(2), 
(3), and (4) of this section, a payor is a person described in 
Sec. Sec. 1.671-4(b)(4) of this chapter.
    (6) Effective date. Paragraphs (a)(3), (4), and (5) of this section 
apply to trusts of decedents dying on or after December 24, 2002.
    (b) Requirement to furnish one's own number--(1) U.S. persons. Every 
U.S. person who makes under this title a return, statement, or other 
document must furnish its own taxpayer identifying number as required by 
the forms and the accompanying instructions. A

[[Page 104]]

U.S. person whose number must be included on a document filed by another 
person must give the taxpayer identifying number so required to the 
other person on request. For penalties for failure to supply taxpayer 
identifying numbers, see sections 6721 through 6724. For provisions 
dealing specifically with the duty of employees with respect to their 
social security numbers, see Sec. 31.6011(b)-2 (a) and (b) of this 
chapter (Employment Tax Regulations). For provisions dealing 
specifically with the duty of employers with respect to employer 
identification numbers, see Sec. 31.6011(b)-1 of this chapter 
(Employment Tax Regulations).
    (2) Foreign persons. The provisions of paragraph (b)(1) of this 
section regarding the furnishing of one's own number shall apply to the 
following foreign persons--
    (i) A foreign person that has income effectively connected with the 
conduct of a U.S. trade or business at any time during the taxable year;
    (ii) A foreign person that has a U.S. office or place of business or 
a U.S. fiscal or paying agent at any time during the taxable year;
    (iii) A nonresident alien treated as a resident under section 
6013(g) or (h);
    (iv) A foreign person that makes a return of tax (including income, 
estate, and gift tax returns), an amended return, or a refund claim 
under this title but excluding information returns, statements, or 
documents;
    (v) A foreign person that makes an election under Sec. 301.7701-
3(c);
    (vi) A foreign person that furnishes a withholding certificate 
described in Sec. 1.1441-1(e)(2) or (3) of this chapter or Sec. 
1.1441-5(c)(2)(iv) or (3)(iii) of this chapter to the extent required 
under Sec. 1.1441-1(e)(4)(vii) of this chapter;
    (vii) A foreign person whose taxpayer identifying number is required 
to be furnished on any return, statement, or other document as required 
by the income tax regulations under section 897 or 1445. This paragraph 
(b)(2)(vii) applies as of November 3, 2003; and
    (viii) A foreign person that furnishes a withholding certificate 
described in Sec. 1.1446-1(c)(2) or (3) of this chapter or whose 
taxpayer identification number is required to be furnished on any 
return, statement, or other document as required by the income tax 
regulations under section 1446. This paragraph (b)(2)(viii) shall apply 
to partnership taxable years beginning after May 18, 2005, or such 
earlier time as the regulations under Sec. Sec. 1.1446-1 through 
1.1446-5 of this chapter apply by reason of an election under Sec. 
1.1446-7 of this chapter.
    (c) Requirement to furnish another's number. Every person required 
under this title to make a return, statement, or other document must 
furnish such taxpayer identifying numbers of other U.S. persons and 
foreign persons that are described in paragraph (b)(2)(i), (ii), (iii), 
(vi), (vii), or (viii) of this section as required by the forms and the 
accompanying instructions. The taxpayer identifying number of any person 
furnishing a withholding certificate referred to in paragraph (b)(2)(vi) 
or (viii) of this section shall also be furnished if it is actually 
known to the person making a return, statement, or other document 
described in this paragraph (c). If the person making the return, 
statement, or other document does not know the taxpayer identifying 
number of the other person, and such other person is one that is 
described in paragraph (b)(2)(i), (ii), (iii), (vi), (vii), or (viii) of 
this section, such person must request the other person's number. The 
request should state that the identifying number is required to be 
furnished under authority of law. When the person making the return, 
statement, or other document does not know the number of the other 
person, and has complied with the request provision of this paragraph 
(c), such person must sign an affidavit on the transmittal document 
forwarding such returns, statements, or other documents to the Internal 
Revenue Service, so stating. A person required to file a taxpayer 
identifying number shall correct any errors in such filing when such 
person's attention has been drawn to them. References in this paragraph 
(c) to paragraph (b)(2)(viii) of this section shall apply to partnership 
taxable years beginning after May 18, 2005, or such earlier time as the 
regulations under Sec. Sec. 1.1446-1 through 1.1446-5 of this chapter 
apply by reason of an election under Sec. 1.1446-7 of this chapter.
    (d) Obtaining a taxpayer identifying number--(1) Social security 
number. Any

[[Page 105]]

individual required to furnish a social security number pursuant to 
paragraph (b) of this section shall apply for one, if he has not done so 
previously, on Form SS-5, which may be obtained from any Social Security 
Administration or Internal Revenue Service office. He shall make such 
application far enough in advance of the first required use of such 
number to permit issuance of the number in time for compliance with such 
requirement. The form, together with any supplementary statement, shall 
be prepared and filed in accordance with the form, instructions, and 
regulations applicable thereto, and shall set forth fully and clearly 
the data therein called for. Individuals who are ineligible for or do 
not wish to participate in the benefits of the social security program 
shall nevertheless obtain a social security number if they are required 
to furnish such a number pursuant to paragraph (b) of this section.
    (2) Employer identification number--(i) In general. Any person 
required to furnish an employer identification number must apply for 
one, if not done so previously, on Form SS-4. A Form SS-4 may be 
obtained from any office of the Internal Revenue Service, U.S. consular 
office abroad, or from an acceptance agent described in paragraph 
(d)(3)(iv) of this section. The person must make such application far 
enough in advance of the first required use of the employer 
identification number to permit issuance of the number in time for 
compliance with such requirement. The form, together with any 
supplementary statement, must be prepared and filed in accordance with 
the form, accompanying instructions, and relevant regulations, and must 
set forth fully and clearly the requested data.
    (ii) [Reserved]
    (iii) Special rule for Section 708(b)(1)(B) terminations. A new 
partnership that is formed as a result of the termination of a 
partnership under section 708(b)(1)(B) will retain the employer 
identification number of the terminated partnership. This paragraph 
(d)(2)(iii) applies to terminations of partnerships under section 
708(b)(1)(B) occurring on or after May 9, 1997; however, this paragraph 
(d)(2)(iii) may be applied to terminations occurring on or after May 9, 
1996, provided that the partnership and its partners apply this 
paragraph (d)(2)(iii) to the termination in a consistent manner.
    (3) IRS individual taxpayer identification number--(i) Definition. 
The term IRS individual taxpayer identification number means a taxpayer 
identifying number issued to an alien individual by the Internal Revenue 
Service, upon application, for use in connection with filing 
requirements under this title. The term IRS individual taxpayer 
identification number does not refer to a social security number or an 
account number for use in employment for wages. For purposes of this 
section, the term alien individual means an individual who is not a 
citizen or national of the United States.
    (ii) General rule for obtaining number. Any individual who is not 
eligible to obtain a social security number and is required to furnish a 
taxpayer identifying number must apply for an IRS individual taxpayer 
identification number on Form W-7, Application for IRS Individual 
Taxpayer Identification Number, or such other form as may be prescribed 
by the Internal Revenue Service. Form W-7 may be obtained from any 
office of the Internal Revenue Service, U.S. consular office abroad, or 
any acceptance agent described in paragraph (d)(3)(iv) of this section. 
The individual shall furnish the information required by the form and 
accompanying instructions, including the individual's name, address, 
foreign tax identification number (if any), and specific reason for 
obtaining an IRS individual taxpayer identification number. The 
individual must make such application far enough in advance of the first 
required use of the IRS individual taxpayer identification number to 
permit issuance of the number in time for compliance with such 
requirement. The application form, together with any supplementary 
statement and documentation, must be prepared and filed in accordance 
with the form, accompanying instructions, and relevant regulations, and 
must set forth fully and clearly the requested data.
    (iii) General rule for assigning number. Under procedures issued by 
the Internal Revenue Service, an IRS individual taxpayer identification 
number will be

[[Page 106]]

assigned to an individual upon the basis of information reported on Form 
W-7 (or such other form as may be prescribed by the Internal Revenue 
Service) and any such accompanying documentation that may be required by 
the Internal Revenue Service. An applicant for an IRS individual 
taxpayer identification number must submit such documentary evidence as 
the Internal Revenue Service may prescribe in order to establish alien 
status and identity. Examples of acceptable documentary evidence for 
this purpose may include items such as an original (or a certified copy 
of the original) passport, driver's license, birth certificate, identity 
card, or immigration documentation.
    (iv) Acceptance agents--(A) Agreements with acceptance agents. A 
person described in paragraph (d)(3)(iv)(B) of this section will be 
accepted by the Internal Revenue Service to act as an acceptance agent 
for purposes of the regulations under this section upon entering into an 
agreement with the Internal Revenue Service, under which the acceptance 
agent will be authorized to act on behalf of taxpayers seeking to obtain 
a taxpayer identifying number from the Internal Revenue Service. The 
agreement must contain such terms and conditions as are necessary to 
insure proper administration of the process by which the Internal 
Revenue Service issues taxpayer identifying numbers to foreign persons, 
including proof of their identity and foreign status. In particular, the 
agreement may contain--
    (1) Procedures for providing Form SS-4 and Form W-7, or such other 
necessary form to applicants for obtaining a taxpayer identifying 
number;
    (2) Procedures for providing assistance to applicants in completing 
the application form or completing it for them;
    (3) Procedures for collecting, reviewing, and maintaining, in the 
normal course of business, a record of the required documentation for 
assignment of a taxpayer identifying number;
    (4) Procedures for submitting the application form and required 
documentation to the Internal Revenue Service, or if permitted under the 
agreement, submitting the application form together with a certification 
that the acceptance agent has reviewed the required documentation and 
that it has no actual knowledge or reason to know that the documentation 
is not complete or accurate;
    (5) Procedures for assisting taxpayers with notification procedures 
described in paragraph (g)(2) of this section in the event of change of 
foreign status;
    (6) Procedures for making all documentation or other records 
furnished by persons applying for a taxpayer identifying number promptly 
available for review by the Internal Revenue Service, upon request; and
    (7) Provisions that the agreement may be terminated in the event of 
a material failure to comply with the agreement, including failure to 
exercise due diligence under the agreement.
    (B) Persons who may be acceptance agents. An acceptance agent may 
include any financial institution as defined in section 265(b)(5) or 
Sec. 1.165-12(c)(1)(v) of this chapter, any college or university that 
is an educational organization as defined in Sec. 1.501(c)(3)-
1(d)(3)(i) of this chapter, any federal agency as defined in section 
6402(f) or any other person or categories of persons that may be 
authorized by regulations or Internal Revenue Service procedures. A 
person described in this paragraph (d)(3)(iv)(B) that seeks to qualify 
as an acceptance agent must have an employer identification number for 
use in any communication with the Internal Revenue Service. In addition, 
it must establish to the satisfaction of the Internal Revenue Service 
that it has adequate resources and procedures in place to comply with 
the terms of the agreement described in paragraph (d)(3)(iv)(A) of this 
section.
    (4) Coordination of taxpayer identifying numbers--(i) Social 
security number. Any individual who is duly assigned a social security 
number or who is entitled to a social security number will not be issued 
an IRS individual taxpayer identification number. The individual can use 
the social security number for all tax purposes under this title, even 
though the individual is, or later becomes, a nonresident alien 
individual. Further, any individual who has an application pending with 
the Social Security Administration will be issued an IRS individual 
taxpayer identification

[[Page 107]]

number only after the Social Security Administration has notified the 
individual that a social security number cannot be issued. Any alien 
individual duly issued an IRS individual taxpayer identification number 
who later becomes a U.S. citizen, or an alien lawfully permitted to 
enter the United States either for permanent residence or under 
authority of law permitting U.S. employment, will be required to obtain 
a social security number. Any individual who has an IRS individual 
taxpayer identification number and a social security number, due to the 
circumstances described in the preceding sentence, must notify the 
Internal Revenue Service of the acquisition of the social security 
number and must use the newly-issued social security number as the 
taxpayer identifying number on all future returns, statements, or other 
documents filed under this title.
    (ii) Employer identification number. Any individual with both a 
social security number (or an IRS individual taxpayer identification 
number) and an employer identification number may use the social 
security number (or the IRS individual taxpayer identification number) 
for individual taxes, and the employer identification number for 
business taxes as required by returns, statements, and other documents 
and their related instructions. Any alien individual duly assigned an 
IRS individual taxpayer identification number who also is required to 
obtain an employer identification number must furnish the previously-
assigned IRS individual taxpayer identification number to the Internal 
Revenue Service on Form SS-4 at the time of application for the employer 
identification number. Similarly, where an alien individual has an 
employer identification number and is required to obtain an IRS 
individual taxpayer identification number, the individual must furnish 
the previously-assigned employer identification number to the Internal 
Revenue Service on Form W-7, or such other form as may be prescribed by 
the Internal Revenue Service, at the time of application for the IRS 
individual taxpayer identification number.
    (e) Banks, and brokers and dealers in securities. For additional 
requirements relating to deposits, share accounts, and brokerage 
accounts, see 31 CFR 103.34 and 103.35.
    (f) Penalty. For penalties for failure to supply taxpayer 
identifying numbers, see sections 6721 through 6724.
    (g) Special rules for taxpayer identifying numbers issued to foreign 
persons--(1) General rule--(i) Social security number. A social security 
number is generally identified in the records and database of the 
Internal Revenue Service as a number belonging to a U.S. citizen or 
resident alien individual. A person may establish a different status for 
the number by providing proof of foreign status with the Internal 
Revenue Service under such procedures as the Internal Revenue Service 
shall prescribe, including the use of a form as the Internal Revenue 
Service may specify. Upon accepting an individual as a nonresident alien 
individual, the Internal Revenue Service will assign this status to the 
individual's social security number.
    (ii) Employer identification number. An employer identification 
number is generally identified in the records and database of the 
Internal Revenue Service as a number belonging to a U.S. person. 
However, the Internal Revenue Service may establish a separate class of 
employer identification numbers solely dedicated to foreign persons 
which will be identified as such in the records and database of the 
Internal Revenue Service. A person may establish a different status for 
the number either at the time of application or subsequently by 
providing proof of U.S. or foreign status with the Internal Revenue 
Service under such procedures as the Internal Revenue Service shall 
prescribe, including the use of a form as the Internal Revenue Service 
may specify. The Internal Revenue Service may require a person to apply 
for the type of employer identification number that reflects the status 
of that person as a U.S. or foreign person.
    (iii) IRS individual taxpayer identification number. An IRS 
individual taxpayer identification number is generally identified in the 
records and database of the Internal Revenue Service as a number 
belonging to a nonresident alien individual. If the Internal Revenue 
Service determines at the time of application or subsequently,

[[Page 108]]

that an individual is not a nonresident alien individual, the Internal 
Revenue Service may require that the individual apply for a social 
security number. If a social security number is not available, the 
Internal Revenue Service may accept that the individual use an IRS 
individual taxpayer identification number, which the Internal Revenue 
Service will identify as a number belonging to a U.S. resident alien.
    (2) Change of foreign status. Once a taxpayer identifying number is 
identified in the records and database of the Internal Revenue Service 
as a number belonging to a U.S. or foreign person, the status of the 
number is permanent until the circumstances of the taxpayer change. A 
taxpayer whose status changes (for example, a nonresident alien 
individual with a social security number becomes a U.S. resident alien) 
must notify the Internal Revenue Service of the change of status under 
such procedures as the Internal Revenue Service shall prescribe, 
including the use of a form as the Internal Revenue Service may specify.
    (3) Waiver of prohibition to disclose taxpayer information when 
acceptance agent acts. As part of its request for an IRS individual 
taxpayer identification number or submission of proof of foreign status 
with respect to any taxpayer identifying number, where the foreign 
person acts through an acceptance agent, the foreign person will agree 
to waive the limitations in section 6103 regarding the disclosure of 
certain taxpayer information. However, the waiver will apply only for 
purposes of permitting the Internal Revenue Service and the acceptance 
agent to communicate with each other regarding matters related to the 
assignment of a taxpayer identifying number, including disclosure of any 
taxpayer identifying number previously issued to the foreign person, and 
change of foreign status. This paragraph (g)(3) applies to payments made 
after December 31, 2001.
    (h) Special rules for certain entities under Sec. 301.7701-3--(1) 
General rule. Any entity that has an employer identification number 
(EIN) will retain that EIN if its federal tax classification changes 
under Sec. 301.7701-3.
    (2) Special rules for entities that are disregarded as entities 
separate from their owners--(i) When an entity becomes disregarded as an 
entity separate from its owner. Except as otherwise provided in 
regulations or other guidance, a single owner entity that is disregarded 
as an entity separate from its owner under Sec. 301.7701-3, must use 
its owner's taxpayer identifying number (TIN) for federal tax purposes.
    (ii) When an entity that was disregarded as an entity separate from 
its owner becomes recognized as a separate entity. If a single owner 
entity's classification changes so that it is recognized as a separate 
entity for federal tax purposes, and that entity had an EIN, then the 
entity must use that EIN and not the TIN of the single owner. If the 
entity did not already have its own EIN, then the entity must acquire an 
EIN and not use the TIN of the single owner.
    (3) Effective date. The rules of this paragraph (h) are applicable 
as of January 1, 1997.
    (i) Special rule for qualified subchapter S subsidiaries (QSubs)--
(1) General rule. Any entity that has an employer identification number 
(EIN) will retain that EIN if a QSub election is made for the entity 
under Sec. 1.1361-3 or if a QSub election that was in effect for the 
entity terminates under Sec. 1.1361-5.
    (2) EIN while QSub election in effect. Except as otherwise provided 
in regulations or other published guidance, a QSub must use the parent S 
corporation's EIN for Federal tax purposes.
    (3) EIN when QSub election terminates. If an entity's QSub election 
terminates, it may not use the EIN of the parent S corporation after the 
termination. If the entity had an EIN prior to becoming a QSub or 
obtained an EIN while it was a QSub in accordance with regulations or 
other published guidance, the entity must use that EIN. If the entity 
had no EIN, it must obtain an EIN upon termination of the QSub election.
    (4) Effective date. The rules of this paragraph (i) apply on January 
20, 2000.
    (j) Effective date--(1) General rule. Except as otherwise provided 
in this paragraph (j), the provisions of this section are generally 
effective for information that must be furnished after April 15,

[[Page 109]]

1974. However, the provisions relating to IRS individual taxpayer 
identification numbers apply on and after May 29, 1996. An application 
for an IRS individual taxpayer identification number (Form W-7) may be 
filed at any time on or after July 1, 1996.
    (2) Special rules--(i) Employer identification number of an estate. 
The requirement under paragraph (a)(1)(ii)(C) of this section that an 
estate obtain an employer identification number applies on and after 
January 1, 1984.
    (ii) Taxpayer identifying numbers of certain foreign persons. The 
requirement under paragraph (b)(2)(iv) of this section that certain 
foreign persons furnish a TIN on a return of tax is effective for tax 
returns filed after December 31, 1996.
    (iii) Paragraphs (a)(1)(i), (a)(1)(ii) introductory text, 
(a)(1)(ii)(A), and (a)(1)(ii)(B) of this section apply to income tax 
returns due (without regard to extensions) on or after April 15, 1998.

[T.D. 7306, 39 FR 9946, Mar. 15, 1974]

    Editorial Note: For Federal Register citations affecting Sec. 
301.6109-1, see the List of CFR Sections Affected which appears in the 
Findings Aids section of the printed volume and at www.fdsys.gov.



Sec. 301.6109-2  Authority of the Secretary of Agriculture to collect employer

identification numbers for purposes of the Food Stamp Act of 1977.

    (a) In general. The Secretary of Agriculture may require each 
applicant retail food store or wholesale food concern to furnish its 
employer identification number in connection with the administration of 
section 9 of the Food Stamp Act of 1977 (7 U.S.C. 2018) (relating to the 
determination of the qualifications of applicants under the Food Stamp 
Act).
    (b) Limited purpose. The Secretary of Agriculture may have access to 
the employer identification numbers obtained pursuant to paragraph (a) 
of this section, but only for the purpose of establishing and 
maintaining a list of the names and employer identification numbers of 
the stores and concerns for use in determining those applicants who have 
been previously sanctioned or convicted under section 12 or 15 of the 
Food Stamp Act of 1977 (7 U.S.C. 2021 or 2024). The Secretary of 
Agriculture may use this determination of sanctions and convictions in 
administering section 9 of the Food Stamp Act of 1977.
    (c) Sharing of information--(1) Sharing permitted with certain 
United States agencies and instrumentalities. The Secretary of 
Agriculture may share the information contained in the list described in 
paragraph (b) of this section with any other agency or instrumentality 
of the United States that otherwise has access to employer 
identification numbers, but only to the extent the Secretary of 
Agriculture determines sharing such information will assist in verifying 
and matching that information against information maintained by the 
other agency or instrumentality.
    (2) Restrictions on the use of shared information. The information 
shared by the Secretary of Agriculture pursuant to this section may be 
used by any other agency or instrumentality of the United States only 
for the purpose of effective administration and enforcement of the Food 
Stamp Act of 1977 or for the purpose of investigation of violations of 
other Federal laws or enforcement of those laws.
    (d) Safeguards--(1) Restrictions on access to employer 
identification numbers by individuals--(i) Numbers maintained by the 
Secretary of Agriculture. The individuals who are permitted access to 
employer identification numbers obtained pursuant to paragraph (a) of 
this section and maintained by the Secretary of Agriculture are officers 
and employees of the United States whose duties or responsibilities 
require access to such employer identification numbers for the purpose 
of effective administration or enforcement of the Food Stamp Act of 1977 
or for the purpose of sharing the information in accordance with 
paragraph (c) of this section.
    (ii) Numbers maintained by any other agency or instrumentality. The 
individuals who are permitted access to employer identification numbers 
obtained pursuant to paragraph (c) of this section and maintained by any 
agency or instrumentality of the United States other than the Department 
of Agriculture are officers and employees of the United States whose 
duties or responsibilities require access to such

[[Page 110]]

employer identification numbers for the purpose of effective 
administration and enforcement of the Food Stamp Act of 1977 or for the 
purpose of investigation of violations of other Federal laws or 
enforcement of those laws.
    (2) Other safeguards. The Secretary of Agriculture, and the head of 
any other agency or instrumentality referred to in paragraph (c) of this 
section, must provide for any additional safeguards that the Secretary 
of the Treasury determines to be necessary or appropriate to protect the 
confidentiality of the employer identification numbers. The Secretary of 
Agriculture, and the head of any other agency or instrumentality 
referred to in paragraph (c) of this section, may also provide for any 
additional safeguards to protect the confidentiality of employer 
identification numbers, provided these safeguards are consistent with 
safeguards determined by the Secretary of the Treasury to be necessary 
or appropriate.
    (e) Confidentiality and disclosure of employer identification 
numbers. Employer identification numbers obtained pursuant to paragraph 
(a) or (c) of this section are confidential. No officer or employee of 
the United States who has or had access to any such employer 
identification number may disclose that number in any manner to an 
individual not described in paragraph (d) of this section. For purposes 
of this paragraph (e), officer or employee includes a former officer or 
employee.
    (f) Sanctions--(1) Unauthorized, willful disclosure of employer 
identification numbers. Sections 7213(a) (1), (2), and (3) apply with 
respect to the unauthorized, willful disclosure to any person of 
employer identification numbers that are maintained pursuant to this 
section by the Secretary of Agriculture, or any other agency or 
instrumentality with which information is shared pursuant to paragraph 
(c) of this section, in the same manner and to the same extent as 
sections 7213(a) (1), (2), and (3) apply with respect to unauthorized 
disclosures of returns and return information described in those 
sections.
    (2) Willful solicitation of employer identification numbers. Section 
7213(a)(4) applies with respect to the willful offer of any item of 
material value in exchange for any employer identification number 
maintained pursuant to this section by the Secretary of Agriculture, or 
any other agency or instrumentality with which information is shared 
pursuant to paragraph (c) of this section, in the same manner and to the 
same extent as section 7213(a)(4) applies with respect to offers (in 
exchange for any return or return information) described in that 
section.
    (g) Delegation. All references in this section to the Secretary of 
Agriculture are references to the Secretary of Agriculture or his or her 
delegate.
    (h) Effective date. Except as provided in the following sentence, 
this section is effective on February 1, 1992. Any provisions relating 
to the sharing of information by the Secretary of Agriculture with any 
other agency or instrumentality of the United States are effective on 
August 15, 1994.

[T.D. 8369, 56 FR 49685, Oct. 1, 1991, as amended by T.D. 8621, 60 FR 
51725, Oct. 3, 1995; 61 FR 1035, Jan. 11, 1996]



Sec. 301.6109-3  IRS adoption taxpayer identification numbers.

    (a) In general--(1) Definition. An IRS adoption taxpayer 
identification number (ATIN) is a temporary taxpayer identifying number 
assigned by the Internal Revenue Service (IRS) to a child (other than an 
alien individual as defined in Sec. 301.6109-1(d)(3)(i)) who has been 
placed, by an authorized placement agency, in the household of a 
prospective adoptive parent for legal adoption. An ATIN is assigned to 
the child upon application for use in connection with filing 
requirements under the Internal Revenue Code and the regulations 
thereunder. When an adoption becomes final, the adoptive parent must 
apply for a social security number for the child. After the social 
security number is assigned, that number, rather than the ATIN, must be 
used as the child's taxpayer identification number on all returns, 
statements, or other documents required under the Internal Revenue Code 
and the regulations thereunder.
    (2) Expiration and extension. An ATIN automatically expires two 
years after the number is assigned. However, upon

[[Page 111]]

request, the IRS may grant an extension if the IRS determines the 
extension is warranted.
    (b) Definitions. For purposes of this section--
    (1) Authorized placement agency has the same meaning as in Sec. 
1.152-2(c) of this chapter;
    (2) Prospective adoptive child or child means a child who has not 
been adopted, but who has been placed in the household of a prospective 
adoptive parent for legal adoption by an authorized placement agency; 
and
    (3) Prospective adoptive parent or parent means an individual in 
whose household a prospective adoptive child is placed by an authorized 
placement agency for legal adoption.
    (c) General rule for obtaining a number--(1) Who may apply. A 
prospective adoptive parent may apply for an ATIN for a child if--
    (i) The prospective adoptive parent is eligible to claim a personal 
exemption under section 151 with respect to the child;
    (ii) An authorized placement agency places the child with the 
prospective adoptive parent for legal adoption;
    (iii) The Social Security Administration will not process an 
application for an SSN by the prospective adoptive parent on behalf of 
the child (for example, because the adoption is not final); and
    (iv) The prospective adoptive parent has used all reasonable means 
to obtain the child's assigned social security number, if any, but has 
been unsuccessful in obtaining this number (for example, because the 
biological parent who obtained the number is not legally required to 
disclose the number to the prospective adoptive parent).
    (2) Procedure for obtaining an ATIN. If the requirements of 
paragraph (c)(1) of this section are satisfied, the prospective adoptive 
parent may apply for an ATIN for a child on Form W-7A, Application for 
Taxpayer Identification Number for Pending Adoptions (or such other form 
as may be prescribed by the IRS). An application for an ATIN should be 
made far enough in advance of the first intended use of the ATIN to 
permit issuance of the ATIN in time for such use. An application for an 
ATIN must include the information required by the form and accompanying 
instructions, including the name and address of each prospective 
adoptive parent and the child's name and date of birth. In addition, the 
application must include such documentary evidence as the IRS may 
prescribe to establish that a child was placed in the prospective 
adoptive parent's household by an authorized placement agency for legal 
adoption. Examples of acceptable documentary evidence establishing 
placement for legal adoption by an authorized placement agency may 
include--
    (i) A copy of a placement agreement entered into between the 
prospective adoptive parent and an authorized placement agency;
    (ii) An affidavit or letter signed by the adoption attorney or 
government official who placed the child for legal adoption pursuant to 
state law;
    (iii) A document authorizing the release of a newborn child from a 
hospital to a prospective adoptive parent for adoption; and
    (iv) A court document ordering or approving the placement of a child 
for adoption.
    (d) Effective date. The provisions of this section apply to income 
tax returns due (without regard to extension) on or after April 15, 
1998.

[T.D. 8839, 64 FR 51242, Sept. 22, 1999]



Sec. 301.6110-1  Public inspection of written determinations and background file documents.

    (a) General rule. Except as provided in Sec. 301.6110-3, relating 
to deletion of certain information, Sec. 301.6110-5(b), relating to 
actions to restrain disclosure, paragraph (b)(2) of this section, 
relating to technical advice memoranda involving civil fraud and 
criminal investigations, and jeopardy and termination assessments, and 
paragraph (b)(3) of this section, relating to general written 
determinations relating to accounting or funding periods and methods, 
the text of any written determination (as defined in Sec. 301.6110-
2(a)) issued pursuant to a request postmarked or hand delivered after 
October 31, 1976, shall be open to public inspection in the places 
provided in paragraph (c)(1) of this section. The text of any written 
determination issued pursuant to a request postmarked or hand

[[Page 112]]

delivered before November 1, 1976, shall be open to public inspection 
pursuant to section 6110(h) and Sec. 301.6110-6, when funds are 
appropriated by Congress for such purpose. The procedures and rules set 
forth in Sec. Sec. 301.6110-1 through 301.6110-5 and 301.6110-7 do not 
apply to written determinations issued pursuant to requests postmarked 
or hand delivered before November 1, 1976, unless Sec. 301.6110-6 
states otherwise. There shall also be open to public inspection in each 
place of public inspection an index to the written determinations open 
or subject to inspection at such place. Each such index shall be 
arranged by section of the Internal Revenue Code, related statute, or 
tax treaty and by subject matter description with such section in such 
manner as the Commissioner may from time to time provide. The 
Commissioner shall not be required to make any written determination or 
background file document open to public inspection pursuant to section 
6110 or refrain from disclosure of any such documents or any information 
therein, except as provided by section 6110 or with respect to a 
discovery order made in connection with a judicial proceeding. The 
provisions of section 6110 shall not apply to matters for which the 
determination of whether public inspection should occur is made pursuant 
to section 6104. Matters within the ambit of section 6104 include: Any 
application filed with the Internal Revenue Service with respect to the 
qualification or exempt status of an organization, plan, or account 
described in section 6104(a)(1), whether the plan or account has more 
than 25 or less than 26 participants; any document issued by the 
Internal Revenue Service in which the qualification or exempt status of 
an organization, plan, or account described in section 6104 (a)(1) is 
granted, denied or revoked or the portion of any document in which 
technical advice with respect thereto is given to a district director; 
any application filed, and any document issued by the Internal Revenue 
Service, with respect to the qualification or status of master, 
prototype, and pattern employee plans; the portion of any document 
issued by the Internal Revenue Service in which is discussed the effect 
on the qualification or exempt status of an organization, plan, or 
account described in section 6104(a)(1) of proposed transactions by such 
organization, plan, or account; and any document issued by the Internal 
Revenue Service in which is discussed the qualification or status of an 
organization described in section 509(a) or 4942(j)(3), but not 
including any document issued to nonexempt charitable trusts described 
in section 4947(a)(1).
    (b) Items that may be inspected only under certain circumstances--
(1) Background file documents. A background file document (as such term 
is defined in Sec. 301.6110-2(g)) relating to a particular written 
determination issued pursuant to a request postmarked or hand delivered 
after October 31, 1976, shall not be subject to inspection until such 
written determination is open to public inspection or available for 
inspection pursuant to paragraph (b) (2) or (3) of this section, and 
then only if a written request pursuant to paragraph (c)(4) of this 
section is made for inspection of such background file document. 
Background file documents relating to written determinations issued 
pursuant to requests postmarked or hand delivered before November 1, 
1976, shall be subject to inspection pursuant to section 6110 (h) and 
Sec. 301.6110-6, when funds are appropriated by Congress for such 
purpose. The version of the background file document which is available 
for inspection shall be the version originally made available for 
inspection, as modified by any additional disclosure pursuant to section 
6110(d)(3) and (f)(4).
    (2) Technical advice memoranda involving civil fraud and criminal 
investigations, jeopardy and termination assessments. Any technical 
advice memorandum (as such term is defined in Sec. 301.6110-2(f) 
involving any matter that is the subject of a civil fraud or criminal 
investigation, a jeopardy assessment (as such term is defined in section 
6861), or a termination assessment (as such term is defined in section 
6851) shall not be subject to inspection until all actions relating to 
such investigation or assessment are completed and then only if a 
written request pursuant to paragraph (c)(4) of this section is made for 
inspection of such technical

[[Page 113]]

advice memorandum. A ``civil fraud investigation'' is any administrative 
step or judicial proceeding in which an issue for determination is 
whether the Commissioner should impose additional tax pursuant to 
section 6653(b). A ``criminal investigation'' is any administrative step 
or judicial proceeding in which an issue for determination is whether a 
taxpayer should be charged with or is guility of criminal conduct. An 
action relating to a civil fraud or criminal investigation includes any 
such administrative step or judicial proceeding, the review of 
subsequent related activities and related returns of the taxpayer or 
related taxpayers, and any other administrative step or judicial 
procedure or proceeding or appellate process that is initiated as a 
consequence of the facts and circumstances disclosed by such 
investigation. An action relating to a jeopardy or termination 
assessment includes any administrative step or judicial proceeding that 
is initiated to determine whether to make such assessment, that is 
brought pursuant to section 7429 to determine the appropriateness or 
reasonableness of such assessment, or that is brought to resolve the 
legal consequences of the tax status or liability issue underlying the 
making of such assessment. Any action relating to a civil fraud or 
criminal investigation, a jeopardy assessment, or a termination 
assessment is not completed until all available administrative steps and 
judicial proceedings and remedies, including appeals, have been 
completed.
    (3) Written determinations with respect to adoption of or change in 
certain accounting or funding periods and methods. Any general written 
determination (as defined in Sec. 301.6110-2(c) that relates solely to 
approval of any adoption of or change in--
    (i) The funding method or plan year of a plan under section 412.
    (ii) A taxpayer's annual accounting period under section 442.
    (iii) A taxpayer's method of accounting under section 446(e), or
    (iv) A partnership's or partner's taxable year under section 706

shall not be subject to inspection until such written determination 
would, but for this paragraph (b)(3), be open to public inspection 
pursuant to Sec. 301.6110-5(c) and then only if a written request 
pursuant to paragraph (c)(4) of this section is made for inspection of 
such written determination.
    (c) Procecure for public inspection--(1) Place of public inspection. 
The text of any ruling (as such term is defined in Sec. 301.6110-2(d) 
or technical advice memorandum that is open to public inspection 
pursuant to section 6110 shall be located in the National Office Reading 
Room. The text of any determination letter (as such term is defined in 
Sec. 301.6110-2(e)) that is open to public inspection pursuant to 
section 6110 shall be located in the Reading Room of the Regional Office 
in which is located the district office that issued such determination 
letter. Inspection of any written determination subject to inspection 
only upon written request shall be requested from the National Office 
Reading Room. Inspection of any background file document shall be 
requested only from the reading room in which the related written 
determination is either open to public inspection or subject to 
inspection upon written request. The locations and mailing addresses of 
the reading rooms are set forth in Sec. 601.702(b)(3)(ii) of this 
chapter.
    (2) Time and manner of public inspection. The inspection authorized 
by section 6110 will be allowed only in the place provided for such 
inspection in the presence of an Internal Revenue officer or employee 
and only during the regular hours of business of the Internal Revenue 
Service office in which the reading room is located. The public will not 
be allowed to remove any record from a reading room. A person who wishes 
to inspect reading room material without visiting a reading room may 
submit a written request pursuant to paragraph (c)(4) of this section 
for copies of any such material to the Internal Revenue Service reading 
room in which is located such material.
    (3) Copies. Notes may be taken of any material open to public 
inspection under section 6110, and copies may be made manually. Copies 
of any material open to public inspection or subject to inspection upon 
written request will be furnished by the Internal Revenue Service to any 
person making requests

[[Page 114]]

therefor pursuant to paragraph (c)(4) of this section. If made at the 
time of inspection the request for copies need not be in writing, unless 
the material is not immediately available for copying. The Commissioner 
may prescribe fees pursuant to section 6110(j) for furnishing copies of 
material open or subject to inspection.
    (4) Requests. Any request for copies of written determinations, for 
inspection of general written determinations relating to accounting or 
funding periods and methods or technical advice memoranda involving 
civil fraud and criminal investigations, and jeopardy and termination 
assessments, for inspection or copies of background file documents, and 
for copies of the index shall be submitted to the reading room in which 
is located the requested material. If made in person, the request may be 
submitted to the internal revenue employee supervising the reading room. 
The request shall contain:
    (i) Authorization for the Internal Revenue Service to charge the 
person making such request for making copies, searching for material, 
and making deletions therefrom;
    (ii) The maximum amount of charges which the Internal Revenue 
Service may incur without further authorization from the person making 
such request;
    (iii) With respect to requests for inspection and copies of 
background file documents, the file number of the written determination 
to which such background file document relates and a specific 
identification of the nature or type of the background file document 
requested;
    (iv) With respect to requests for inspections of general written 
determinations relating to accounting or funding periods and methods, 
the day, week, or month of issuance of such written determination, and 
the applicable category as selected from a special summary listing of 
categories prepared by the Internal Revenue Service;
    (v) With respect to requests for copies of written determinations, 
the file number of the written determination to be copied, which can be 
ascertained in the reading room or from the index;
    (vi) With respect to requests for copies of portions of the index, 
the section of the Internal Revenue Code, related statute or tax treaty 
in which the person making such request is interested;
    (vii) With respect to material which is to be mailed, the name, 
address, and telephone number of the person making such request and the 
address to which copies of the requested material should be sent; and
    (viii) Such other information as the Internal Revenue Service may 
from time to time require in its operation of reading rooms.

[T.D. 7524, 42 FR 63412, Dec. 16, 1977]



Sec. 301.6110-2  Meaning of terms.

    (a) Written determination. A ``written determination'' is a ruling, 
a determination letter, or a technical advice memorandum, as such terms 
are defined in paragraphs (d), (e), and (f) of this section, 
respectively. Notwithstanding paragraphs (d) through (f) of this 
section, a written determination does not include for example, opinion 
letters (as defined in Sec. 601.201(a)(4) of this chapter), information 
letters (as defined in Sec. 601.201(a)(5) of this chapter), technical 
information responses, technical assistance memoranda, notices of 
deficiency, reports on claims for refund, Internal Revenue Service 
decisions to accept taxpayers' offers in compromise, earnings and 
profits determinations, or documents issued by the Internal Revenue 
Service in the course of tax administration that are not disclosed to 
the persons to whose tax returns or tax liability the documents relate.
    (b) Reference written determination. A ``reference written 
determination'' is any written determination that the Commissioner 
determines to have significant reference value. Any written 
determination that the Commissioner determines to be the basis for a 
published revenue ruling is a reference written determination until such 
revenue ruling is obsoleted, revoked, superseded or otherwise held to 
have no effect.
    (c) General written determination. A ``general written 
determination'' is any written determination that is not a reference 
written determination.
    (d) Ruling. A ``ruling'' is a written statement issued by the 
National Office to a taxpayer or to the taxpayer's

[[Page 115]]

authorized representative (as such term is defined in Sec. 
601.201(e)(7) of this chapter) on behalf of the taxpayer, that 
interprets and applies tax laws to a specific set of facts. A ruling 
generally recites the relevant facts, sets forth the applicable 
provisions of law, and shows the application of the law to the facts.
    (e) Determination letter. A ``determination letter'' is a written 
statement issued by a district director in response to a written inquiry 
by an individual or an organization that applies principles and 
precedents previously announced by the National Office to the particular 
facts involved.
    (f) Technical advice memorandum. A ``technical advice memorandum'' 
is a written statement issued by the National Office to, and adopted by, 
a district director in connection with the examination of a taxpayer's 
return or consideration of a taxpayer's claim for refund or credit. A 
technical advice memorandum generally recites the relevant facts, sets 
forth the applicable law, and states a legal conclusion.
    (g) Background file document--(1) General rule. A ``background file 
document'' is--(i) The request for a written determination.
    (ii) Any written material submitted in support of such request by 
the person by whom or on whose behalf the request for a written 
determination is made,
    (iii) Any written communication, or memorandum of a meeting, 
telephone communication, or other contact, between employees of the 
Internal Revenue Service or Office of its Chief Counsel and persons 
outside the Internal Revenue Service in connection with such request or 
written determination which is received prior to the issuance (as such 
term is defined in paragraph (h) of this section) of the written 
determination, but not including communications described in paragraph 
(g)(2) of this section, and
    (iv) Any subsequent communication between the National Office and a 
district director concerning the factual circumstances underlying the 
request for a technical advice memorandum, or concerning a request by 
the district director for reconsideration by the National Office of a 
proposed technical advice memorandum.
    (2) Limitations. Notwithstanding paragraph (g)(1) of this section, a 
``background file document'' shall not include any--
    (i) Communication between the Department of Justice and the Internal 
Revenue Service or the Office of its Chief Counsel relating to any 
pending civil or criminal case or investigation,
    (ii) Communication between Internal Revenue Service employees and 
employees of the Office of its Chief Counsel,
    (iii) Internal memorandum or attorney work product prepared by the 
Internal Revenue Service or Office of its Chief Counsel which relates to 
the development of the conclusion of the Internal Revenue Service in a 
written determination, including, with respect to a technical advice 
memorandum, the Transmittal Memorandum, as defined in Sec. 
601.105(b)(5)(vi)(c) of this chapter,
    (iv) Correspondence or any portion of correspondence between the 
Internal Revenue Service and any person relating solely to the making of 
or extent of deletions pursuant to section 6110(c), or a request 
pursuant to section 6110(g) (3) and (4) for postponement of the time at 
which a written determination is made open or subject to inspection,
    (v) Material relating to (A) a request for a ruling or determination 
letter that is withdrawn prior to issuance thereof or that the Internal 
Revenue Service declines to answer, (B) a request for technical advice 
that the National Office declines to answer, or (C) the appeal of a 
taxpayer from the decision of a district director not to seek technical 
advice, or
    (vi) Response to a request for technical advice which the district 
director declines to adopt, and the district director's request for 
reconsideration thereof.
    (h) Issuance. ``Issuance'' of a written determination occurs, with 
respect to rulings and determination letters, upon the mailing of the 
ruling or determination letter to the person to whom it pertains. 
Issuance of a technical advice memorandum occurs upon the adoption of 
the technical advice memorandum by the district director.

[[Page 116]]

    (i) Person to whom written determination pertains. A ``person to 
whom a written determination pertains'' is the person by whom a ruling 
or determination letter is requested, but if requested by an authorized 
representative, the person on whose behalf the request is made. With 
respect to a technical advice memorandum, a ``person to whom a written 
determination pertains'' is the taxpayer whose return is being examined 
or whose claim for refund or credit is being considered.
    (j) Person to whom a background file document relates. A ``person to 
whom a background file document relates'' is the person to whom the 
related written determination pertains, as such term is defined in 
paragraph (i) of this section.
    (k) Person who has a direct interest in maintaining confidentiality. 
A ``person who has a direct interest in maintaining the confidentiality 
of a written determination'' is any person whose name and address is 
listed in the request for such written determination, as required by 
Sec. 601.201(e)(2) of this chapter. A ``person who has a direct 
interest in maintaining the confidentiality of a background file 
document'' is any person whose name and address is in such background 
file document, or who has a direct interest in maintaining the 
confidentiality of the written determination to which such background 
file document relates.
    (l) Successor in interest. A ``successor in interest'' to any person 
to whom a written determination pertains or background file document 
relates is any person who acquires the rights and assumes the 
liabilities of such person with respect to the transaction which was the 
subject matter of the written determination, provided that the successor 
in interest notifies the Commissioner with respect to the succession in 
interest.

[T.D. 7524, 42 FR 63413, Dec. 16, 1977]



Sec. 301.6110-3  Deletion of certain information in written determinations open to public inspection.

    (a) Information subject to deletion. There shall be deleted from the 
text of any written determination open to public inspection or subject 
to inspection upon written request and background file document subject 
to inspection upon written request pursuant to section 6110 the 
following types of information:
    (1) Identifying details. (i) The names, addresses, and identifying 
numbers (including telephone, license, social security, employer 
identification, credit card, and selective service numbers) of any 
person, other than the identifying details of a person who makes a 
third-party communication described in Sec. 301.6110-4(a), and
    (ii) Any other information that would permit a person generally 
knowledgeable with respect to the appropriate community to identify any 
person. The determination of whether information would permit 
identification of a particular person will be made in view of 
information available to the public at the time the written 
determination or background file document is made open or subject to 
inspection and in view of information that will subsequently become 
available, provided the Internal Revenue Service is made aware of such 
information and the potential that such information may identify any 
person. The ``appropriate community'' is that group of persons who would 
be able to associate a particular person with a category of transactions 
one of which is described in the written determination or background 
file document. The appropriate community may vary according to the 
nature of the transaction which is the subject of the written 
determination. For example, if a steel company proposes to enter a 
transaction involving the purchase and installation of blast furnaces, 
the ``appropriate community'' may include all steel producers and blast 
furnace manufacturers, but if the installation process is a unique 
process of which everyone in national industry is aware, the 
``appropriate community'' might also include the national industrial 
community. On the other hand, if the steel company proposes to enter a 
transaction involving the purchase of land on which to construct a 
building to house the blast furnaces, the ``appropriate community'' may 
also include those residing or doing business within the geographical 
locale of the land to be purchased.
    (2) Information concerning national defense and foreign policy. 
Information

[[Page 117]]

specifically authorized under criteria established by an Executive order 
to be kept secret in the interest of national defense or foreign policy 
and which is in fact properly classified pursuant to such order.
    (3) Information exempted by other statutes and agency rules. 
Information specifically exempted from disclosure by any statute other 
than the Internal Revenue Code of 1954 and 5 U.S.C. 552 which is 
applicable to the Internal Revenue Service, and any information obtained 
by the Internal Revenue Service solely and directly from another Federal 
agency subject to a nondisclosure rule of such agency. Deletion of 
information shall not be made solely because the same information was 
submitted to another Federal agency subject to a nondisclosure rule 
applicable only to such agency.
    (4) Trade secrets and privileged or confidential commercial or 
financial information--(i) Deletions to be made. Any--
    (A) Trade secrets, and
    (B) Commercial or financial information obtained from any person 
which, despite the fact that identifying details are deleted pursuant to 
paragraph (a)(1) of this section, nonetheless remains privileged or 
confidential.
    (ii) Trade secret. For purposes of paragraph (a)(4)(i)(A) of this 
section, a trade secret may consist of any formula, pattern, device or 
compilation of information that is used in one's business, and that 
gives one an opportunity to obtain an advantage over competitors who do 
not know or use it. It may be a formula for a chemical compound, a 
process of manufacturing, treating or preserving materials, a pattern 
for a machine or other device, or a list of customers. The subject of a 
trade secret must be secret, that is, it must not be of public knowledge 
or of a general knowledge in the trade or business. Novelty, in the 
patent law sense, is not required for a trade secret.
    (iii) Privileged or confidential. For purposes of paragraph 
(a)(4)(i)(B) of this section, information is privileged or confidential 
if from examination of the request and supporting documents relating to 
a written determination, and in consideration of the fact that 
identifying details are deleted pursuant to paragraph (a)(1) of this 
section, it is determined that disclosure of such information would 
cause substantial harm to the competitive position of any person. For 
example, while determining whether disclosure of certain information 
would cause substantial harm to X's competitive position, the Internal 
Revenue Service becomes aware that his information has previously been 
disclosed to the public. In this situation, the Internal Revenue Service 
will not agree with X's argument that disclosure of the information 
would cause substantial harm to X's competitive position. An example of 
information previously disclosed to the public is financial information 
contained in the published annual reports of widely held public 
corporations.
    (5) Information within the ambit of personal privacy. Information 
the disclosure of which would constitute a clearly unwarranted invasion 
of personal privacy, despite the fact that identifying details are 
deleted pursuant to paragraph (a)(1) of this section. Personal privacy 
information encompasses embarrassing or sensitive information that a 
reasonable person would not reveal to the public under ordinary 
circumstances. Matters of personal privacy include, but are not limited 
to, details not yet public of a pending divorce, medical treatment for 
physical or mental disease or injury, adoption of a child, the amount of 
a gift, and political preferences. A clearly unwarranted invasion of 
personal privacy exists if from analysis of information submitted in 
support of the request for a written determination it is determined that 
the public interest purpose for requiring disclosure is outweighed by 
the potential harm attributable to such invasion of personal privacy.
    (6) Information concerning agency regulation of financial 
institutions. Information contained in or related to reports prepared 
by, on behalf of, or for the use of an agency responsible for the 
regulation or supervision of financial institutions concerning 
examination, operation or condition of a financial institution, 
disclosure of which would damage the standing of such financial 
institution.
    (7) Information concerning wells. Geological or geophysical 
information and data, including maps, concerning wells.

[[Page 118]]

    (b) Manner of deletions. Whenever information, which is not to be 
disclosed pursuant to section 6110(c), is deleted from the text of a 
written determination or background file document, substitutions 
therefore shall be made to the extent feasible if necessary for an 
understanding of the legal analysis developed in such written 
determination or to make the disclosed text of a background file 
document comprehensible. Wherever any material is deleted, an indication 
of such deletion, and of any substitution therefor, shall be made in 
such manner as the Commissioner deems appropriate.
    (c) Limitations on the making of deletions. Any portion of a written 
determination or background file document that has been deleted will be 
restored to the text thereof--
    (1) If pursuant to section 6110(d)(3) or (f)(4)(A) a court orders 
disclosure of such portion, or
    (2) If pursuant, to Sec. 301.6110-5(d)(1) an agreement is reached 
to disclose information.

[T.D. 7524, 42 FR 63414, Dec. 16, 1977]



Sec. 301.6110-4  Communications from third parties.

    (a) General rule. Except as provided in paragraph (b) of this 
section a record will be made of any communication, whether written, by 
telephone, at a meeting, or otherwise, received by the Internal Revenue 
Service or Office of its Chief Counsel prior to the issuance of written 
determination from any person other than a person to whom the written 
determination pertains or the authorized representative of such person. 
This rule applies to any communication concerning such written 
determination, any communication concerning the request for such written 
determination, or any communication concerning other matters involving 
such written determination. A notation that such communication has been 
made shall be placed on such written determination when it is made open 
to public inspection or available for inspection upon written request 
pursuant to Sec. 301.6110-5. The notation to be placed on a written 
determination shall consist of the date on which the communication was 
received and the category of the person making such communication, for 
example, Congressional, Department of Commerce, Treasury, trade 
association, White House, educational institution. Any person may 
request the Internal Revenue Service to disclose the name of any person 
about whom a notation has been made pursuant to this paragraph.
    (b) Limitations. The provisions of paragraph (a) of this section 
shall not apply to communications received by the Internal Revenue 
Service from employee of the Internal Revenue Service or Office of its 
Chief Counsel, from the Chief of Staff of the Joint Committee on 
Internal Revenue Taxation, from the Department of Justice with respect 
to any pending civil or criminal case or investigation, or from another 
government agency in response to a request made by the Internal Revenue 
Service to such agency for assistance involving the expertise of such 
agency.
    (c) Action to obtain disclosure of identity of person to whom 
written determination pertains--(1) Creation of remedy. With respect to 
any written determination on which a notation has been placed pursuant 
to paragraph (a) of this section, any person may file a petition in the 
United States Tax Court or file a complaint in the United States 
District Court for the District of Columbia for an order requiring that 
the identity of any person to whom such written determination pertains 
be disclosed, but such petition or complaint must be filed within 36 
months of the date such written determination is made open or subject to 
inspection.
    (2) Necessary disclosure. Whenever an action is brought pursuant to 
section 6110(d)(3), the court may order that the identity of any person 
to whom the written determination pertains be disclosed. Such disclosure 
may be ordered if the court determines that there is evidence in the 
record from which it could reasonably be concluded that an impropriety 
occurred or undue influence was exercised with respect to such written 
determination by or on behalf of the person to whom the written 
determination pertains. The court may, pursuant to section 6110(d)(3), 
also order the disclosure of any material deleted pursuant to section 
6110(c) if such disclosure is in the public interest. The written 
determination or background

[[Page 119]]

file document with respect to which the disclosure was sought shall be 
revised to disclose the information which the court orders to be 
disclosed.
    (3) Required notice. If a proceeding is commenced pursuant to 
section 6110(d)(3) and paragraph (c)(1) of this section with respect to 
any written determination, the Secretary shall send notice of the 
commencement of such proceeding to any person whose identity is subject 
to being disclosed and to the person about whom a third-party 
communication notation has been made pursuant to section 6110(d)(1). 
Such notice shall be sent, by registered or certified mail, to the last 
known address of the persons described in this paragraph (c)(3) within 
15 days after notice of the petition or complaint filed pursuant to 
section 6110(d)(3) is served on the Secretary. For further guidance 
regarding the definition of last known address, see Sec. 301.6212-2.
    (4) Intervention. Any person who is entitled to receive notice 
pursuant to paragraph (c)(3) of this section shall have the right to 
intervene in any action brought pursuant to section 6110(d)(3). If 
appropriate such person shall be permitted to intervene anonymously.

[T.D. 7524, 42 FR 63415, Dec. 16, 1977, as amended by T.D. 8939, 66 FR 
2819, Jan. 12, 2001]



Sec. 301.6110-5  Notice and time requirements; actions to restrain disclosure; actions

to obtain additional disclosure.

    (a) Notice--(1) General rule. Before a written determination is made 
open to public inspection or subject to inspection upon written request, 
or before a background file document is subject to inspection upon 
written request, the person to whom the written determination pertains 
or background file document relates shall be notified by the 
Commissioner of intention to disclose such written determination or 
background file document. The notice with respect to a written 
determination, other than a written determination described in Sec. 
301.6110-1(b) (2) or (3) shall be mailed when such written determination 
is issued. The notice with respect to any written determination relating 
to accounting or funding periods and methods, any technical advice 
memoranda involving civil fraud and criminal investigations, and 
jeopardy and termination assessments, and any background file document 
shall be mailed within a reasonable time after the receipt of the first 
written request for inspection thereof.
    (2) Contents of notice. The notice required by paragraph (a)(1) of 
this section shall--
    (i) Include a copy of the text of the written determination or 
background file document, which the Commissioner proposes to make open 
to public inspection or subject to inspection pursuant to a written 
request, on which is indicated (A) the material that the Commissioner 
proposes to delete pursuant to section 6110(c), (B) any substitutions 
proposed to be made therefor, and (C) any third-party communication 
notations required to be placed pursuant to Sec. 301.6110-4(a) on the 
face of the written determination.
    (ii) State that the written determination or background file 
document is to be open to public inspection or subject to inspection 
pursuant to a written request pursuant to section 6110.
    (iii) State that the recipient of the notice has the right to seek 
administrative remedies pursuant to paragraph (b)(1) of this section and 
to commence judicial proceedings pursuant to section 6110(f)(3) within 
indicated time periods, and
    (iv) Prominently indicate the date on which the notice is mailed.
    (b) Actions to restrain disclosure--(1) Administrative remedies. Any 
person to whom a written determination pertains or background file 
document relates, and any successor in interest, executor or authorized 
representative of such person may pursue the administrative remedies 
described in Sec. 601.105(b)(5) (iii)(i) and (vi)(f) and Sec. 
601.201(e) (11) and (16) of this chapter. Any person who has a direct 
interest in maintaining the confidentiality of any written determination 
or background file document or portion thereof may pursue the 
administrative remedies described in Sec. 601.105(b)(5)(vi)(f) and 
Sec. 601.201(e)(16) of this chapter. No person about whom a third-party 
communication notation has been made pursuant to Sec. 301.6110-4(a) may 
pursue any administrative

[[Page 120]]

remedy for the purpose of restraining disclosure of the identity of such 
person where such identity appears with respect to the making of such 
third-party communication.
    (2) Judicial remedy. Except as provided in paragraph (b)(3) of this 
section, any person permitted to resort to administrative remedies 
pursuant to paragraph (b)(1) of this section may, if such person 
proposes any deletion not made pursuant to Sec. 301.6110-3 by the 
Commissioner, file a petition in the United States Tax Court pursuant to 
section 6110(f)(3) for a determination with respect to such proposed 
deletion. If appropriate, such petition may be filed anonymously. Any 
petition filed pursuant to section 6110(f)(3) must be filed within 60 
days after the date on which the Commissioner mails the notice of 
intention to disclose required by section 6110(f)(1).
    (3) Limitations on right to bring judicial actions. No petition 
shall be filed pursuant to section 6110(f)(3) unless the administrative 
remedies provided by paragraph (b)(1) of this section have been 
exhausted. However, if the petitioner has responded within the 
prescribed time period to the notice pursuant to section 6110(f)(1) of 
intention to disclose, but has not received the final administrative 
conclusion of the Internal Revenue Service within 50 days after the date 
on which the Commissioner mails the notice of intention to disclose 
required by section 6110(f)(1), the petitioner may file a petition 
pursuant to section 6110(f)(3). No judicial action with respect to any 
written determination or background file document shall be commenced 
pursuant to section 6110(f)(3) by any person who has received a notice 
with respect to such written determination or background file document 
pursuant to paragraph (b)(4) of this section.
    (4) Required notice. If a proceeding is commenced pursuant to 
section 6110(f)(3) with respect to any written determination or 
background file document, the Secretary shall send notice of the 
commencement of such proceeding to any person to whom such written 
determination pertains or to whom such background file document relates. 
No notice is required to be sent to persons who have filed the petition 
that commenced the proceeding pursuant to section 6110(f)(3) with 
respect to such written determination or background file document. The 
notice shall be sent, by registered or certified mail, to the last known 
address of the persons described in this paragraph (b)(4) within 15 days 
after notice of the petition filed pursuant to section 6110(f)(3) is 
served on the Secretary. For further guidance regarding the definition 
of last known address, see Sec. 301.6212-2.
    (5) Intervention. Any person who is entitled to receive notice 
pursuant to paragraph (b)(4) of this section shall have the right to 
intervene in any action brought pursuant to this section. If 
appropriate, such person shall be permitted to intervene anonymously.
    (c) Time at which open to public inspection--(1) General rule. 
Except as otherwise provided in paragraph (c)(2) of this section, the 
text of any written determination or background file document open to 
public inspection or available for inspection upon written request 
pursuant to section 6110 shall be made open to or available for 
inspection no earlier than 75 days and no later than 90 days after the 
date on which the Commissioner mails the notice required by paragraph 
(a)(1) of this section. However, if an action is brought pursuant to 
section 6110(f)(3) to restrain disclosure of any portion of such written 
determination or background file document the disputed portion of such 
written determination or background file document shall be made open to 
or available for inspection pursuant to paragraph (c)(2)(i) of this 
section.
    (2) Limitations--(i) Court order. The portion of the text of any 
written determination or background file document that was subject to an 
action pursuant to section 6110(f)(3) to restrain disclosure in which 
the court determined that such disclosure should not be restrained shall 
be made open to or available for inspection within 30 days of the date 
that the court order becomes final. However, in no event shall such 
portion of the text of such written determination or background file 
document be made open to or available for inspection earlier than 75 
days after the date on which the Commissioner mails the notice of 
intention to

[[Page 121]]

disclose required by section 6110(f)(1) and paragraph (a)(1) of this 
section. Such 30-day period may be extended for such time as the court 
finds necessary to allow the Commissioner to comply with its decision. 
Any portion of a written determination or background file document which 
a court orders open to public inspection or subject to inspection upon 
written request pursuant to section 6110(f)(4) or disclosed pursuant to 
section 6110(d)(3) shall be made open or subject to inspection or 
disclosed within such time as the court provides.
    (ii) Postponement based on incomplete status of underlying 
transaction--(A) Initial period not to exceed 90 days. The time period 
set forth in paragraph (c)(1) of this section within which a written 
determination shall be made open to public inspection or available for 
inspection upon written request shall be extended, upon the written 
request of the person to whom such written determination pertains or the 
authorized representative of such person, until 15 days after the date 
on which the transaction set forth in the written determination is 
scheduled to be completed, but such day shall be no later than 180 days 
after the date on which the Commissioner mails the notice of intention 
to disclose.
    (B) Additional period. The time period determined pursuant to 
paragraph (c)(2)(ii)(A) of this section shall be further extended upon 
an additional written request, if the Commissioner determines from the 
information contained in such request that good cause exists to warrant 
such extension. This further extension shall be until 15 days after the 
date on which the transaction set forth in the written determination is 
expected to be completed, but such day shall be no later than 360 days 
after the date on which the Commissioner mails the notice of intention 
to disclose. The good cause required by this paragraph (B) exists if the 
person requesting the delay in inspection demonstrates to the 
satisfaction of the Commissioner that it is likely that the lack of such 
extension will cause interference with consummation of the pending 
transaction.
    (C) Written request for extension. The written request for extension 
of the time when a written determination is to be made open to public 
inspection or available for inspection upon written request shall set 
forth the date on which it is expected that the underlying transaction 
will be completed, and, with respect to the additional extension 
described in paragraph (c)(2)(ii)(B) of this section, set forth the 
reason for requesting such extension. A request for extension of time 
may not be submitted until the notice of intention to disclose is mailed 
and must be received by the Internal Revenue Service office which issued 
such written determination no later than--
    (1) In the case of the initial extension, 60 days after the date on 
which the Commissioner mails the notice of intention to disclose, or
    (2) In the case of the additional extension, 15 days before the day 
on which, for purposes of paragraph (c)(2)(ii)(A) of this section, the 
transaction set forth in the written determination was expected to have 
been completed.
    (D) Notice and determination of actual completion. If an extension 
of time for inspection has been granted, and the transaction is 
completed prior to the day on which it was expected to have been 
completed, the Internal Revenue Service office which issued such written 
determination shall be so notified by the person who requested such 
extension. In such event, the written determination shall be made open 
to public inspection or available for inspection upon written request on 
the earlier of (1) 30 days after the day on which the Commissioner is 
notified that the transaction is completed, or (2) the day on which the 
written determination was scheduled to be made open to public inspection 
or available for inspection upon written request pursuant to paragraph 
(c)(2)(ii) of this section. Similarly, if the Commissioner determines 
that the transaction was completed prior to the day on which it was 
expected to have been completed, even if the person requesting such 
extension has not so notified the Internal Revenue Service, the written 
determination shall be made open to public inspection or available for 
inspection upon written request on the earlier of (1) the day which is 
30 days after the

[[Page 122]]

Commissioner ascertains that the transaction is completed sooner than 
has been expected, or (2) the day on which the written determination was 
scheduled to be made open to public inspection or available for 
inspection upon written request pursuant to paragraph (c)(2)(ii) of this 
section.
    (d) Actions to obtain additional disclosure--(1) Administrative 
remedies. Under section 6110(f)(4) any person may seek to obtain 
additional disclosure of information contained in any written 
determination or background file document that has been made open or 
subject to inspection. A request for such additional disclosure shall be 
submitted to the Internal Revenue Service office which issued such 
written determination, or to which the request for inspection of such 
background file document has been submitted pursuant to Sec. 301.6110-
1(c)(4), and must contain the file number of the written determination 
or a description of the background file document (including the file 
number of the related written determination), the deleted information 
which in the opinion of such person should be open or subject to 
inspection, and the basis for such opinion. If the Internal Revenue 
Service determines that the request constitutes a request for disclosure 
of the name, address, or the identifying numbers described in Sec. 
301.6110-3(a)(1)(i) of any person, it shall within a reasonable time 
notify the person requesting such disclosure that disclosure will not be 
made. If the Internal Revenue Service determines that the request or any 
portion thereof constitutes a request for disclosure of information 
other than the name, address, or the identifying numbers described in 
Sec. 301.6110-3(a)(1)(i) of any person, it shall send a notice that 
such additional disclosure has been requested to any person to whom the 
written determination pertains or background file document relates, and 
to all persons who are identified by name and address in the written 
determination or background file document. Notice that such persons have 
been contacted shall be sent to the person requesting the additional 
disclosure. The notice that additional disclosure has been requested 
shall state that the Internal Revenue Service has determined that 
additional disclosure of information other than the name, address, or 
the identifying numbers described in Sec. 301.6110-3(a)(1)(i) of any 
person has been requested, inform the recipient of the notice that the 
person seeking the additional disclosure has the right under section 
6110(f)(4) to bring a judicial action to attempt to compel such 
disclosure, and request the recipient of the notice to reply within 20 
days by submitting a statement of whether or not the recipient of the 
notice agrees to the requested disclosure or portion thereof. If all 
persons to whom a notice is sent pursuant to this paragraph (d)(1) of 
this section agree to disclose the requested information or any portion 
thereof, the person seeking such disclosure will be so informed; the 
written determination or background file document shall be accordingly 
revised to disclose the information with respect to which an agreement 
to disclose has been reached. If any of the persons to whom a notice is 
sent pursuant to this paragraph (d)(1) of this section do not agree to 
the additional disclosure or do not respond to such notice, the Internal 
Revenue Service shall within a reasonable time so notify the person 
requesting such disclosure, and deny the request for additional 
disclosure.
    (2) Judicial remedy. Except as provided in paragraph (d)(3) of this 
section, any person who seeks to obtain additional disclosure of 
information contained in any written determination or background file 
document may file a petition pursuant to section 6110(f)(4) in the 
United States Tax Court or a complaint in the United States District 
Court for the District of Columbia for an order requiring that such 
information be made open or subject to inspection. Nothing in this 
paragraph shall prevent the Commissioner from disposing of written 
determinations and related background file documents pursuant to Sec. 
301.6110-7(a).
    (3) Limitations on right to bring judicial action--(i) Exhaustion of 
administrative remedies. No petition or complaint shall be filed 
pursuant to section 6110(f)(4) unless the administrative remedies 
provided by paragraph (d)(1) of this section have been exhausted. 
However, if the Internal Revenue Service does not

[[Page 123]]

approve or deny the request for additional disclosure within 180 days 
after the request is submitted, the person making the request may file a 
petition pursuant to section 6110(f)(4).
    (ii) Actions to obtain identity. No petition or complaint shall be 
filed pursuant to section 6110(f)(4) to obtain disclosure of the 
identity of any person to whom a written determination on which a third-
party communication notation has been placed pursuant to Sec. 301.6110-
4(a) pertains. Such actions shall be brought pursuant to section 
6110(d)(3).
    (4) Required notice. If a proceeding is commenced pursuant to 
section 6110(f)(4) with respect to any written determination or 
background file document, the Secretary shall send notice of the 
commencement of such proceeding to any person to whom the written 
determination pertains or background file document relates, and to all 
persons who are identified by name and address in the written 
determination or background file document. The notice shall be sent, by 
registered or certified mail, to the last known address of the persons 
described in this paragraph (d)(4) within 15 days after notice of the 
petition or complaint filed pursuant to section 6110(f)(4) is served on 
the Secretary.
    (5) Intervention. Any person who is entitled to receive notice 
pursuant to paragraph (d)(4) of this section shall have the right to 
intervene in any action brought pursuant to this section. If 
appropriate, such person shall be permitted to intervene anonymously.

[T.D. 7524, 42 FR 63415, Dec. 16, 1977, as amended by T.D. 8939, 66 FR 
2819, Jan. 12, 2001]



Sec. 301.6110-6  Written determinations issued in response to requests submitted before November 1, 1976.

    (a) Inspection of written determinations and background file 
documents--(1) General rule. Except as provided in this section, the 
text of any written determination issued in response to a request 
postmarked or hand delivered before November 1, 1976 and any related 
background file document shall be open or subject to inspection in 
accordance with the rules in Sec. Sec. 301.6110-1 through 301.6110-5 
and 301.6110-7. However, the rules in Sec. 301.6110-4 do not apply to 
inspection under this section. The rules in Sec. 301.6110-5 (a), (b) 
and (c) also do not apply, except with respect to background file 
documents.
    (2) Exclusions. The following written determinations are not open or 
subject to inspection under this section.
    (i) Written determinations with respect to matters for which the 
determination of whether public inspection should occur is made under 
section 6104. Some of these matters are listed in Sec. 301.6110-1(a).
    (ii) Written determinations issued before September 2, 1974, dealing 
with the qualification of a plan described in section 6104(a)(1)(B)(i) 
or the exemption from tax under section 501(a) of an organization 
forming part of such a plan.
    (iii) Written determination issued pursuant to requests submitted 
before November 1, 1976 with respect to the exempt staus under section 
501(a) of organizations described in section 501 (c) or (d), the status 
of organizations as private foundations under section 509(a), or the 
status of organizations as operating foundations under section 
4942(j)(3).
    (iv) General written determinations that relate solely to accounting 
or funding periods and methods, as defined in Sec. 301.6110-1(b)(3).
    (v) Determination letters.
    (3) Items that may be inspected only under certain circumstances--
(i) Background file documents. A background file document relating to a 
particular written determination issued in response to a request 
submitted before November 1, 1976 shall not be subject to inspection 
until the related written determination is open to public inspection or 
available for inspection, and then only if a written request pursuant to 
Sec. 301.6110-1(c)(4) is made for inspection of the background file 
document. However, the following background file documents are not open 
or subject to inspection:
    (A) Background file documents relating to general written 
determinations issued before July 5, 1967.
    (B) Background file documents relating to written determinations 
described in paragraph (a)(2) of this section.

[[Page 124]]

    (ii) General written determinations issued before July 5, 1967. 
General written determinations issued before July 5, 1967 shall not be 
subject to inspection until all other written determinations issued in 
response to requests postmarked or hand delivered before November 1, 
1976 that are open to inspection under this section have been made open 
to public inspection, and then only if a written request pursuant to 
Sec. 301.6110-1(c)(4) is made for inspection of the written 
determination. In this regard, the request for inspection must also 
contain the section of the Internal Revenue Code in which the requester 
is interested and the dates of issuance of the written determinations.
    (b) Notice and time requirements, and actions to restrain 
disclosure--(1) Notice-- (i) General rule. Before a written 
determination is made open to public inspection and before a particular 
written determination is subject to inspection in response to the first 
written request therefor, the Commissioner shall publish in the Federal 
Register a notice that the written determination is to be made open or 
subject to inspection. Notices with respect to written determinations, 
other than those described in paragraph (a)(3)(ii) of this section, 
shall be published at the earliest practicable time after this 
regulation is adopted as a Treasury decision. Notices with respect to 
written determinations subject to inspection upon written request shall 
be published within a reasonable time after the receipt of the first 
written request for inspection thereof, but no sooner than the day as of 
which all other written determinations open to public inspection under 
this section have been made open to public inspection. Notices with 
respect to background file documents shall be sent in accordance with 
the rules in Sec. 301.6110-5(a) and will be mailed by the Internal 
Revenue Service to the most recent addresses of the persons to whom the 
background file document relates that are in the written determination 
file.
    (ii) Sequence of notices. Notices with respect to written 
determinations, other than general written determinations issued before 
July 5, 1967, shall be published in the following order. The first 
category is notices with respect to reference written determinations 
issued under the Internal Revenue Code of 1954. The second category is 
notices with respect to general written determinations issued after July 
4, 1967. The third category is notices with respect to reference written 
determinations issued under the Internal Revenue Code of 1939 or 
corresponding provisions of prior law. Within a category, the 
Commissioner may publish notices individually or for groups of written 
determinations arranged according to the jurisdictions of the ruling 
branches in the Office of the Assistant Commissioner (Technical) and the 
Assistant Commissioner (Employee Plans and Exempt Organizations), as the 
Commissioner may find reasonable. To the extent practicable, notices 
published individually shall be published in the reverse order of the 
issuance of the written determinations for which they are published, 
starting with the most recent written determination issued. To the 
extent practicable, each group shall consist of consecutively issued 
written determinations. Notices for groups shall be published, to the 
extent practicable, in the reverse order of the time period of issuance 
of the written determinations in each group, starting with the most 
recent time period.
    (iii) Contents of notice. The notice required by paragraph (b)(1)(i) 
of this section shall:
    (A) Identify by subject matter description and dates of issuance the 
written determinations that the Commissioner proposes to make open or 
subject to inspection.
    (B) State that the written determinations will be made open or 
subject to inspection pursuant to section 6110(h),
    (C) State that the persons to whom the written determinations 
pertain have the right to seek administrative remedies under paragraph 
(b)(2)(ii) of this section and to commence judicial proceedings under 
section 6110(h)(4) within indicated time periods,
    (D) State that there exist the possibilities that someone might 
request additional disclosure under section 6110(f)(4) and that someone 
might request inspection of a related background file document, and
    (E) State that any notice that must be mailed by the Internal 
Revenue

[[Page 125]]

Service will be sent to the most recent address of the person to whom 
the notice must be sent that is in the relevent written determination 
file.
    (2) Actions to restrain disclosure--(i) Information on written 
determinations described by notice. Any person may, within 15 days after 
the Commissioner publishes in the Federal Register a notice of intention 
to disclose a written determination under section 6110(h), request the 
Internal Revenue Service to provide certain information. This 
information includes whether any of the written determinations described 
by the notice is one that was issued to the person requesting this 
information. The Internal Revenue Service will also inform the person 
whether any of the written determinations described by the notice is one 
that was issued to a person with respect to whom the person requesting 
this information is a successor in interest executor or authorized 
representative. However, in order to do so, the Internal Revenue Service 
must be given the name and taxpayer identifying number of this other 
person and documentation of the relationship between that person and the 
person requesting the information. If the person requesting this 
information is a person to whom a written determination described by the 
notice pertains, or a successor in interest, executor, or authorized 
representative of that person, the Internal Revenue Service will also 
provide the person with a copy of the written determination on which is 
indicated the material that the Commissioner proposes to delete under 
section 6110(c) and any substitution proposed to be made therefor.
    (ii) Administrative remedies. Any person to whom a written 
determination described by the notice in the Federal Register pertains, 
and any successor in interest, executor or authorized representative of 
that person may pursue the administrative remedies described in this 
paragraph (b)(2)(ii). If after receiving the information described in 
paragraph (b)(2)(i) of this section, the person pursuing these 
administrative remedies desires to protest the disclosure of certain 
information in the written determination, that person must within 35 
days after the notice is published submit a written statement 
identifying those deletions not made by the Internal Revenue Service 
which the person believes should have been made. The person pursuing 
these administrative remedies must also submit a copy of the version of 
the written determination proposed to be open or subject to inspection 
on which that person indicates, by the use of brackets, the deletions 
which the person believes should have been made. The Internal Revenue 
Service shall, within 20 days after receipt of the response by the 
person pursuing these administrative remedies, mail to that person its 
final administrative conclusion with respect to the deletions to be 
made.
    (iii) Judicial remedy. Except as provided in paragraph (b)(2)(iv) of 
this section, any person permitted to resort to administrative remedies 
under paragraph (b)(2)(ii) of this section may, if that person proposed 
any deletion not made under section 6110(c) by the Commissioner, file a 
petition in the United States Tax Court under section 6110(h)(4) for a 
determination with respect to the proposed deletion. If appropriate, the 
petition may be filed anonymously. Any petition filed under section 
6110(h)(4) must be filed within 75 days after the date on which the 
Commissioner publishes in the Federal Register the notice of intention 
to disclose required under section 6110(h)(4).
    (iv) Limitations on right to bring judicial actions. No petition 
shall be filed under section 6110(h)(4) unless the administrative 
remedies provided by paragraph (b)(2)(ii) of this section have been 
exhausted. However, under two circumstances the petition may be filed 
even though the administrative remedies have not been exhausted. The 
first circumstance is if the petitioner requests the information 
described in paragraph (b)(2)(i) of this section within 15 days after 
the notice of intention to disclose is published in the Federal 
Register, but does not receive it within 30 days after the notice is 
published. The other circumstance is if the petitioner submits the 
statement of deletions within 35 days after the notice is published, but 
does not receive the final administrative conclusion of the Internal 
Revenue Service within 65 days after the notice is published. No

[[Page 126]]

judicial action with respect to any written determination shall be 
commenced under section 6110(h)(4) by any person who has received a 
notice with respect to the written determination under paragraph 
(b)(2)(v) of this section.
    (v) Required notice. If a proceeding is commenced under section 
6110(h)(4) with respect to any written determination, the Secretary 
shall send notice of the commencement of the proceeding to any person to 
whom the written determination pertains. No notice is required to be 
sent to persons who have filed the petition that commenced the 
proceeding under section 6110(h)(4) with respect to the written 
determination. The notice shall be sent, by registered or certified 
mail, to the last known address of the persons described in this 
paragraph (b)(2)(v) within 15 days after notice of the petition filed 
under section 6110(h)(4) is served on the Secretary. For further 
guidance regarding the definition of last known address, see Sec. 
301.6212-2.
    (vi) Intervention. Any person who is entitled to receive notice 
under paragraph (b)(2)(v) of this section has the right to intervene in 
any action brought under this paragraph (b)(2). If appropriate, this 
person shall be permitted to intervene anonymously.
    (vii) Background file documents. The following qualifications of the 
rules in Sec. 301.6110-5(b) apply with respect to the restraint of 
disclosure of background file documents related to written 
determinations to which this section applies. First, the administrative 
remedies described in Sec. Sec. 601.105 (b)(5)(iii)(i) and 
601.201(e)(11) of this chapter do not apply. Second, the rule in 
Sec. Sec. 601.105(b)(5)(vi)(f) and 601.201(e)(16) that the Internal 
Revenue Service will not consider the deletion of material not proposed 
for deletion prior to the issuance of the written determination does not 
apply.
    (3) Time at which open to public inspection--(i) General rule. 
Except as otherwise provided in paragraph (b)(3)(ii) of this section, 
the text of any written determination open to public inspection or 
available for inspection upon written request under section 6110(h) 
shall be made open to or available for inspection no earlier than 90 
days and no later than 120 days after the date on which the Commissioner 
publishes in the Federal Register the notice of intention to disclose 
required under section 6110(h)(4). However, if an action is brought 
under section 6110(h)(4) to restrain disclosure of any portion of a 
written determination, the disputed portion of that written 
determination shall be made open to or available for inspection under 
paragraph (b)(3)(ii) of this section.
    (ii) Limitation on account of court order. The portion of the text 
of any written determination that was subject to an action under section 
6110(h)(4) to restrain disclosure in which the court determined that the 
disclosure should not be restrained shall be made open to or available 
for inspection within 30 days of the date that the court order becomes 
final. However, in no event shall that portion of the text of that 
written determination be made open to or available for inspection 
earlier than 90 days after the date on which the Commissioner publishes 
in the Federal Register the notice of intention to disclose required by 
section 6110(h)(4) and paragraph (b)(1) of this section. This 30-day 
period may be extended for such time as the court finds necessary to 
allow the Commissioner to comply with its decision. Any portion of a 
written determination which a court orders open to public inspection or 
subject to inspection upon written request under section 6110(f)(4) 
shall be open or subject to inspection within such time as the court 
provides.
    (iii) Background file documents. The rules in Sec. 301.6110-
5(c)(2)(ii) do not apply with respect to the time at which background 
file documents related to written determinations to which this section 
applies are subject to inspection.

[T.D. 7548, 43 FR 20791, May 15, 1978, as amended by T.D. 8939, 66 FR 
2819, Jan. 12, 2001]



Sec. 301.6110-7  Miscellaneous provisions.

    (a) Disposition of written determinations and background file 
documents--(1) Reference written determinations. The Internal Revenue 
Service shall not dispose of any reference written determinations or 
related background file

[[Page 127]]

documents. The Commissioner may reclassify reference written 
determinations as general written determinations if the classification 
as reference was erroneous or if the Commissioner determines that such 
written determination no longer has any significant reference value. 
Notwithstanding the preceding sentence, the Commissioner shall not 
classify as a general written determination any written determination 
which is determined to be the basis for a published revenue ruling 
unless such revenue ruling is obsoleted, revoked, superseded or 
otherwise held to have no effect.
    (2) General written determinations. The Internal Revenue Service may 
dispose of general written determinations and any background file 
document relating to such written determination pursuant to its 
established records disposition procedures. Disposition of a written 
determination shall not occur earlier than 3 years after the date on 
which such written determination is made open to public inspection or 
available for inspection upon written request. Disposition of a 
background file document shall not occur earlier than 3 years after the 
date on which the related written determination is made open to public 
inspection or available for inspection upon written request.
    (b) Precedential status of written determinations open to public 
inspection. A written determination may not be used or cited as 
precedent, but the rule set forth in this paragraph shall not apply to 
change the precedential status, if any, of written determinations issued 
with respect to taxes imposed by subtitle D of the Internal Revenue Code 
of 1954.
    (c) Civil remedies--(1) Liability for failure to make deletions or 
to conform to time limitations--(i) Creation of remedy. An exclusive 
remedy against the Commissioner shall exist in the Court of Claims for--
    (A) The person to whom the written determination pertains whenever 
the Commissioner fails to act in accordance with the time requirements 
of section 6110(g), and
    (B) The person to whom the written determination pertains and any 
person identified in such written determination whenever the 
Commissioner fails to make deletions required by section 6110(c) if as a 
consequence of such failure there is disclosed the identity of such 
person or other information with respect to such person that is required 
to be deleted pursuant to section 6110(c).
    (ii) Limitations. The remedy provided in paragraph (c)(1)(i) of this 
section for failure to make deletions shall be available only if--
    (A) The failure of the Commissioner to make the deletions required 
by section 6110(c) is intentional or willful,
    (B) The Commissioner fails to make any deletion required by section 
6110(c) which the Commissioner has agreed to make, or
    (C) The Commissioner fails to make any deletion which a court has 
ordered to be made pursuant to section 6110(f)(3).
    (iii) Damages. In any suit brought pursuant to paragraph (c)(1)(i) 
of this section in which the court determines that an employee of the 
Internal Revenue Service intentionally or willfully failed to make a 
deletion required by section 6110(c), or intentionally or willfully 
failed to act in accordance with the time requirements of section 
6110(g), the United States shall be liable, to the person described in 
paragraph (c)(1)(i) of this section who brought the action, in an amount 
equal to the sum of--
    (A) Actual damages sustained by such person but in no case shall 
such person be entitled to receive less than the sum of $1,000.
    (B) The costs of the action, and
    (C) Reasonable attorney's fees as determined by the court.
    (2) Liability for making additional disclosure of information. The 
Commissioner shall not be liable for making any additional disclosure 
ordered pursuant to an action described in Sec. 301.6110-5(d)(2) if the 
notice required by Sec. 301.6110-5(d)(4) is sent.
    (3) Obligation to defend action for additional disclosure. The 
Commissioner shall not be required to defend any action brought to 
obtain additional disclosure pursuant to section 6110(f)(4) if the 
notice required by Sec. 301.6110-5(d)(4) is sent.

[[Page 128]]

    (4) Obligation to make deletions. The Commissioner shall be 
obligated to make only those deletions required by section 6110(c) which 
he has agreed to make, those which a court has ordered to be made 
pursuant to Sec. 301.6110-5(b)(2) and those the omission of which would 
be intentional or willful.
    (d) Fees--(1) General rule--(i) Copies. The Commissioner may 
prescribe fees pursuant to Sec. 607.702(f)(4) of this chapter for the 
costs of furnishing copies of material open to public inspection or 
subject to inspection upon written request pursuant to section 6110.
    (ii) Preparation of information available upon request. The 
Commissioner may prescribe fees pursuant to Sec. 601.702(f) of this 
chapter for the costs of searching for and making deletions from any 
written determinations and background if documents that are subject to 
inspection only upon written request pursuant to Sec. 301.6110-1(b).
    (2) Reduction or waiver of fees--(i) Public interest. The 
Commissioner shall reduce or waive the fees described in paragraph 
(d)(1) of this section if the Commissioner determines that furnishing 
copies of, searching for, or making deletions from any written 
determination or background file document primarily benefits the general 
public, as described in Sec. 601.702(f)(2)(ii)(B) of this chapter.
    (ii) Previous requests. The Commissioner may waive the fees 
described in paragraph (d)(1) of this section for searching for any 
written determination or background file document if the search for such 
written determination or background file document was made pursuant to a 
previous request for inspection thereof. The Commissioner shall waive 
the fees described in paragraph (d)(1) of this section for making 
deletions from any written determination or background file document if 
the making of such deletions from such written determination or 
background file document was made pursuant to a previous request for 
inspection thereof. Nothing in this (d)(2)(ii) shall prevent the 
Commissioner from prescribing fees for making additional deletions from 
such written determination or background file document pursuant to Sec. 
301.6110-5(b).

[T.D. 7524, 42 FR 63417, Dec. 16, 1977]



Sec. 301.6111-1T  Questions and answers relating to tax shelter registration.

    The following questions and answers relate to the tax shelter 
registration requirements of section 6111 of the Internal Revenue Code 
of 1954, as added by section 141(a) of the Tax Reform Act of 1984 (Pub. 
L. 98-369, 98 Stat. 678).

                            TABLE OF CONTENTS

    The following table of contents is provided as part of these 
temporary regulations to help the reader locate relevant provisions. The 
headings are to be used only as a matter of convenience and have no 
substantive effect.

                               In General

Overview of tax shelter registration, A-1
Overview of applicable penalties, A-2
Effect of registration, A-3

                           Tax Shelter Defined

Definition of tax shelter, A-4

                            Tax Shelter Ratio

Definition of tax shelter ratio, A-5

       Deductions and Credits Represented as Potentially Allowable

Definition of amount of deductions and credits, A-6
Definition of year, A-7
Definition of explicit representation, A-8
Definition of inferred representation, A-9
Effect of qualified representation, A-10
Representation regarding interest deduction, A-11
Representation regarding unintended events, A-12

                             Investment Base

Definition of investment base, A-13
Amounts eliminated from investment base, A-14

                    Tax Shelter Ratio--Miscellaneous

Effect of different ratios for different investors, A-15
Effect of alternate financing arrangements, A-16

              Investments Subject to Securities Regulation

Federal law regulating securities, A-17
State law regulating securities, A-18
Exemptions from federal securities registration, A-19
Exemptions from state securities registration, A-20

                         Substantial Investment

Definition of substantial investment, A-21

[[Page 129]]

Aggregation rules, A-22 and A-23

                Exceptions From Tax Shelter Registration

Investments excepted from tax shelter registration, A-24
Certain persons not treated as investors, A-24A

               Persons Required To Register a Tax Shelter

Tax shelter organizer, A-25 and A-26
Principal organizer, A-27
Participant in the organization, A-28 Manager, A-29
Exception for certain unrelated persons, A-30
Sellers, A-31
Absence of representations by organizer, A-32
Exception for suport services, A-33

    Circumstances Under Which Tax Shelter Organizers Are Required To 
                         Register a Tax Shelter

Principal organizer and a participant in the organization, A-34
Manager who has not signed designation agreement, A-35
Seller who has not signed designation agreement, A-36
Person acting in multiple capacities, A-37
Designation agreement (designated organizer), A-38
Person who has signed designation agreement, A-39

                       Registration--General Rules

Date registration is required, A-40
Requirement to provide registration notice to sellers and others, A-41
Definition of sale of an interest, A-42
Definition of offering for sale, A-43
No requirement to submit revised registration form A-44--A-45
Information reported on an amended application, 45A
Effect of resale of an asset, A-46
When registration is complete, A-47
Separate forms required for certain aggregated investments, A-48
Applicability of section 7502, A-49
Required investor disclaimer, A-50

        Furnishing Tax Shelter Registration Numbers to Investors

Who must furnish number, A-51
When number must be furnished, A-52
Form required to furnish number, A-53 and A-54

            Including the Registration Number on Tax Returns

Requirement to include registration number on investor's return, A-55 
and A-57

                      Projected Income Investments

Special rules for projected income investments, A-57A
Definitions relating to projected income, investments A57B--A-57D
Tax shelters ineligible for the special rules, A-57E
Consequences of bad faith or unreasonable projections, A-57F
When a tax shelter ceases to be a projected income investment, A-57G
Special rule for registration, A-57H
Special rule for furnishing registration number, A-57I
Special rule for including registration number on tax return, A-57J

                             Effective Dates

Effective dates, A-58 and A-60

                               In General

    Q-1. What is tax shelter registration?
    A-1. Tax shelter registration is a new provision of the Internal 
Revenue Code that affects organizers, sellers, investors, and certain 
other persons associated with investments that are considered tax 
shelters. The new provision imposes the following three requirements. 
First, a tax shelter must be registered by the tax shelter organizer. 
(See A-4 of this section for the definition of a tax shelter. See A-25 
through A-39 of this section for rules relating to tax shelter 
organizers. See A-26 of this section for rules regarding when the seller 
of an interest in a tax shelter is treated as the tax shelter 
organizer.) Registration is accomplished by filing a properly completed 
Form 8264 with the Internal Revenue Service. The Internal Revenue 
Service will assign a registration number to each tax shelter that is 
registered. Second, any person who sells or otherwise transfers an 
interest in a tax shelter must furnish the registration number of the 
tax shelter to the purchaser or transferee of the interest. (See A-51 
through A-54 of this section for the time and manner in which the number 
must be furnished.) Third, any person who claims a deduction, loss, 
credit, or other tax benefit or reports any income from the tax shelter 
must report the registration number of the tax shelter on any return on 
which the deduction, loss, credit, benefit, or income in included. (See 
A-55 through A-57 of this section for

[[Page 130]]

rules relating to the reporting of tax shelter registration numbers.)
    Q-2. Are penalties provided for failure to comply with the 
requirements of tax shelter registration?
    A-2. Yes. Separate penalties are provided for failure to satisfy any 
of the requirements set forth in A-1 of this section. See A-1 of Sec. 
301.6707-1T for the penalty for failure to register a tax shelter and A-
8 of Sec. 301.6707-1T for the penalty for filing false or incomplete 
information will respect to the registration of a tax shelter. See A-12 
of Sec. 301.6707-1T for the penalty for failure to furnish the tax 
shelter registration number to purchasers or transferees. See A-13 of 
301.6707-1T for the penalty for failure to report the tax shelter 
registration number on a tax return on which a deduction, loss, credit, 
income, or other tax benefit is included. In addition, criminal 
penalties may be imposed for willful noncompliance with the requirements 
of tax shelter registration. See, for example, section 7203, relating to 
willful failure to supply information, and section 7206, relating to 
fraudulent and false statements.
    Q-3. Does registration of a tax shelter with the Internal Revenue 
Service indicate that the Internal Revenue Service has reviewed, 
examined, or approved the tax shelter or the claimed tax benefits?
    A-3. No. Moreover, any representation to prospective investors that 
states that a tax shelter is registered with the Internal Revenue 
Service (or that registration is being sought) must include a legend 
stating that registration does not indicate that the Internal Revenue 
Service has reviewed, examined or approved the tax shelter or any of the 
claimed tax benefits. (See A-50 of this section for the form and content 
of the legend.)

                           Tax Shelter Defined

    Q-4. What investments are tax shelters that are required to be 
registered with the Internal Revenue Service?
    A-4. A tax shelter is any investment that meets the following two 
requirements:
    (I) The investment must be one with respect to which a person could 
reasonably infer, from the representations made or to be made in 
connection with any offer for sale of any interest in the investment, 
that the tax shelter ratio for any investor may be greater than 2 to 1 
as of the close of any of the first 5 years ending after the date on 
which the investment is offered for sale.
    (II) The investment must be (i) required to be registered under a 
federal or state law regulating securities, (ii) sold pursuant to an 
exemption from registration requiring the filing of a notice with a 
federal or state agency regulating the offering or sale of securities, 
or (iii) a substantial investment.
    An investment that satisfies these two requirements is considered a 
tax shelter for registration purposes regardless of whether it is 
marketed or customarily designated as a tax shelter. See A-5 of this 
section for the definition of tax shelter ratio. See A-17 and A-18 of 
this section for the definition of an investment required to be 
registered under a federal or state law regulating securities. See A-19 
and A-20 of this section for the definition of an investment sold 
pursuant to an exemption from registration requiring the filing of a 
notice. See A-21 of this section for the definition of a substantial 
investment.

                            Tax Shelter Ratio

    Q-5. What does the term ``tax shelter ratio'' mean?
    A-5. The term ``tax shelter ratio'' means, with respect to any year, 
the ratio that the aggregate amount of deductions and 200 percent of the 
credits that are or will be represented as potentially allowable to an 
investor under subtitle A of the Internal Revenue Code for all periods 
up to (and including) the close of such year, bears to the investment 
base for such investor as of the close of such year.

       Deductions and Credits Represented as Potentially Allowable

    Q-6. What do the terms ``amount of deductions'' and ``credits'' 
mean?
    A-6. The term ``amount of deductions'' means the amount of gross 
deductions and other similar tax benefits potentially allowable with 
respect to the investment. The gross deductions

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are not to be offset by any gross income to be derived or potentially 
derived from the investment. Thus, the term ``amount of deductions'' is 
not equivalent to the net loss, if any, attributable to the investment. 
The term ``credits'' means the gross amount of credits potentially 
allowable with respect to the investment without regard to any possible 
tax liability resulting from the investment or any potential recapture 
of the credits.
    Q-7. What does the term ``year'' mean for purposes of determining 
the tax shelter ratio?
    A-7. The term ``year'' means the taxable year of a tax shelter, or 
if the tax shelter has no taxable year, the calendar year.
    Q-8. Under what circumstances is a deduction or credit considered to 
be represented as being potentially allowable to an investor?
    A-8. A deduction or credit is considered to be represented as being 
potentially allowable to an investor if any statement is made (or will 
be made) in connection with the offering for sale of an interest in an 
investment indicating that a tax deduction or credit is available or may 
be used to reduce federal income tax or federal taxable income. 
Representations of tax benefits may be oral or written and include those 
made at the time of the initial offering for sale of interests in the 
investment, such as advertisements, written offering materials, 
prospectuses, or tax opinions, and those that are expected to be made 
subsequent to the initial offering. Representations are not confined 
solely to statements regarding actual dollar amounts of tax benefits, 
but also include general representations that tax benefits are available 
with respect to an investment. Thus, for example, an advertisement 
stating that ``purchase of restaurant includes trade fixtures (5-year 
write-off and investment tax credit)'' constitutes an explicit 
representation of tax benefits.
    Q-9. If a deduction or credit is not explicitly represented as being 
potentially allowable to an investor may it be inferred as a represented 
tax benefit that is includible in the tax shelter ratio?
    A-9. Yes. Although some explicit representation concerning tax 
benefits is necessary before an investment may be considered a tax 
shelter, once an explicit representation is made (or will be made) 
regarding any tax benefit, all deductions or credits typically 
associated with the investment will be inferred to have been represented 
as potentially allowable. Thus, the tax shelter ratio will be determined 
with reference to those tax benefits that are explicitly represented as 
being potentially allowable as well as all other tax benefits that are 
typically associated with the investment. The amount of each deduction 
or credit that is includible in the tax shelter ratio, if not 
specifically represented as to amount, should be reasonably estimated 
based on representations of economic value or economic projections, if 
any, or on any other information available to the tax shelter organizer. 
Reasonable estimates of deductions or credits may take into account past 
experience with similar investments. Reasonable estimates must assume 
use of the most accelerated allowable basis for cost recovery 
deductions.
    As an example of the application of this A-9, assume that an 
advertisement explicitly states that a building is eligible for the 
investment tax credit for rehabilitation of a certified historic 
structure, but makes no mention of cost recovery deductions, 
amortization deductions for construction period interest and taxes, real 
estate taxes after construction, ongoing maintenance expenses, or other 
deductions or credits typically associated with a building. Reasonable 
estimates of all such deductions and credits must be included with the 
investment tax credit explicitly represented in determining the tax 
shelter ratio associated with any investor's acquisition of an interest 
in the building.
    Q-10. Does the fact that representations are made (or to be made) 
indicating that a deduction may be offset by income from the investment 
or that a deduction or credit may be subject to recapture or may be 
disallowed on audit affect the computation of the tax shelter ratio?
    A-10. No. Deductions and credits represented as being potentially 
allowable are taken into account in computing the tax shelter ratio 
regardless of

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whether any qualifying statements are made.
    Q-11. Is interest to be paid by an investor with respect to a debt 
obligation incurred in connection with the acquisition of an interest in 
the tax shelter included in the aggregate amount of deductions?
    A-11. If a deduction for such interest is explicitly represented (or 
will be represented) as being potentially allowable, the interest is 
includible in the aggregate amount of the deductions. In addition, any 
interest to be paid with respect to a debt obligation the proceeds of 
which reduce the investment base (see A-14 of this section), regardless 
of whether a deduction for such interest is explicitly represented as 
being allowable, will be considered a deduction typically associated 
with the investment (see A-9 of this section). Accordingly, such 
interest will be considered to be represented as being potentially 
allowable and must be taken into account in computing the tax shelter 
ratio. If interest to be paid with respect to a debt obligation the 
proceeds of which do not reduce the investment base (see A-14 of this 
section) is not explicitly represented as being potentially allowable, 
however, such interest will not be considered typically associated with 
the investment and will not be taken into account in computing the tax 
shelter ratio.
    Q-12. If representations are made that part or all of an amount 
invested in a tax shelter will be deductible upon the occurrence of an 
unintended event, will the deduction be included in the aggregate amount 
of deductions?
    A-12. No. Thus, for example, if representations are made that a 
person's investment in a tax shelter may give rise to a loss deduction 
if the investment becomes worthless, the amount of the loss deduction 
will not be included in the aggregate amount of deductions and will not 
be taken into account in computing the tax shelter ratio. Similarly, if 
representations are made that the costs of acquiring oil and gas lease 
interests may be deductible if the lease is proved worthless by 
abandonment, the amount of any loss deduction will not be included in 
the aggregate amount of deductions.

                             Investment Base

    Q-13. What does the term ``investment base'' mean?
    A-13. The term ``investment base'' means, with respect to any year 
(as defined in A-7 of this section), means the cumulative amount of 
money and the adjusted basis of other property (reduced by any liability 
to which such other property is subject) that is unconditionally 
required to be contributed or paid directly to the tax shelter on or 
before the close of such year by an investor.
    Q-14. What amounts must be eliminated from the investment base?
    A-14. The investment base must be reduced by the following amounts:
    (1) Any amount borrowed by the investor, even if borrowed on a 
recourse basis, from any person who participated in the organization, 
sale, or management of the investment or who has an interest (other than 
an interest as a creditor) in the investment (``a participating 
person'') or from any person who is related (as defined in section 168 
(e)(4)) to a participating person, unless the amount is unconditionally 
required to be repaid by the investor before the close of the year for 
which the determination is being made. An amount will be considered 
unconditionally required to be repaid by the investor only if any 
offering material in which the borrowed amount is described and any 
agreement to be entered into between a participating (or related) person 
and the investor provide that the amount must be repaid (without 
exception) by the end of the year for which the determination is being 
made. An amount that is to be repaid only from earnings of the 
investment is not an amount that is unconditionally required to be 
repaid and is thus excluded from the investment base. In addition, an 
amount is not unconditionally required to be repaid if the amount will 
be (or is expected to be) reloaned to the investor during the 5-year 
period ending after the date the investment is offered for sale.
    (2) Any amount borrowed by the investor, even if borrowed on a 
recourse basis, from a person, if the loan is arranged by a 
participating (or related) person, unless the amount is unconditionally 
required to be repaid by the

[[Page 133]]

investor before the close of the year for which the determination is 
being made. Any borrowing that is represented (orally or in writing) as 
being available from a specific source will be treated as arranged by a 
participating (or related) person, if the participating (or related) 
person provides a list of investors, or information relating to the 
investment, to the lender or otherwise informs the lender about the 
investment. However, in the case of an amount borrowed on a recourse 
basis, the mere fact that a lender who is actively and regularly engaged 
in the business of lending money obtained information relating to the 
investment, from a participating (or related) person, solely in response 
to a lender's request made in connection with such borrowing or a prior 
loan to the investment, a participating (or related) person, or an 
investor, will not, by itself, result in a determination that the loans 
are arranged by a participating (or related) person. Financing may be 
treated as arranged by a participating (or related) person regardless of 
whether a commitment to provide the financing is made by the lender to 
the participating or related person.
    For example, assume that a tax shelter organizer represents that the 
purchase of an interest in a tax shelter may be financed with the 
proceeds of a revolving loan, and the tax shelter organizer provides 
investors with the names of several banks or other lending institutions 
to which the tax shelter organizer has provided information about the 
investment. Assume further that the information was not provided in 
response to requests from such lending institutions made in connection 
with prior loans. The proceeds of the revolving loan will be excluded 
from the investment base because the loan is not unconditionally 
required to be repaid and it is treated as having been arranged by the 
tax shelter organizer.
    (3) Any amount borrowed, directly or indirectly, from a lender 
located outside the United States (``foreign-connected financing''), of 
which a participating (or related) person knows or has reason to know.
    (4) Any amounts to be held for the benefit of investors in cash, 
cash equivalents, or marketable securities. An amount is to be held in 
cash equivalents if the amount is to be held in a checking account, 
savings account, mutual fund, certificate of deposit, book entry 
government obligation, or any other similar account or arrangement. 
Marketable securities are any securities that are part of an issue any 
portion of which is traded on an established securities market and any 
securities that are regularly quoted by brokers or dealers making a 
market.
    (5) Any distributions (whether of cash or property) that will be 
made without regard to the income of the tax shelter, but only to the 
extent such distributions exceed the amount to be held as of the close 
of the year in cash, cash equivalents, or marketable securities.

                    Tax Shelter Ratio--Miscellaneous

    Q-15. Does an investment satisfy the requirement in A-4 (I) of this 
section (``the tax shelter ratio requirement'') if it may be inferred 
from the representations made or to be made to investors that the tax 
shelter ratio for some, but not all, of the investors may be greater 
than 2 to 1 as of the close of any one of the first five years?
    A-15. Yes. If the tax shelter ratio for any one investor may be 
greater that 2 to 1, the investment satisfies the tax shelter ratio 
requirement and is a tax shelter if it also meets the requirement in A-
4(II) of this section. Moreover, an investment will satisfy the tax 
shelter ratio requirement even if the tax shelter ratio for a single 
investor exceeds 2 to 1 as of the close of only one of the first five 
years.
    For purposes of computing the tax shelter ratio for a year, all 
persons with interests in the investment are considered investors, 
except that general partners in a limited partnership will not be 
treated as investors in the partnership if the general partners' 
aggregate interest in each item of partnership income, gain, loss, 
deduction, and credit for such year is not expected to exceed 2 percent. 
In determining the general partners' interest in such items, limited 
partnership interests owned by general partners shall not be taken into 
account. For purposes other than the computation of the tax shelter 
ratio, however, all general partners

[[Page 134]]

will be treated as investors. Thus, for example, a general partner with 
a 1 percent interest in a limited partnership will be treated as an 
investor for the purpose of determining whether the partnership is a 
substantial investment.
    Q-16. If a person could reasonably infer from the representations 
made or to be made about an investment that the tax shelter ratio for 
the investment may be greater than 2 to 1 under one arrangement for 
financing the purchase of an interest by an investor, but would be 2 to 
1 or less under an alternative financing arrangement, does the 
investment satisfy the tax shelter ratio requirement of A-4 (I) of this 
section.
    A-16. Yes. An investment satisfies the tax shelter ratio requirement 
of A-4 (I) of this section if a person could reasonably infer from the 
representations made or to be made that the tax shelter ratio for any 
person may be greater than 2 to 1 as of the close of any one of the 
first five years. The tax shelter ratio requirement is met if the tax 
shelter ratio may exceed 2 to 1 under any type of financing arrangement 
that is or will be represented as being available to investors.

              Investments Subject to Securities Regulation

    Q-17. What is an investment that is required to be registered under 
a federal law regulating securities?
    A-17. An investment required to be registered under a federal law 
regulating securities is any public offering of an investment that is 
required to be registered under the Securities Act of 1933 (1933 Act), 
the Investment Company Act of 1940, or any other federal law regulating 
securities. An investment is required to be registered under the 1933 
Act, the Investment Company Act, or any other federal law regulating 
securities, if failure to register the investment would result in a 
violations of the applicable federal law, whether or not the investment 
has in fact been registered and, if proper notice has not been filed, 
whether or not the investment could have been sold pursuant to an 
exemption listed in A-19 of this section if such notice had been filed.
    Q-18. What is an investment required to be registered under a state 
law regulating securities?
    A-18. An investment required to be registered under a state law 
regulating securities is any investment required to be registered under 
a blue sky law or other similar state statute regulating securities. The 
term ``state'' includes the 50 states, the District of Columbia, and 
possessions of the United States.
    Q-19. What is an investment sold pursuant to an exemption from 
registration requiring the filing of a notice with a federal agency 
regulating the offering or sale of securities?
    A-19. An investment sold pursuant to an exemption from registration 
requiring the filing of a notice with such a federal agency is any 
investment that is sold pursuant to an exemption from registration 
requiring the filing or submission of a notice or other document with 
the Securities and Exchange Commission or any other federal agency 
regulating the offering or sale of securities, including the following 
exemptions (and applicable filing):
    (1) Regulation A, as promulgated under section (3)(b) of the 1933 
Act (Form 1(A)),
    (2) Regulation B, as promulgated under section 3(b) of the 1933 Act 
(Schedules A through F),
    (3) Regulation D, as promulgated under sections (3)(b) and 4(2) of 
the 1933 Act (Form D), and
    (4) Any other statutory or regulatory exemption from registration 
requiring the filing or submission of a notice or other document.
    Q-20. What is an investment sold pursuant to an exemption from 
registration requiring the filing of a notice with a state agency 
regulating the offering or sale of securities?
    A-20. An investment sold pursuant to an exemption from registration 
requiring the filing of a notice with such a state agency is any 
investment sold pursuant to an exemption under a blue sky law or other 
similar state statutory or regulatory scheme that requires the filing or 
submission of a notice or other document with such a state agency. See 
A-18 of this section for the definition of state.

[[Page 135]]

                         Substantial Investment

    Q-21. What is a substantial investment?
    A-21. An investment is a substantial investment if the aggregate 
amount that may be offered for sale to all investors exceeds $250,000 
and 5 or more investors are expected. The aggregate amount offered for 
sale is the aggregate amount to be received from the sale of interests 
in the investment and includes all cash, the fair market value of all 
property contributed, and the principal amount of all indebtedness 
received in exchange for interests in the investment, regardless of 
whether the proceeds of the indebtedness are included in the investment 
base under A-14 of this section. For purposes of determining whether 5 
or more investors are expected in an investment involving real property 
(and related personal property) that is used as a farm (as defined in 
section 2032A(e)(4)) for farming purposes (as defined in section 
2032A(e)(5)), interests in the investment expected to be held by a 
husband and wife, their children and parents, and the spouses of their 
children (or any of them) will be treated as if the interests were to be 
held by one investor. Thus, for example, interests in a farm that are 
offered to two brothers and their wives would be treated as interests 
offered to one investor. Such an investment could be a substantial 
investment only if four or more persons who were not members of the 
family were expected to be investors in the farm.
    Q-22. Will an investment be considered a substantial investment if 
the investment involves a number of parts each including fewer than 5 
investors or an aggregate amount of $250,000 or less?
    A-22. Yes, under the circumstances described in this A-22. For 
purposes of determining whether investments are parts of a substantial 
investment, similar investments offered by the same person or related 
persons (as defined in section 168(e)(4)) are aggregated together. 
Investments are considered similar if they involve similar principal 
business assets and similar plans or arrangements. Investments that 
include no business assets will be considered similar if they involve 
similar plans or arrangements.
    Similar investments are aggregated solely for the purpose of 
determining whether investments involving fewer than 5 investors or an 
aggregate amount of $250,000 or less are substantial investments. For 
this purpose, similar investments are aggregated even though some, but 
not all, of the investments are (i) required to be registered under a 
Federal or State law regulating securities or are sold pursuant to an 
exemption from securities registration requiring the filing of a notice 
with a Federal or State agency regulating the offering or sale of 
securities (i.e., required to be registered as tax shelters whether or 
not a substantial investment) or (ii) substantial investments without 
regard to aggregation.
    Assume, for example, that a person develops similar arrangements 
involving 8 different partnerships, each investing in a separate but 
similar asset (such as a separate master recording or separate piece of 
similar real estate), each with a different general partner and each 
with 3 different limited partners. Assume further that the arrangements 
of all the partnerships are similar. These partnerships involving 
similar arrangements and similar assets would be aggregated together. 
Thus, if each partner is expected to invest $11,000, there will be 32 
investors (1 general partner plus 3 limited partners times 8 
partnerships) and an aggregate investment of $352,000 (32 partners times 
$11,000). Accordingly, each partnership will constitute part of a 
substantial investment. If representations are made that $1,000 in tax 
credits and $3,000 in deductions are available to each limited partner 
in the first year and $10,000 of the cash invested was expected to be 
the proceeds of a loan arranged by the organizer, the tax shelter ratio 
as of the close of the first year (assuming there are no deductions or 
credits typically associated with such investment, as described in A-9 
of this section) would be 5 to 1 ($5,000 in total tax benefits and 
$1,000 investment base). Accordingly, the organizer would be required to 
register the partnerships with the Internal Revenue Service.
    Q-23. If an investment involving fewer than 5 investors or an 
aggregate amount of $250,000 or less is offered for

[[Page 136]]

sale and, at the time of the offering, it is not known (and there is no 
reason to know) that subsequent similar investments will be offered by 
the person who made the first offering (or a related person), will 
subsequent similar investments offered by that person (or a related 
person) be aggregated with the first investment for purposes of 
determining whether the investments constitute a substantial investment?
    A-23. No. However, a tax shelter organizer will be presumed to have 
known of any similar investments (as defined in A-22 of this section) 
offered during the 12 months following the first offering of an 
investment.

                Exceptions From Tax Shelter Registration

    Q-24. Are there any investments that will not be subject to tax 
shelter registration even if they satisfy the requirements of a tax 
shelter (as defined in A-4 of this section)?
    A-24. Yes. The following investments are not subject to tax shelter 
registration:
    (1) Sales of residences primarily to persons who are expected to use 
the residences as their principal place of residence,
    (2) Sales or leases or tangible personal property (other than master 
sound recordings, motion picture or television films, videotapes, 
lithograph plates, or other property relating to a literary, musical, or 
artistic composition) by the manufacturer (or a member of an affiliated 
group, within the meaning of section 1502, including the manufacturer) 
of the property primarily to persons who are expected to use the 
property in their principal active trade or business (see, however, A-32 
and A-46 of this section for the additional rules applicable to a 
purchaser of property described in this A-24 who organizes an investment 
involving the property),
    (3) Any other investment as specified by the Secretary in a rule-
related notice published in the Federal Register.
    Q-24A. Under what other circumstances are particular sales or leases 
of tangible personal property to certain persons or the performance of 
particular services for certain persons exempt from tax shelter 
registration?
    A-24A. A person who, in the ordinary course of a trade or business, 
sells or leases tangible personal property (other than collectibles (as 
defined in section 408(m)(2)), master sound recordings, motion picture 
or television films, videotapes, lithograph plates, or other property 
that includes or relates to a literary, musical or artistic composition) 
to a purchaser or lessee who is reasonably expected to use the property 
either for a personal use or in the purchaser's or lessee's principal 
active trade or business is not required for any purpose to treat such a 
purchaser or lessee as an investor in a tax shelter. Property may be 
reasonably expected to be used by a purchaser or lessee for personal use 
only if sold or leased to the purchaser or lessee in a quantity that is 
customary for such use. Similarly, a person who performs services for 
another person in connection with the principal active trade or business 
of the recipient of the services or for the recipient's personal use is 
not required to treat the recipient as an investor in a tax shelter. 
Persons who are not reasonably expected to use property or services 
either in their principal active trade or business or for personal use 
must be treated as tax shelter investors in the event the sales, leases, 
or performance of services otherwise constitute a tax shelter.
    Assume, for example, that an organizer forms Z corporation to feed 
cattle and to provide services in connection with the cattle feeding 
operations. Z will agree to serve customers with a minimum of 200 head 
of cattle. The fee for the services is $20 per head. Feed for cattle 
will cost $280 per head. Z represents that the service fee and the cost 
of the feed may be financed by $5,000 of cash and $55,000 of proceeds of 
a revolving recourse note that Z has arranged be available. Z provides 
its services to 100 customers. Ninety-five of the customers are persons 
whose principal active trade or business is reasonably expected to be 
farming (as defined in section 464(e)(1)). Five of the customers are not 
reasonably expected to engage in farming as their principal active trade 
or business. Although all the individual investments involve

[[Page 137]]

similar principal business assets and similar plans or arrangements, 
only the 5 customers who are not reasonably expected to be in the 
principal active trade or business of farming will be treated as 
investors in a tax shelter and aggregated to determine whether a 
substantial investment exists. Thus, there will be 5 investors and an 
aggregate investment of $300,000. If representations are made that the 
service fee and the cost of the feed are tax deductible, the tax shelter 
ratio (assuming there are no deductions or credits typically associated 
with such an investment, as described in A-9 of this section) would be 
12 to 1 ($60,000 in total tax benefits and $5,000 investment base) and 
the organizer would be required to register the five aggregated feeding 
arrangements as a tax shelter. The registration number of the tax 
shelter must be provided to the five customers treated as investors in 
the tax shelter, but would not be required to be furnished to the 
customers whose principal active trade or business is reasonably 
expected to be farming.

               Persons Required To Register a Tax Shelter

    Q-25. Who has the legal obligation to register a tax shelter?
    A-25. A tax shelter organizer is obligated to register the tax 
shelter.
    Q-26. What is the definition of tax shelter organizer?
    A-26. Several categories of persons may be tax shelter organizers. 
In general, the term tax shelter organizer means a person principally 
responsible for organizing a tax shelter. If a person principally 
responsible for organizing a tax shelter has not registered the tax 
shelter by the day on which interests in the shelter are first offered 
for sale, any other person who participated in the organization of the 
tax shelter will be treated as a tax shelter organizer. If neither a 
person principally responsible for organizing the tax shelter nor any 
other person who participated in the organization of a tax shelter has 
registered the tax shelter by the day on which interests in the tax 
shelter are first offered for sale, then any person who participates in 
the management of the tax shelter at a time when the tax shelter is not 
registered will be treated as a tax shelter organizer. Finally, if a 
person participates in the sale of a tax shelter at a time when the 
person knows or has reason to know that a tax shelter has not been 
registered, that person will be treated as a tax shelter organizer. See 
A-38 of this section for rules relating to the execution of an agreement 
among persons who may be treated as tax shelter organizers to designate 
one person to register a tax shelter.
    Q-27. Who is a person principally responsible for organizing a tax 
shelter?
    A-27. A person principally responsible for organizing a tax shelter 
(``principal organizer'') is any person who discovers, creates, 
investigates, or initiates the investment, devises the business or 
financial plans for the investment, or carries out those plans through 
negotiations or transactions with others.
    Q-28. What constitutes participation in the organization of a tax 
shelter?
    A-28. Participation in the organization of a tax shelter includes 
the performance of any act (directly or through an agent) related to the 
establishment of the tax shelter, including the following:
    (1) Preparation of any document establishing the tax shelter (for 
example, articles of incorporation, a trust instrument, or a partnership 
agreement);
    (2) Preparation of any document in connection with the registration 
(or exemption from registration) of the tax shelter with any federal, 
state, or local government body;
    (3) Preparation of a prospectus, offering memorandum, financial 
statement, or other statement describing the tax shelter;
    (4) Preparation of a tax or other legal opinion relating to the tax 
shelter;
    (5) Preparation of an appraisal relating to the tax shelter;
    (6) Negotiation or other participation on behalf of the tax shelter 
in the purchase of any property relating to the tax shelter.
    Q-29. What constitutes participation in the management of a tax 
shelter?
    A-29. Participation in the management of a tax shelter includes 
managing the assets of the tax shelter, directing the business activity 
of the tax shelter, or, depending on the form of

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the tax shelter, acting as a general partner who actively participates 
in the management of a partnership, a trustee of a trust, a director or 
an officer of a corporation (including a corporate general partner of a 
partnership), or performing activities similar to those performed by 
such a general partner, a trustee, a director, or an officer.
    Q-30. Will the performance of any act described in A-27 through A-29 
of this section constitute participation in the organization or 
management of a tax shelter if the person performing the act is 
unrelated to the tax shelter (or any principal organizer of the tax 
shelter) and does not participate in the entrepreneurial risks or 
benefits of the tax shelter?
    A-30. No. The performance of an act described in A-27 through A-29 
of this section will not constitute participation in the organization or 
management of a tax shelter unless the person performing the act is 
related to the tax shelter (or any principal organizer of the tax 
shelter) or the person participates in the entrepreneurial risks or 
benefits of the tax shelter. A person will be considered related to a 
tax shelter if the person is related to the tax shelter or a principal 
organizer of the tax shelter within the meaning of section 168(e)(4) or 
is employed by the tax shelter or a principal organizer of the tax 
shelter or has an interest (other than an interest as a creditor) in the 
tax shelter. A person will be considered a participant in the 
entrepreneurial risks or benefits of a tax shelter if the person's 
compensation for performing an act described in A-27 through A-29 of 
this section is contingent on any matter relating to the tax shelter 
(e.g., the compensation is based in whole or in part upon (i) whether 
interests in the tax shelter are actually sold or (ii) the number or 
value of the units in the tax shelter that are sold), or if the person 
will receive an interest in the tax shelter as part or all of the 
person's compensation.
    For example, assume that A forms Z partnership, a tax shelter for 
which registration is required. Z hires the X law firm, none of the 
partners of which is related to the tax shelter, to prepare the 
documents necessary to register the offering of Z securities with the 
Securities and Exchange Commission. X charges $100 an hour for its 
services in connection with the preparation of the necessary documents, 
and payment of the fee is not contingent. X will not be treated as a 
participant in the organization of the tax shelter. If, however, X were 
to charge a fee equal to 1 percent of the value of the units in the tax 
shelter that are sold, X would be considered a participant in the 
organization of the shelter.
    As another example, assume that individual C is an attorney employed 
by W corporation, the corporate general partner and principal organizer 
of Z, and that C prepares the documents necessary to register the tax 
shelter with the Securities and Exchange Commission. C will be treated 
as having participated in the organization of the tax shelter regardless 
of the way in which C's compensation is structured, because C, as an 
employee, is related to the principal organizer of the tax shelter.
    Q-31. What constitutes participation in the sale of a tax shelter?
    A-31. Participation in the sale of a tax shelter includes any 
marketing activities (directly or through an agent) with respect to an 
investment, including the following:
    (1) Direct contact with a prospective purchaser of an interest, or 
with a representative or agent of a prospective purchaser, but only if 
the contract relates to the possible purchase of an interest in the tax 
shelter;
    (2) Solicitation of investors using the mail, telephone, or other 
means, or by placing an advertisement for the tax shelter in a 
newspaper, magazine, or other publication or medium;
    (3) Instructing or advising salespersons regarding the tax shelter 
or sales presentations.
    Q-32. May persons be treated as tax shelter organizers if such 
persons do not make any representations of tax benefits to investors?
    A-32. Yes. If a person described in A-26 of this section knows or 
has reason to know that representations of tax benefits have been made, 
that person may be treated as a tax shelter organizer. For example, a 
participant in the sale of a tax shelter may know or have

[[Page 139]]

reason to know that representations of tax benefits have been made by 
the principal organizer or others who participate in the organization of 
the tax shelter. In addition, a person who acquires property from a 
manufacturer in a transaction exempt from tax shelter registration under 
A-24 of this section and who organizes an investment involving the 
property may know or have reason to know of any representation of tax 
benefits made by the manufacturer.
    Q-33. If a person performs support services such as typing, 
photocopying, or printing for a tax shelter (or a tax shelter organizer) 
or performs other ministerial functions for the tax shelter (or a tax 
shelter organizer), may the person be considered to have participated in 
the organization, management, or sale of the tax shelter?
    A-33. No. Merely performing support services or ministerial 
functions will not be considered participation in the organization, 
management, or sale of a tax shelter.

    Circumstances Under Which Tax Shelter Organizers Are Required To 
                         Register a Tax Shelter

    Q-34. When is a principal organizer or a person who participates in 
the organization of a tax shelter required to register a tax shelter?
    A-34. A principal organizer or a person who participates in the 
organization of a tax shelter (i.e., a person who could be treated as a 
tax shelter organizer within the meaning of A-26 of this section) is 
required to register the tax shelter by the day on which the first 
offering for sale of interests in the tax shelter occurs, unless the 
person has signed a designation agreement pursuant to A-38 of this 
section. If a group of persons who could be treated as tax shelter 
organizers has signed a designation agreement pursuant to A-38 of this 
section, the designated organizer is required to register the tax 
shelter by the day on which the first offering for sale of interests in 
the tax shelter occurs. See A-39 of this section for additional rules 
applicable to tax shelter organizers (other than a designated organizer) 
who have signed a designation agreement.
    Q-35. When is a person who participates in the management of a tax 
shelter (``manager'') required to register a tax shelter?
    A-35. A manager who has not signed a designation agreement pursuant 
to A-38 of this section must register the tax shelter if the manager 
participates in the management of the tax shelter on or after the first 
offering for sale of interests in the tax shelter at a time when the tax 
shelter has not been properly registered (i.e., the manager is treated 
as a tax shelter organizer within the meaning of A-26 of this section). 
Such a manager must register the tax shelter by the day on which the 
first offering for sale of interests in the tax shelter occurs, or by 
the day on which the manager's participation in the management of the 
tax shelter commences, whichever is later. See A-39 of this section for 
rules applicable to a manager who has signed a designation agreement.
    Q-36. When is a person who participates in the sale of a tax shelter 
(``seller'') required to register the tax shelter?
    A-36. A seller who has not signed a designation agreement pursuant 
to A-38 of this section must register the tax shelter if the seller 
participates in the sale of the tax shelter at a time when the seller 
knows or has reason to know that the tax shelter has not been properly 
registered (i.e., the seller is treated as a tax shelter organizer 
within the meaning of A-26 of this section). A seller who has not signed 
a designation agreement will be deemed to have reason to know that the 
tax shelter has not been properly registered if the seller does not 
receive a copy of the Internal Revenue Service tax shelter registration 
notice containing the registration number within the 30-day period after 
the seller first offers interests in the tax shelter for sale. A seller 
must register the tax shelter as soon as practicable after the seller 
first knows or has reason to know that the tax shelter has not been 
properly registered. See A-39 of this section for rules applicable to a 
seller who has signed a designation agreement.
    Q-37. When is a person who acts in more than one capacity with 
respect to

[[Page 140]]

a tax shelter required to register the shelter?
    A-37. A person who acts in more than one capacity with respect to a 
tax shelter (i.e., as two or more of the following: principal organizer, 
participant in the organization, manager, or seller) must register the 
tax shelter by the earliest day on which a tax shelter organizer acting 
in any of the person's several capacities would be required to register 
the tax shelter.
    Q-38. May a group of persons who could be treated as tax shelter 
organizers under A-26 of this section designate one person to register 
the tax shelter?
    A-38. Yes. A group of persons who could be treated as tax shelter 
organizers under A-26 of this section may enter into a written agreement 
designating one person as the tax shelter organizer responsible for 
registering the tax shelter (``designated organizer''). The designated 
organizer should ordinarily be a person principally responsible for 
organizing the tax shelter, but may be any person who participates in 
the organization of the tax shelter. Although persons who participate 
only in the sale or management of a tax shelter may sign a designation 
agreement, they may not be the designated organizer. In addition, the 
designated organizer may not be a person who is a resident in a country 
other than the United States. Any person who signs a designation 
agreement, other than the designated organizer, will not be liable for 
failing to register the tax shelter and will not be subject to a 
penalty, even if the designated organizer fails to register the tax 
shelter, unless the person fails to register the tax shelter when such 
registration is required under A-39 of this section. See A-7 of Sec. 
301.6707-1T for additional rules relating to the reasonable cause 
exception applicable to persons who sign a designation agreement.
    Q-39. Is a tax shelter organizer who has signed a designation 
agreement and who is not the designated organizer required to register 
the tax shelter under any circumstances?
    A-39. Yes. If a tax shelter organizer who has signed a designation 
agreement pursuant to A-38 of this section knows or has reason to know 
on or after the day on which the first offering for sale of interests in 
a tax shelter occurs that the designated organizer failed to register 
the tax shelter, such tax shelter organizer must register the tax 
shelter as soon as practicable after he first knows or has reason to 
know of the failure. A tax shelter organizer who has signed a 
designation agreement is deemed to have reason to know that the 
designated organizer has failed to register the tax shelter if the tax 
shelter organizer does not receive a copy of the Internal Revenue 
Service registration notice containing the registration number from the 
designated organizer within the 60-day period after the day on which the 
first offering for sale of interests in the tax shelter occurs (or the 
person signs the designation agreement, if later). See A-41 of this 
section for the requirement that the designated organizer provide a copy 
of the registration notice and number to persons who have signed the 
designation agreement.

                       Registration--General Rules

    Q-40. By what date must a tax shelter be registered?
    A-40. A tax shelter must be registered not later than the day on 
which the first offering for sale of an interest in the tax shelter 
occurs.
    Q-41. Is a tax shelter organizer (including a designated organizer) 
who registers a tax shelter responsible for performing any act with 
respect to tax shelter registration other than registering the tax 
shelter?
    A-41. Yes. A tax shelter organizer (including a designated 
organizer) who registers a tax shelter must provide a copy of the 
Internal Revenue Service registration notice containing the registration 
number within 7 days after the notice is received from the Internal 
Revenue Service to the principal organizer (if a different person) and 
to any persons who the tax shelter organizer knows or has reason to know 
are participating in the sale of interests in the tax shelter (if such 
persons begin to participate after the registration number is received, 
they must be provided the notice within 7 days after they commence their 
participation). In addition, a designated organizer must provide a copy 
of the notice within 7 days

[[Page 141]]

after it is received to all persons who have signed the designation 
agreement.
    Q-42. What is the sale of an interest in a tax shelter?
    A-42. The sale of an interest in a tax shelter includes the sale of 
property, or any interest in property, the entry into a leasing 
arrangement, a consulting, management or other agreement for the 
performance of services, or the sale or entry into any other plan, 
investment, or arrangement.
    Q-43. What does the term ``offering for sale'' mean?
    A-43. The term ``offering for sale'' means making any 
representation, whether oral or written, relating to participation in a 
tax shelter as an investor. The term includes any advertisement relating 
to the tax shelter and any mail, telephonic, or other contact with 
prospective investors. A representation relating to participation in a 
tax shelter will be considered an offering for sale of an interest in 
the tax shelter even though there is included in the representation an 
explicit statement that the representation does not constitute an offer 
to sell or a solicitation of an offer to buy an interest in the tax 
shelter. In determining whether an offering for sale of an interest has 
occurred, federal and state laws regulating securities are not 
controlling.
    Q-44. After a tax shelter has been registered, must it be registered 
again each year that it continues to be offered for sale?
    A-44. No. Registration is effective for the year in which first 
accomplished and all subsequent years.
    Q-45. If the facts relating to a tax shelter change after the tax 
shelter has been registered, must the tax shelter be registered again or 
must an amended application for registration be filed by the tax shelter 
organizer?
    A-45. No. The tax shelter organizer, however, is permitted to file 
an amended application if a material change in facts occurs after the 
initial registration. A material change in facts is--
    (1) A change in the identifying information relating to the tax 
shelter or tax shelter organizer,
    (2) The acquisition or construction of a principal asset not 
reported on the initial application for registration,
    (3) A change in the method of financing a minimum investment unit, 
or
    (4) A change in the principal business activity.
    In addition, a change in any tax shelter ratio reported on the 
initial application for registration that increases or decreases the 
reciprocal of the tax shelter ratio (i.e., the fraction in which the 
amount of the applicable investment base is the numerator and the amount 
of the applicable deductions and credits is the denominator) by 50 
percent or more is a material change in facts. For example, if the tax 
shelter ratio increases from 2 to 1 to 4 to 1, the reciprocal of the tax 
shelter ratio decreases from \1/2\ to \1/4\, a 50-percent decrease. 
Similarly, if the tax shelter ratio decreases from 6 to 1 to 4 to 1, the 
reciprocal of the tax shelter ratio increases from \1/6\ to \1/4\, a 50-
percent increase. In either case, there is a material change in facts 
and an amended application could be filed.
    Q-45A. What information should be included on an amended application 
for registration?
    A-45A. The tax shelter organizer must include the identifying 
information requested on Form 8264, Application for Registration of a 
Tax Shelter, and the tax shelter registration number that has been 
assigned to the tax shelter. In addition, the tax shelter organizer 
should include any other information requested on Form 8364(1) that has 
changed since the tax shelter was registered, or (2) that the tax 
shelter organizer did not know at the time the tax shelter was 
registered but has learned of since the registration.
    For example, assume that A organizes partnership L, a blind pool 
that will invest in real estate. Before the real estate is identified or 
acquired, interests in L will be offered to the public in an offering 
that must be registered with the Securities and Exchange Commission. 
Although A does not know what real estate L will acquire and therefore 
is unable to calculate the tax shelter ratio with certainty, A concludes 
(based on representations made or to be made) that the tax shelter ratio 
will exceed 2 to 1 as to some of the investors. Accordingly, A registers 
L as a tax shelter. A attaches

[[Page 142]]

a statement to the application for registration, explaining that L is a 
blind pool organized to invest in real estate, but that L has not yet 
acquired any real estate. In addition, A attaches a statement explaining 
that although the tax shelter ratio is expected to exceed 2 to 1, A 
cannot compute the tax shelter ratio with certainty because L has not 
yet acquired any real estate. Several months after L is registered, L 
acquires a shopping center. A may file an amended application for 
registration. In addition to reporting the identifying information and 
the tax shelter registration number on the amended application, A should 
report the shopping center as the principal asset and the recomputed tax 
shelter ratio.
    As another example, assume that C organizes a limited partnership 
that is a tax shelter. On the application for registration, C reports 
that the tax shelter ratio is 2.2 to 1. After the partnership has been 
registered, C finds that the partnership is unable to attract sufficient 
investors. To make investing in the partnership more attractive, C 
decides to offer financing for the purchase or interests in the 
partnership. As a result of the change in financing, the tax shelter 
ratio will be 5 to 1. Because there is a change in financing and a 
change in the tax shelter ratio that decreases the reciprocal of the tax 
shelter ratio by 50 percent or more, C may file an amended application 
for registration. In addition to reporting the identifying information 
and the tax shelter registration number on the amended application, C 
should report the recomputed tax shelter ratio and information relating 
to the change in financing.
    Q-46. If assets constituting a tax shelter are sold (``original 
sale'') and, subsequently, either the assets or interests in the assets 
are offered for sale by the purchaser (``resale''), must the purchaser 
file a new application for registration if the resale is an offering or 
sale of interests in a tax shelter?
    A-46. If the resale constitutes a tax shelter, the purchaser must 
file a new application for registration, unless the tax shelter 
organizer with respect to the original sale is also the tax shelter 
organizer with respect to the resale and the facts pertaining to the 
resale were reflected in the application for registration filed with 
respect to the original sale. For example, assume that A intends to sell 
a building with an estimated fair market value of $2.5 million to a 
group of 5 investors (i.e., a substantial investment, as defined in A-21 
of this section). A also intends to make representations of tax benefits 
attributable to an investment in the building. Based on these 
representations and the investment base, the tax shelter ratio 
attributable to an investment in the building may be greater than 2 to 
1. A therefore files an application for registration relating to the 
building with the Internal Revenue Service. The Internal Revenue Service 
issues a registration number for the investment, and A furnishes the 
registration number to each of the 5 investors in accordance with A-53 
of this section. In an unrelated transaction, the 5 investors decide to 
syndicate the building and to offer interests in the syndicate to 
approximately 500 investors. In connection with this offer, the 
investors expect to make representations concerning tax benefits with 
respect to the syndication. If based on these representations and the 
investment base, the tax shelter ratio may be greater than 2 to 1 for an 
investor in the syndicate, the 5 investors must file an application for 
registration for the syndicate before interests in the syndicate may be 
offered for sale. The investors in the syndicate must be furnished with 
the new registration number and not the registration number issued with 
respect to A. On the other hand, if the original sale and the 
syndication were part of A's plan to sell interests in the building, A 
is a tax shelter organizer with respect to the syndication. If the facts 
pertaining to the syndication were reflected on A's application for 
registration with respect to the original sale, a second application for 
registration would not be required with respect to the syndication. 
However, the investors in the syndicate would have to be furnished with 
the tax shelter registration number issued to A.
    Q-47. When is a tax shelter considered registered?
    A-47. A tax shelter is considered registered when a properly 
completed Form 8264, Application for Registration

[[Page 143]]

of a Tax Shelter, is filed with the appropriate Internal Revenue Service 
Center. See A-7 of Sec. 301.6111-2T for rules relating to the 
information required to be included on the form, and A-8 of Sec. 
301.6707-1T for rules relating to the penalty for filing incomplete 
information.
    Q-48. Must a person registering a tax shelter that is a substantial 
investment only by reason of an aggregation of multiple investments 
under A-22 of this section complete a separate Form 8264 for each 
investment constituting part of the substantial investment?
    A-48. A separate Form 8264 must be completed for each investment 
that differs from the other investments in a substantial investment with 
respect to any of the following:
    (1) Principal asset,
    (2) Accounting methods,
    (3) Federal or state agencies with which the investment is 
registered or with which an exemption notice is filed,
    (4) Methods of financing the purchase of an interest in the 
investment,
    (5) Tax shelter ratio.
    Such aggregated investments, however, are part of a single tax 
shelter.
    Q-49. Do the rules of section 7502 of the Internal Revenue Code, 
regarding timely mailing, apply to the filing of registration forms?
    A-49. Yes.
    Q-50. After a tax shelter has been registered, may representations 
that the investment has been registered with the Internal Revenue 
Service be made to potential investors?
    A-50. Investors may be informed that the investment has been 
registered with the Internal Revenue Service. Investors also must be 
informed, however, that registration does not imply that the Internal 
Revenue Service has reviewed, examined, or approved the investment or 
the claimed tax benefits. The disclaimer must be substantially in the 
form provided below:
    ISSUANCE OF A REGISTRATION NUMBER DOES NOT INDICATE THAT THIS 
INVESTMENT OR THE CLAIMED TAX BENEFITS HAVE BEEN REVIEWED, EXAMINED, OR 
APPROVED BY THE INTERNAL REVENUE SERVICE.
    See A-53 of this section for rules relating to the legend that must 
be included on any statement on which the tax shelter registration 
number is furnished to investors.

        Furnishing Tax Shelter Registration Numbers to Investors

    Q-51. Who must furnish investors in a tax shelter with the 
registration number of the tax shelter?
    A-51. Any person who sells (or otherwise transfers) an interest in a 
tax shelter is required to furnish the registration number assigned to 
that tax shelter to each person who purchases (or otherwise acquires) an 
interest in that tax shelter from the seller or transferor. For example, 
X, a tax shelter organizer, sells an interest in a tax shelter to A. One 
year later A sells A's interest in the shelter to B. X must furnish the 
tax shelter registration number to A, and A must furnish the number to 
B. If B sells or otherwise transfers the interest (by gift, for 
example), B must furnish the number to the purchaser or transferee of 
B's interest in the tax shelter.
    Q-52. When must the registration number be furnished to purchasers 
of interests in the tax shelter?
    A-52. The person who sells (or otherwise transfers) an interest in a 
tax shelter must furnish the registration number to the purchaser (or 
transferee) at the time of sale (or transfer) of the interest (or, if 
later, within 20 days after the seller or transferor receives the 
registration number). If the registration number is not furnished at the 
time of the sale (or other transfer), the seller (or transferor) must 
furnish the statement described in A-54 to the purchaser (or transferee) 
at the time of the sale (or other transfer). If interests in a tax 
shelter were sold before September 1, 1984, all investors who acquired 
their interests in the tax shelter before September 1, 1984, must be 
furnished with the registration number of the tax shelter by December 
31, 1984. The registration number will be considered furnished to the 
investor if it is mailed to the investor at the last address of the 
investor known to the person required to furnish the number.
    Q-53. How is a seller or transferor of an interest in a tax shelter 
required to

[[Page 144]]

furnish the registration number to investors?
    A-53. The person who sells (or otherwise transfers) an interest in a 
tax shelter must furnish the registration number of the tax shelter to 
the tax shelter to the purchaser (or transferee) on a written statement. 
The written statement shall show the name, registration number, and 
taxpayer identification number of the tax shelter, and include a 
prominent legend in bold and conspicuous type stating that the 
registration number must be included on any return on which the investor 
claims any deduction, loss, credit, or other tax benefit, or reports any 
income, by reason of the tax shelter. The statment must also include a 
prominent legend in bold and conspicuous type stating that the issuance 
of the registration number does not indicate that the Internal Revenue 
Service has reviewed, examined, or approved the investment or the 
claimed tax benefits. The statement shall be substantially in the form 
provided below:
    You have acquired an interest in [name and address of tax shelter] 
whose taxpayer identification number is [if any]. The Internal Revenue 
Service has issued [name of tax shelter] the following tax shelter 
registration number: [Number]
    YOU MUST REPORT THIS REGISTRATION NUMBER TO THE INTERNAL REVENUE 
SERVICE, IF YOU CLAIM ANY DEDUCTION, LOSS, CREDIT, OR OTHER TAX BENEFIT 
OR REPORT ANY INCOME BY REASON OR YOUR INVESTMENT IN [NAME OF TAX 
SHELTER].
    You must report the registration number (as well as the name, and 
taxpayer identification number of [name of tax shelter]) on Form 8271.
    FORM 8271 MUST BE ATTACHED TO THE RETURN ON WHICH YOU CLAIM THE 
DEDUCTION, LOSS, CREDIT, OR OTHER TAX BENEFIT OR REPORT ANY INCOME.
    ISSUANCE OF A REGISTRATION NUMBER DOES NOT INDICATE THAT THIS 
INVESTMENT OR THE CLAIMED TAX BENEFITS HAVE BEEN REVIEWED, EXAMINED, OR 
APPROVED BY THE INTERNAL REVENUE SERVICE.
    This statement may be modified as necessary if the tax shelter is 
not a separate entity (e.g., certain Schedule F or Schedule C 
activities) or has no name or taxpayer identification number.
    Q-54. If a registration number has not been received by a seller (or 
transferor) from the person who registered the tax shelter by the time 
interests in the tax shelter are sold (or otherwise transferred), must 
the seller (or transferor) of the interests furnish the purchaser (or 
transferee) with any information regarding the registration?
    A-54. Yes. At the time of the sale (or other transfer) the seller 
(or other transferor) must furnish the purchaser (or transferee) with a 
written statement in substantially the form prescribed in A-53 of this 
section, except that the second sentence of the form prescribed in A-53 
shall be replaced by a statement in the form provided below:
    On behalf of [name of tax shelter], [name of tax shelter organizer 
who has applied for registration] has applied to the Internal Revenue 
Service for a tax shelter registration number. The number will be 
furnished to you when it is received.

            Including the Registration Number on Tax Returns

    Q-55. Is an investor required to report the registration number of a 
tax shelter in which the investor has acquired an interest to the 
Internal Revenue Service?
    A-55. Yes. Any person claiming any deduction, loss, credit, or other 
tax benefit by reason of a tax shelter must report the registration 
number of the tax shelter on Form 8271, Investor Reporting of Tax 
Shelter Registration Number, which must be attached to the return on 
which any deduction, loss credit, or other tax benefit attributable to 
the tax shelter is claimed. For purposes of determining whether the tax 
shelter registration number must be reported by an investor, income 
attributable to an investment, such as a partner's distributive share of 
income, constitutes a deduction or tax benefit that is claimed, because 
gross deductions and other tax benefits are included in the net income 
reported by

[[Page 145]]

the investor. Thus, the registration number also must be reported on any 
return on which an investor reports any income attributable to a tax 
shelter.
    Q-56. What should the investor do if the investor has received a 
notice that a registration number for the tax shelter has been applied 
for, but the investor has not received the registration number by the 
time the investor files a return on which a deduction, loss credit, 
other tax benefit, or income attributable to the tax shelter is 
included?
    A-56. The investor must attach to the return a Form 8271 with the 
words ``Applied For'' written in the space for the registration number 
and must include on the Form 8271 the name and taxpayer identification 
number (if any) of the tax shelter and the name of the person who has 
applied for registration of the tax shelter.
    Q-57. Does the requirement to include the tax shelter registration 
number on a return apply to applications for tentative refund (Form 1045 
and Form 1139) and amended returns (Form 1040X, Form 1120X)?
    A-57. Yes. A completed Form 8271 must be attached to any such return 
on which any deduction, loss, credit, other tax benefit, or income 
relating to a tax shelter is included.

                      Projected Income Investments

    Q-57A. Are the registration requirements suspended with respect to 
any tax shelters?
    A-57A. Yes. If a tax shelter is a projected income investment, it is 
not required to be registered before the first offering for sale of an 
interest in the tax shelters occurs, but is subject only to the 
registration requirements set forth in A-57H through A-57J of this 
section. A tax shelter is a projected income investment if--
    (a) The tax shelter is not expected to reduce the cumulative tax 
liability of any investor for any year during the 5-year period 
described in A-4 (I) of this section; and
    (b) The assets of the tax shelter do not include or relate to any 
property described in A-57E of this section.
    Q-57B. Under what circumstances does a tax shelter satisfy the 
requirement of paragraph (a) of A-57A of this section?
    A-57B. A tax shelter is not expected to reduce the cumulative tax 
liability of any investor for any year during the 5-year period 
described in A-4 (I) of this section only if--
    (a) A written financial projection or other written representation 
that is provided to investors before the sale of interests in the 
investment states (or leads a reasonable investor to believe) that the 
investment will not reduce the cumulative tax liability of any investor 
with respect to any year (within the meaning of A-7 of this section) in 
such 5-year period; and
    (b) No written or oral projections or representations, other than 
those related to circumstances that are highly unlikely to occur, state 
(or lead a reasonable investor to believe) that the investment may 
reduce the cumulative tax liability of any investor with respect to any 
such year.

Thus, a tax shelter for which there are multiple written or oral 
financial projections or other representations is not a projected income 
investment if any such projection or representation that relates to 
circumstances that are not highly unlikely to occur states (or leads a 
reasonable investor to believe) that the investment may reduce the 
cumulative tax liability of any investor. See A-57D and A-57F of this 
section for rules relating to financial projections or other 
representations that are not made in good faith, that are not based on 
reasonable economic and business assumptions, or that relate to 
circumstances that are highly unlikely.
    Q-57C. When does an investment reduce the cumulative tax liability 
of an investor?
    A-57C. (a) An investment reduces the cumulative tax liability of an 
investor with respect to a year during the 5-year period described in A-
4 (I) of this section if, as of the close of such year, (i) cumulative 
projected deductions for the investor exceed cumulative projected income 
for the investor, or (ii) cumulative projected credits for the investor 
exceed cumulative projected tax liability (without regard to credits) 
for the investor.
    (b) The cumulative projected deductions for an investor as of the 
close of

[[Page 146]]

a year are the gross deductions of the investor with respect to the 
investment, for all periods up to (and including) the end of such year, 
that are included in the financial projection or upon which the 
representation is based. The deductions with respect to an investment 
include all deductions explicitly represented as being allowable and all 
deductions typically associated (within the meaning of A-9 of this 
section) with the investment. Therefore, interest to be paid by the 
investor that is taken into account in determining the tax shelter ratio 
of the investment (see A-11 of this section) is treated as a deduction 
with respect to the investment.
    (c) The cumulative projected income for an investor as of the close 
of a year is the gross income of the investor with respect to the 
investment, for all periods up to (and including) the end of such year, 
that is included in the financial projection or upon which the 
representation is based. For this purpose, income attributable to cash, 
cash equivalents, or marketable securities (within the meaning of A-14 
(4) of this section) may not be treated as income from the investment.
    (d) The cumulative projected credits for an investor as of the close 
of a year are the gross credits of the investor with respect to the 
investment, for all periods up to (and including) the close of such 
year, that are included in the financial projection or upon which the 
representation is based. The credits with respect to an investment 
include all credits explicitly represented as being allowable and all 
credits typically associated (within the meaning of A-9 of this section) 
with the investment.
    (e) The cumulative projected tax liability (without regard to 
credits) for an investor as of the close of a year is 50 percent of the 
excess of cumulative projected income for the investor over cumulative 
projected deductions for the investor with respect to the investment as 
of the close of such year.
    (f) The following examples illustrate the application of the 
principles of this A-57C:

    Example 1. The promotional material with respect to a tax shelter 
includes a written financial projection indicating that the expected 
income of the investment in each of its first 5 years is $800,000. In 
subsequent oral discussions, investors are advised that, in certain 
circumstances that are not highly unlikely, the income expected from the 
investment may be as little as $500,000 per year. The subsequent oral 
discussions are taken into account in determining whether any 
projections or representations state or lead a reasonable investor to 
believe that the investment may reduce the cumulative tax liability of 
any investor. Thus, if the written financial projections indicate that 
the gross deductions attributable to the investment in each of its first 
5 years are expected to be $600,000 and the subsequent oral discussions 
do not indicate that the amount of those deductions will change under 
the circumstances in which the income expected may be as little as 
$500,000, the subsequent oral discussions taken together with the 
written financial projections state (or lead a reasonable investor to 
believe) that the cumulative tax liability of an investor may be reduced 
(i.e., the subsequent oral discussions (taken together with the 
projections) state or lead a reasonable investor to believe that 
cumulative projected deductions may exceed cumulative projected income 
under circumstances that are not highly unlikely). Accordingly, under 
paragraph (b) of A-57B of this section, the tax shelter would not 
qualify as a projected income investment.
    Example 2. The written promotional material with respect to a tax 
shelter states that certain deductions are allowable to an investor 
(without specifying their amount), but there is no written statement 
relating to the amount of income expected from the investment. Because 
there is no written financial projection or other written representation 
that states or leads a reasonable investor to believe that the 
investment will not reduce the investor's cumulative tax liability 
(i.e., the cumulative projected deductions, although not specified in 
the projections, may exceed the cumulative projected income (0)), the 
requirement of paragraph (a) of A-57B of this section would not be 
satisifed. The result in this example would be the same if there were 
only oral representations that the income to be derived from the 
investment would exceed the deductions with respect to the investment, 
because there would be no written statement as required by paragraph (a) 
of A-57B of this section. The tax shelter in this case would qualify as 
a projected income investment, however, if the written promotional 
material contains good-faith representations based on reasonable 
economic and business assumptions that state or lead reasonable 
investors to believe that the cumulative projected income from the 
investment will exceed the cumulative projected deductions allowable 
with respect to the investment for each year in the 5-year

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period, even though the amounts of income and deductions are not 
specified.
    Example 3. The written promotional material with respect to a tax 
shelter includes a good-faith financial projection for the first 5 years 
of the investment. Based on reasonable economic and business 
assumptions, the projection indicates that the expected net income of 
the investment in each of its first 4 years is $100,000 ($500,000 of 
gross income and $400,000 of gross deductions), but as a result of the 
anticipated acquisition of new business assets a loss of $20,000 is 
expected in the fifth year of the investment ($500,000 of gross income 
and $520,000 of gross deductions). The projection also indicates that a 
credit of $50,000 is expected in the fifth year of the investment. Such 
a written financial projection would be considered to state that the 
investment will not reduce the cumulative tax liability of any investor 
with respect to any year in the 5-year period described in A-4 (I) of 
this section. Although a loss and a credit are projected in the fifth 
year of the investment, as of the close of such year, cumulative 
projected income ($2,500,000) exceeds cumulative projected deductions 
($2,120,000), and cumulative projected tax liability (without regard to 
credits) ($380,000 x 50 percent =$190,000) exceeds cumulative projected 
credits ($50,000). Assuming no contrary oral or written projections or 
representations are made, the tax shelter would thus be a projected 
income investment.
    Example 4. The written promotional material with respect to a tax 
shelter states that an investor will be entitled to a ``1.5 to 1 write-
off'' in the year of investment. This statement is a representation that 
the investment will reduce the cumulative tax liability of an investor 
with respect to the first year of the investment and, accordingly, the 
investment is not a projected income investment. The result in this 
example would be the same if any ``write-off'' were represented, even if 
the write-off were less than 1.5 to 1.

    Q-57D. Are all financial projections and representations relating to 
the cumulative tax liability of an investor taken into account for 
purposes of A-57B of this section?
    A-57D. (a) No. A financial projection or other representation 
relating to the cumulative tax liability of an investor is not taken 
into account for purposes of A-57B of this section unless it is made in 
good faith and is based on reasonable economic and business assumptions. 
In addition, a financial projection or other representation is not taken 
into account if it relates to circumstances that are highly unlikely. 
Moreover, a general statement or disclaimer indicating that projected 
income is not guaranteed or otherwise assured, standing alone, is not a 
projection or representation for purposes of paragraph (b) of A-57B of 
this section.
    (b) The following example illustrates the application of the 
principles of this A-57D:

    Example. The written promotional material with respect to a tax 
shelter contains a representation stating that the investment is 
projected to produce net income for all investors in each of its first 
five years and there are no credits potentially allowable with respect 
to the investment. This statement is based on reasonable economic and 
business assumptions. Such a written representation, if made in good 
faith, would be considered under paragraph (a) of A-57B of this section 
to state that the investment will not reduce the cumulative tax 
liability of any investor with respect to any year in the 5-year period 
described in A-4(I) of this section. In addition, no oral or written 
statements or representations are communicated to investors that would 
indicate under paragraph (b) of A-57B of this section that the 
investment might reduce the cumulative tax liability of any investor 
with respect to any year in the 5-year period.
    Assume the tax shelter organizer has knowledge of certain other 
facts that lead the tax shelter organizer to believe that it is more 
likely than not that the investment will produce a net loss in the first 
year. The representation projecting net income is thus contrary to the 
tax shelter organizer's belief that it is more likely than not that the 
investment will produce a net loss in the first year. Therefore, the 
representation is not made in good faith. Since representations not made 
in good faith are ignored under A-57D, the tax shelter would not be a 
projected income investment. If, on the other hand, the tax shelter 
organizer did not know of the other facts so that the tax shelter 
organizer did not believe that the investment would produce a net loss 
in the first year, the representation projecting income is made in good 
faith. In that case, the tax shelter would be a projected income 
investment.

    Q-57E. What assets may not be held by a projected income investment?
    A-57E. A tax shelter is not a projected income investment if more 
than an incidental amount of its assets include or relate to any 
interest in a collectible (as defined in section 408(m)(2)), a master 
sound recording, motion picture or television film, videotape, 
lithograph plate, copyright, or a literary, musical, or artistic 
composition.

[[Page 148]]

    Q-57F. What are the consequences if financial projections or other 
representations are not made in good faith or are not based on 
reasonable economic and business assumptions?
    A-57F. If a tax shelter is not a projected income investment because 
the financial projections or other representations are not made in good 
faith or are not based on reasonable economic and business assumptions, 
it must be registered not later than the day on which the first offering 
for sale of an interest in the tax shelter occurs. If the tax shelter is 
not registered timely, the tax shelter organizer may be subject to a 
penalty. (See A-1 of Sec. 301.6707-1T.)
    Q-57G. When does a tax shelter cease to be a projected income 
investment?
    A-57G. A tax shelter ceases to be a projected income investment on 
the last day of the first year (as defined in A-7 of this section) in 
the 5-year period described in A-4 (I) of this section for which, for 
any investor, (i) the gross deductions allocable to the investor for 
that year and prior years exceed the gross income allocable to the 
investor for such years, or (ii) the credit allocable to the investor 
for that year and prior years exceed 50 percent of the amount by which 
gross income allocable to the investor exceeds gross deductions 
allocable to the investor for such years. For purposes of determining 
when a tax shelter ceases to be a projected income investment, the tax 
shelter organizer is not required to take into account interest that may 
be incurred by an investor with respect to debt described in A-14 (2) or 
(3) of this section, but is required to take into account interest 
incurred by an investor with respect to debt described in A-14 (1) of 
this section. In addition, the tax shelter organizer may not take into 
account income attributable to cash, cash equivalents, or marketable 
securities (within the meaning of A-14 (4) of this section).
    Q-57H. How does the requirement to register apply with respect to a 
tax shelter that is a projected income investment?
    A-57H. In the case of a tax shelter that is a projected income 
investment, registration is not required unless the tax shelter ceases 
to be a projected income investment under A-57G of this section. If the 
tax shelter ceases to be a projected income investment, the tax shelter 
organizer must register the tax shelter in accordance with the rules set 
forth in A-1 through A-39 and A-41 through A-50 of this section. The tax 
shelter must be registered--
    (a) Within 30 days after the date on which the tax shelter ceases to 
be a projected income investment, and
    (b) Before the date on which the tax shelter or a tax shelter 
organizer sends the investor any schedule of profit or loss, or income, 
deduction, or credit that may be used in preparing the investor's income 
tax return for the taxable year that includes the date on which the tax 
shelter ceases to be a projected income investment. If a tax shelter 
organizer fails to register timely as required by this A-57H, the tax 
shelter organizer may be subject to a penalty. (See A-1 of Sec. 
301.6707-1T.) For example, assume that C is the principal organizer and 
general partner of a limited partnership. Interests in the partnership 
will be offered for sale in a public offering required to be registered 
with the Securities and Exchange Commission. C knows that the tax 
shelter ratio (as defined in A-5 of this section) for the limited 
partners will be 5 to 1. Although C knows the partnership is a tax 
shelter, C does not register the partnership by the day on which the 
first offering for sale of an interest occurs because C believes the 
partnership is a projected income investment. In the second year of the 
partnership, the gross deductions allocable to each of the limited 
partners for the first two years of the partnership exceed the gross 
income allocable to the limited partners in such years. Thus, the 
partnership ceases to be a projected income investment under A-57G of 
this section. Assuming further that C continues as the general partner 
and knowingly fails to register the partnership as a tax shelter within 
the time prescribed in this A-57H, C will be subject to a penalty of 1 
percent of the aggregate amount invested in the partnership. Because 
there is an intentional disregard of the registration requirements, the 
$10,000 limitation will not apply.

[[Page 149]]

    Q-57I. How does the requirement to furnish registration numbers (A-
51 through A-54 of this section) apply in the case of a tax shelter that 
is a projected income investment?
    A-57I. In the case of a tax shelter that is a projected income 
investment, a person who sells or transfers an interest in the tax 
shelter is not required to furnish a registration number under A-51 of 
this section or a notice under A-54 of this section unless the tax 
shelter ceases to be a projected income investment. If the tax shelter 
ceases to be a projected income investment, the tax shelter organizer 
who registers the tax shelter is required to furnish the registration 
number to all persons who the tax shelter organizer knows or has reason 
to know are participating in the sale of interests in the tax shelter 
and to all persons who the tax shelter organizer knows or has reason to 
know have acquired interests in the tax shelter. A person who sold (or 
otherwise transferred) an interest in the tax shelter before the date on 
which the tax shelter ceased to be a projected income investment is 
required to furnish the registration number to the purchaser or 
transferee as provided in A-51 of this section only if the seller or 
transferor knows or has reason to know that the tax shelter has ceased 
to be a projected income investment and that the tax shelter organizer 
who registered the tax shelter has not provided a registration number to 
such purchaser or transferee. In the case of persons who acquired 
interests in the tax shelter before the date on which the tax shelter 
ceased to be a projected income investment, the registration number must 
be provided not later than the date described in paragraph (b) of A-57H 
of this section or, if the tax shelter does not provide any schedule 
described in paragraph (b) of A-57H of this section, within 60 days 
after the date on which the tax shelter ceases to be a projected income 
investment. Thus, for example, if a tax shelter that ceases to be a 
projected income investment is a partnership, the tax shelter organizer 
would be required to provide the registration number to each partner not 
later than the date the Schedule K-1 for the year in which the tax 
shelter ceases to be a projected income investment is provided to each 
partner.
    The registration number must be provided in accordance with A-51 and 
A-52 of this section and must be accompanied by a statement explaining 
that the tax shelter has ceases to be a projected income investment and 
instructing the recipient to furnish the registration number to any 
persons to whom the recipient has sold or otherwise transferred 
interests in the tax shelter. A tax shelter organizer who fails to 
provide the registration number as provided in this A-57I may be subject 
to penalties. (See A-12 of Sec. 301.6707-1T.)
    Q-57J. How does the requirement to include the registration number 
on tax returns (A-55 through A-57 of this section) apply in the case of 
a tax shelter that is a projected income investment?
    A-57J. In the case of a tax shelter that is a projected income 
investment, an investor is not required to report a registration number 
on the investor's tax return unless the tax shelter ceases to be a 
projected income investment. If the tax shelter ceases to be a projected 
income investment, the requirements of A-55 through A-57 apply with 
respect to returns for taxable years ending on or after the date on 
which the tax shelter ceases to be a projected income investment.

                             Effective Dates

    Q-58. On what date does the requirement to register a tax shelter 
become effective?
    A-58. In general, a tax shelter must be registered if any interest 
in the tax shelter (other than an interest previously sold to an 
investor) is sold on or after September 1, 1984 (whether or not 
interests in the tax shelter were sold or offered for sale before 
September 1, 1984). The tax shelter must be registered with the Internal 
Revenue Service not later than the first day after August 31, 1984 on 
which an interest in the tax shelter is offered for sale.
    Q-59. By what date must the tax shelter registration number be 
furnished to investors who acquired interests before September 1, 1984 
in a tax shelter that is required to be registered.

[[Page 150]]

    A-59. All investors who acquired their interests in a tax shelter 
before September 1, 1984 must be supplied with the tax shelter 
registration number by December 31, 1984. See A-52 of this section for 
the date by which registration numbers must be furnished to investors 
who acquire their interests on or after September 1, 1984.
    Q-60. What interests will be taken into account in determining 
whether an investment in which interests were sold before September 1, 
1984, is a substantial investment?
    A-60. The determination of whether an investment is a substantial 
investment will be made by taking into account only the interests that 
are offered for sale on or after September 1, 1984. An investment will 
be considered a substantial investment if there are expected to be 5 or 
more investors on or after September 1, 1984, and the aggregate amount 
offered for sale on or after September 1, 1984 is expected to exceed 
$250,000. Amounts received from the sale of interests before September 
1, 1984, however, are taken into account in computing the amount of the 
penalty for failure to register.

(Secs. 6111 and 7805, Internal Revenue Code of 1954 (98 Stat. 678, 26 
U.S.C. 6111; 68A Stat. 917, 26 U.S.C. 7805); secs. 6111, 6112 and 7805, 
Internal Revenue Code of 1954 (98 Stat. 678, 98 Stat. 681, 68A Stat. 
917; 26 U.S.C. 6111, 6112 and 7805))

[T.D. 7964, 49 FR 32713, Aug. 15, 1984, as amended by T.D. 7990, 49 FR 
43641, Oct. 31, 1984; T.D. 7964, 49 FR 44461, Nov. 7, 1984; T.D. 8078, 
51 FR 7440, Mar. 25, 1986; T.D. 7964, 73 FR 73180, Dec. 2, 2008]



Sec. 301.6111-2  Confidential corporate tax shelters.

    (a) In general. (1) Under section 6111(d) and this section, a 
confidential corporate tax shelter is treated as a tax shelter subject 
to the requirements of sections 6111 (a) and (b).
    (2) A confidential corporate tax shelter is any transaction--
    (i) A significant purpose of the structure of which is the avoidance 
or evasion of Federal income tax, as described in paragraph (b) of this 
section, for a direct or indirect corporate participant;
    (ii) That is offered to any potential participant under conditions 
of confidentiality, as described in paragraph (c) of this section; and
    (iii) For which the tax shelter promoters may receive fees in excess 
of $100,000 in the aggregate, as described in paragraph (d) of this 
section.
    (3) For purposes of this section, references to the term transaction 
include all of the factual elements relevant to the expected tax 
treatment of any investment, entity, plan, or arrangement, and include 
any series of steps carried out as part of a plan. For purposes of this 
section, the term substantially similar includes any transaction that is 
expected to obtain the same or similar types of tax consequences and 
that is either factually similar or based on the same or similar tax 
strategy. Receipt of an opinion regarding the tax consequences of the 
transaction is not relevant to the determination of whether the 
transaction is the same as or substantially similar to another 
transaction. Further, the term substantially similar must be broadly 
construed in favor of registration. For examples, see Sec. 1.6011-
4(c)(4) of this chapter.
    (4) A transaction described in paragraph (b) of this section is for 
a direct or an indirect corporate participant if it is expected to 
provide Federal income tax benefits to any corporation (U.S. or foreign) 
whether or not that corporation participates directly in the 
transaction.
    (b) Transactions structured for avoidance or evasion of Federal 
income tax--(1) In general. The avoidance or evasion of Federal income 
tax will be considered a significant purpose of the structure of a 
transaction if the transaction is described in paragraph (b)(2) or (3) 
of this section. However, a transaction described in paragraph (b)(3) of 
this section need not be registered if the transaction is described in 
paragraph (b)(4) of this section. For purposes of this section, Federal 
income tax benefits include deductions, exclusions from gross income, 
nonrecognition of gain, tax credits, adjustments (or the absence of 
adjustments) to the basis of property, status as an entity exempt from 
Federal income taxation, and any other tax consequences that may reduce 
a taxpayer's Federal income tax

[[Page 151]]

liability by affecting the amount, timing, character, or source of any 
item of income, gain, expense, loss, or credit.
    (2) Listed transactions. A transaction is described in this 
paragraph (b)(2) if the transaction is the same as or substantially 
similar to one of the types of transactions that the Internal Revenue 
Service (IRS) has determined to be a tax avoidance transaction and 
identified by notice, regulation, or other form of published guidance as 
a listed transaction. If a transaction becomes a listed transaction 
after the date on which registration would otherwise be required under 
this section, and if the transaction otherwise satisfies the 
confidentiality and fee requirements of paragraphs (a)(2)(ii) and (iii) 
of this section, registration shall in all events be required with 
respect to any interests in the transaction that are offered for sale 
after the transaction becomes a listed transaction. However, because a 
transaction identified as a listed transaction is generally considered 
to have been structured for a significant tax avoidance purpose, such a 
transaction ordinarily will have been subject to registration under this 
section before becoming a listed transaction if the transaction 
previously satisfied the confidentiality and fee requirements of 
paragraphs (a)(2)(ii) and (iii) of this section.
    (3) Other tax-structured transactions. A transaction is described in 
this paragraph (b)(3) if it has been structured to produce Federal 
income tax benefits that constitute an important part of the intended 
results of the transaction and the tax shelter promoter (or other person 
who would be responsible for registration under this section) reasonably 
expects the transaction to be presented in the same or substantially 
similar form to more than one potential participant, unless the promoter 
reasonably determines that--
    (i) The potential participant is expected to participate in the 
transaction in the ordinary course of its business in a form consistent 
with customary commercial practice (a transaction involving the 
acquisition, disposition, or restructuring of a business, including the 
acquisition, disposition, or other change in the ownership or control of 
an entity that is engaged in a business, or a transaction involving a 
recapitalization or an acquisition of capital for use in the taxpayer's 
business, shall be considered a transaction carried out in the ordinary 
course of a taxpayer's business); and
    (ii) There is a generally accepted understanding that the expected 
Federal income tax benefits from the transaction (taking into account 
any combination of intended tax consequences) are properly allowable 
under the Internal Revenue Code for substantially similar transactions. 
There is no minimum period of time for which such a generally accepted 
understanding must exist. In general, however, a tax shelter promoter 
(or other person who would be responsible for registration under this 
section) cannot reasonably determine whether the intended tax treatment 
of a transaction has become generally accepted unless information 
relating to the tax treatment and tax structure of such transactions has 
been in the public domain (e.g., rulings, published articles, etc.) and 
widely known for a sufficient period of time (ordinarily a period of 
years) to provide knowledgeable tax practitioners and the IRS reasonable 
opportunity to evaluate the intended tax treatment. The mere fact that 
one or more knowledgeable tax practitioners have provided an opinion or 
advice to the effect that the intended tax treatment of the transaction 
should or will be sustained, if challenged by the IRS, is not sufficient 
to satisfy the requirements of this paragraph (b)(3)(ii).
    (4) Excepted transactions. The avoidance or evasion of Federal 
income tax will not be considered a significant purpose of the structure 
of a transaction if the transaction is described in either paragraph 
(b)(4)(i), (ii), or (iii) of this section.
    (i) In the case of a transaction other than a transaction described 
in paragraph (b)(2) of this section, the tax shelter promoter (or other 
person who would be responsible for registration under this section) 
reasonably determines that there is no reasonable basis under Federal 
tax law for denial of any significant portion of the expected Federal 
income tax benefits from the transaction. This paragraph (b)(4)(i) 
applies only if the tax shelter promoter

[[Page 152]]

(or other person who would be responsible for registration under this 
section) reasonably determines that there is no basis that would meet 
the standard applicable to taxpayers under Sec. 1.6662-3(b)(3) of this 
chapter under which the IRS could disallow any significant portion of 
the expected Federal income tax benefits of the transaction. Thus, the 
reasonable basis standard is not satisfied by an IRS position that would 
be merely arguable or that would constitute merely a colorable claim. 
However, the determination of whether the IRS would or would not have a 
reasonable basis for such a position must take into account the entirety 
of the transaction and any combination of tax consequences that are 
expected to result from any component steps of the transaction, must not 
be based on any unreasonable or unrealistic factual assumptions, and 
must take into account all relevant aspects of Federal tax law, 
including the statute and legislative history, treaties, administrative 
guidance, and judicial decisions that establish principles of general 
application in the tax law (e.g., Gregory v. Helvering, 293 U.S. 465 
(1935)). The determination of whether the IRS would or would not have 
such a reasonable basis is qualitative in nature and does not depend on 
any percentage or other quantitative assessment of the likelihood that 
the taxpayer would ultimately prevail if a significant portion of the 
expected tax benefits were disallowed by the IRS.
    (ii) The IRS makes a determination by published guidance that the 
transaction is not subject to the registration requirements of this 
section.
    (iii) The IRS makes a determination by individual ruling under 
paragraph (b)(5) of this section that a specific transaction is not 
subject to the registration requirements of this section for the 
taxpayer requesting the ruling.
    (5) Requests for ruling. If a tax shelter promoter (or other person 
who would be responsible for registration under this section) is 
uncertain whether a transaction is properly classified as a confidential 
corporate tax shelter or is otherwise uncertain whether registration is 
required under this section, that person may, on or before the date that 
registration would otherwise be required under this section, submit a 
request to the IRS for a ruling as to whether the transaction is subject 
to the registration requirements of this section. If the request fully 
discloses all relevant facts relating to the transaction, that person's 
potential obligation to register the transaction will be suspended 
during the period that the ruling request is pending and, if the IRS 
subsequently concludes that the transaction is a confidential corporate 
tax shelter subject to registration under this section, until the 
sixtieth day after the issuance of the ruling (or, if the request is 
withdrawn, sixty days from the date that the request is withdrawn). In 
the alternative, that person may register the transaction in accordance 
with the requirements of this section and append a statement to the Form 
8264, ``Application for Registration of a Tax Shelter'', which states 
that the person is uncertain whether the transaction is required to be 
registered as a confidential corporate tax shelter, and that the Form 
8264 is being filed on a protective basis.
    (6) Example. The following example illustrates the application of 
paragraphs (b)(1) through (4) of this section. Assume, for purposes of 
the example, that the transaction is not the same as or substantially 
similar to any of the types of transactions that the IRS has identified 
as listed transactions under section 6111 and, thus, is not described in 
paragraph (b)(2) of this section. The example is as follows:

    Example. (i) Facts. Y has designed a combination of financial 
instruments to be issued as a package by corporations. The financial 
instruments are expected to be treated as equity for financial 
accounting purposes and as debt giving rise to allowable interest 
deductions for Federal income tax purposes. Y reasonably expects to 
present this method of raising capital to more than one potential 
corporate participant. Assume that, because of the unusual nature of the 
combination of financial instruments, Y cannot conclude either that the 
transaction represented by the financial instruments is in customary 
commercial form or that there is a generally accepted understanding that 
interest deductions are available to issuers of substantially similar 
combinations of financial instruments. Further, assume that Y cannot 
reasonably determine that the IRS would have no reasonable basis to deny 
the deductions.

[[Page 153]]

    (ii) Analysis. The transaction represented by this combination of 
financial instruments is a transaction described in paragraph (b)(3) of 
this section. However, if Y is uncertain whether this transaction is 
described in paragraph (b)(3) of this section, or is otherwise uncertain 
whether registration is required, Y may apply for a ruling under 
paragraph (b)(5) of this section, and Y will not be required to register 
the transaction while the ruling is pending or for sixty days 
thereafter.

    (c) Conditions of confidentiality--(1) In general. All the facts and 
circumstances relating to the transaction will be considered when 
determining whether an offer is made under conditions of confidentiality 
as described in section 6111(d)(2), including prior conduct of the 
parties. Pursuant to section 6111(d)(2)(A), if an offeree's disclosure 
of the tax treatment or tax structure of the transaction is limited in 
any manner by an express or implied understanding or agreement with or 
for the benefit of any tax shelter promoter, an offer is considered made 
under conditions of confidentiality, whether or not such understanding 
or agreement is legally binding. The tax treatment of a transaction is 
the purported or claimed Federal income tax treatment of the 
transaction. The tax structure of a transaction is any fact that may be 
relevant to understanding the purported or claimed Federal income tax 
treatment of the transaction. Pursuant to section 6111(d)(2)(B), an 
offer will also be considered made under conditions of confidentiality 
in the absence of any such understanding or agreement if any tax shelter 
promoter knows or has reason to know that the offeree's use or 
disclosure of information relating to the tax treatment or tax structure 
of the transaction is limited for the benefit of any person other than 
the offeree in any other manner, such as where the transaction is 
claimed to be proprietary or exclusive to the tax shelter promoter or 
any party other than the offeree.
    (2) Exceptions--(i) Securities law. An offer is not considered made 
under conditions of confidentiality if disclosure of the tax treatment 
or tax structure of the transaction is subject to restrictions 
reasonably necessary to comply with securities laws and such disclosure 
is not otherwise limited.
    (ii) Mergers and acquisitions. In the case of a proposed taxable or 
tax-free acquisition of historic assets of a corporation (other than an 
investment company, as defined in section 351(e), that is not publicly 
traded) that constitute an active trade or business the acquirer intends 
to continue, or a proposed taxable or tax-free acquisition of more than 
50 percent of the stock of a corporation (other than an investment 
company, as defined in section 351(e), that is not publicly traded) that 
owns historic assets used in an active trade or business the acquirer 
intends to continue, the transaction is not considered offered under 
conditions of confidentiality under paragraph (c)(1) of this section if 
the offeree is permitted to disclose the tax treatment and tax structure 
of the transaction no later than the earlier of the date of the public 
announcement of discussions relating to the transaction, the date of the 
public announcement of the transaction, or the date of the execution of 
an agreement (with or without conditions) to enter into the transaction. 
However, this exception is not available where the offeree's ability to 
consult any tax advisor (including a tax advisor independent from all 
other entities involved in the transaction) regarding the tax treatment 
or tax structure of the transaction is limited in any way.
    (3) Presumption. Unless facts and circumstances indicate otherwise, 
an offer is not considered made under conditions of confidentiality if 
the tax shelter promoter provides express written authorization to each 
offeree permitting the offeree (and each employee, representative, or 
other agent of such offeree) to disclose to any and all persons, without 
limitation of any kind, the tax treatment and tax structure of the 
transaction, and all materials of any kind (including opinions or other 
tax analyses) that are provided to the offeree related to such tax 
treatment and tax structure. Except as provided in paragraph (c)(2) of 
this section, this presumption is available only in cases in which each 
written authorization permits the offeree to disclose the tax treatment 
and tax structure of the transaction immediately upon commencement of 
discussions with the

[[Page 154]]

tax shelter promoter providing the authorization and each written 
authorization is given no later than 30 days from the day the tax 
shelter promoter commenced discussions with the offeree. A transaction 
that is exclusive or proprietary to any party other than the offeree 
will not be considered offered under conditions of confidentiality if 
written authorization to disclose is provided to the offeree in 
accordance with this paragraph (c)(3) and the transaction is not 
otherwise confidential.
    (d) Determination of fees. All the facts and circumstances relating 
to the transaction will be considered when determining the amount of 
fees, in the aggregate, that the tax shelter promoters may receive. For 
purposes of this paragraph (d), all consideration that tax shelter 
promoters may receive is taken into account, including contingent fees, 
fees in the form of equity interests, and fees the promoters may receive 
for other transactions as consideration for promoting the tax shelter. 
For example, if a tax shelter promoter may receive a fee for arranging a 
transaction that is a confidential corporate tax shelter and a separate 
fee for another transaction that is not a confidential corporate tax 
shelter, part or all of the fee paid with respect to the other 
transaction may be treated as a fee paid with respect to the 
confidential corporate tax shelter if the facts and circumstances 
indicate that the fee paid for the other transaction is in consideration 
for the confidential corporate tax shelter. For purposes of determining 
whether the tax shelter promoters may receive fees in excess of 
$100,000, the fees from all substantially similar transactions are 
considered part of the same tax shelter and must be aggregated.
    (e) Registration--(1) Time for registering--(i) In general. A tax 
shelter must be registered not later than the day on which the first 
offering for sale of interests in the shelter occurs. An offer to 
participate in a confidential corporate tax shelter shall be treated as 
an offer for sale. If interests in a confidential corporate tax shelter 
were first offered for sale on or before February 28, 2000, the first 
offer for sale of interests in the shelter that occurs after February 
28, 2000 shall be considered the first offer for sale under this 
section.
    (ii) Special rule. If a transaction becomes a confidential corporate 
tax shelter (e.g., because of a change in the law or factual 
circumstances, or because the transaction becomes a listed transaction) 
subsequent to the first offering for sale after February 28, 2000, and 
the transaction was not previously required to be registered as a 
confidential corporate tax shelter under this section, the transaction 
must be registered under this section if interests are offered for sale 
after the transaction becomes a confidential corporate tax shelter. The 
transaction must be registered by the next offering for sale of 
interests in the shelter. If, subsequent to the first offering for sale, 
a transaction becomes a confidential corporate tax shelter because the 
transaction becomes a listed transaction on or after February 28, 2003, 
and the transaction was not previously required to be registered as a 
confidential corporate tax shelter under this section, the transaction 
must be registered under this section within 60 days after the 
transaction becomes a listed transaction/confidential corporate tax 
shelter if any interests were offered for sale within the previous six 
years.
    (2) Procedures for registering. To register a confidential corporate 
tax shelter, the person responsible for registering the tax shelter must 
file Form 8264, ``Application for Registration of a Tax Shelter''. (Form 
8264 is also used to register tax shelters defined in section 6111(c).) 
Similar to the treatment provided under Q&A-22 and Q&A-48 of Sec. 
301.6111-1T, transactions involving similar business assets and similar 
plans or arrangements that are offered to corporate taxpayers by the 
same person or related persons are aggregated and considered part of a 
single tax shelter. However, in contrast with the requirement of Q&A-48 
of Sec. 301.6111-1T, the tax shelter promoter may file a single Form 
8264 with respect to any such aggregated tax shelter, provided an 
amended Form 8264 is filed to reflect any material changes and to 
include any additional or revised written materials presented in 
connection with an

[[Page 155]]

offer to participate in the shelter. Furthermore, all transactions that 
are part of the same tax shelter and that are to be carried out by the 
same corporate participant (or one or more other members of the same 
affiliated group within the meaning of section 1504) must be registered 
on the same Form 8264.
    (f) Definition of tax shelter promoter. For purposes of section 
6111(d)(2) and this section, the term tax shelter promoter includes a 
tax shelter organizer and any other person who participates in the 
organization, management or sale of a tax shelter (as those persons are 
described in section 6111(e)(1) and Sec. 301.6111-1T (Q&A-26 through 
Q&A-33) or any person related (within the meaning of section 267 or 707) 
to such tax shelter organizer or such other person.
    (g) Person required to register--(1) Tax shelter promoters. The 
rules in section 6111 (a) and (e) and Sec. 301.6111-1T (Q&A-34 through 
Q&A-39) determine who is required to register a confidential corporate 
tax shelter. A promoter of a confidential corporate tax shelter must 
register the tax shelter only if it is a person required to register 
under the rules in section 6111(a) and (e) and Sec. 301.6111-1T (Q&A-34 
through Q&A-39).
    (2) Persons who discuss the transaction; all promoters are foreign 
persons--(i) In general. If all of the tax shelter promoters of a 
confidential corporate tax shelter are foreign persons, any person who 
discusses participation in the transaction must register the shelter 
under this section within 90 days after beginning such discussions.
    (ii) Exceptions. Registration by a person discussing participation 
in a transaction is not required if either--
    (A) The person does not participate, directly or indirectly, in the 
shelter and notifies the tax shelter promoter in writing, within 90 days 
of beginning such discussions, that the person will not participate; or
    (B) Within 90 days after beginning such discussions, the person 
obtains and reasonably relies on both--
    (1) A written statement from one of the tax shelter promoters that 
such promoter has registered the tax shelter under this section; and
    (2) A copy of the registration.
    (iii) Determination of foreign status. For purposes of this 
paragraph (g)(2), a person must presume that all tax shelter promoters 
are foreign persons unless the person either--
    (A) Discusses participation in the tax shelter with a promoter that 
is a United States person; or
    (B) Obtains and reasonably relies on a written statement from one of 
the promoters that at least one of the promoters is a United States 
person.
    (iv) Discussion. Discussing participation in a transaction includes 
discussing such participation with any person that conveys the tax 
shelter promoter's proposal. For purposes of this paragraph (g)(2), any 
person that participates directly or indirectly in a transaction will be 
treated as having discussed participation in the transaction not later 
than the date of the agreement to participate. Thus, a tax shelter 
participant will be treated as having discussed participation in the 
transaction even if all discussions were conducted by an intermediary 
and the agreement to participate was made indirectly through another 
person acting on the participant's behalf (for example, through an 
intermediary empowered to commit the participant to participate in the 
shelter).
    (v) Special rule for controlled entities. A person (first person) 
will be treated as participating indirectly in a confidential corporate 
tax shelter if a foreign person controlled by the first person 
participates in the shelter, and a significant purpose of the shelter is 
the avoidance or evasion of the first person's Federal income tax. For 
purposes of this paragraph (g)(2)(v), control of a foreign corporation 
or partnership will be determined under the rules of section 6038(e)(2) 
and (3), except that such section shall be applied by substituting 
``10'' for ``50'' each place it appears and ``at least'' for ``more 
than'' each place it appears. In addition, section 6038(e)(2) shall be 
applied for these purposes without regard to the constructive ownership 
rules of section 318 and by treating stock as owned if it is owned 
directly or indirectly. Section

[[Page 156]]

6038(e)(3) shall be applied for these purposes without regard to the 
last sentence of section 6038(e)(3)(B). Any beneficiary with a 10 
percent or more interest in a foreign trust or estate shall be treated 
as controlling that trust or estate for purposes of this paragraph 
(g)(2)(v).
    (vi) Other rules. (A) For purposes of the registration requirements 
under section 6111(d)(3), it is presumed that the tax shelter promoters 
will receive fees in excess of $100,000 in the aggregate unless the 
person responsible for registering the tax shelter can show otherwise.
    (B) Any person treated as a tax shelter promoter under section 
6111(d) solely by reason of being related (within the meaning of section 
267 or 707) to a foreign promoter will be treated as a foreign promoter 
for purposes of this paragraph (g)(2).
    (h) Effective dates. This section applies to confidential corporate 
tax shelters in which any interests are offered for sale after February 
28, 2000. If an interest is sold after February 28, 2000, it is treated 
as offered for sale after February 28, 2000, unless the sale was 
pursuant to a written binding contract entered into on or before 
February 28, 2000. However, paragraphs (a) through (g) of this section 
apply to confidential corporate tax shelters in which any interests are 
offered for sale on or after February 28, 2003, and to transactions 
described in paragraph (e)(1)(ii) of this section. The rules that apply 
to confidential corporate tax shelters in which any interests are 
offered for sale after February 28, 2000, and before February 28, 2003, 
are contained in Sec. 301.6111-2T in effect prior to February 28, 2003 
(see 26 CFR part 301 revised as of April 1, 2002, 2002-28 I.R.B 91, and 
2002-45 I.R.B. 823 (see Sec. 601.601(d)(2) of this chapter)).

[T.D. 9046, 68 FR 10170, Mar. 4, 2003]



Sec. 301.6111-3  Disclosure of reportable transactions.

    (a) In general. Each material advisor, as defined in paragraph (b) 
of this section, with respect to any reportable transaction, as defined 
in Sec. 1.6011-4(b) of this chapter, must file a return as described in 
paragraph (d) of this section by the date described in paragraph (e) of 
this section.
    (b) Material advisor--(1) In general. A person is a material advisor 
with respect to a transaction if the person provides any material aid, 
assistance, or advice with respect to organizing, managing, promoting, 
selling, implementing, insuring, or carrying out any reportable 
transaction, and directly or indirectly derives gross income in excess 
of the threshold amount as defined in paragraph (b)(3) of this section 
for the material aid, assistance, or advice. The term transaction 
includes all of the factual elements relevant to the expected tax 
treatment of any investment, entity, plan or arrangement, and includes 
any series of steps carried out as part of a plan.
    (2) Material aid, assistance, or advice--(i) In general. Except as 
provided in paragraph (b)(5) of this section, a person provides material 
aid, assistance, or advice with respect to organizing, managing, 
promoting, selling, implementing, insuring, or carrying out any 
transaction if the person makes or provides a tax statement to or for 
the benefit of--
    (A) A taxpayer who either is required to disclose the transaction 
under Sec. Sec. 1.6011-4, 20.6011-4, 25.6011-4, 31.6011-4, 53.6011-4, 
54.6011-4, or 56.6011-4 of this chapter because the transaction is a 
listed transaction or a transaction of interest, or would have been 
required to disclose the transaction under Sec. Sec. 1.6011-4, 20.6011-
4, 25.6011-4, 31.6011-4, 53.6011-4, 54.6011-4, or 56.6011-4 of this 
chapter if the transaction had become a listed transaction or a 
transaction of interest within the period of limitations in Sec. 
1.6011-4(e) of this chapter;
    (B) A taxpayer who the potential material advisor knows is or 
reasonably expects to be required to disclose the transaction under 
Sec. 1.6011-4 of this chapter because the transaction is or is 
reasonably expected to become a transaction described in Sec. 1.6011-
4(b)(3) through (5) or (7) of this chapter;
    (C) A material advisor who is required to disclose the transaction 
under this section because it is a listed transaction or a transaction 
of interest; or
    (D) A material advisor who the potential material advisor knows is 
or

[[Page 157]]

reasonably expects to be required to disclose the transaction under this 
section because the transaction is or is reasonably expected to become a 
transaction described in Sec. 1.6011-4(b)(3) through (5) or (7) of this 
chapter.
    (ii) Tax statement--(A) In general. A tax statement is any statement 
(including another person's statement), oral or written, that relates to 
a tax aspect of a transaction that causes the transaction to be a 
reportable transaction as defined in Sec. 1.6011-4(b)(2) through (7) of 
this chapter. A tax statement under this section includes tax result 
protection that insures some or all of the tax benefits of a reportable 
transaction.
    (B) Confidential transactions. A statement relates to a tax aspect 
of a transaction that causes it to be a confidential transaction if the 
statement concerns a tax benefit related to the transaction and either 
the taxpayer's disclosure of the tax treatment or tax structure of the 
transaction is limited in the manner described in Sec. 1.6011-4(b)(3) 
of this chapter by or for the benefit of the person making the 
statement, or the person making the statement knows the taxpayer's 
disclosure of the tax structure or tax aspects of the transaction is 
limited in the manner described in Sec. 1.6011-4(b)(3) of this chapter.
    (C) Transactions with contractual protection. A statement relates to 
a tax aspect of a transaction that causes it to be a transaction with 
contractual protection if the statement concerns a tax benefit related 
to the transaction and either--
    (1) The taxpayer has the right to a full or partial refund of fees 
paid to the person making the statement or the fees are contingent in 
the manner described in Sec. 1.6011-4(b)(4) of this chapter; or
    (2) The person making the statement knows or has reason to know that 
the taxpayer has the right to a full or partial refund of fees 
(described in Sec. 1.6011-4(b)(4)(ii) of this chapter) paid to another 
if all or part of the intended tax consequences from the transaction are 
not sustained or that fees (as described in Sec. 1.6011-4(b)(4)(ii) of 
this chapter) paid by the taxpayer to another are contingent on the 
taxpayer's realization of tax benefits from the transaction in the 
manner described in Sec. 1.6011-4(b)(4) of this chapter.
    (D) Loss transactions. A statement relates to a tax aspect of a 
transaction that causes it to be a loss transaction if the statement 
concerns an item that gives rise to a loss described in Sec. 1.6011-
4(b)(5) of this chapter.
    (E) [Reserved].
    (iii) Special rules--(A) Capacity as an employee. A material advisor 
generally does not include a person who makes a tax statement solely in 
the person's capacity as an employee, shareholder, partner or agent of 
another person. Any tax statement made by that person will be attributed 
to that person's employer, corporation, partnership or principal. 
However, a person shall be treated as a material advisor if that person 
forms or avails of an entity with the purpose of avoiding the rules of 
section 6111 or 6112 or the penalties under section 6707 or 6708.
    (B) Post-filing advice. A person will not be considered to be a 
material advisor with respect to a transaction if that person does not 
make or provide a tax statement regarding the transaction until after 
the first tax return reflecting tax benefit(s) of the transaction is 
filed with the IRS. However, this exception does not apply to a person 
who makes a tax statement with respect to the transaction if it is 
expected that the taxpayer will file a supplemental or amended return 
reflecting additional tax benefits from the transaction.
    (C) Publicly filed statements. A tax statement with respect to a 
transaction that includes only information about the transaction 
contained in publicly available documents filed with the Securities and 
Exchange Commission no later than the close of the transaction will not 
be considered a tax statement to or for the benefit of a person 
described in paragraph (b)(2) of this section.
    (3) Gross income derived for material aid, assistance, or advice--
(i) Threshold amount--(A) In general. The threshold amount of gross 
income is $50,000 in the case of a reportable transaction substantially 
all of the tax benefits from which are provided to natural persons 
(looking through any partnerships, S

[[Page 158]]

corporations, or trusts). For all other transactions, the threshold 
amount is $250,000.
    (B) Listed transactions and transactions of interest. For listed 
transactions described in Sec. Sec. 1.6011-4, 20.6011-4, 25.6011-4, 
31.6011-4, 53.6011-4, 54.6011-4, or 56.6011-4 of this chapter, the 
threshold amounts in paragraph (b)(3)(i)(A) of this section are reduced 
from $50,000 to $10,000 and from $250,000 to $25,000. For transactions 
of interest described in Sec. Sec. 1.6011-4, 20.6011-4, 25.6011-4, 
31.6011-4, 53.6011-4, 54.6011-4, or 56.6011-4 of this chapter, the 
threshold amounts in paragraph (b)(3)(i)(A) of this section may be 
reduced as identified in the published guidance describing the 
transaction.
    (C) [Reserved]
    (D) Substantially all of the tax benefits. For purposes of this 
section, the determination of whether substantially all of the tax 
benefits from a reportable transaction are provided to natural persons 
is made based on all the facts and circumstances. Generally, unless the 
facts and circumstances prove otherwise, if 70 percent or more of the 
tax benefits from a reportable transaction are provided to natural 
persons (looking through any partnerships, S corporations, or trusts) 
then substantially all of the tax benefits will be considered to be 
provided to natural persons.
    (ii) Gross income derived directly or indirectly for the material 
aid, assistance, or advice. In determining the amount of gross income a 
person derives directly or indirectly for material aid, assistance, or 
advice, all fees for a tax strategy or for services for advice (whether 
or not tax advice) or for the implementation of a reportable transaction 
are taken into account. Fees include consideration in whatever form 
paid, whether in cash or in kind, for services to analyze the 
transaction (whether or not related to the tax consequences of the 
transaction), for services to implement the transaction, for services to 
document the transaction, and for services to prepare tax returns to the 
extent return preparation fees are unreasonable in light of all of the 
facts and circumstances. A fee does not include amounts paid to a 
person, including an advisor, in that person's capacity as a party to 
the transaction. For example, a fee does not include reasonable charges 
for the use of capital or the sale or use of property. The IRS will 
scrutinize carefully all of the facts and circumstances in determining 
whether consideration received in connection with a reportable 
transaction constitutes gross income derived directly or indirectly for 
aid, assistance, or advice. For purposes of this section, the threshold 
amount must be met independently for each transaction that is a 
reportable transaction and aggregation of fees among transactions is not 
required.
    (4) Date a person becomes a material advisor--(i) In general. A 
person will be treated as becoming a material advisor when all of the 
following events have occurred (in no particular order)--
    (A) The person provides material aid, assistance or advice as 
described in paragraph (b)(2) of this section;
    (B) The person directly or indirectly derives gross income in excess 
of the threshold amount as described in paragraph (b)(3) of this 
section; and
    (C) The transaction is entered into by the taxpayer to whom or for 
whose benefit the person provided the tax statement, or in the case of a 
tax statement provided to another material advisor, when the transaction 
is entered into by a taxpayer to whom or for whose benefit that material 
advisor provided a tax statement.
    (ii) Determining if the taxpayer entered into the transaction. 
Material advisors, including those who cease providing services before 
the time the transaction is entered into, must make reasonable and good 
faith efforts to determine whether the event described in paragraph 
(b)(4)(i)(C) of this section has occurred.
    (iii) Listed transactions and transactions of interest. If a 
transaction that was not a reportable transaction is identified as a 
listed transaction or a transaction of interest in published guidance 
after the occurrence of the events described in paragraph (b)(4)(i) of 
this section, the person will be treated as becoming a material advisor 
on the date the transaction is identified as a listed transaction or a 
transaction of interest.

[[Page 159]]

    (5) Other persons designated as material advisors. Published 
guidance may identify other types or classes of persons as material 
advisors.
    (c) Definitions. For purposes of this section, the following 
definitions apply:
    (1) Reportable transaction. The term reportable transaction is 
defined in Sec. 1.6011-4(b)(1) of this chapter.
    (2) Listed transaction. The term listed transaction is defined in 
Sec. 1.6011-4(b)(2) of this chapter. See also Sec. Sec. 20.6011-4(a), 
25.6011-4(a), 31.6011-4(a), 53.6011-4(a), 54.6011-4(a), or 56.6011-4(a) 
of this chapter.
    (3) Derive. The term derive means receive or expect to receive.
    (4) Person. The term person means any person described in section 
7701(a)(1), including an affiliated group of corporations that join in 
the filing of a consolidated return under section 1501.
    (5) Substantially similar. The term substantially similar is defined 
in Sec. 1.6011-4(c)(4) of this chapter.
    (6) Tax. The term tax means Federal tax.
    (7) Tax benefit. A tax benefit includes deductions, exclusions from 
gross income, nonrecognition of gain, tax credits, adjustments (or the 
absence of adjustments) to the basis of property, status as an entity 
exempt from Federal income taxation, and any other tax consequences that 
may reduce a taxpayer's Federal tax liability by affecting the amount, 
timing, character, or source of any item of income, gain, expense, loss, 
or credit.
    (8) Tax return. The term tax return means a Federal tax return and a 
Federal information return.
    (9) Tax structure. The tax structure of a transaction is any fact 
that may be relevant to understanding the purported or claimed Federal 
tax treatment of the transaction.
    (10) Tax treatment. The tax treatment of a transaction is the 
purported or claimed Federal tax treatment of the transaction.
    (11) Taxpayer. The term taxpayer is defined in Sec. 1.6011-4(c)(1) 
of this chapter.
    (12) Tax result protection. The term tax result protection includes 
insurance company and other third party products commonly described as 
tax result insurance.
    (13) Transaction of interest. The term transaction of interest is 
defined in Sec. 1.6011-4(b)(6) of this chapter. See also Sec. Sec. 
20.6011-4(a), 25.6011-4(a), 31.6011-4(a), 53.6011-4(a), 54.6011-4(a), or 
56.6011-4(a) of this chapter.
    (d) Form and content of material advisor's disclosure statement--(1) 
In general. A material advisor required to file a disclosure statement 
under this section must file a completed Form 8918, ``Material Advisor 
Disclosure Statement'' (or successor form) in accordance with this 
paragraph (d) and the instructions to the form. To be considered 
complete, the information provided on the form must describe the 
expected tax treatment and all potential tax benefits expected to result 
from the transaction, describe any tax result protection with respect to 
the transaction, and identify and describe the transaction in sufficient 
detail for the IRS to be able to understand the tax structure of the 
reportable transaction and the identity of any material advisor(s) whom 
the material advisor knows or has reason to know acted as a material 
advisor as defined in paragraph (b) of this section with respect to the 
transaction. An incomplete form containing a statement that information 
will be provided upon request is not considered a complete disclosure 
statement. A material advisor may file a single form for substantially 
similar transactions. An amended form must be filed if information 
previously provided is no longer accurate, if additional information 
that was not disclosed becomes available, or if there are material 
changes to the transaction. A material advisor is not required to file 
an additional form for each additional taxpayer that enters into the 
same or substantially similar transaction. If the form is not completed 
in accordance with the provisions in this paragraph (d) and the 
instructions to the form, the material advisor will not be considered to 
have complied with the disclosure requirements of this section.
    (2) Reportable transaction number. The IRS will issue to a material 
advisor a

[[Page 160]]

reportable transaction number with respect to the disclosed reportable 
transaction. Receipt of a reportable transaction number does not 
indicate that the disclosure statement is complete, nor does it indicate 
that the transaction has been reviewed, examined, or approved by the 
IRS. Material advisors must provide the reportable transaction number to 
all taxpayers and material advisors for whom the material advisor acts 
as a material advisor as defined in paragraph (b) of this section. The 
reportable transaction number must be provided at the time the 
transaction is entered into, or, if the transaction is entered into 
prior to the material advisor receiving the reportable transaction 
number, within 60 calendar days from the date the reportable transaction 
number is mailed to the material advisor.
    (e) Time of providing disclosure. The material advisor's disclosure 
statement for a reportable transaction must be filed with the Office of 
Tax Shelter Analysis (OTSA) by the last day of the month that follows 
the end of the calendar quarter in which the advisor became a material 
advisor with respect to the reportable transaction or in which the 
circumstances necessitating an amended disclosure statement occur. The 
disclosure statement must be sent to OTSA at the address provided in the 
instructions for Form 8918 (or a successor form).
    (f) Designation agreements. If more than one material advisor is 
required to disclose a reportable transaction under this section, the 
material advisors may designate by written agreement a single material 
advisor to disclose the transaction. The transaction must be disclosed 
by the last day of the month following the end of the calendar quarter 
that includes the earliest date on which a material advisor who is a 
party to the agreement became a material advisor with respect to the 
transaction as described in paragraph (b)(4) of this section. The 
designation of one material advisor to disclose the transaction does not 
relieve the other material advisors of their obligation to disclose the 
transaction to the IRS in accordance with this section, if the 
designated material advisor fails to disclose the transaction to the IRS 
in a timely manner.
    (g) Protective disclosures. If a potential material advisor is 
uncertain whether a transaction must be disclosed under this section, 
the advisor may disclose the transaction in accordance with the 
requirements of this section and comply with all the provisions of this 
section, and indicate on the disclosure statement that the disclosure 
statement is being filed on a protective basis. The IRS will not treat 
disclosure statements filed on a protective basis any differently than 
other disclosure statements filed under this section. For a protective 
disclosure to be effective, the advisor must comply with the regulations 
under this section and Sec. 301.6112-1 by providing to the IRS all 
information requested by the IRS under these sections.
    (h) Rulings. If a potential material advisor requests a ruling as to 
whether a specific transaction is a reportable transaction on or before 
the date that disclosure would otherwise be required under this section, 
the Commissioner in his discretion may determine that the submission 
satisfies the disclosure rules under this section for that transaction 
if the request fully discloses all relevant facts relating to the 
transaction which would otherwise be required to be disclosed under this 
section. The potential obligation of the person to disclose the 
transaction under this section (or to maintain or furnish the list under 
Sec. 301.6112-1) will not be suspended during the period that the 
ruling request is pending.
    (i) Effective/applicability date--(1) In general. This section 
applies to transactions with respect to which a material advisor makes a 
tax statement on or after August 3, 2007. However, this section applies 
to transactions of interest entered into on or after November 2, 2006 
with respect to which a material advisor makes a tax statement under 
Sec. 301.6111-3 on or after November 2, 2006. Paragraph (h) of this 
section applies to ruling requests received on or after November 1, 
2006. Otherwise, the rules that apply with respect to transactions 
entered into before August 3, 2007 are contained in Notice 2004-80 
(2004-50 IRB 963); Notice 2005-17 (2005-8 IRB 606); and Notice 2005-22 
(2005-12 IRB 756) (see

[[Page 161]]

Sec. 601.601(d)(2)(ii)(b) in effect prior to August 3, 2007.
    (2) [Reserved]

[T.D. 9351, 72 FR 43159, Aug. 3, 2007]



Sec. 301.6112-1  Material advisors of reportable transactions must keep lists of advisees, etc.

    (a) In general. Each material advisor, as defined in Sec. 301.6111-
3(b), with respect to any reportable transaction, as defined in Sec. 
1.6011-4(b) of this chapter, shall prepare and maintain a list in 
accordance with paragraph (b) of this section and shall furnish such 
list to the Internal Revenue Service (IRS) in accordance with paragraph 
(e) of this section.
    (b) Preparation and maintenance of lists--(1) In general. A separate 
list must be prepared and maintained for each reportable transaction. 
However, one list must be maintained for substantially similar 
transactions. A list must be maintained in a form that enables the IRS 
to determine without undue delay or difficulty the information required 
in paragraph (b)(3) of this section. The Commissioner in his discretion 
may provide in published guidance a form or method for maintaining and/
or furnishing the list.
    (2) Persons required to be included on lists. A material advisor is 
required to maintain a list identifying each person with respect to whom 
the advisor acted as a material advisor with respect to the reportable 
transaction. However, a material advisor is not required to identify a 
person on the list if the person entered into a listed transaction or a 
transaction of interest more than 6 years before the transaction was 
identified in published guidance as a listed transaction or a 
transaction of interest.
    (3) Contents. Each list must include the three components described 
in paragraph (b)(3)(i), (ii), and (iii) of this section.
    (i) Statement. An itemized statement containing the following 
information--
    (A) The name of each reportable transaction, the citation to the 
published guidance number identifying the transaction if the transaction 
is a listed transaction or a transaction of interest, and the reportable 
transaction number obtained under section 6111;
    (B) The name, address, and TIN of each person required to be 
included on the list;
    (C) The date on which each person required to be included on the 
list entered into each reportable transaction, if known by the material 
advisor;
    (D) The amount invested in each reportable transaction by each 
person required to be included on the list, if known by the material 
advisor;
    (E) A summary or schedule of the tax treatment that each person is 
intended or expected to derive from participation in each reportable 
transaction; and
    (F) The name of each other material advisor to the transaction, if 
known by the material advisor.
    (ii) Description of the transaction. A detailed description of each 
reportable transaction that describes both the tax structure of the 
transaction and the purported tax treatment of the transaction.
    (iii) Documents. The following documents--
    (A) A copy of any designation agreement (as described in paragraph 
(f) of this section) to which the material advisor is a party; and
    (B) Copies of any additional written materials, including tax 
analyses or opinions, relating to each reportable transaction that are 
material to an understanding of the purported tax treatment or tax 
structure of the transaction that have been shown or provided to any 
person who acquired or may acquire an interest in the transactions, or 
to their representatives, tax advisors, or agents, by the material 
advisor or any related party or agent of the material advisor. However, 
a material advisor is not required to retain earlier drafts of a 
document provided the material advisor retains a copy of the final 
document (or, if there is no final document, the most recent draft of 
the document) and the final document (or most recent draft) contains all 
the information in the earlier drafts of such document that is material 
to an understanding of the purported tax treatment or the tax structure 
of the transaction.
    (c) Definitions. For purposes of this section, the following terms 
are defined as:

[[Page 162]]

    (1) Material advisor. The term material advisor is defined in Sec. 
301.6111-3(b).
    (2) Reportable transaction. The term reportable transaction is 
defined in Sec. 1.6011-4(b)(1) of this chapter.
    (3) Listed transaction. The term listed transaction is defined in 
Sec. 1.6011-4(b)(2) of this chapter. See also Sec. Sec. 20.6011-4(a), 
25.6011-4(a), 31.6011-4(a), 53.6011-4(a), 54.6011-4(a), or 56.6011-4(a) 
of this chapter.
    (4) Substantially similar. The term substantially similar is defined 
in Sec. 1.6011-4(c)(4) of this chapter.
    (5) Person. The term person is defined in Sec. 301.6111-3(c)(4).
    (6) Related party. A person is a related party with respect to 
another person if such person bears a relationship to such other person 
described in section 267(b) or 707(b).
    (7) Tax. The term tax is defined in Sec. 301.6111-3(c)(6).
    (8) Tax benefit. The term tax benefit is defined in Sec. 301.6111-
3(c)(7).
    (9) Tax return. The term tax return is defined in Sec. 301.6111-
3(c)(8).
    (10) Tax structure. The term tax structure is defined in Sec. 
301.6111-3(c)(9).
    (11) Tax treatment. The term tax treatment is defined in Sec. 
301.6111-3(c)(10).
    (12) Transaction of interest. The term transaction of interest is 
defined in Sec. 1.6011-4(b)(6) of this chapter. See also Sec. Sec. 
20.6011-4(a), 25.6011-4(a), 31.6011-4(a), 53.6011-4(a), 54.6011-4(a), or 
56.6011-4(a) of this chapter.
    (d) Retention of lists. Each material advisor must maintain each 
component of the list described in paragraph (b)(3) of this section in a 
readily accessible form for seven years following the earlier of the 
date on which the material advisor last made a tax statement relating to 
the transaction, or the date the transaction was last entered into, if 
known. If the material advisor required to prepare, maintain, and 
furnish the list is a corporation, partnership, or other entity (entity) 
that has dissolved or liquidated before completion of the seven-year 
period, the person responsible under state law for winding up the 
affairs of the entity must prepare, maintain and furnish each component 
of the list on behalf of the entity, unless the entity submits the list 
to the Office of Tax Shelter Analysis (OTSA) within 60 days after the 
dissolution or liquidation. If state law does not specify any person as 
responsible for winding up the affairs, then each of the directors of 
the corporation, the general partners of the partnership, or the 
trustees, owners, or members of the entity are responsible for 
preparing, maintaining and furnishing each component of the list on 
behalf of the entity, unless the entity submits the list to the OTSA 
within 60 days after the dissolution or liquidation. The responsible 
person must also provide notice to OTSA of such dissolution or 
liquidation within 60 days after the dissolution or liquidation. The 
list and the notice provided to OTSA must be sent to: Internal Revenue 
Service, OTSA Mail Stop 4915, 1973 North Rulon White Blvd., Ogden, Utah 
84404, or to such other address as provided by the Commissioner.
    (e) Furnishing of lists--(1) In general. Each material advisor 
responsible for maintaining a list must, upon written request by the 
IRS, make each component of the list described in paragraph (b)(3) of 
this section available to the IRS. Each component of the list must be 
furnished to the IRS in a form that enables the IRS to determine without 
undue delay or difficulty the information required in paragraph (b)(3) 
of this section. If any component of the list is not in a form that 
enables the IRS to determine without undue delay or difficulty the 
information required in paragraph (b)(3) of this section, the material 
advisor will not be considered to have complied with the list 
maintenance provisions in section 6112 and this section. A material 
advisor must make the list or each component of the list available to 
the IRS within the period prescribed in section 6708 or published 
guidance relating to section 6708.
    (2) Claims of privilege. Each material advisor who is required to 
maintain a list with respect to a reportable transaction, must still 
maintain the list pursuant to the requirements of this section even if a 
person asserts a claim of privilege with respect to the information 
specified in paragraph (b)(3)(iii)(B) of this section.
    (f) Designation agreements. If more than one material advisor is 
required to maintain a list of persons for a reportable transaction, in 
accordance

[[Page 163]]

with paragraph (b) of this section, the material advisors may designate 
by written agreement a single material advisor to maintain the list or a 
portion of the list. The designation of one material advisor to maintain 
the list does not relieve the other material advisors from their 
obligation to furnish the list to the IRS in accordance with paragraph 
(e)(1) of this section, if the designated material advisor fails to 
furnish the list to the IRS in a timely manner. A material advisor is 
not relieved from the requirement of this section because a material 
advisor is unable to obtain the list from any designated material 
advisor, any designated material advisor did not maintain a list, or the 
list maintained by any designated material advisor is not complete.
    (g) Effective/applicability date. In general, this section applies 
to transactions with respect to which a material advisor makes a tax 
statement under Sec. 301.6111-3 on or after August 3, 2007. However, 
this section applies to transactions of interest entered into on or 
after November 2, 2006, with respect to which a material advisor makes a 
tax statement under Sec. 301.6111-3 on or after November 2, 2006. 
Otherwise, the rules that apply before August 3, 2007 are contained in 
Sec. 301.6112-1 in effect prior to August 3, 2007 (see 26 CFR part 301 
revised as of April 1, 2007), and see also Notice 2004-80 (2004-50 IRB 
963); Notice 2005-17 (2005-8 IRB 606); and Notice 2005-22 (2005-12 IRB 
756) (see Sec. 601.601(d)(2)).

[T.D. 9352, 72 FR 43155, Aug. 3, 2007]



Sec. 301.6114-1  Treaty-based return positions.

    (a) Reporting requirement--(1) General rule. (i) Except as provided 
in paragraph (c) of this section, if a taxpayer takes a return position 
that any treaty of the United States (including, but not limited to, an 
income tax treaty, estate and gift tax treaty, or friendship, commerce 
and navigation treaty) overrules or modifies any provision of the 
Internal Revenue Code and thereby effects (or potentially effects) a 
reduction of any tax incurred as any time, the taxpayer shall disclose 
such return position on a statement (in the form required in paragraph 
(d) of this section) attached to such return.
    (ii) If a return of tax would not otherwise be required to be filed, 
a return must nevertheless be filed for purposes of making the 
disclosure required by this section. For this purpose, such return need 
include only the taxpayer's name, address, taxpayer identifying number, 
and be signed under penalties of perjury (as well as the subject 
disclosure). Also, the taxpayer's taxable year shall be deemed to be the 
calendar year (unless the taxpayer has previously established, or timely 
chooses for this purpose to establish, a different taxable year). In the 
case of a disclosable return position relating solely to income subject 
to withholding (as defined in Sec. 1.1441-2(a) of this chapter), 
however, the statement required to be filed in paragraph (d) of this 
section must instead be filed at times and in accordance with procedures 
published by the Internal Revenue Service.
    (2) Application. (i) A taxpayer is considered to adopt a ``return 
position'' when the taxpayer determines its tax liability with respect 
to a particular item of income, deduction or credit. A taxpayer may be 
considered to adopt a return position whether or not a return is 
actually filed. To determine whether a return position is a ``treaty-
based return position'' so that reporting is required under this 
paragraph (a), the taxpayer must compare:
    (A) The tax liability (including credits, carrybacks, carryovers, 
and other tax consequences or attributes for the current year as well as 
for any other affected tax years) to be reported on a return of the 
taxpayer, and
    (B) The tax liability (including such credits, carrybacks, 
carryovers, and other tax consequences or attributes) that would be 
reported if the relevant treaty provision did not exist.

If there is a difference (or potential difference) in these two amounts, 
the position taken on a return is a treaty-based return position that 
must be reported.
    (ii) In the event a taxpayer's return position is based on a 
conclusion that a treaty provision is consistent with a Code provision, 
but the effect of the treaty provision is to alter the scope of the Code 
provision from the scope that

[[Page 164]]

it would have in the absence of the treaty, then the return position is 
a treaty-based return position that must be reported.
    (iii) A return position is a treaty-based return position unless the 
taxpayer's conclusion that no reporting is required under paragraphs 
(a)(2) (i) and (ii) of this section has a substantial probability of 
successful defense if challenged.
    (3) Examples. The application of section 6114 and paragraph (a)(2) 
of this section may be illustrated by the following examples:

    Example 1: X, a Country A corporation, claims the benefit of a 
provision of the income tax treaty between the United States and Country 
A that modifies a provision of the Code. This position does not result 
in a change of X's U.S. tax liability for the current tax year but does 
give rise to, or increases, a net operating loss which may be carried 
back (or forward) such that X's tax liability in the carryback (or 
forward) year may be affected by the position taken by X in the current 
year. X must disclose this treaty-based return position with its tax 
return for the current tax year.
    Example 2: Z, a domestic corporation, is engaged in a trade or 
business in Country B. Country B imposes a tax on the income from 
certain of Z's petroleum activities at a rate significantly greater than 
the rate applicable to income from other activities. Z claims a foreign 
tax credit for this tax on its tax return. The tax imposed on Z is 
specifically listed as a creditable tax in the income tax treaty between 
the United States and Country B; however, there is no specific authority 
that such tax would otherwise be a creditable tax for U.S. purposes 
under sections 901 or 903 of the Code. Therefore, in the absence of the 
treaty, the creditability of this petroleum tax would lack a substantial 
probability of successful defense if challenged, and Z must disclose 
this treaty-based return position (see also paragraph (b)(7) of this 
section).

    (b) Reporting specifically required. Reporting is required under 
this section except as expressly waived under paragraph (c) of this 
section. The following list is not a list of all positions for which 
reporting is required under this section but is a list of particular 
positions for which reporting is specifically required. These positions 
are as follows:
    (1) That a nondiscrimination provision of a treaty precludes the 
application of any otherwise applicable Code provision, other than with 
respect to the making of or the effect of an election under section 
897(i);
    (2) That a treaty reduces or modifies the taxation of gain or loss 
from the disposition of a United States real property interest;
    (3) That a treaty exempts a foreign corporation from (or reduces the 
amount of tax with respect to) the branch profits tax (section 884(a)) 
or the tax on excess interest (section 884(f)(1)(B));
    (4) That, notwithstanding paragraph (c)(1)(i) of this section,
    (i) A treaty exempts from tax, or reduces the rate of tax on, 
interest or dividends paid by a foreign corporation that are from 
sources within the United States by reason of section 861(a)(2)(B) or 
section 884(f)(1)(A); or
    (ii) A treaty exempts from tax, or reduces the rate of tax on, fixed 
or determinable annual or periodical income subject to withholding under 
section 1441 or 1442 that a foreign person receives from a U.S. person, 
but only if described in paragraphs (b)(4)(ii)(A) and (B) of this 
section, or in paragraph (b)(4)(ii)(C) or (D) of this section as 
follows--
    (A) the payment is not properly reported to the Service on a Form 
1042S; and
    (B) The foreign person is any of the following:
    (1) A controlled foreign corporation (as defined in section 957) in 
which the U.S. person is a U.S. shareholder within the meaning of 
section 951(b);
    (2) A foreign corporation that is controlled within the meaning of 
section 6038 by the U.S. person;
    (3) A foreign shareholder of the U.S. person that, in the case of 
tax years beginning on or before July 10, 1989, is controlled within the 
meaning of section 6038A by the foreign shareholder, or, in the case of 
tax years beginning after July 10, 1989, is 25-percent owned within the 
meaning of section 6038A by the foreign shareholder; or
    (4) With respect to payments made after October 10, 1990, a foreign 
related party, as defined in section 6038A (c)(2)(B), the U.S. person; 
or
    (C) For payments made after December 31, 2000, with respect to a 
treaty

[[Page 165]]

that contains a limitation on benefits article, that--
    (1) The treaty exempts from tax, or reduces the rate of tax on 
income subject to withholding (as defined in Sec. 1.1441-2(a) of this 
chapter) that is received by a foreign person (other than a State, 
including a political subdivision or local authority) that is the 
beneficial owner of the income and the beneficial owner is related to 
the person obligated to pay the income within the meaning of sections 
267(b) and 707(b), and the income exceeds $500,000; and
    (2) A foreign person (other than an individual or a State, including 
a political subdivision or local authority) meets the requirements of 
the limitation on benefits article of the treaty; or
    (D) For payments made after December 31, 2000, with respect to a 
treaty that imposes any other conditions for the entitlement of treaty 
benefits, for example as a part of the interest, dividends, or royalty 
article, that such conditions are met;
    (5) That, notwithstanding paragraph (c)(1)(i) of this section, under 
a treaty--
    (i) Income that is effectively connected with a U.S. trade or 
business of a foreign corporation or a nonresident alien is not 
attributable to a permanent establishment or a fixed base of operations 
in the United States and, thus, is not subject to taxation on a net 
basis, or that
    (ii) Expenses are allowable in determining net business income so 
attributable, notwithstanding an inconsistent provision of the Code;
    (6) Except as provided in paragraph (c)(1)(iv) of this section, that 
a treaty alters the source of any item of income or deduction;
    (7) That a treaty grants a credit for a specific foreign tax for 
which a foreign tax credit would not be allowed by the Code; or
    (8) For returns relating to taxable years for which the due date for 
filing returns (without extensions) is after December 15, 1997, that 
residency of an individual is determined under a treaty and apart from 
the Internal Revenue Code.
    (c) Reporting requirement waived. (1) Pursuant to the authority 
contained in section 6114 (b), reporting is waived under this section 
with respect to any of the following return positions taken by the 
taxpayer:
    (i) For amounts received on or after January 1, 2001, reporting 
under paragraph (b)(4)(ii) is waived, unless reporting is specifically 
required under paragraphs (b)(4)(ii)(A) and (B) of this section, 
paragraph (b)(4)(ii)(C) of this section, or paragraph (b)(4)(ii)(D) of 
this section;
    (ii) Notwithstanding paragraph (b)(4) or (5) of this section, that a 
treaty has reduced the rate of withholding tax otherwise applicable to a 
particular type of fixed or determinable annual or periodical income 
subject to withholding under section 1441 or 1442, such as dividends, 
interest, rents, or royalties to the extent such income is beneficially 
owned by an individual or a State (including a political subdivision or 
local authority);
    (iii) For returns relating to taxable years for which the due date 
for filing returns (without extensions) is on or before December 15, 
1997, that residency of an individual is determined under a treaty and 
apart from the Internal Revenue Code.
    (iv) That a treaty reduces or modifies the taxation of income 
derived from dependent personal services, pensions, annuities, social 
security and other public pensions, or income derived by artistes, 
athletes, students, trainees or teachers;
    (v) That income of an individual is resourced (for purposes of 
applying the foreign tax credit limitation) under a treaty provision 
relating to elimination of double taxation;
    (vi) That a nondiscrimination provision of a treaty allows the 
making of an election under section 897(i);
    (vii) That a Social Security Totalization Agreement or a Diplomatic 
or Consular Agreement reduces or modifies the taxation of income derived 
by the taxpayer; or
    (viii) That a treaty exempts the taxpayer from the excise tax 
imposed by section 4371, but only if:
    (A) The person claiming such treaty-based return position is an 
insured, as defined in section 4372(d) (without the limitation therein 
referring to section

[[Page 166]]

4371(1)), or a U.S. or foreign broker of insurance risks,
    (B) Reporting under this section that would otherwise be required to 
be made by foreign insurers or reinsurers on a Form 720 on a quarterly 
basis is made on an annual basis on a Form 720 by a date no later than 
the date on which the return is due for the first quarter after the end 
of the calendar year, or
    (C) A closing agreement relating to entitlement to the exemption 
from the excise tax has been entered into with the Service by the 
foreign insurance company that is the beneficial recipient of the 
premium that is subject to the excise tax.
    (2) Reporting is waived for an individual if payments or income 
items otherwise reportable under this section (other than by reason of 
paragraph (b)(8) of this section), received by the individual during the 
course of the taxable year do not exceed $10,000 in the aggregate or, in 
the case of payments or income items reportable only by reason of 
paragraph (b)(8) of this section, do not exceed $100,000 in the 
aggregate.
    (3) Reporting with respect to payments or income items the treatment 
of which is mandated by the terms of a closing agreement with the 
Internal Revenue Service, and that would otherwise be subject to the 
reporting requirements of this section, is also waived.
    (4) If a partnership, trust, or estate that has the taxpayer as a 
partner or beneficiary discloses on its information return a position 
for which reporting is otherwise required by the taxpayer, the taxpayer 
(partner or beneficiary) is then excused from disclosing that position 
on a return.
    (5) This section does not apply to a withholding agent with respect 
to the performance of its withholding functions.
    (6)(i) For taxable years ending after December 31, 2004, except as 
provided in paragraph (c)(6)(ii) of this section, reporting under 
paragraph (b)(4)(ii) of this section is waived for amounts received by a 
related party, within the meaning of section 6038A(c)(2), from a 
withholding agent that is a reporting corporation, within the meaning of 
section 6038A(a), and that are properly reported on Form 1042-S.
    (ii) Paragraph (c)(6)(i) of this section does not apply to any 
amounts for which reporting is specifically required under the 
instructions to Form 8833.
    (7)(i) For taxable years ending after December 31, 2004, except as 
provided in paragraph (c)(7)(iv) of this section, reporting under 
paragraph (b)(4)(ii) of this section is waived for amounts properly 
reported on Form 1042-S (on either a specific payee or pooled basis) by 
a withholding agent described in paragraph (c)(7)(ii) of this section if 
the beneficial owner is described in paragraph (c)(7)(iii) of this 
section.
    (ii) A withholding agent described in this paragraph (c)(7)(ii) is a 
U.S. financial institution, as defined in Sec. 1.1441-1(c)(5) of this 
chapter, a qualified intermediary, as defined in Sec. 1.1441-
1(e)(5)(ii) of this chapter, a withholding foreign partnership, as 
defined Sec. 1.1441-5(c)(2)(i) of this chapter, or a withholding 
foreign trust, as defined in Sec. 1.1441-5(e)(5)(v) of this chapter.
    (iii) A beneficial owner described in this paragraph (c)(7)(iii) of 
this section is a direct account holder of a U.S. financial institution 
or qualified intermediary, a direct partner of a withholding foreign 
partnership, or a direct beneficiary or owner of a simple or grantor 
trust that is a withholding foreign trust. A beneficial owner described 
in this paragraph (c)(7)(iii) also includes an account holder to which a 
qualified intermediary has applied section 4A.01 or 4A.02 of the 
qualified intermediary agreement, contained in Revenue Procedure 2000-12 
(2000-1 C.B. 387), (as amended by Revenue Procedure 2003-64, (2003-2 
C.B. 306); Revenue Procedure 2004-21 (2004-1 C.B. 702); Revenue 
Procedure 2005-77 (2005-51 I.R.B. 1176) (see Sec. 601.601(b)(2) of this 
chapter) a partner to which a withholding foreign partnership has 
applied section 10.01 or 10.02 of the withholding foreign partnership 
agreement, and a beneficiary or owner to which a withholding foreign 
trust has applied section 10.01 or 10.02 of the withholding foreign 
trust agreement, contained in Revenue Procedure 2003-64, (2003-2 C.B. 
306), (as amended by Revenue Procedure 2004-21 (2004-1 C.B. 702); 
Revenue

[[Page 167]]

Procedure 2005-77 (2005-51 I.R.B. 1176); (see Sec. 601.601(b)(2) of 
this chapter).
    (iv) Paragraph (c)(7)(i) of this section does not apply to any 
amounts for which reporting is specifically required under the 
instructions to Form 8833.
    (8)(i) For taxable years ending after December 31, 2004, except as 
provided in paragraph (c)(8)(ii) of this section, reporting under 
paragraph (b)(4)(ii) of this section is waived for taxpayers that are 
not individuals or States and that receive amounts of income that have 
been properly reported on Form 1042-S, that do not exceed $500,000 in 
the aggregate for the taxable year and that are not received through an 
account with an intermediary, as defined in Sec. 1.1441-1(c) (13), or 
with respect to interest in a flow-through entity, as defined in Sec. 
1.1441-1(c)(23),
    (ii) The exception contained in paragraph (c)(8)(i) of this section 
does not apply to any amounts for which reporting is specifically 
required under the instructions to Form 8833.
    (d) Information to be reported--(1) Returns due after December 15, 
1997. When reporting is required under this section for a return 
relating to a taxable year for which the due date (without extensions) 
is after December 15, 1997, the taxpayer must furnish, in accordance 
with paragraph (a) of this section, as an attachment to the return, a 
fully completed Form 8833 (Treaty-Based Return Position Disclosure Under 
Section 6114 or 7701(b)) or appropriate successor form.
    (2) Earlier returns. For returns relating to taxable years for which 
the due date for filing returns (without extensions) is on or before 
December 15, 1997, the taxpayer must furnish information in accordance 
with paragraph (d) of this section in effect prior to December 15, 1997 
(see Sec. 301.6114-1(d) as contained in 26 CFR part 301, revised April 
1, 1997).
    (3) In general--(i) Permanent establishment. For purposes of 
determining the nature and amount (or reasonable estimate thereof) of 
gross receipts, if a taxpayer takes a position that it does not have a 
permanent establishment or a fixed base in the United States and 
properly discloses that position, it need not separately report its 
payment of actual or deemed dividends or interest exempt from tax by 
reason of a treaty (or any liability for tax imposed by reason of 
section 884).
    (ii) Single income item. For purposes of the statement of facts 
relied upon to support each separate Treaty-Based Return Position taken, 
a taxpayer may treat payments or income items of the same type (e.g., 
interest items) received from the same ultimate payor (e.g., the obligor 
on a note) as a single separate payment or income item.
    (iii) Foreign source effectively connected income. If a taxpayer 
takes the return position that, under the treaty, income that would be 
income effectively connected with a U.S. trade or business is not 
subject to U.S. taxation because it is income treated as derived from 
sources outside the United States, the taxpayer may treat payments or 
income items of the same type (e.g., interest items) as a single 
separate payment or income item.
    (iv) Sales or services income. Income from separate sales or 
services, whether or not made or performed by an agent (independent or 
dependent), to different U.S. customers on behalf of a foreign 
corporation not having a permanent establishment in the United States 
may be treated as a single payment or income item.
    (v) Foreign insurers or reinsurers. For purposes of reporting by 
foreign insurers or reinsurers, as described in paragraph (c)(1)(vii)(B) 
of this section, such reporting must separately set forth premiums paid 
with respect to casualty insurance and indemnity bonds (subject to 
section 4371(1)); life insurance, sickness and accident policies, and 
annuity contracts (subject to section 4371(2)); and reinsurance (subject 
to section 4371(3)). All premiums paid with respect to each of these 
three categories may be treated as a single payment or income item 
within that category. For reports first due before May 1, 1991, the 
report may disclose, for each of the three categories, the total amount 
of premiums derived by the foreign insurer or reinsurer in U.S. dollars 
(even if a portion of these premiums relate to risks that are not U.S. 
situs). Reasonable estimates of the amounts required to be disclosed 
will satisfy these reporting requirements.

[[Page 168]]

    (e) Effective date. This section is effective for taxable years of 
the taxpayer for which the due date for filing returns (without 
extensions) occurs after December 31, 1988. However, if--
    (1) A taxpayer has filed a return for such a taxable year, without 
complying with the reporting requirement of this section, before 
November 13, 1989, or
    (2) A taxpayer is not otherwise than by paragraph (a) of this 
section required to file a return for a taxable year before November 13, 
1989,

Such taxpayer must file (apart from any earlier filed return) the 
statement required by paragraph (d) of this section before June 12, 
1990, by mailing the required statement to the Internal Revenue Service, 
P.O. Box 21086, Philadelphia, PA 19114. Any such statement filed apart 
from a return must be dated, signed and sworn to by the taxpayer under 
the penalties of perjury. In addition, with respect to any return due 
(without extensions) on or before March 10, 1990, the reporting required 
by paragraph (a) of this section must be made no later than June 12, 
1990. If a taxpayer files or has filed a return on or before November 
13, 1989, that provides substantially the same information required by 
paragraph (d) of this section, no additional submission will be 
required. Foreign insurers and reinsurers subject to reporting described 
in paragraph (c)(7)(ii) of this section must so report for calendar 
years 1988 and 1989 no later than August 15, 1990.
    (f) Cross reference. For the provisions concerning penalties for 
failure to disclose a treaty-based return position, see section 6712 and 
Sec. 301.6712-1.

[T.D. 8292, 55 FR 9440, Mar. 14, 1990; 55 FR 10237, Mar. 20, 1990, as 
amended by T.D. 8305, 55 FR 28609, July 12, 1990; T.D. 8733, 62 FR 
53385, Oct. 14, 1997; T.D. 8734, 62 FR 53495, Oct. 14, 1997; T.D. 8804, 
63 FR 72189, Dec. 31, 1998; T.D. 8856, 64 FR 73413, Dec. 30, 1999; T.D. 
9253, 71 FR 13007, Mar. 14, 2006; 71 FR 27321, May 10, 2006]



                      Time and Place for Paying Tax

                  Place and Due Date for Payment of Tax



Sec. 301.6151-1  Time and place for paying tax shown on returns.

    For provisions concerning the time and place for paying tax shown on 
returns with respect to a particular tax, see the regulations relating 
to such tax.



Sec. 301.6153-1  Installment payments of estimated income tax by individuals.

    For provisions relating to installment payments of estimated income 
tax by individuals, see Sec. Sec. 1.6153-1 to 1.6153-4, inclusive, of 
this chapter (Income Tax Regulations).



Sec. 301.6155-1  Payment on notice and demand.

    Upon receipt of notice and demand from the district director 
(including the Director of International Operations) or the director of 
the regional service center, there shall be paid at the place and time 
stated in such notice the amount of any tax (including any interest, 
additional amounts, additions to the tax, and assessable penalties) 
stated in such notice and demand.



Sec. 301.6159-0  Table of contents.

    This section lists the major captions that appear in the regulations 
under Sec. 301.6159-1.

   Sec. 301.6159-1 Agreements for the payment of tax liabilities in 
                              installments.

    (a) Authority.
    (b) Procedures for submission and consideration of proposed 
installment agreements.
    (c) Acceptance, form, and terms of installment agreements.
    (d) Rejection of a proposed installment agreement.
    (e) Modification or termination of installment agreements by the 
Internal Revenue Service.
    (f) Effect of installment agreement or pending installment agreement 
on collection activity.
    (g) Suspension of the statute of limitations on collection.
    (h) Annual statement.
    (i) Biennial review of partial payment installment agreements.
    (j) Cross reference.

[[Page 169]]

    (k) Effective/applicability date.

[T.D. 9473, 74 FR 61528, Nov. 25, 2009]



Sec. 301.6159-1  Agreements for payment of tax liabilities in installments.

    (a) Authority. The Commissioner may enter into a written agreement 
with a taxpayer that allows the taxpayer to make scheduled periodic 
payments of any tax liability if the Commissioner determines that such 
agreement will facilitate full or partial collection of the tax 
liability.
    (b) Procedures for submission and consideration of proposed 
installment agreements--(1) In general. A proposed installment agreement 
must be submitted according to the procedures, and in the form and 
manner, prescribed by the Commissioner.
    (2) When a proposed installment agreement becomes pending. A 
proposed installment agreement becomes pending when it is accepted for 
processing. The Internal Revenue Service (IRS) may not accept a proposed 
installment agreement for processing following reference of a case 
involving the liability that is the subject of the proposed installment 
agreement to the Department of Justice for prosecution or defense. The 
proposed installment agreement remains pending until the IRS accepts the 
proposal, the IRS notifies the taxpayer that the proposal has been 
rejected, or the proposal is withdrawn by the taxpayer. If a proposed 
installment agreement that has been accepted for processing does not 
contain sufficient information to permit the IRS to evaluate whether the 
proposal should be accepted, the IRS will request the taxpayer to 
provide the needed additional information. If the taxpayer does not 
submit the additional information that the IRS has requested within a 
reasonable time period after such a request, the IRS may reject the 
proposed installment agreement.
    (3) Revised proposals of installment agreements submitted following 
rejection. If, following the rejection of a proposed installment 
agreement, the IRS determines that the taxpayer made a good faith 
revision of the proposal and submitted the revision within 30 days of 
the date of rejection, the provisions of this section shall apply to 
that revised proposal. If, however, the IRS determines that a revision 
was not made in good faith, the provisions of this section do not apply 
to the revision and the appeal period in paragraph (d)(3) of this 
section continues to run from the date of the original rejection.
    (c) Acceptance, form, and terms of installment agreements--(1) 
Acceptance of an installment agreement--(i) In general. A proposed 
installment agreement has not been accepted until the IRS notifies the 
taxpayer or the taxpayer's representative of the acceptance. Except as 
provided in paragraph (c)(1)(iii) of this section, the Commissioner has 
the discretion to accept or reject any proposed installment agreement.
    (ii) Acceptance does not reduce liabilities. The acceptance of an 
installment agreement by the IRS does not reduce the amount of taxes, 
interest, or penalties owed. (However, penalties may continue to accrue 
at a reduced rate pursuant to section 6651(h).)
    (iii) Guaranteed installment agreements. In the case of a liability 
of an individual for income tax, the Commissioner shall accept a 
proposed installment agreement if, as of the date the individual 
proposes the installment agreement--
    (A) The aggregate amount of the liability (not including interest, 
penalties, additions to tax, and additional amounts) does not exceed 
$10,000;
    (B) The taxpayer (and, if the liability relates to a joint return, 
the taxpayer's spouse) has not, during any of the preceding five taxable 
years--
    (1) Failed to file any income tax return;
    (2) Failed to pay any required income tax; or
    (3) Entered into an installment agreement for the payment of any 
income tax;
    (C) The Commissioner determines that the taxpayer is financially 
unable to pay the liability in full when due (and the taxpayer submits 
any information the Commissioner requires to make that determination);
    (D) The installment agreement requires full payment of the liability 
within three years; and
    (E) The taxpayer agrees to comply with the provisions of the 
Internal

[[Page 170]]

Revenue Code for the period the agreement is in effect.
    (2) Form of installment agreements. An installment agreement must be 
in writing. A written installment agreement may take the form of a 
document signed by the taxpayer and the Commissioner or a written 
confirmation of an agreement entered into by the taxpayer and the 
Commissioner that is mailed or personally delivered to the taxpayer.
    (3) Terms of installment agreements. (i) Except as otherwise 
provided in this section, an installment agreement is effective from the 
date the IRS notifies the taxpayer or the taxpayer's representative of 
its acceptance until the date the agreement ends by its terms or until 
it is superseded by a new installment agreement.
    (ii) By its terms, an installment agreement may end upon the 
expiration of the period of limitations on collection in section 6502 
and Sec. 301.6502-1, or at some prior date.
    (iii) As a condition to entering into an installment agreement with 
a taxpayer, the Commissioner may require that--
    (A) The taxpayer agree to a reasonable extension of the period of 
limitations on collection; and
    (B) The agreement contain terms that protect the interests of the 
Government.
    (iv) Except as otherwise provided in an installment agreement, all 
payments made under the installment agreement will be applied in the 
best interests of the Government.
    (v) While an installment agreement is in effect, the Commissioner 
may request, and the taxpayer must provide, a financial condition update 
at any time.
    (vi) At any time after entering into an installment agreement, the 
Commissioner and the taxpayer may agree to modify or terminate an 
installment agreement or may agree to a new installment agreement that 
supersedes the existing agreement.
    (d) Rejection of a proposed installment agreement--(1) When a 
proposed installment agreement becomes rejected. A proposed installment 
agreement has not been rejected until the IRS notifies the taxpayer or 
the taxpayer's representative of the rejection, the reason(s) for 
rejection, and the right to an appeal.
    (2) Independent administrative review. The IRS may not notify a 
taxpayer or taxpayer's representative of the rejection of an installment 
agreement until an independent administrative review of the proposed 
rejection is completed.
    (3) Appeal of rejection of a proposed installment agreement. The 
taxpayer may administratively appeal a rejection of a proposed 
installment agreement to the IRS Office of Appeals (Appeals) if, within 
the 30-day period commencing the day after the taxpayer is notified of 
the rejection, the taxpayer requests an appeal in the manner provided by 
the Commissioner.
    (e) Modification or termination of installment agreements by the 
Internal Revenue Service--(1) Inadequate information or jeopardy. The 
Commissioner may terminate an installment agreement if the Commissioner 
determines that--
    (i) Information which was provided to the IRS by the taxpayer or the 
taxpayer's representative in connection with either the granting of the 
installment agreement or a request for a financial update was inaccurate 
or incomplete in any material respect; or
    (ii) Collection of any liability to which the installment agreement 
applies is in jeopardy.
    (2) Change in financial condition, failure to timely pay an 
installment or another Federal tax liability, or failure to provide 
requested financial information. The Commissioner may modify or 
terminate an installment agreement if--
    (i) The Commissioner determines that the financial condition of a 
taxpayer that is party to the agreement has significantly changed; or
    (ii) A taxpayer that is party to the installment agreement fails 
to--
    (A) Timely pay an installment in accordance with the terms of the 
installment agreement;
    (B) Pay any other Federal tax liability when the liability becomes 
due; or
    (C) Provide a financial condition update requested by the 
Commissioner.
    (3) Request by taxpayer. Upon request by a taxpayer that is a party 
to the installment agreement, the Commissioner may terminate or modify 
the terms of an installment agreement if the Commissioner determines 
that the

[[Page 171]]

financial condition of the taxpayer has significantly changed. The 
taxpayer's request will not suspend the statute of limitations under 
section 6502 for collection of any liability. While the Commissioner is 
considering the request, the taxpayer shall comply with the terms of the 
existing installment agreement.
    (4) Notice. Unless the Commissioner determines that collection of 
the tax is in jeopardy, the Commissioner will notify the taxpayer in 
writing at least 30 days prior to modifying or terminating an 
installment agreement pursuant to paragraph (e)(1) or (2) of this 
section. The notice provided pursuant to this section must briefly 
describe the reason for the intended modification or termination. Upon 
receiving notice, the taxpayer may provide information showing that the 
reason for the proposed modification or termination is incorrect.
    (5) Appeal of modification or termination of an installment 
agreement. The taxpayer may administratively appeal the modification or 
termination of an installment agreement to Appeals if, following 
issuance of the notice required by paragraph (e)(4) of this section and 
prior to the expiration of the 30-day period commencing the day after 
the modification or termination is to take effect, the taxpayer requests 
an appeal in the manner provided by the Commissioner.
    (f) Effect of installment agreement or pending installment agreement 
on collection activity--(1) In general. No levy may be made to collect a 
tax liability that is the subject of an installment agreement during the 
period that a proposed installment agreement is pending with the IRS, 
for 30 days immediately following the rejection of a proposed 
installment agreement, during the period that an installment agreement 
is in effect, and for 30 days immediately following the termination of 
an installment agreement. If, prior to the expiration of the 30-day 
period following the rejection or termination of an installment 
agreement, the taxpayer appeals the rejection or termination decision, 
no levy may be made while the rejection or termination is being 
considered by Appeals. This section will not prohibit levy to collect 
the liability of any person other than the person or persons named in 
the installment agreement.
    (2) Exceptions. Paragraph (f)(1) of this section shall not prohibit 
levy if the taxpayer files a written notice with the IRS that waives the 
restriction on levy imposed by this section, the IRS determines that the 
proposed installment agreement was submitted solely to delay collection, 
or the IRS determines that collection of the tax to which the 
installment agreement or proposed installment agreement relates is in 
jeopardy.
    (3) Other actions by the IRS while levy is prohibited--(i) In 
general. The IRS may take actions other than levy to protect the 
interests of the Government with regard to the liability identified in 
an installment agreement or proposed installment agreement. Those 
actions include, for example--
    (A) Crediting an overpayment against the liability pursuant to 
section 6402;
    (B) Filing or refiling notices of Federal tax lien; and
    (C) Taking action to collect from any person who is not named in the 
installment agreement or proposed installment agreement but who is 
liable for the tax to which the installment agreement relates.
    (ii) Proceedings in court. Except as otherwise provided in this 
paragraph (f)(3)(ii), the IRS will not refer a case to the Department of 
Justice for the commencement of a proceeding in court, against a person 
named in an installment agreement or proposed installment agreement, if 
levy to collect the liability is prohibited by paragraph (f)(1) of this 
section. Without regard to whether a person is named in an installment 
agreement or proposed installment agreement, however, the IRS may 
authorize the Department of Justice to file a counterclaim or third-
party complaint in a refund action or to join that person in any other 
proceeding in which liability for the tax that is the subject of the 
installment agreement or proposed installment agreement may be 
established or disputed, including a suit against the United States 
under 28 U.S.C. 2410. In addition, the United States may file a claim in 
any bankruptcy proceeding or

[[Page 172]]

insolvency action brought by or against such person. If a person named 
in an installment agreement is joined in a proceeding, the United States 
obtains a judgment against that person, and the case is referred back to 
the IRS for collection, collection will continue to occur pursuant to 
the terms of the installment agreement. Notwithstanding the installment 
agreement, any claim or suit permitted will be for the full amount of 
the liabilities owed.
    (g) Suspension of the statute of limitations on collection. The 
statute of limitations under section 6502 for collection of any 
liability shall be suspended during the period that a proposed 
installment agreement relating to that liability is pending with the 
IRS, for 30 days immediately following the rejection of a proposed 
installment agreement, and for 30 days immediately following the 
termination of an installment agreement. If, within the 30 days 
following the rejection or termination of an installment agreement, the 
taxpayer files an appeal with Appeals, the statute of limitations for 
collection shall be suspended while the rejection or termination is 
being considered by Appeals. The statute of limitations for collection 
shall continue to run if an exception under paragraph (f)(2) of this 
section applies and levy is not prohibited with respect to the taxpayer.
    (h) Annual statement. The Commissioner shall provide each taxpayer 
who is party to an installment agreement under this section with an 
annual statement setting forth the initial balance owed at the beginning 
of the year, the payments made during the year, and the remaining 
balance as of the end of the year.
    (i) Biennial review of partial payment installment agreements. The 
Commissioner shall perform a review of the taxpayer's financial 
condition in the case of a partial payment installment agreement at 
least once every two years. The purpose of this review is to determine 
whether the taxpayer's financial condition has significantly changed so 
as to warrant an increase in the value of the payments being made or 
termination of the agreement.
    (j) Cross reference. Pursuant to section 6601(b)(1), the last day 
prescribed for payment is determined without regard to any installment 
agreement, including for purposes of computing penalties and interest 
provided by the Internal Revenue Code. For special rules regarding the 
computation of the failure to pay penalty while certain installment 
agreements are in effect, see section 6651(h) and Sec. 301.6651-
1(a)(4).
    (k) Effective/applicability date. This section is applicable on 
November 25, 2009.

[T.D. 9473, 74 FR 61528, Nov. 25, 2009]

                      Extension of Time for Payment



Sec. 301.6161-1  Extension of time for paying tax.

    For provisions concerning the extension of time for paying a 
particular tax or for paying an amount determined as a deficiency, see 
the regulations relating to such tax.



Sec. 301.6162-1  Extension of time for payment of tax on gain attributable to 

liquidation of personal holding companies.

    For provisions relating to the extension of time for payment of tax 
on gain attributable to liquidation of personal holding companies, see 
Sec. 1.6162-1 of this chapter (Income Tax Regulations).



Sec. 301.6163-1  Extension of time for payment of estate tax on value of

reversionary or remainder interest in property.

    For provisions relating to the extension of time for payment of 
estate tax on value of reversionary or remainder interest in property, 
see Sec. 20.6163-1 of this chapter (Estate Tax Regulations).



Sec. 301.6164-1  Extension of time for payment of taxes by corporations expecting carrybacks.

    For provisions relating to the extension of time for payment of 
taxes by corporations expecting carrybacks, see Sec. Sec. 1.6164-1 to 
1.6164-9, inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6165-1  Bonds where time to pay the tax or deficiency has been extended.

    For provisions concerning bonds where time to pay a tax or 
deficiency has been extended, see the regulations relating to the 
particular tax.

[[Page 173]]



Sec. 301.6166-1  Extension of time for payment of estate tax where

estate consists largely of interest in closely held business.

    For provisions relating to the extension of time for payment of 
estate tax where estate consists largely of interest in closely held 
business, see Sec. Sec. 20.6166-1 to 20.6166-4, inclusive, of this 
chapter (Estate Tax Regulations).



                               Assessment

                               In General



Sec. 301.6201-1  Assessment authority.

    (a) In general. The district director is authorized and required to 
make all inquiries necessary to the determination and assessment of all 
taxes imposed by the Internal Revenue Code of 1954 or any prior internal 
revenue law. The district director is further authorized and required, 
and the director of the regional service center is authorized, to make 
the determinations and the assessments of such taxes. However, certain 
inquiries and determinations are, by direction of the Commissioner, made 
by other officials, such as assistant regional commissioners. The term 
``taxes'' includes interest, additional amounts, additions to the taxes, 
and assessable penalties. The authority of the district director and the 
director of the regional service center to make assessments includes the 
following:
    (1) Taxes shown on return. The district director or the director of 
the regional service center shall assess all taxes determined by the 
taxpayer or by the district director or the director of the regional 
service center and disclosed on a return or list.
    (2) Unpaid taxes payable by stamp. (i) If without the use of the 
proper stamp:
    (a) Any article upon which a tax is required to be paid by means of 
a stamp is sold or removed for sale or use by the manufacturer thereof, 
or
    (b) Any transaction or act upon which a tax is required to be paid 
by means of a stamp occurs;

The district director, upon such information as he can obtain, must 
estimate the amount of the tax which has not been paid and the district 
director or the director of the regional service center must make 
assessment therefor upon the person the district director determines to 
be liable for the tax. However, the district director or the director of 
the regional service center may not assess any tax which is payable by 
stamp unless the taxpayer fails to pay such tax at the time and in the 
manner provided by law or regulations.
    (ii) If a taxpayer gives a check or money order as a payment for 
stamps but the check or money order is not paid upon presentment, then 
the district director or the director of the regional service center 
shall assess the amount of the check or money order against the taxpayer 
as if it were a tax due at the time the check or money order was 
received by the district director.
    (3) Erroneous income tax prepayment credits. If the amount of income 
tax withheld or the amount of estimated income tax paid is overstated by 
a taxpayer on a return or on a claim for refund, the amount so 
overstated which is allowed against the tax shown on the return or which 
is allowed as a credit or refund shall be assessed by the district 
director or the director of the regional service center in the same 
manner as in the case of a mathematical error on the return. See section 
6213 (b)(1), relating to exceptions to restrictions on assessment.
    (b) Estimated income tax. Neither the district director nor the 
director of the regional service center shall assess any amount of 
estimated income tax required to be paid under section 6153 or 6154 
which is unpaid.
    (c) Compensation of child. Any income tax assessed against a child, 
to the extent of the amount attributable to income included in the gross 
income of the child solely by reason of section 73(a) or the 
corresponding provision of prior law, if not paid by the child, shall, 
for the purposes of the income tax imposed by chapter 1 of the Code (or 
the corresponding provisions of prior law), be considered as having also 
been properly assessed against the parent. In any case in which the 
earnings of the child are included in the gross income of the child 
solely by reason of section 73(a) or the corresponding provision of 
prior law, the parent's liability is an amount equal to the amount by 
which the tax assessed against the

[[Page 174]]

child (and not paid by him) has been increased by reason of the 
inclusion of such earnings in the gross income of the child. Thus, if 
for the calendar year 1954 the child has income of $1,000 from 
investments and of $3,000 for services rendered, and the latter amount 
is includible in the gross income of the child under section 73(a) and 
the child has no wife or dependents, the tax liability determined under 
section 3 is $625. If the child had only the investment income of 
$1,000, his tax liability would be $62. If the tax of $625 is assessed 
against the child, the difference between $625 and $62, or $563, is the 
amount of such tax which is considered to have been properly assessed 
against the parent, if not paid by the child.



Sec. 301.6203-1  Method of assessment.

    The district director and the director of the regional service 
center shall appoint one or more assessment officers. The district 
director shall also appoint assessment officers in a Service Center 
servicing his district. The assessment shall be made by an assessment 
officer signing the summary record of assessment. The summary record, 
through supporting records, shall provide identification of the 
taxpayer, the character of the liability assessed, the taxable period, 
if applicable, and the amount of the assessment. The amount of the 
assessment shall, in the case of tax shown on a return by the taxpayer, 
be the amount so shown, and in all other cases the amount of the 
assessment shall be the amount shown on the supporting list or record. 
The date of the assessment is the date the summary record is signed by 
an assessment officer. If the taxpayer requests a copy of the record of 
assessment, he shall be furnished a copy of the pertinent parts of the 
assessment which set forth the name of the taxpayer, the date of 
assessment, the character of the liability assessed, the taxable period, 
if applicable, and the amounts assessed.



Sec. 301.6204-1  Supplemental assessments.

    If any assessment is incomplete or incorrect in any material 
respect, the district director or the director of the regional service 
center, subject to the restrictions with respect to the assessment of 
deficiencies in income, estate, gift, chapter 41, 42, 43, and 44 taxes, 
and subject to the applicable period of limitation, may make a 
supplemental assessment for the purpose of correcting or completing the 
original assessment.

[T.D. 7838, 47 FR 44249, Oct. 7, 1982]



Sec. 301.6205-1  Special rules applicable to certain employment taxes.

    For regulations under section 6205, see Sec. 31.6205-1 of this 
chapter (Employment Tax Regulations).

                          Deficiency Procedures



Sec. 301.6211-1  Deficiency defined.

    (a) In the case of the income tax imposed by subtitle A of the Code, 
the estate tax imposed by chapter 11, subtitle B, of the Code, the gift 
tax imposed by chapter 12, subtitle B, of the Code, and any excise tax 
imposed by chapter 41, 42, 43, or 44 of the Code, the term 
``deficiency'' means the excess of the tax, (income, estate, gift, or 
excise tax as the case may be) over the sum of the amount shown as such 
tax by the taxpayer upon his return and the amounts previously assessed 
(or collected without assessment) as a deficiency; but such sum shall 
first be reduced by the amount of rebates made. If no return is made, or 
if the return (except a return of income tax pursuant to sec. 6014) does 
not show any tax, for the purpose of the definition ``the amount shown 
as the tax by the taxpayer upon his return'' shall be considered as 
zero. Accordingly, in any such case, if no deficiencies with respect to 
the tax have been assessed, or collected without assessment, and no 
rebates with respect to the tax have been made, the deficiency is the 
amount of the income tax imposed by subtitle A, the estate tax imposed 
by chapter 11, the gift tax imposed by chapter 12, or any excise tax 
imposed by chapter 41, 42, 43, or 44. Any amount shown as additional tax 
on an ``amended return,'' so-called (other than amounts of additional 
tax which such return clearly indicates the taxpayer is protesting 
rather than admitting) filed after the due date of the return, shall be 
treated as an amount shown by the taxpayer ``upon his return'' for 
purposes of computing the amount of a deficiency.

[[Page 175]]

    (b) For purposes of the definition, the income tax imposed by 
subtitle A and the income tax shown on the return shall both be 
determined without regard to the credit provided in section 31 for 
income tax withheld at the source and without regard to so much of the 
credit provided in section 32 for income taxes withheld at the source as 
exceeds 2 percent of the interest on tax-free covenant bonds described 
in section 1451. Payments on account of estimated income tax, like other 
payments of tax by the taxpayer, shall likewise be disregarded in the 
determination of a deficiency. Any credit resulting from the collection 
of amounts assessed under section 6851 or 6852 as the result of a 
termination assessment shall not be taken into account in determining a 
deficiency.
    (c) The computation by the Internal Revenue Service, pursuant to 
section 6014, of the income tax imposed by subtitle A shall be 
considered as having been made by the taxpayer and the tax so computed 
shall be considered as the tax shown by the taxpayer upon his return.
    (d) If so much of the credit claimed on the return for income taxes 
withheld at the source as exceeds 2 percent of the interest on tax-free 
convenant bonds is greater than the amount of such credit allowable, the 
unpaid portion of the tax attributable to such difference will be 
collected not as a deficiency but as an underpayment of the tax shown on 
the return.
    (e) This section may be illustrated by the following examples:

    Example 1. The amount of income tax shown by the taxpayer upon his 
return for the calendar year 1954 was $1,600. The taxpayer had no 
amounts previously assessed (or collected without assessment) as a 
deficiency. He claimed a credit in the amount of $2,050 for tax withheld 
at source on wages under section 3402, and a refund of $450 (not a 
rebate under section 6211) was made to him as an overpayment of tax for 
the taxable year. It is later determined that the correct tax for the 
taxable year is $1,850. A deficiency of $250 is determined as follows:

Tax imposed by subtitle A.............................   $1,850
Tax shown on return...................................   $1,600
Tax previously assessed (or collected without              None
 assessment) as a deficiency..........................
                                                       ---------
   Total..............................................    1,600
Amount of rebates made................................     None
                                                       ---------
Balance...............................................  .......   51,600
                                                                --------
Deficiency............................................  .......      250
 

    Example 2. The taxpayer made a return for the calendar year 1954 
showing a tax of $1,250 before any credits for tax withheld at the 
source. He claimed a credit in the amount of $800 for tax withheld at 
source on wages under section 3402 and $60 for tax paid at source under 
section 1451 upon interest on bonds containing a tax-free covenant. The 
taxpayer had no amounts previously assessed (or collected without 
assessment) as a deficiency. The district director determines that the 2 
percent tax paid at the source on tax-free covenant bonds is $40 instead 
of $60 as claimed by the taxpayer and that the tax imposed by subtitle A 
is $1,360 (total tax $1,400 less $40 paid at source on tax-free covenant 
bonds). A deficiency in the amount of $170 is determined as follows:

Tax imposed by subtitle A ($1,400 minus $40)...................   $1,360
Tax shown on return ($1,250 minus $60)................   $1,190
Tax previously assessed (or collected without              None
 assessment) as a deficiency..........................
                                                       ---------
   Total..............................................    1,190
Amount of rebates made................................     None
                                                       ---------
Balance...............................................  .......    1,190
                                                                --------
Deficiency............................................  .......      170
 

    (f) As used in section 6211, the term rebate means so much of an 
abatement, credit, refund, or other repayment as is made on the ground 
that the income tax imposed by subtitle A, the estate tax imposed by 
chapter 11, the gift tax imposed by chapter 12, or the excise tax 
imposed by chapter 41, 42, 43, or 44, is less than the excess of (1) the 
amount shown as the tax by the taxpayer upon the return increased by the 
amount previously assessed (or collected without assessment) as a 
deficiency over (2) the amount of rebates previously made. For example, 
assume that the amount of income tax shown by the taxpayer upon his 
return for the taxable year is $600 and the amount claimed as a credit 
under section 31 for income tax withheld at the source is $900. If the 
district director determines that the tax imposed by subtitle A is $600 
and makes a refund of $300, no part of such refund constitutes a 
``rebate'' since the refund is not made on the ground that the tax 
imposed by subtitle A is less than the tax shown on the return. If, 
however, the district director determines that the tax imposed by 
subtitle A is $500 and refunds $400, the amount of $100 of such refund

[[Page 176]]

would constitute a rebate since it is made on the ground that the tax 
imposed by subtitle A ($500) is less than the tax shown on the return 
($600). The amount of such rebate ($100) would be taken into account in 
arriving at the amount of any deficiency subsequently determined.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7102, 36 FR 5498, Mar. 
24, 1971; T.D. 7575, 43 FR 58817, Dec. 18, 1978; T.D. 7838, 47 FR 44249, 
Oct. 7, 1982; T.D. 8628, 60 FR 62212, Dec. 5, 1995]



Sec. 301.6212-1  Notice of deficiency.

    (a) General rule. If a district director or director of a service 
center (or regional director of appeals), determines that there is a 
deficiency in respect of income, estate, or gift tax imposed by subtitle 
A or B, or excise tax imposed by chapter 41, 42, 43, or 44, of the Code, 
such official is authorized to notify the taxpayer of the deficiency by 
either registered or certified mail.
    (b) Address for notice of deficiency--(1) Income, gift, and chapter 
41, 42, 43, and 44 taxes. Unless the district director for the district 
in which the return in question was filed has been notified under the 
provisions of section 6903 as to the existence of a fiduciary 
relationship, notice of a deficiency in respect of income tax, gift tax, 
or tax imposed by chapter 41, 42, 43, or 44 shall be sufficient if 
mailed to the taxpayer at his last known address, even though such 
taxpayer is deceased, or is under a legal disability, or, in the case of 
a corporation, has terminated its existence.
    (2) Joint income tax returns. If a joint income tax return has been 
filed by husband and wife, the district director (or assistant regional 
commissioner, appellate) may, unless the district director for the 
district in which such joint return was filed has been notified by 
either spouse that a separate residence has been established, send 
either a joint or separate notice of deficiency to the taxpayers at 
their last known address. If, however, the proper district director has 
been so notified, a separate notice of deficiency that is a duplicate 
original of the joint notice, must be sent by registered mail prior to 
September 3, 1958, and by either registered or certified mail on and 
after September 3, 1958, to each spouse at his or her last known 
address. The notice of separate residences should be addressed to the 
district director for the district in which the joint return was filed.
    (3) Estate tax. In the absence of notice, under the provisions of 
section 6903 as to the existence of a fiduciary relationship, to the 
district director for the district in which the estate tax return was 
filed, notice of a deficiency in respect of the estate tax imposed by 
chapter 11, subtitle B, of the Code shall be sufficient if addressed in 
the name of the decedent or other person subject to liability and mailed 
to his last known address.
    (c) Further deficiency letters restricted. If the district director 
or director of a service center (or regional director of appeals) mails 
to the taxpayer notice of a deficiency, and the taxpayer files a 
petition with the Tax Court within the prescribed period, no additional 
deficiency may be determined with respect to income tax for the same 
taxable year, gift tax for the same ``calendar period'' (as defined in 
Sec. 25.2502-1(c)(1)), estate tax with respect to the taxable estate of 
the same decedent, chapter 41, 43, or 44 tax of the taxpayer for the 
same taxable year, section 4940 tax for the same taxable year, or 
chapter 42 tax of the taxpayer (other than under section 4940) with 
respect to the same act (or failure to act) to which such petition 
relates. This restriction shall not apply in the case of fraud, 
assertion of deficiencies with respect to any qualified tax (as defined 
in paragraph (b) of Sec. 301.6361-4) in respect of which no deficiency 
was asserted for the taxable year in the notice, assertion of 
deficiencies with respect to the Federal tax when deficiencies with 
respect to only a qualified tax (and not the Federal tax) were asserted 
for the taxable year in the notice, assertion of greater deficiencies 
before the Tax Court as provided in section 6214(a), mathematical errors 
as provided in section 6213(b)(1), termination assessments in section 
6851 or 6852, or jeopardy assessments as provided in section 6861(c). 
Solely for purposes of applying the restriction of section 6212(c), a 
notice of deficiency with respect to second tier tax under chapter 43 
shall be deemed to be a notice of deficiency for the taxable year in 
which the taxable event occurs. See

[[Page 177]]

Sec. 53.4963-1(e)(7)(iii) or (iv) for the date on which the taxable 
event occurs.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7238, 37 FR 28739, Dec. 
29, 1972; T.D. 7579, 43 FR 59360, Dec. 20, 1978; T.D. 7838, 47 FR 44249, 
Oct. 7, 1982; T.D. 7910, 48 FR 40376, Sept. 7, 1983; T.D. 8084, 51 FR 
16305, May 2, 1986; T.D. 8628, 60 FR 62212, Dec. 5, 1995]



Sec. 301.6212-2  Definition of last known address.

    (a) General rule. Except as provided in paragraph (b)(2) of this 
section, a taxpayer's last known address is the address that appears on 
the taxpayer's most recently filed and properly processed Federal tax 
return, unless the Internal Revenue Service (IRS) is given clear and 
concise notification of a different address. Further information on what 
constitutes clear and concise notification of a different address and a 
properly processed Federal tax return can be found in Rev. Proc. 90-18 
(1990-1 C.B. 491) or in procedures subsequently prescribed by the 
Commissioner.
    (b) Address obtained from third party--(1) In general. Except as 
provided in paragraph (b)(2) of this section, change of address 
information that a taxpayer provides to a third party, such as a payor 
or another government agency, is not clear and concise notification of a 
different address for purposes of determining a last known address under 
this section.
    (2) Exception for address obtained from the United States Postal 
Service--(i) Updating taxpayer addresses. The IRS will update taxpayer 
addresses maintained in IRS records by referring to data accumulated and 
maintained in the United States Postal Service (USPS) National Change of 
Address database that retains change of address information for thirty-
six months (NCOA database). Except as provided in paragraph (b)(2)(ii) 
of this section, if the taxpayer's name and last known address in IRS 
records match the taxpayer's name and old mailing address contained in 
the NCOA database, the new address in the NCOA database is the 
taxpayer's last known address, unless the IRS is given clear and concise 
notification of a different address.
    (ii) Duration of address obtained from NCOA database. The address 
obtained from the NCOA database under paragraph (b)(2)(i) of this 
section is the taxpayer's last known address until one of the following 
events occurs--
    (A) The taxpayer files and the IRS properly processes a Federal tax 
return with an address different from the address obtained from the NCOA 
database; or
    (B) The taxpayer provides the Internal Revenue Service with clear 
and concise notification of a change of address, as defined in 
procedures prescribed by the Commissioner, that is different from the 
address obtained from the NCOA database.
    (3) Examples. The following examples illustrate the rules of 
paragraph (b)(2) of this section:

    Example 1. (i) A is an unmarried taxpayer. The address on A's 1999 
Form 1040, U.S. Individual Income Tax Return, filed on April 14, 2000, 
and 2000 Form 1040 filed on April 13, 2001, is 1234 Anyplace Street, 
Anytown, USA 43210. On May 15, 2001, A informs the USPS of a new 
permanent address (9876 Newplace Street, Newtown, USA 12345) using the 
USPS Form 3575, ``Official Mail Forwarding Change of Address Form.'' The 
change of address is included in the weekly update of the USPS NCOA 
database. On May 29, 2001, A's address maintained in IRS records is 
changed to 9876 Newplace Street, Newtown, USA 12345.
    (ii) In June 2001 the IRS determines a deficiency for A's 1999 tax 
year and prepares to issue a notice of deficiency. The IRS obtains A's 
address for the notice of deficiency from IRS records. On June 15, 2001, 
the Internal Revenue Service mails the notice of deficiency to A at 9876 
Newplace Street, Newtown, USA 12345. For purposes of section 6212(b), 
the notice of deficiency mailed on June 15, 2001, is mailed to A's last 
known address.
    Example 2. (i) The facts are the same as in Example 1, except that 
instead of determining a deficiency for A's 1999 tax year in June 2001, 
the IRS determines a deficiency for A's 1999 tax year in May 2001.
    (ii) On May 21, 2001, the IRS prepares a notice of deficiency for A 
and obtains A's address from IRS records. Because A did not inform the 
USPS of the change of address in sufficient time for the IRS to process 
and post the new address in Internal Revenue Service's records by May 
21, 2001, the notice of deficiency is mailed to 1234 Anyplace Street, 
Anytown, USA 43210. For purposes of section 6212(b), the notice of 
deficiency mailed on May 21, 2001, is mailed to A's last known address.
    Example 3. (i) C and D are married taxpayers. The address on C and 
D's 2000 Form 1040, U.S. Individual Income Tax Return,

[[Page 178]]

filed on April 13, 2001, and 2001 Form 1040 filed on April 15, 2002, is 
2468 Spring Street, Little City, USA 97531. On August 15, 2002, D 
informs the USPS of a new permanent address (8642 Peachtree Street, Big 
City, USA 13579) using the USPS Form 3575, ``Official Mail Forwarding 
Change of Address Form.'' The change of address is included in the 
weekly update of the USPS NCOA database. On August 29, 2002, D's address 
maintained in IRS records is changed to 8642 Peachtree Street, Big City, 
USA 13579.
    (ii) In October 2002 the IRS determines a deficiency for C and D's 
2000 tax year and prepares to issue a notice of deficiency. The Internal 
Revenue Service obtains C's address and D's address for the notice of 
deficiency from IRS records. On October 15, 2002, the IRS mails a copy 
of the notice of deficiency to C at 2468 Spring Street, Little City, USA 
97531, and to D at 8642 Peachtree Street, Big City, USA 13579. For 
purposes of section 6212(b), the notices of deficiency mailed on October 
15, 2002, are mailed to C and D's respective last known addresses.

    (c) Last known address for all notices, statements, and documents. 
The rules in paragraphs (a) and (b) of this section apply for purposes 
of determining whether all notices, statements, or other documents are 
mailed to a taxpayer's last known address whenever the term last known 
address is used in the Internal Revenue Code or the regulations 
thereunder.
    (d) Effective Date--(1) In general. Except as provided in paragraph 
(d)(2) of this section, this section is effective on January 29, 2001.
    (2) Individual moves in the case of joint filers. In the case of 
taxpayers who file joint returns under section 6013, if the NCOA 
database contains change of address information for only one spouse, 
paragraphs (b)(2) and (3) of this section will not apply to notices, 
statements, and other documents mailed before the processing of the 
taxpayers' 2000 joint return.

[T.D. 8939, 66 FR 2820, Jan. 12, 2001]



Sec. 301.6213-1  Restrictions applicable to deficiencies; petition to Tax Court.

    (a) Time for filing petition and restrictions on assessment--(1) 
Time for filing petition. Within 90 days after notice of the deficiency 
is mailed (or within 150 days after mailing in the case of such notice 
addressed to a person outside the States of the Union and the District 
of Columbia), as provided in section 6212, a petition may be filed with 
the Tax Court of the United States for a redetermination of the 
deficiency. In determining such 90-day or 150-day period, Saturday, 
Sunday, or a legal holiday in the District of Columbia is not counted as 
the 90th or 150th day. In determining the time for filing a petition 
with the Tax Court in the case of a notice of deficiency mailed to a 
resident of Alaska prior to 12:01 p.m., e.s.t., January 3, 1959, and in 
the case of a notice of deficiency mailed to a resident of Hawaii prior 
to 4 p.m., e.d.s.t., August 21, 1959, the term ``States of the Union'' 
does not include Alaska or Hawaii, respectively, and the 150-day period 
applies. In determining the time within which a petition to the Tax 
Court may be filed in the case of a notice of deficiency mailed to a 
resident of Alaska after 12:01 p.m., e.s.t., January 3, 1959, and in the 
case of a notice of deficiency mailed to a resident of Hawaii after 4 
p.m., e.d.s.t., August 21, 1959, the term ``States of the Union'' 
includes Alaska and Hawaii, respectively, and the 90-day period applies.
    (2) Restrictions on assessment. Except as otherwise provided by this 
section, by sections 6851, 6852, and 6861(a) (relating to termination 
and jeopardy assessments), by section 6871(a) (relating to immediate 
assessment of claims for income, estate, and gift taxes in bankruptcy 
and receivership cases), or by section 7485 (in case taxpayer petitions 
for a review of a Tax Court decision without filing bond), no assessment 
of a deficiency in respect of a tax imposed by subtitle A or B or 
chapter 41, 42, 43, or 44 of the Code and no levy or proceeding in court 
for its collection shall be made until notice of deficiency has been 
mailed to the taxpayer, nor until the expiration of the 90-day or 150-
day period within which a petition may be filed with the Tax Court, nor, 
if a petition has been filed with the Tax Court, until the decision of 
the Tax Court has become final. As to the date on which a decision of 
the Tax court becomes final, see section 7481. Notwithstanding the 
provisions of section 7421(a), the making of an assessment or the 
beginning of a proceeding or levy which is forbidden by this paragraph 
may be enjoined by a proceeding in the proper court. In any case where 
the running of

[[Page 179]]

the time prescribed for filing a petition in the Tax Court with respect 
to a tax imposed by chapter 42 or 43 is suspended under section 6213(e), 
no assessment of a deficiency in respect of such tax shall be made until 
expiration of the entire period for filing the petition.
    (b) Exceptions to restrictions on assessment of deficiencies--(1) 
Mathematical errors. If a taxpayer is notified of an additional amount 
of tax due on account of a mathematical error appearing upon the return, 
such notice is not deemed a notice of deficiency, and the taxpayer has 
no right to file a petition with the Tax Court upon the basis of such 
notice, nor is the assessment of such additional amount prohibited by 
section 6213(a).
    (2) Tentative carryback adjustments. (i) If the district director or 
the director of the regional service center determines that any amount 
applied, credited, or refunded under section 6411(b) with respect to an 
application for a tentative carryback adjustment is in excess of the 
overassessment properly attributable to the carryback upon which such 
application was based, the district director or the director of the 
regional service center may assess the amount of the excess as a 
deficiency as if such deficiency were due to a mathematical error 
appearing on the return. That is, the district director or the director 
of the regional service center may assess an amount equal to the excess, 
and such amount may be collected, without regard to the restrictions on 
assessment and collection imposed by section 6213(a). Thus, the district 
director or the director of the regional service center may assess such 
amount without regard to whether the taxpayer has been mailed a prior 
notice of deficiency. Either before or after assessing such an amount, 
the district director or the director of the regional service center 
will notify the taxpayer that such assessment has been or will be made. 
Such notice will not constitute a notice of deficiency, and the taxpayer 
may not file a petition with the Tax Court of the United States based on 
such notice. However, the taxpayer, within the applicable period of 
limitation, may file a regular claim for credit or refund based on the 
carryback, if he has not already filed such a claim, and may maintain a 
suit based on such claim if it is disallowed or if it is not acted upon 
by the Internal Revenue Service within 6 months from the date the claim 
was filed.
    (ii) The method provided in subdivision (i) of this subparagraph to 
recover any amount applied, credited, or refunded in respect of an 
application for a tentative carryback adjustment which should not have 
been so applied, credited, or refunded is not an exclusive method. Two 
other methods are available to recover such amount: (a) By way of a 
deficiency notice under section 6212; or (b) by a suit to recover an 
erroneous refund under section 7405. Any one or more of the three 
available methods may be used to recover any amount which was improperly 
applied, credited, or refunded in respect of an application for a 
tentative carryback adjustment.
    (3) Assessment of amount paid. Any payment made after the mailing of 
a notice of deficiency which is made by the taxpayer as a payment with 
respect to the proposed deficiency may be assessed without regard to the 
restrictions on assessment and collection imposed by section 6213(a) 
even though the taxpayer has not filed a waiver of restrictions on 
assessment as provided in section 6213(d). A payment of all or part of 
the deficiency asserted in the notice together with the assessment of 
the amount so paid will not affect the jurisdiction of the Tax Court. If 
any payment is made before the mailing of a notice of deficiency, the 
district director or the director of the regional service center is not 
prohibited by section 6213(a) from assessing such amount, and such 
amount may be assessed if such action is deemed to be proper. If such 
amount is assessed, the assessment is taken into account in determining 
whether or not there is a deficiency for which a notice of deficiency 
must be issued. Thus, if such a payment satisfies the taxpayer's tax 
liability, no notice of deficiency will be mailed and the Tax Court will 
have no jurisdiction over the matter. In any case in which there is a 
controversy as to the correct amount of the tax liability, the 
assessment of any amount pursuant to the provisions of section 
6213(b)(3) shall in no way be considered

[[Page 180]]

to be the acceptance of an offer by the taxpayer to settle such 
controversy.
    (4) Jeopardy. If the district director believes that the assessment 
or collection of a deficiency will be jeopardized by delay, such 
deficiency shall be assessed immediately, as provided in section 
6861(a).
    (c) Failure to file petition. If no petition is filed with the Tax 
Court within the period prescribed in section 6213(a), the district 
director or the director of the regional service center shall assess the 
amount determined as the deficiency and of which the taxpayer was 
notified by registered or certified mail and the taxpayer shall pay the 
same upon notice and demand therefor. In such case the district director 
will not be precluded from determining a further deficiency and 
notifying the taxpayer thereof by registered or certified mail. If a 
petition is filed with the Tax Court the taxpayer should notify the 
district director who issued the notice of deficiency that the petition 
has been filed in order to prevent an assessment of the amount 
determined to be the deficiency.
    (d) Waiver of restrictions. The taxpayer may at any time by a signed 
notice in writing filed with the district director waive the 
restrictions on the assessment and collection of the whole or any part 
of the deficiency. The notice must in all cases be filed with the 
district director or other authorized official under whose jurisdiction 
the audit or other consideration of the return in question is being 
conducted. The filing of such notice with the Tax Court does not 
constitute filing with the district director within the meaning of the 
Code. After such waiver has been acted upon by the district director and 
the assessment has been made in accordance with its terms, the waiver 
cannot be withdrawn.
    (e) Suspension of filing period for certain chapter 42 and chapter 
43 taxes. The period prescribed by section 6213(a) for filing a petition 
in the Tax Court with respect to the taxes imposed by section 4941,4942, 
4943, 4944, 4945, 4951, 4952, 4955, 4958, 4971, or 4975, shall be 
suspended for any other period which the Commissioner has allowed for 
making correction under Sec. 53.4963-1(e)(3). Where the time for filing 
a petition with the Tax Court has been suspended under the authority of 
this paragraph (e), the extension shall not be reduced as a result of 
the correction being made prior to expiration of the period allowed for 
making correction.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7838, 47 FR 44250, Oct. 
7, 1982; T.D. 8084, 51 FR 16035, May 2, 1986; T.D. 8628, 60 FR 62212, 
Dec. 5, 1995; T.D. 8920, 66 FR 2171, Jan. 10, 2001]



Sec. 301.6215-1  Assessment of deficiency found by Tax Court.

    Where a petition has been filed with the Tax Court, the entire 
amount redetermined as the deficiency by the decision of the Tax Court 
which has become final shall be assessed by the district director or the 
director of the regional service center and the unpaid portion of the 
amount so assessed shall be paid by the taxpayer upon notice and demand 
therefor.



Sec. 301.6221-1  Tax treatment determined at partnership level.

    (a) In general. A partner's treatment of partnership items on the 
partner's return may not be changed except as provided in sections 6222 
through 6231 and the regulations thereunder. Thus, for example, if a 
partner treats an item on the partner's return consistently with the 
treatment of the item on the partnership return, the IRS generally 
cannot adjust the treatment of that item on the partner's return except 
through a partnership-level proceeding. Similarly, the taxpayer may not 
put partnership items in issue in a proceeding relating to 
nonpartnership items. For example, the taxpayer may not offset a 
potential increase in taxable income based on changes to nonpartnership 
items by a potential decrease based on partnership items.
    (b) Restrictions inapplicable after items become nonpartnership 
items. Section 6221 and paragraph (a) of this section cease to apply to 
items arising from a partnership with respect to a partner when those 
items cease to be partnership items with respect to that partner under 
section 6231(b).
    (c) Penalties determined at partnership level. Any penalty, addition 
to tax, or additional amount that relates to an adjustment to a 
partnership item shall be determined at the partnership level.

[[Page 181]]

Partner-level defenses to such items can only be asserted through refund 
actions following assessment and payment. Assessment of any penalty, 
addition to tax, or additional amount that relates to an adjustment to a 
partnership item shall be made based on partnership-level 
determinations. Partnership-level determinations include all the legal 
and factual determinations that underlie the determination of any 
penalty, addition to tax, or additional amount, other than partner-level 
defenses specified in paragraph (d) of this section.
    (d) Partner-level defenses. Partner-level defenses to any penalty, 
addition to tax, or additional amount that relates to an adjustment to a 
partnership item may not be asserted in the partnership-level 
proceeding, but may be asserted through separate refund actions 
following assessment and payment. See section 6230(c)(4). Partner-level 
defenses are limited to those that are personal to the partner or are 
dependent upon the partner's separate return and cannot be determined at 
the partnership level. Examples of these determinations are whether any 
applicable threshold underpayment of tax has been met with respect to 
the partner or whether the partner has met the criteria of section 
6664(b) (penalties applicable only where return is filed), or section 
6664(c)(1) (reasonable cause exception) subject to partnership-level 
determinations as to the applicability of section 6664(c)(2).
    (e) Cross-references. See Sec. Sec. 301.6231(c)-1 and 301.6231(c)-2 
for special rules relating to certain applications and claims for refund 
based on losses, deductions, or credits from abusive tax shelter 
partnerships.
    (f) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6221-1T contained in 26 CFR part 
1, revised April 1, 2001.

[T.D. 8965, 66 FR 50544, Oct. 4, 2001]



Sec. 301.6222(a)-1  Consistent treatment of partnership items.

    (a) In general. The treatment of a partnership item on the partner's 
return must be consistent with the treatment of that item by the 
partnership on the partnership return in all respects including the 
amount, timing, and characterization of the item.
    (b) Treatment must be consistent with partnership return. The 
treatment of a partnership item on the partner's return must be 
consistent with the treatment of that item on the partnership return. 
Thus, a partner who treats an item consistently with a schedule or other 
information furnished to the partner by the partnership has not 
satisfied the requirement of paragraph (a) of this section if the 
treatment of that item is inconsistent with the treatment of the item on 
the partnership return actually filed. For rules relating to the 
election to be treated as having reported the inconsistency where the 
partner treats an item consistently with an incorrect schedule, see 
Sec. 301.6222(b)-3.
    (c) Examples. The following examples illustrate the principles of 
this section:

    Example 1. B is a partner of Partnership P. Both B and P use the 
calendar year as the taxable year. In December 2001, P receives an 
advance payment for services to be performed in 2002 and reports this 
amount as income for calendar year 2001. However, B reports B's 
distributive share of this amount on B's income tax return for 2002 and 
not on B's return for 2001. B's treatment of this partnership item is 
inconsistent with the treatment of the item by P.
    Example 2. Partnership P incurred certain start-up costs before P 
was actively engaged in its business. P capitalized these costs. C, a 
partner in P, deducted C's proportionate share of these start-up costs. 
C's treatment of the partnership expenditure is inconsistent with the 
treatment of that item by P.
    Example 3. D is a partner in partnership P. P reports a loss of 
$100,000 on its return, $5,000 of which it reports on the Schedule K-1 
attached to its return as D's distributive share. However, P reports 
$15,000 as D's distributive share of P's loss on the Schedule K-1 
furnished to D. D reports the $15,000 loss on D's income tax return. D 
has not satisfied the consistent reporting requirement. See, however, 
Sec. 301.6222(b)-3 for an election to be treated as having reported the 
inconsistency.

    (d) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001.
    For years beginning prior to October 4, 2001, see Sec. 301.6222(a)-
1T contained in 26 CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50545, Oct. 4, 2001]

[[Page 182]]



Sec. 301.6222(a)-2  Application of consistent reporting and notification rules to indirect partners.

    (a) In general. The consistent reporting requirement of Sec. 
301.6222(a)-1 is generally applied with respect to the source 
partnership. For purposes of this section, the term source partnership 
means the partnership (within the meaning of section 6231(a)(1)) from 
which the partnership item originates.
    (b) Indirect partner files consistently with source partnership. An 
indirect partner who treats an item from a source partnership in a 
manner consistent with the treatment of that item on the source 
partnership's return satisfies the consistency requirement of section 
6222(a) regardless of whether the indirect partner treats that item in a 
manner consistent with the treatment of that item by the pass-thru 
partner through which the indirect partner holds the interest in the 
source partnership. Under these circumstances, therefore, the Internal 
Revenue Service shall not send to the indirect partner the notice 
described in section 6231(b)(1)(A).
    (c) Indirect partner files inconsistently with source partnership--
(1) Indirect partner notifies the Internal Revenue Service of 
inconsistency. An indirect partner who--
    (i) Treats an item from a source partnership in a manner 
inconsistent with the treatment of that item on the source partnership's 
return; and
    (ii) Files a statement identifying the inconsistency with the source 
partnership in accordance with Sec. 301.6222(c)-1, shall not be subject 
to a computational adjustment to conform the treatment of that item to 
the treatment of that item on the return of the source partnership.
    (2) Indirect partner does not notify the Internal Revenue Service of 
inconsistency. Except as provided in paragraph (b)(3) of this section, 
an indirect partner who--
    (i) Treats an item from a source partnership in a manner 
inconsistent with the treatment of that item on the source partnership's 
return; and
    (ii) Fails to file a statement identifying the inconsistency with 
the source partnership in accordance with Sec. 301.6222(b)-1, is 
subject to a computational adjustment to conform the treatment of that 
item to the treatment of that item on the return of the source 
partnership.
    (3) Indirect partner files consistently with a pass-thru partner 
that notifies the Internal Revenue Service of the inconsistency. If an 
indirect partner treats an item from a source partnership in a manner 
consistent with the treatment of that item by a pass-thru partner 
through which the indirect partner holds the interest in the source 
partnership and that pass-thru partner--
    (i) Treats that item in a manner inconsistent with the treatment of 
that item on the source partnership's return; and
    (ii) Files a statement identifying the inconsistency with the source 
partnership in accordance with Sec. 301.6222(b)-1, the indirect partner 
is not subject to a computational adjustment to conform to the treatment 
of that item on the return of the source partnership.
    (d) Examples. The following examples illustrate the principles of 
this section:

    Example 1. One of the partners in Partnership A is Partnership B, 
which has four equal partners C, D, E, and F. Both A and B are 
partnerships within the meaning of section 6231(a)(1). On its return, A 
reports $100,000 as B's distributive share of A's ordinary income. B, 
however, reports only $80,000 as its distributive share of the income 
and does not notify the Internal Revenue Service of this inconsistent 
treatment with respect to A. C reports $20,000 as its distributive share 
of the item. Although C reports the item consistently with B, C is 
subject to a computational adjustment to conform the treatment of that 
item on C's return to the treatment of that item on A's return.
    Example 2. Assume the same facts as in Example 1, except that B 
notified the Internal Revenue Service of its inconsistent treatment with 
respect to source partnership A. C is not subject to a computational 
adjustment.
    Example 3. Assume the same facts as in Example 1. D reports only 
$15,000 as D's distributive share of the income and does not report the 
inconsistency. F reports only $9,000 as its distributive share of the 
item but reports this inconsistency with respect to source partnership 
A. D is subject to a computational adjustment to conform the treatment 
of that item on D's return to the treatment of that item on A's return. 
F is not subject to a computational adjustment.
    Example 4. Assume the same facts as in Example 3, except that F 
reported the inconsistency with respect to B and did not report the

[[Page 183]]

inconsistency with respect to source partnership A. F is subject to a 
computational adjustment to conform the treatment of that item on F's 
return to the treatment of that item on A's return.
    Example 5. Assume the same facts as in Example 1. E reports $25,000 
as its distributive share of the item. Regardless of whether E reports 
the inconsistency between its treatment of the item and that by B, E is 
neither subject to a computational adjustment to conform E's treatment 
of that item to that of B nor subject to the notice described in section 
6231(b)(1)(A) with respect to any such notification of inconsistent 
treatment.

    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6222(a)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50545, Oct. 4, 2001]



Sec. 301.6222(b)-1  Notification to the Internal Revenue Service when 

partnership items are treated inconsistently.

    (a) In general. The statement identifying an inconsistency described 
in section 6222(b)(1)(B) shall be filed by filing the form prescribed 
for that purpose in accordance with the instructions accompanying that 
form.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6222(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50546, Oct. 4, 2001]



Sec. 301.6222(b)-2  Effect of notification of inconsistent treatment.

    (a) In general. Generally, if a partner treats a partnership item on 
the partner's return in a manner inconsistent with the treatment of that 
item on the partnership return, the Internal Revenue Service may make a 
computational adjustment to conform the treatment of the item by the 
partner with the treatment of that item on the partnership return. Any 
additional tax resulting from that computational adjustment may be 
assessed without either the commencement of a partnership proceeding or 
notification to the partner that all partnership items arising from that 
partnership will be treated as nonpartnership items. However, if a 
partner notifies the Internal Revenue Service of the inconsistent 
treatment of a partnership item in the manner prescribed in Sec. 
301.6222(b)-1, the Internal Revenue Service generally may not make an 
adjustment with respect to that partnership item unless the Internal 
Revenue Service--
    (1) Conducts a partnership-level proceeding; or
    (2) Notifies the partner under section 6231(b)(1)(A) that all 
partnership items arising from that partnership will be treated as 
nonpartnership items. See, however, Sec. Sec. 301.6231(c)-1 and 
301.6231(c)-2 for special rules relating to certain applications and 
claims for refund based on losses, deductions, or credits from abusive 
tax shelter partnerships.
    (b) Partner protected only to extent of notification. (1) A partner 
who reports the inconsistent treatment of partnership items on the 
partner's return is protected from computational adjustments under 
section 6222(c) only with respect to those partnership items the 
inconsistent treatment of which is reported. Thus, if a partner 
notifying the Internal Revenue Service with respect to one item fails to 
report the inconsistent treatment of another item, the partner is 
subject to a computational adjustment with respect to that other item.
    (2) The following example illustrates the principles of this 
paragraph (b):

    Example. Partner A of Partnership P treats a deduction and a capital 
gain arising from P on A's return in a manner that is inconsistent with 
the treatment of those items by P. A reports the inconsistent treatment 
of the deduction but not of the gain. A is subject to a computational 
adjustment under section 6222(c) with respect to the gain.

    (c) Adjustments in a separate proceeding not limited to conforming 
adjustments. (1) If the Internal Revenue Service conducts a separate 
proceeding with a partner whose partnership items are treated as 
nonpartnership items under section 6231(b), the Internal Revenue Service 
is not limited to making adjustments that merely conform the partner's 
return to the partnership return.
    (2) Example. The following example illustrates the principles of 
this paragraph (c):


[[Page 184]]


    Example. Partnership P allocates to E, one of its partners, a loss 
of $8,000. E, however, claims a loss of $9,000 and reports the 
inconsistent treatment. The Internal Revenue Service notifies E that it 
will treat all of E's partnership items arising from P as nonpartnership 
items. As a result of a separate proceeding with E, the Internal Revenue 
Service may issue a deficiency notice which could include reducing the 
loss to $3,000.

    (d) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6222(b)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50546, Oct. 4, 2001]



Sec. 301.6222(b)-3  Partner receiving incorrect schedule.

    (a) In general. A partner shall be treated as having complied with 
section 6222(b)(1)(B) and Sec. 301.6222(b)-1 with respect to a 
partnership item if the partner--
    (1) Demonstrates that the treatment of the partnership item on the 
partner's return is consistent with the treatment of that item on the 
schedule prescribed by the Internal Revenue Service and furnished to the 
partner by the partnership showing the partner's share of income, 
credits, deductions, etc.; and
    (2) Elects in accordance with the rules prescribed in paragraph (b) 
of this section to have this section apply with respect to that item.
    (b) Election provisions--(1) Time and manner of making election. The 
election described in paragraph (a) of this section shall be made by 
filing a statement with the Internal Revenue Service office issuing the 
notice of computational adjustment within 30 days after the notice is 
mailed to the partner.
    (2) Contents of statement. The statement described in paragraph 
(b)(1) of this section shall be--
    (i) Clearly identified as an election under section 6222(b)(2);
    (ii) Signed by the partner making the election; and
    (iii) Accompanied by copies of the schedule furnished to the partner 
by the partnership and of the notice of computational adjustment. The 
partner need not enclose a copy of the notice of computational 
adjustment, however, if the partner clearly identifies the notice of 
computational adjustment. Generally, the requirement described in 
paragraph (a)(1) of this section will be satisfied by attaching to the 
statement a copy of the schedule furnished to the partner by the 
partnership. However, if it is not clear from the information contained 
on the schedule that the treatment of the partnership item on the 
schedule is consistent with the partner's treatment of such item on the 
partner's return the statement shall also include an explanation of how 
the treatment of such item on the schedule is consistent with the 
treatment on the partner's return with respect to the characterization, 
timing, and amount of such item.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6222(b)-3T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50546, Oct. 4, 2001]



Sec. 301.6223(a)-1  Notice sent to tax matters partner.

    (a) In general. For purposes of subchapter C of chapter 63 of the 
Internal Revenue Code, a notice is treated as mailed to the tax matters 
partner on the earlier of--
    (1) The date on which the notice is mailed to ``THE TAX MATTERS 
PARTNER'' at the address of the partnership (as provided on the 
partnership return, except as updated under Sec. 301.6223(c)-1); or
    (2) The date on which the notice is mailed to the person who is the 
tax matters partner at the address of that person (as provided on the 
partner's return, except as updated under Sec. 301.6223(c)-1) or the 
partnership. See Sec. 301.6223(c)-1 for rules relating to the 
information used by the Internal Revenue Service in providing notices, 
etc.
    (b) Example. The provisions of this section may be illustrated by 
the following example:

    Example. Partnership P designates B as its tax matters partner in 
accordance with Sec. 301.6231(a)(7)-1(b). On December 1 a notice of the 
beginning of an administrative proceeding is mailed to ``THE TAX MATTERS 
PARTNER'' at the address of P. On January

[[Page 185]]

10, a copy of the notice is mailed to B at B's address. December 1 is 
treated as the date that the notice was mailed to the tax matters 
partner.

    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(a)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50547, Oct. 4, 2001]



Sec. 301.6223(a)-2  Withdrawal of notice of the beginning of an administrative proceeding.

    (a) In general. If the Internal Revenue Service, within 45 days 
after the day on which the notice specified in section 6223(a)(1) is 
mailed to the tax matters partner, decides not to propose any 
adjustments to the partnership return as filed, the Internal Revenue 
Service may withdraw the notice specified in section 6223(a)(1) by 
mailing a letter to that effect to the tax matters partner within that 
45-day period. Even if the Internal Revenue Service does not withdraw 
the notice specified in section 6223(a)(1), the Internal Revenue Service 
is not required to issue a notice of final partnership administrative 
adjustment. If the Internal Revenue Service withdraws the notice 
specified in section 6223(a)(1), neither the Internal Revenue Service 
nor the tax matters partner is required to furnish any notice with 
respect to that proceeding to any other partner. Except as provided in 
paragraph (b) of this section, a notice specified in section 6223(a)(1) 
which has been withdrawn shall be treated for purposes of subchapter C 
of chapter 63 of the Internal Revenue Code as if that notice had never 
been mailed to the tax matters partner.
    (b) Internal Revenue Service may not reissue notice except under 
certain circumstances. If the notice specified in section 6223(a)(1) was 
mailed to the tax matters partner with respect to a partnership taxable 
year and that notice was later withdrawn as provided in paragraph (a) of 
this section, the Internal Revenue Service shall not mail a second 
notice specified in section 6223(a)(1) with respect to that taxable year 
unless--
    (1) There is evidence of fraud, malfeasance, collusion, concealment, 
or misrepresentation of a material fact;
    (2) The prior proceeding involved the misapplication or erroneous 
interpretation of an established Internal Revenue Service position 
existing at the time of the previous examination, or the failure to make 
an adjustment based on such a position; or
    (3) Other circumstances exist which indicate that failure to reissue 
the notice would be a serious administrative omission.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(a)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50547, Oct. 4, 2001]



Sec. 301.6223(b)-1  Notice group.

    (a) In general. If a group of partners having in the aggregate a 5 
percent or more interest in the profits of a partnership requests and 
designates one of their members to receive the notices described in 
section 6223(a)(1) and (2), the member so designated shall be treated as 
a partner to whom section 6223(a) applies. Thus, the designated 
representative is entitled to receive any notice described in section 
6223(a) that is mailed to the tax matters partner 30 days or more after 
the day on which the Internal Revenue Service receives the request from 
the group.
    (b) Request for notice--(1) In general. The Internal Revenue Service 
shall mail to the member of the notice group designated to receive such 
notice any notice described in section 6223(a) that is mailed to the tax 
matters partner 30 days or more after the day on which the Internal 
Revenue Service receives the request for notice from the group if such 
request for notice is made in accordance with the rules prescribed in 
this paragraph (b).
    (2) Content of request. The request for notice from a notice group 
shall--
    (i) Identify the partnership by name, address, and taxpayer 
identification number;
    (ii) Specify the taxable year or years for which the notice group is 
formed;
    (iii) Designate the member of the group to receive the notices;

[[Page 186]]

    (iv) Set out the name, address, taxpayer identification number, and 
profits interest of each member of the group; and
    (v) Be signed by all partners comprising the notice group.
    (3) Place for filing. The request for notice from a notice group 
generally must be filed with the service center where the partnership 
return is filed. However, if the notice group representative knows that 
the notice described in section 6223(a)(1) (beginning of an 
administrative proceeding) has already been mailed to the tax matters 
partner, the statement should be filed with the Internal Revenue Service 
office that mailed that notice.
    (4) Copy to be sent to the tax matters partner. A copy of the 
request for notice from a notice group shall be provided to the tax 
matters partner by the notice group representative within 30 days after 
the request is filed with the Internal Revenue Service.
    (5) Years covered by request. A request for notice by a notice group 
may relate only to partnership taxable years that have ended before the 
request is filed. A request, however, may relate to more than one 
partnership taxable year if the 5 percent or more profits interest 
requirement of section 6223(b)(2) is satisfied for each year to which 
the request relates.
    (c) Composition of notice group--(1) In general. A notice group 
shall be comprised only of persons who were partners at some time during 
the partnership taxable year for which the group is formed. If a notice 
group is formed for more than one taxable year, each member of the group 
must have been a partner at some time during at least one of the taxable 
years for which the group is formed. A notice group may include a 
partner entitled to separate notice. See section 6231(d) and Sec. 
301.6231(d)-1 for rules relating to determining the interest of a 
partner in the profits of a partnership for a partnership taxable year 
for purposes of section 6223(b). See paragraph (c)(6) of this section 
for rules relating to indirect and pass-thru partners.
    (2) Partner may be a member of only one group. A partner cannot be a 
member of more than one notice group with respect to the same 
partnership for the same partnership taxable year. See paragraph (c)(6) 
of this section for rules relating to indirect and pass-thru partners.
    (3) Partner may join group after formation. A partner may join a 
notice group at any time after the formation of that group by filing 
with the Internal Revenue Service office where the notice group filed 
its request a statement that it is joining the notice group. The 
statement shall identify the partner joining the notice group, the 
partnership, and the members of the notice group by name, address, and 
taxpayer identification number and shall be signed by the joining 
partner. A copy of the statement shall be provided by the joining 
partner to both the tax matters partner and the notice group 
representative within 30 days after the request is filed with the 
Internal Revenue Service. The partner shall become a member of the 
notice group for each partnership taxable year for which the group was 
formed and for which the partner was a partner at any time during such 
partnership taxable year.
    (4) Date on which a partner becomes a member of notice group. A 
partner shall become a member of a notice group on the 30th day after 
the day on which the Internal Revenue Service receives--
    (i) A request for notice from a notice group that identifies that 
partner as a member of that notice group; or
    (ii) A statement filed in accordance with paragraph (c)(3) of this 
section that states that the partner is joining the notice group.
    (5) No withdrawal from notice group. A partner who has signed a 
notice group request filed with the Internal Revenue Service remains a 
member of that notice group until the group terminates. A partner cannot 
withdraw from the notice group.
    (6) Indirect and pass-thru partners--(i) Pass-thru partners and 
unidentified indirect partners. A pass-thru partner may become a member 
of a notice group as provided in this section. For purposes of applying 
the aggregate interest requirement specified in paragraph (a) of this 
section to a pass-thru partner, the partnership interest held by the 
pass-thru partner shall not include any interest held through the pass-
thru partner by an indirect partner that has

[[Page 187]]

been identified as provided in section 6223(c)(3) and Sec. 301.6223(c)-
1 before the date on which the pass-thru partner becomes a member of the 
notice group.
    (ii) Indirect partners identified before the pass-thru partner joins 
a notice group. An indirect partner may become a member of a notice 
group with respect to a partnership taxable year only if--
    (A) The indirect partner held an interest in the partnership (either 
directly or through one or more pass-thru partners) at some time during 
that taxable year; and
    (B) The indirect partner was identified as provided in section 
6223(c)(3) and Sec. 301.6223(c)-1 on or before the date on which the 
pass-thru partner became a member of a notice group.
    (d) Termination of notice group. Unless the original request for 
notice from the notice group or a subsequent statement filed by the 
representative (in accordance with paragraphs (b)(3) and (4) of this 
section) designates a successor to the designated group representative, 
the group terminates if the representative dies (or, in the case of an 
entity, if the entity is dissolved), resigns, or is adjudicated 
incompetent.
    (e) Notice group is not a 5-percent group. The forming of a notice 
group under this section does not constitute the forming of a 5-percent 
group for purposes of litigation. A notice group is formed solely for 
the purpose of receiving notices. A 5-percent group is formed solely for 
the purpose of filing a petition for judicial review or appealing a 
judicial determination. See Sec. 301.6226(b)-1. Thus, a member of a 
notice group may choose not to join a 5-percent group formed by other 
members of the notice group.
    (f) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50547, Oct. 4, 2001]



Sec. 301.6223(c)-1  Additional information regarding partners furnished to the Internal Revenue Service.

    (a) In general. In addition to the names, addresses, and profits 
interests as shown on the partnership return, the Internal Revenue 
Service will use additional information as provided in this section for 
purposes of administering subchapter C of chapter 63 of the Internal 
Revenue Code.
    (b) Procedure for furnishing additional information--(1) In general. 
Any person may furnish additional information at any time by filing a 
written statement with the Internal Revenue Service. However, the 
information contained in the statement will be considered for purposes 
of determining whether a partner is entitled to a notice described in 
section 6223(a) only if the Internal Revenue Service receives the 
statement at least 30 days before the date on which the Internal Revenue 
Service mails the notice to the tax matters partner. Similarly, 
information contained in the statement generally will not be taken into 
account for other purposes by the Internal Revenue Service until 30 days 
after the statement is received.
    (2) Where statement must be filed. A statement furnished under this 
section generally must be filed with the service center where the 
partnership return is filed. However, if the person filing the statement 
knows that the notice described in section 6223(a)(1) (beginning of an 
administrative proceeding) has already been mailed to the tax matters 
partner, the statement should be filed with the Internal Revenue Service 
office that mailed such notice.
    (3) Contents of statement. The statement shall--
    (i) Identify the partnership, each partner for whom information is 
supplied, and the person supplying the information by name, address, and 
taxpayer identification number;
    (ii) Explain that the statement is furnished to correct or 
supplement earlier information with respect to the partners in the 
partnership;
    (iii) Specify the taxable year to which the information relates;
    (iv) Set out the corrected or additional information; and
    (v) Be signed by the person supplying the information.
    (c) No incorporation by reference to previously furnished documents. 
Incorporation by reference of information contained in another document 
previously furnished to the Internal Revenue

[[Page 188]]

Service will not be given effect for purposes of section 6223(c) or 
6229(e). For example, reference to a return filed by a pass-thru partner 
which contains identifying information with respect to the indirect 
partners of that pass-thru partner is not sufficient to identify the 
indirect partners unless a copy of the document referred to is attached 
to the statement. Furthermore, reference to a prior general notification 
to the Internal Revenue Service that a partner who would otherwise be 
the tax matters partner is a debtor in a bankruptcy proceeding or has 
had a receiver appointed for the partner in a receivership proceeding is 
not sufficient unless a copy of the notification document referred to is 
attached to the statement.
    (d) Information supplied by a person other than the tax matters 
partner. The Internal Revenue Service may require appropriate 
verification in the case of information furnished by a person other than 
the tax matters partner. The 30-day period referred to in paragraph 
(b)(1) of this section shall not begin until that verification is 
supplied.
    (e) Power of attorney--(1) In general. This paragraph (e) applies to 
powers of attorney with respect to proceedings under subchapter C of 
chapter 63 of the Internal Revenue Code (chapter 63C) that begin on or 
after January 2, 2002.
    (2) Specifically for purposes of subchapter C of chapter 63 of the 
Internal Revenue Code. A power of attorney specifically for purposes of 
subchapter C of chapter 63 of the Internal Revenue Code shall be 
furnished in accordance with paragraph (b)(2) of this section.
    (3) Existing power of attorney. A power of attorney granted to 
another person by a partner for other tax purposes shall not be given 
effect for purposes of subchapter C of chapter 63 unless the partner 
specifically requests that the power be given such effect in a statement 
furnished to the Internal Revenue Service in accordance with paragraph 
(b) of this section.
    (f) Internal Revenue Service may use other information. In addition 
to the information on the partnership return and that supplied on 
statements filed under this section, the Internal Revenue Service may 
use other information in its possession (for example, a change in 
address reflected on a partner's return) in administering subchapter C 
of chapter 63 of the Internal Revenue Code. However, the Internal 
Revenue Service is not obligated to search its records for information 
not expressly furnished under this section.
    (g) Effective date. Except as provided in paragraph (e)(1) of this 
section, this section is applicable to partnership taxable years 
beginning on or after October 4, 2001. For years beginning prior to 
October 4, 2001, see Sec. 301.6223(c)-1T contained in 26 CFR part 1, 
revised April 1, 2001.

[T.D. 8965, 66 FR 50548, Oct. 4, 2001]



Sec. 301.6223(e)-1  Effect of Internal Revenue Service's failure to provide notice.

    (a) Notice group. Section 6223(e)(1)(B)(ii) applies with respect to 
a notice group only if the request for notice described in Sec. 
301.6223(b)-1 is received by the Internal Revenue Service at least 30 
days before the notice is mailed to the tax matters partner.
    (b) Indirect partners--(1) In general. For purposes of section 
6223(e), the Internal Revenue Service's failure to provide notice to a 
pass-thru partner entitled to notice under section 6223(b) is deemed a 
failure to provide notice to indirect partners holding an interest in 
the partnership through the pass-thru partner. However, this rule does 
not apply if the indirect partner--
    (i) Receives notice from the Internal Revenue Service;
    (ii) Is identified as provided in section 6223(c)(3) and Sec. 
301.6223(c)-1 at least 30 days before the notice is mailed to the tax 
matters partner; or
    (iii) Is a member of a notice group entitled to notice under 
paragraph (a) of this section.
    (2) Examples. The provisions of paragraph (b)(1) of this section may 
be illustrated by the following examples:

    Example 1. Partnership ABC has as one of its partners, A, a 
partnership with three partners, X, Y, and Z. ABC does not have more 
than 100 partners, and partnership A is entitled to notice under section 
6223(a). In addition, Z was identified as provided in section 6223(c)(3) 
and Sec. 301.6223(c)-1 on May 1, 2002. The Internal Revenue Service 
mailed a notice to the tax matters partner of ABC on July 1, 2002, but 
failed to provide notice to partnership A. Notwithstanding the Internal

[[Page 189]]

Revenue Service's notice to the tax matters partner, the Internal 
Revenue Service is deemed to have failed to provide notice to X and Y. 
The Internal Revenue Service's failure to provide notice to A, however, 
has no effect on Z; whether notice was provided to Z is determined 
independently.
    Example 2. Assume the same facts as in Example 1, except that the 
Internal Revenue Service provided notice to partnership A but did not 
provide separate notice to Z. Notwithstanding the Internal Revenue 
Service's notice to partnership A, the Internal Revenue Service is 
deemed to have failed to provide notice to Z.
    Example 3. Assume the same facts as in Example 1, except that 
partnership ABC has more than 100 partners and partnership A is entitled 
to notice under section 6223(b) because it had at least a 1 percent 
profits interest in partnership ABC. In addition, X became a member of a 
notice group on June 1, 2002, and the Internal Revenue Service mailed a 
notice to the designated member of that notice group. The Internal 
Revenue Service also mailed a separate notice to Z. The Internal Revenue 
Service's failure to provide notice to partnership A only affects Y, who 
is deemed not to have been provided notice by the Internal Revenue 
Service.

    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(e)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50549, Oct. 4, 2001]



Sec. 301.6223(e)-2  Elections if Internal Revenue Service fails to provide timely notice.

    (a) In general. This section applies in any case in which the 
Internal Revenue Service fails to timely mail any notice described in 
section 6223(a) of the Internal Revenue Code to a partner entitled to 
such notice within the period specified in section 6223(d). The failure 
to issue any notice within the period specified in section 6223(d) does 
not invalidate the notice of the beginning of an administrative 
proceeding or final partnership administrative adjustment (FPAA). An 
untimely FPAA enables the recipient of the untimely notice to make the 
elections described in paragraphs (b), (c), and (d) of this section. The 
period within which to make the elections described in paragraphs (b), 
(c), and (d) of this section commences with the mailing of an FPAA to 
the partner. In the absence of an election, paragraphs (b) and (c) of 
this section provide for the treatment of a partner's partnership items.
    (b) Proceeding finished. If at the time the Internal Revenue Service 
mails the partner an FPAA--
    (1) The period within which a petition for review of the FPAA under 
section 6226 may be filed has expired and no petition has been filed; or
    (2) The decision of a court in an action begun by such a petition 
has become final, the partner may elect in accordance with paragraph (d) 
of this section to have that adjustment, that decision, or a settlement 
agreement described in section 6224(c)(2) with respect to the 
partnership taxable year to which the adjustment relates apply to that 
partner. If the partner does not make an election in accordance with 
paragraph (d) of this section, the partnership items of the partner for 
the partnership taxable year to which the proceeding relates shall be 
treated as having become nonpartnership items as of the day on which the 
Internal Revenue Service mails the partner the FPAA.
    (c) Proceeding still going on. If at the time the Internal Revenue 
Service mails the partner an FPAA, paragraphs (b)(1) and (2) of this 
section do not apply, the partner shall be a party to the proceeding 
unless the partner elects, in accordance with paragraph (d) of this 
section, to have--
    (1) A settlement agreement described in section 6224(c)(2) with 
respect to the partnership taxable year to which the proceeding relates 
apply to the partner; or
    (2) The partnership items of the partner for the partnership taxable 
year to which the proceeding relates treated as having become 
nonpartnership items as of the day on which the Internal Revenue Service 
mails the partner the FPAA.
    (d) Election--(1) In general. The election described in paragraph 
(b) or (c) of this section shall be made in the manner prescribed in 
this paragraph (d). The election shall apply to all partnership items 
for the partnership taxable year to which the election relates.
    (2) Time and manner of making election. The election shall be made 
by filing a statement with the Internal Revenue

[[Page 190]]

Service office mailing the FPAA within 45 days after the date on which 
the FPAA was mailed to the partner making the election.
    (3) Contents of statement. The statement shall--
    (i) Be clearly identified as an election under section 6223(e)(2) or 
(3);
    (ii) Specify the election being made (that is, application of final 
partnership administrative adjustment, court decision, consistent 
settlement agreement, or nonpartnership item treatment);
    (iii) Identify the partner making the election and the partnership 
by name, address, and taxpayer identification number;
    (iv) Specify the partnership taxable year to which the election 
relates; and
    (v) Be signed by the partner making the election.
    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(e)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50550, Oct. 4, 2001]



Sec. 301.6223(f)-1  Duplicate copy of final partnership administrative adjustment.

    (a) In general. Section 6223(f) does not prohibit the Internal 
Revenue Service from issuing a duplicate copy of the notice of final 
partnership administrative adjustment (for example, in the event the 
original notice is lost).
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(f)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50550, Oct. 4, 2001]



Sec. 301.6223(g)-1  Responsibilities of the tax matters partner.

    (a) Notices described in section 6223(a)--(1) Notice of beginning of 
proceeding. Except as otherwise provided in Sec. 301.6223(a)-2, the tax 
matters partner shall, within 75 days after the Internal Revenue Service 
mails the notice specified in section 6223(a)(1), forward a copy of that 
notice to each partner not entitled to notice from the Internal Revenue 
Service under section 6223. See Sec. 301.6230(e)-1 for information to 
be furnished to the Internal Revenue Service.
    (2) Notice of final partnership administrative adjustment. The tax 
matters partner shall, within 60 days after the Internal Revenue Service 
mails the notice specified in section 6223(a)(2), forward a copy of that 
notice to each partner not entitled to notice from the Internal Revenue 
Service under section 6223.
    (3) Requirement inapplicable in certain cases. The tax matters 
partner is not required to send notice to a partner if--
    (i) Before the expiration of the applicable 75-day or 60-day period 
the partnership items of that partner have become nonpartnership items 
(for example, by settlement);
    (ii) That partner is an indirect partner and has not been identified 
to the tax matters partner at least 30 days before the tax matters 
partner is required to send such notice;
    (iii) That partner is treated as a partner solely by virtue of Sec. 
301.6231(a)(2)-1;
    (iv) That partner was a member of a notice group as of the date on 
which the notice was mailed to the tax matters partner (see Sec. 
301.6223(b)-1(c)(4) for the date on which a partner becomes a member of 
a notice group);
    (v) The notice has already been provided to that partner by another 
person; or
    (vi) The notice is withdrawn by the Internal Revenue Service under 
Sec. 301.6223(a)-2.
    (b) Other notices or information--(1) In general. The tax matters 
partner shall furnish to the partners specified in paragraph (b)(2) of 
this section information with respect to the following--
    (i) Closing conference with the examining agent;
    (ii) Proposed adjustments, rights of appeal, and requirements for 
filing of a protest;
    (iii) Time and place of any Appeals conference;
    (iv) Acceptance by the Internal Revenue Service of any settlement 
offer;
    (v) Consent to the extension of the period of limitations with 
respect to all partners;
    (vi) Filing of a request for administrative adjustment (including a 
request for substituted return treatment under

[[Page 191]]

Sec. 301.6227(c)-1) on behalf of the partnership;
    (vii) Filing by the tax matters partner or any other partner of any 
petition for judicial review under sections 6226 or 6228(a);
    (viii) Filing of any appeal with respect to any judicial 
determination provided for in sections 6226 or 6228(a); and
    (ix) Final judicial redetermination.
    (2) Partners to be notified. The tax matters partner shall provide 
information with respect to any action or other matter specified in 
paragraph (b)(1) of this section to all notice group representatives and 
all other partners except partners--
    (i) Whose partnership items become nonpartnership items before the 
expiration of the period specified in paragraph (b)(3) of this section 
for furnishing that information;
    (ii) Who are indirect partners and who are not identified to the tax 
matters partner at least 30 days before the tax matters partner is 
required to provide the information;
    (iii) Who are treated as partners solely by virtue of Sec. 
301.6231(a)(2)-1;
    (iv) Who are members of a notice group as of the date on which the 
tax matters partner takes that action or receives information with 
respect to that matter (see Sec. 301.6223(b)-1(c)(4) for the date on 
which a partner becomes a member of a notice group); or
    (v) Who have already received information with respect to the action 
or matter from any other person.
    (3) Time for furnishing information. The tax matters partner shall 
furnish information with respect to an action or other matter described 
in paragraph (b)(1) of this section within 30 days of taking the action 
or receiving information with respect to that matter.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(g)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50550, Oct. 4, 2001]



Sec. 301.6223(h)-1  Responsibilities of pass-thru partner.

    (a) In general. The pass-thru partner shall, within 30 days of 
receiving notice or any other information regarding a partnership 
proceeding from the Internal Revenue Service, the tax matters partner, 
or another pass-thru partner, forward a copy of that notice or 
information to the person or persons holding an interest through the 
pass-thru partner in the profits or losses of the partnership for the 
partnership taxable year to which the notice or information relates. In 
the case of a pass-thru partner that is a partnership within the meaning 
of section 6231(a)(1), the tax matters partner of such partnership shall 
forward copies of the notice or information to the partners of such 
partnership.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6223(h)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50551, Oct. 4, 2001]



Sec. 301.6224(a)-1  Participation in administrative proceedings.

    (a) In general. Every partner in the partnership, including an 
indirect partner, has the right to participate in any phase of 
administrative proceedings. However, except as provided in section 6223 
and the regulations thereunder, neither the Internal Revenue Service nor 
the tax matters partner is required to provide notice of any proceeding 
to the partners. Consequently, a partner who wishes, for example, to be 
present during a preliminary discussion between an examining agent and 
the tax matters partner should make special arrangements with the tax 
matters partner to obtain information as to the time and place of the 
discussion. The Internal Revenue Service and the tax matters partner 
will determine the time and place for all administrative proceedings. 
Arrangements will generally not be changed merely for the convenience of 
another partner.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6224(a)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50551, Oct. 4, 2001]

[[Page 192]]



Sec. 301.6224(b)-1  Partner may waive rights.

    (a) In general. A partner may at any time waive any right that the 
partner has or any restriction on action by the Internal Revenue Service 
under subchapter C of chapter 63 of the Internal Revenue Code.
    (b) Form and manner of making waiver. The waiver described in 
paragraph (a) of this section shall be made by a written statement. If 
the Internal Revenue Service furnishes a form to be used for this 
purpose, the partner may make the waiver by completing the form in 
accordance with the form's instructions. If such a form is not 
furnished, the statement shall--
    (1) Be clearly identified as a waiver under section 6224(b);
    (2) Identify the partner and the partnership by name, address, and 
taxpayer identification number;
    (3) Specify the right or restriction being waived and the taxable 
year(s) to which the waiver applies;
    (4) Be signed by the partner making the waiver; and
    (5) Be filed with the service center where the partnership return is 
filed. However, if the person filing the statement knows that the notice 
described in section 6223(a)(1) (beginning of an administrative 
proceeding) has already been mailed to the tax matters partner, the 
statement shall be filed with the Internal Revenue Service office that 
mailed such notice.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6224(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50551, Oct. 4, 2001]



Sec. 301.6224(c)-1  Tax matters partner may bind nonnotice partners.

    (a) In general. In the absence of a showing of fraud, malfeasance, 
or misrepresentation of fact, if the tax matters partner enters into a 
settlement agreement with the Internal Revenue Service with respect to 
partnership items, including partnership-level determinations relating 
to any penalty, addition to tax, or additional amounts that relate to 
adjustments to partnership items, and expressly states that the 
agreement shall be binding on the other partners, then that agreement 
shall be binding on all partners except those who--
    (1) Are, as of the day on which the agreement is entered into, 
either notice partners or members of a notice group (see Sec. 
301.6223(b)-1(c)(4) for the date on which a partner becomes a member of 
a notice group); or
    (2) Have, at least 30 days before the day on which the agreement is 
entered into, filed with the Internal Revenue Service the statement 
described in paragraph (c) of this section.
    (b) Indirect partners--(1) In general. If, under paragraph (a) of 
this section, a pass-thru partner is not bound by an agreement entered 
into by the tax matters partner, all indirect partners holding an 
interest in the partnership through that pass-thru partner shall not be 
bound by that agreement. If, however, the pass-thru partner is bound by 
an agreement entered into by the tax matters partner, paragraph (a) of 
this section shall be applied separately to each indirect partner 
holding an interest in the partnership through the pass-thru partner to 
determine whether the indirect partner is also bound by the agreement.
    (2) Example. The following example illustrates the principles of 
this section:

    Example. Partnership P has over 100 partners. Partnership J is a 
partner in partnership P with a profits interest of less than 1 percent. 
Partnership J has three partners, A, B, and C. A is a member of a notice 
group with respect to partnership P, but B and C are not. On July 1, 
2002, B filed the statement described in paragraph (c) of this section 
not to be bound by any settlement agreement entered into by the tax 
matters partner of partnership P. On August 1, 2002, the tax matters 
partner of partnership P enters into a settlement agreement with the 
Internal Revenue Service and states that the agreement is binding on 
other partners as provided in section 6224(c)(3). Because partnership J 
is bound by the settlement agreement, paragraph (a) of this section is 
applied separately to each of the indirect partners to determine whether 
they are bound. A is not bound by the agreement because A was a member 
of a notice group on the day the agreement was entered into and B is not 
bound because B filed the statement not to be bound at least 30 days 
before the agreement was entered into. C is bound by the settlement 
agreement.


[[Page 193]]


    (c) Statement not to be bound--(1) Contents of statement. The 
statement referred to in paragraph (a)(2) of this section shall--
    (i) Be clearly identified as a statement to deny settlement 
authority to the tax matters partner under section 6224(c)(3)(B);
    (ii) Identify the partner and partnership by name, address, and 
taxpayer identification number;
    (iii) Specify the taxable year or years to which the statement 
applies; and
    (iv) Be signed by the partner filing the statement.
    (2) Place where statement is to be filed. The statement described in 
paragraph (c)(1) of this section generally shall be filed with the 
Internal Revenue Service service center where the partnership return is 
filed. However, if the partner knows that the notice described in 
section 6223(a)(1) (beginning of an administrative proceeding) has 
already been mailed to the tax matters partner, the statement shall be 
filed with the Internal Revenue Service office that mailed that notice.
    (3) Consolidated statements. The statement described in paragraph 
(c)(1) of this section may be filed with respect to more than one 
partner if the requirements of that paragraph (c)(1) (including 
signatures) are satisfied with respect to each partner.
    (d) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6224(c)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50551, Oct. 4, 2001]



Sec. 301.6224(c)-2  Pass-thru partner binds indirect partners.

    (a) Pass-thru partner binds unidentified indirect partners--(1) In 
general. If a pass-thru partner enters into a settlement agreement with 
the Internal Revenue Service with respect to partnership items, that 
agreement binds all indirect partners holding an interest in that 
partnership through the pass-thru partner except those indirect partners 
who have been identified as provided in section 6223(c)(3) and Sec. 
301.6223(c)-1 at least 30 days before the date on which the agreement is 
entered into. A settlement with respect to partnership items includes 
partnership-level determinations relating to any penalty, addition to 
tax, and additional amounts that relate to adjustments to partnership 
items. However, if, in addition to the interest in the partnership held 
through the pass-thru partner entering into a settlement agreement, an 
indirect partner holds a separate interest in that partnership, either 
directly or indirectly through a different pass-thru partner, then the 
indirect partner shall not be bound by that settlement agreement with 
respect to the interests held directly or indirectly through a pass-thru 
partner other than the pass-thru partner entering into the settlement 
agreement.
    (2) Example. The provisions of paragraph (a)(1) of this section may 
be illustrated by the following example:

    Example. Partnership J is a partner in partnership P. C is a partner 
in J but has not been identified as provided in section 6223(c)(3) and 
Sec. 301.6223(c)-1. The only interest that C holds in P is through J. 
The tax matters partner of J enters into a settlement agreement with the 
Internal Revenue Service with respect to partnership items arising from 
P. C is bound by the settlement agreement entered into by the tax 
matters partner of J.

    (b) Person in pass-thru partner authorized to enter into settlement 
agreement that binds indirect partners. In the case of a pass-thru 
partner that is--
    (1) A partnership within the meaning of section 6231(a)(1), the tax 
matters partner of that partnership;
    (2) A partnership other than a partnership described in paragraph 
(b)(1) of this section, any general partner of that partnership;
    (3) An S corporation, any officer of that S corporation; or
    (4) A trust, estate, or nominee, any person authorized in writing to 
act on behalf of that trust, estate, or nominee, may enter into a 
settlement agreement with the Internal Revenue Service on behalf of its 
respective entity that would bind the unidentified indirect partners 
that hold a partnership interest through the pass-thru partner.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4,

[[Page 194]]

2001, see Sec. 301.6224(c)-2T contained in 26 CFR part 1, revised April 
1, 2001.

[T.D. 8965, 66 FR 50552, Oct. 4, 2001]



Sec. 301.6224(c)-3  Consistent settlements.

    (a) In general. If the Internal Revenue Service enters into a 
settlement agreement with any partner with respect to partnership items, 
whether comprehensive or partial, the Internal Revenue Service shall 
offer to any other partner who so requests in accordance with paragraph 
(c) of this section, settlement terms consistent with those contained in 
the settlement agreement entered into.
    (b) Requirements for consistent settlement terms--(1) In general. 
Consistent settlement terms are those based on the same determinations 
with respect to partnership items. However, consistent settlement terms 
also may include partnership-level determinations of any penalty, 
addition to tax, or additional amount that relates to partnership items. 
Settlements with respect to partnership items shall be self-contained; 
thus, a concession by one party with respect to a partnership item may 
not be based upon a concession by another party with respect to any item 
that is not a partnership item other than a partnership-level 
determination of any penalty, addition to tax, or additional amount that 
relates to an adjustment to a partnership item. Consistent agreements 
must be identical to the original settlement (that is, the settlement 
upon which the offered settlement terms are based). A consistent 
agreement must mirror the original settlement and may not be limited to 
selected items from the original settlement. Once a partner has settled 
a partnership item, or a partnership-level determination of any penalty, 
addition to tax, or additional amount that relates to an adjustment to a 
partnership item, that partner may not subsequently request settlement 
terms consistent with a settlement that contains the previously settled 
item. The requirement for consistent settlement terms applies only if--
    (i) The items were partnership items (or a partnership-level 
determination of any related penalty, addition to tax, or additional 
amount) for the partner entering into the original settlement 
immediately before the original settlement; and
    (ii) The items are partnership items (or a partnership-level 
determination of any related penalty, addition to tax, or additional 
amount) for the partner requesting the consistent settlement at the time 
the partner files the request.
    (2) Effect of consistent agreement. Consistent settlement terms are 
reflected in a consistent agreement. A consistent agreement is not a 
settlement agreement that gives rise to further consistent settlement 
rights because it is required to be given without volitional agreement 
of the Secretary. Therefore, a consistent agreement required to be 
offered to a requesting taxpayer is not a settlement agreement under 
section 6224(c)(2) or paragraph (c)(3) of this section which starts a 
new period for requesting consistent settlement terms. For all other 
purposes of the Internal Revenue Code, however, (e.g., binding effect 
under section 6224(c)(1) and conversion to nonpartnership items under 
section 6231(b)(1)(C)), a consistent agreement is treated as a 
settlement agreement.
    (c) Time and manner of requesting consistent settlements--(1) In 
general. A partner desiring settlement terms consistent with the terms 
of any settlement agreement entered into between any other partner and 
the Internal Revenue Service shall submit a written statement to the 
Internal Revenue Service office that entered into the settlement.
    (2) Contents of statement. Except as otherwise provided in 
instructions to the taxpayer from the Internal Revenue Service, the 
written statement described in paragraph (c)(1) of this section shall--
    (i) Identify the statement as a request for consistent settlement 
terms under section 6224(c)(2);
    (ii) Contain the name, address, and taxpayer identification number 
of the partnership and of the partner requesting the settlement offer 
(and, in the case of an indirect partner, of the pass-thru partner 
through which the indirect partner holds an interest);
    (iii) Identify the earlier agreement to which the request refers; 
and
    (iv) Be signed by the partner making the request.

[[Page 195]]

    (3) Time for filing request. The statement shall be filed not later 
than the later of--
    (i) The 150th day after the day on which the notice of final 
partnership administrative adjustment is mailed to the tax matters 
partner; or
    (ii) The 60th day after the day on which the settlement agreement 
was entered into.
    (d) Examples. The following examples illustrate the principles of 
this section:

    Example 1. The Internal Revenue Service seeks to disallow a $100,000 
loss reported by Partnership P $20,000 of which was allocated to partner 
X, and $10,000 of which was allocated to partner Y. The Internal Revenue 
Service agrees to a settlement with X in which the Internal Revenue 
Service allows $12,000 of the loss, accepts the treatment of all other 
partnership items on the partnership return, and imposes a penalty for 
negligence related to the $8,000 loss disallowance. Partner Y requests 
settlement terms consistent with the settlement made between X and the 
Internal Revenue Service. The items are partnership items (or a related 
penalty) for X immediately before X enters into the settlement agreement 
and are partnership items (or a related penalty) for Y at the time of 
the request. The Internal Revenue Service must offer Y settlement terms 
allowing a $6,000 loss, a negligence penalty on the $4,000 disallowance, 
and otherwise reflecting the treatment of partnership items on the 
partnership return.
    Example 2. F files inconsistently with Partnership P and reports the 
inconsistency. The Internal Revenue Service notifies F that it will 
treat all partnership items arising from P as nonpartnership items with 
respect to F. Later, the Internal Revenue Service enters into a 
settlement with F on these items. The Internal Revenue Service is not 
required to offer the other partners of P settlement terms consistent 
with the settlement reached between F and the Internal Revenue Service 
because the items arising from P are not partnership items with respect 
to F.
    Example 3. G, a partner in Partnership P, filed suit under section 
6228(b) after the Internal Revenue Service failed to allow an 
administrative adjustment request with respect to a partnership item 
arising from P for a taxable year. Under section 6231(b)(1)(B), the 
partnership items of G for the partnership taxable year became 
nonpartnership items as of the date G filed suit. After G filed suit, 
another partner and the Internal Revenue Service entered into a 
settlement agreement with respect to items arising from P in that year. 
G is not entitled to consistent settlement terms because, at the time of 
the settlement, the items arising from P are no longer partnership items 
with respect to G.

    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6224(c)-3T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50552, Oct. 4, 2001]



Sec. 301.6226(a)-1  Principal place of business of partnership.

    (a) In general. The principal place of a partnership's business for 
purposes of determining the appropriate district court in which a 
petition for a readjustment of partnership items may be filed is its 
principal place of business as of the date the petition is filed.
    (b) Example. The provisions of paragraph (a) of this section may be 
illustrated by the following example:

    Example. The principal place of Partnership A's business on the day 
that the notice of the final partnership administrative adjustment was 
mailed to A's tax matters partner was Cincinnati, Ohio. However, by the 
day on which a petition seeking judicial review of that adjustment was 
filed, A had moved its principal place of business to Louisville, 
Kentucky. For purposes of section 6226(a)(2), A's principal place of 
business is Louisville.

    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6226(a)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50553, Oct. 4, 2001]



Sec. 301.6226(b)-1  5-percent group.

    (a) In general. All members of a 5-percent group shall join in 
filing any petition for judicial review. The designation of a partner as 
a representative of a notice group does not authorize that partner to 
file a petition for a readjustment of partnership items on behalf of the 
notice group.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6226(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50553, Oct. 4, 2001]

[[Page 196]]



Sec. 301.6226(e)-1  Jurisdictional requirement for bringing an 

action in District Court or United States Court of Federal Claims.

    (a) Amount to be deposited--(1) In general. The jurisdictional 
amount that the filing partner (or, in the case of a petition filed by a 
5-percent group, each member of the group, or, for civil actions 
beginning on or after April 2, 2002, in the case of a petition filed by 
a pass-thru partner, each indirect partner holding an interest through 
the pass-thru partner) shall deposit is the amount by which the tax 
liability of the partner would be increased if the treatment of the 
partnership items on the partner's return were made consistent with the 
treatment of partnership items on the partnership return, as adjusted by 
the notice of final partnership administrative adjustment. The partner 
is not required to pay other outstanding liabilities in order to deposit 
a jurisdictional amount.
    (2) Example. The provisions of paragraph (a)(1) of this section may 
be illustrated by the following example:

    Example. A files a petition for readjustment of partnership items in 
the United States Court of Federal Claims. A's tax liability would be 
increased by $4,000 if partnership items on A's return were conformed to 
the partnership return, as adjusted by the notice of final partnership 
administrative adjustment. A has an unpaid liability of $10,000 
attributable to nonpartnership items. A is required to deposit $4,000 in 
order to satisfy the jurisdictional requirement.

    (b) Deposit taken into account in computing interest. The amount 
deposited is treated as a payment of tax for purposes of chapter 67 of 
the Internal Revenue Code (relating to interest).
    (c) Deposit generally not treated as payment of tax. Except as 
provided in paragraph (b) of this section, an amount deposited under 
section 6226(e) shall not be treated as a payment of tax. Thus, the 
Internal Revenue Service may proceed against the depositor for a 
deficiency based on nonpartnership items without regard to this deposit.
    (d) Amount deposited may be applied against assessment. If the 
restriction on assessment provided under section 6225(a) lapses with 
respect to a deficiency attributable to partnership items for a 
partnership taxable year while an amount is on deposit under section 
6226(e) in connection with a petition relating to those items, the 
Internal Revenue Service may apply the amount deposited against any such 
deficiency that is assessed.
    (e) Effective date. Except as otherwise provided in paragraph (a)(1) 
of this section, this section is applicable to civil actions beginning 
on or after October 4, 2001. For civil actions beginning prior to 
October 4, 2001, see Sec. 301.6226(e)-1T contained in 26 CFR part 1, 
revised April 1, 2001.

[T.D. 8965, 66 FR 50554, Oct. 4, 2001]



Sec. 301.6226(f)-1  Scope of judicial review.

    (a) In general. A court reviewing a notice of final partnership 
administrative adjustment has jurisdiction to determine all partnership 
items for the taxable year to which the notice relates and the proper 
allocation of such items among the partners. Thus, the review is not 
limited to the items adjusted in the notice. In addition, the court has 
jurisdiction in the partnership-level proceeding to determine any 
penalty, addition to tax, or additional amount that relates to an 
adjustment to a partnership item. However, the court does not have 
jurisdiction in the partnership-level proceeding to consider any 
partner-level defenses to any penalty, addition to tax, or additional 
amount that relates to an adjustment to a partnership item. See section 
6230(c)(4) and Sec. 301.6221-1(c) and (d).
    (b) Example. The provisions of paragraph (a) of this section may be 
illustrated by the following example:

    Example. The Internal Revenue Service issues a notice of final 
partnership administrative adjustment with respect to Partnership ABC in 
which the only item adjusted is depreciation. A petition for judicial 
review of that notice is filed. During the judicial proceeding, a 
partner of ABC, in accordance with the applicable court rules, raises an 
issue relating to the treatment of intangible drilling costs. The court 
reviewing the notice has jurisdiction to determine the intangible 
drilling cost issue in addition to the depreciation issue.

    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4,

[[Page 197]]

2001, see Sec. 301.6226(f)-1T contained in 26 CFR part 1, revised April 
1, 2001.

[T.D. 8965, 66 FR 50554, Oct. 4, 2001]



Sec. 301.6227(c)-1  Administrative adjustment request by the tax matters partner 

on behalf of the partnership.

    (a) In general. A request for an administrative adjustment filed by 
the tax matters partner on behalf of the partnership shall be filed on 
the form prescribed by the Internal Revenue Service for that purpose in 
accordance with that form's instructions. Except as otherwise provided 
in that form's instructions, the request shall be--
    (1) Filed with the service center where the original partnership 
return was filed (but, if the notice described in section 6223(a)(1) 
(beginning of an administrative proceeding) has already been mailed to 
the tax matters partner, the statement should be filed with the Internal 
Revenue Service office that mailed such notice);
    (2) Signed by the tax matters partner; and
    (3) Accompanied by revised schedules showing the effects of the 
proposed changes on each partner and an explanation of the changes.
    (b) Denied request for treatment as a substituted return remains 
administrative adjustment request. An administrative adjustment request 
filed by the tax matters partner on behalf of the partnership for which 
substituted return treatment is requested but not granted remains an 
administrative adjustment request. Thus, for example, the tax matters 
partner may file suit under section 6228(a) if the Internal Revenue 
Service fails to take timely action on the request.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6227(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50554, Oct. 4, 2001]



Sec. 301.6227(d)-1  Administrative adjustment request filed on behalf of a partner.

    (a) In general. A request for an administrative adjustment on behalf 
of a partner shall be filed on the form prescribed by the Internal 
Revenue Service for that purpose in accordance with that form's 
instructions. Except as otherwise provided in that form's instructions, 
the request shall--
    (1) Be filed in duplicate, the original copy filed with the 
partner's amended income tax return (on which the partner computes the 
amount by which the partner's tax liability should be adjusted if the 
request is granted) and the other copy filed with the service center 
where the partnership return is filed (but, if the notice described in 
section 6223(a)(1) (beginning of an administrative proceeding) has 
already been mailed to the tax matters partner, the statement should be 
filed with the Internal Revenue Service office that mailed such notice);
    (2) Identify the partner and the partnership by name, address, and 
taxpayer identification number;
    (3) Specify the partnership taxable year to which the administrative 
adjustment request applies;
    (4) Relate only to partnership items; and
    (5) Relate only to one partnership and one partnership taxable year.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6227(c)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50555, Oct. 4, 2001]



Sec. 301.6229(b)-1  Extension by agreement.

    (a) In general. Any partnership may authorize any person to extend 
the period described in section 6229(a) with respect to all partners by 
filing a statement to that effect with the service center where the 
partnership return is filed (but, if the notice described in section 
6223(a)(1) (beginning of an administrative proceeding) has already been 
mailed to the tax matters partner, the statement should be filed with 
the Internal Revenue Service office that mailed such notice). The 
statement shall--
    (1) Provide that it is an authorization for a person other than the 
tax matters partner to extend the assessment period with respect to all 
partners;

[[Page 198]]

    (2) Identify the partnership and the person being authorized by 
name, address, and taxpayer identification number;
    (3) Specify the partnership taxable year or years for which the 
authorization is effective; and
    (4) Be signed by all persons who were general partners (or, in the 
case of an LLC, member-managers, as those terms are defined in Sec. 
301.6231(a)(7)-2(b)) at any time during the year or years for which the 
authorization is effective.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6229(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50555, Oct. 4, 2001]



Sec. 301.6229(b)-2  Special rule with respect to debtors in Title 11 cases.

    (a) In general. Notwithstanding any other law or rule of law, if an 
agreement is entered into under section 6229(b)(1)(B), and the agreement 
is signed by a person who would be the tax matters partner but for the 
fact that, at the time that the agreement is executed, the person is a 
debtor in a bankruptcy proceeding under Title 11 of the United States 
Code, such agreement shall be binding on all partners in the partnership 
unless the Internal Revenue Service has been notified of the bankruptcy 
proceeding in accordance with paragraph (b) of this section.
    (b) Procedures for notifying the Internal Revenue Service of a 
partner's bankruptcy proceeding. (1) The Internal Revenue Service shall 
be notified of the bankruptcy proceeding of the tax matters partner in 
accordance with the procedures set forth in Sec. 301.6223(c)-1.
    (2) In addition to the information specified in Sec. 301.6223(c)-1, 
notification that a person is (or was) a debtor in a bankruptcy 
proceeding shall include the date the bankruptcy proceeding was filed, 
the name and address of the court in which the bankruptcy proceeding 
exists (or took place), the caption of the bankruptcy proceeding 
(including the docket number or other identification number used by the 
court), and the status of the proceeding as of the date of notification.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6229(b)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50555, Oct. 4, 2001]



Sec. 301.6229(c)(2)-1  Substantial omission of income.

    (a) Partnership return--(1) General rule. (i) If any partnership 
omits from the gross income stated in its return an amount properly 
includible therein and that amount is described in clause (i) of section 
6501(e)(1)(A), subsection (a) of section 6229 shall be applied by 
substituting ``6 years'' for ``3 years.''
    (ii) For purposes of paragraph (a)(1)(i) of this section, the term 
gross income, as it relates to a trade or business, means the total of 
the amounts received or accrued from the sale of goods or services, to 
the extent required to be shown on the return, without reduction for the 
cost of those goods or services.
    (iii) For purposes of paragraph (a)(1)(i) of this section, the term 
gross income, as it relates to any income other than from the sale of 
goods or services in a trade or business, has the same meaning as 
provided under section 61(a), and includes the total of the amounts 
received or accrued, to the extent required to be shown on the return. 
In the case of amounts received or accrued that relate to the 
disposition of property, and except as provided in paragraph (a)(1)(ii) 
of this section, gross income means the excess of the amount realized 
from the disposition of the property over the unrecovered cost or other 
basis of the property. Consequently, except as provided in paragraph 
(a)(1)(ii) of this section, an understated amount of gross income 
resulting from an overstatement of unrecovered cost or other basis 
constitutes an omission from gross income for purposes of section 
6229(c)(2).
    (iv) An amount shall not be considered as omitted from gross income 
if information sufficient to apprise the Commissioner of the nature and 
amount of the item is disclosed in the return, including any schedule or 
statement attached to the return.

[[Page 199]]

    (b) Effective/applicability date. This section applies to taxable 
years with respect to which the period for assessing tax was open on or 
after September 24, 2009.

[T.D. 9511, 75 FR 78898, Dec. 17, 2010]



Sec. 301.6229(e)-1  Information with respect to unidentified partner.

    (a) In general. A partner who is not properly identified on the 
partnership return (including an indirect partner) remains an 
unidentified partner for purposes of section 6229(e) until identifying 
information is furnished as provided in Sec. 301.6223(c)-1.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6229(e)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50555, Oct. 4, 2001]



Sec. 301.6229(f)-1  Special rule for partial settlement agreements.

    (a) In general. If a partner enters into a settlement agreement with 
the Internal Revenue Service with respect to the treatment of some of 
the partnership items or partnership-level determinations of any 
penalty, addition to tax, or additional amount in dispute for a 
partnership taxable year, but one or more other partnership items or 
determinations remain in dispute, the period of limitations for 
assessing any tax attributable to the settled items shall be determined 
as if such agreement had not been entered into.
    (b) Other items remaining in dispute. Pursuant to section 6226(c), a 
partner is a party to a partnership-level judicial proceeding with 
respect to partnership items and partnership-level determinations of 
penalties, additions to tax or additional amounts. When a partner 
settles partnership items, the settled partnership items convert to 
nonpartnership items under section 6231(b)(1)(C) and will not be subject 
to any future or pending partnership-level proceeding pursuant to 
section 6226(d)(1). The remaining unsettled partnership items, as well 
as any unsettled penalty, addition to tax, or additional amount that 
relates to an adjustment to a partnership item (regardless of whether 
the partnership item to which it relates has been settled), however, 
will remain subject to determination under partnership-level 
administrative and judicial procedures. Consequently, any remaining 
unsettled items, including any unsettled penalty, addition to tax, or 
additional amount that relates to an adjustment to a partnership item, 
will be deemed to remain in dispute. Thus, the period for assessing any 
tax attributable to the settled items will be governed by the period for 
assessing any tax attributable to the remaining unsettled items.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6229(f)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50555, Oct. 4, 2001]



Sec. 301.6230(b)-1  Request that correction not be made.

    (a) In general. The request that a correction not be made under 
section 6230(b)(2) shall be in writing and shall--
    (1) State that it is a request that a correction not be made under 
section 6230(b);
    (2) Identify the partnership and the partner filing the request by 
name, address, and taxpayer identification number;
    (3) Be signed by the partner filing the request; and
    (4) Be filed with the Internal Revenue Service office that provided 
the notice of the correction of the error.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6230(b)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50556, Oct. 4, 2001]



Sec. 301.6230(c)-1  Claim arising out of erroneous computation, etc.

    (a) In general. A claim for refund under section 6230(c) shall state 
the grounds for the claim and shall be filed with the service center 
where the partner's return is filed.
    (b) Effective date. This section is applicable to partnership 
taxable years

[[Page 200]]

beginning on or after October 4, 2001. For years beginning prior to 
October 4, 2001, see Sec. 301.6230(c)-1T contained in 26 CFR part 1, 
revised April 1, 2001.

[T.D. 8965, 66 FR 50556, Oct. 4, 2001]



Sec. 301.6230(e)-1  Tax matters partner required to furnish names.

    (a) In general. If a notice of the beginning of an administrative 
proceeding is mailed to the tax matters partner with respect to any 
partnership taxable year, the tax matters partner shall furnish to the 
Internal Revenue Service office that issued the notice the name, 
address, profits interest, and taxpayer identification number of each 
person who was a partner in the partnership at any time during that 
taxable year if that information was not provided on the partnership 
return filed for that year.
    (b) Revised or additional information. If the tax matters partner 
discovers that any information furnished to the Internal Revenue Service 
on the partnership return or under paragraph (a) of this section was 
incorrect or incomplete, the tax matters partner shall furnish revised 
or additional information to the Internal Revenue Service within 15 days 
of discovering that the information furnished to the Internal Revenue 
Service was incorrect or incomplete.
    (c) Information required with respect to indirect partners. The 
requirements of this section for identifying information apply with 
respect to indirect partners to the extent that the tax matters partner 
has such information.
    (d) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6230(e)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50556, Oct. 4, 2001]



Sec. 301.6231(a)(1)-1  Exception for small partnerships.

    (a) In general. For purposes of the exception for small partnerships 
under section 6231(a)(1)(B), the rules contained in this section shall 
apply.
    (1) 10 or fewer. The 10 or fewer limitation described in section 
6231(a)(1)(B)(i) is applied to the number of natural persons, C 
corporations, and estates of deceased partners that were partners at any 
one time during the partnership taxable year. Thus, for example, a 
partnership that at no time during the taxable year had more than 10 
partners may be treated as a small partnership even if, because of 
transfers of interests in the partnership, 11 or more natural persons, C 
corporations, or estates of deceased partners owned interests in the 
partnership for some portion of the taxable year. See section 1361(a)(2) 
for the definition of a C corporation. For purposes of section 
6231(a)(1)(B) and this section, a husband and wife (and their estates) 
are treated as one person.
    (2) Pass-thru partner. The exception provided in section 
6231(a)(1)(B) does not apply to a partnership for a taxable year if any 
partner in the partnership during that taxable year is a pass-thru 
partner as defined in section 6231(a)(9). For purposes of this paragraph 
(a)(2), an estate shall not be treated as a pass-thru partner.
    (3) Determination made annually. The determination of whether a 
partnership meets the requirements for the exception for small 
partnerships under section 6231(a)(1)(B) and this paragraph (a) shall be 
made with respect to each partnership taxable year. Thus, a partnership 
that does not qualify as a small partnership in one taxable year may 
qualify as a small partnership in another taxable year if the 
requirements for the exception under section 6231(a)(1)(B) and this 
paragraph (a) are met with respect to that other taxable year.
    (b) Election to have subchapter C of chapter 63 apply--(1) In 
general. Any partnership that meets the requirements set forth in 
section 6231(a)(1)(B) and paragraph (a) of this section (relating to the 
exception for small partnerships) may elect under paragraph (b)(2) of 
this section to have the provisions of subchapter C of chapter 63 of the 
Internal Revenue Code apply with respect to that partnership.
    (2) Method of election. A partnership shall make the election 
described in paragraph (b)(1) of this section by attaching a statement 
to the partnership return for the first taxable year for which the 
election is to be effective. The statement shall be identified as an

[[Page 201]]

election under section 6231(a)(1)(B)(ii), shall be signed by all persons 
who were partners of that partnership at any time during the partnership 
taxable year to which the return relates, and shall be filed at the time 
(determined with regard to any extension of time for filing) and place 
prescribed for filing the partnership return. However, for any 
partnership taxable year for which the due date of the return 
(determined without regard to extensions) is before January 2, 2002, the 
partnership may file the statement described in the preceding sentence 
on or before the date which is one year before the date specified in 
section 6229(a) for the expiration of the period of limitations with 
respect to that partnership (determined with regard to extensions of 
that period under section 6229(b)).
    (3) Years covered by election. The election shall be effective for 
the partnership taxable year to which the return relates and all 
subsequent partnership taxable years unless revoked with the consent of 
the Commissioner.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(a)(1)-1T contained in 26 
CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50556, Oct. 4, 2001]



Sec. 301.6231(a)(2)-1  Persons whose tax liability is determined indirectly by partnership items.

    (a) Spouse filing joint return with individual holding a separate 
interest--(1) In general. Except as otherwise provided in this paragraph 
(a), a spouse who files a joint return with an individual holding a 
separate interest in the partnership shall be treated as a partner for 
purposes of subchapter C of chapter 63 of the Internal Revenue Code. 
Thus, the spouse who files a joint return with a partner will be 
permitted to participate in administrative and judicial proceedings.
    (2) Counting rules. A spouse who files a joint return with an 
individual holding a separate interest in the partnership shall not be 
counted as a partner for purposes of applying section 6223(b) (relating 
to special rules for partnerships with more than 100 partners) and 
section 6231(a)(1)(B) (relating to the exception for small 
partnerships).
    (3) Notice rules--(i) In general. Except as provided in paragraph 
(a)(3)(ii) of this section, for purposes of subchapter C of chapter 63 
of the Internal Revenue Code, a spouse who files a joint return with an 
individual holding a separate interest in the partnership shall be 
treated as receiving any notice received by the individual holding the 
separate interest.
    (ii) Spouse identified on partnership return or by statement. 
Paragraph (a)(3)(i) of this section shall not apply to a spouse who 
files a joint return with an individual holding a separate interest in 
the partnership if that spouse--
    (A) Is identified on the partnership return; or
    (B) Is identified as a partner entitled to notice as provided in 
Sec. 301.6223(c)-1(b).
    (4) Conversion of partnership items--(i) Individual holding a 
separate interest. A spouse who files a joint return with an individual 
holding a separate interest in the partnership shall cease to be treated 
as a partner in the partnership under paragraph (a)(1) of this section 
upon the conversion of the partnership items of the individual holding 
the separate interest in the partnership to nonpartnership items 
pursuant to section 6231(b). If each spouse holds a separate interest in 
the partnership, the previous sentence shall be applied separately with 
respect to each partnership interest.
    (ii) Spouse who files a joint return with an individual holding a 
separate interest in the partnership. A spouse who files a joint return 
with an individual holding a separate interest in the partnership shall 
cease to be treated as a partner in the partnership under paragraph 
(a)(1) of this section upon the occurrence of an event that would 
convert the partnership items of the spouse to nonpartnership items if 
the spouse were the owner of a separate interest.
    (iii) Examples. The following examples illustrate the application of 
paragraph (a)(4) of this section:

    Example 1. Husband owns a separate interest in ABC partnership and 
files a joint return with Wife. Husband files for bankruptcy. Pursuant 
to Sec. 301.6231(c)-7, upon filing for bankruptcy, the partnership 
items of

[[Page 202]]

the debtor convert to nonpartnership items. Thus, Husband's partnership 
items converted to nonpartnership items upon the filing of Husband's 
bankruptcy petition. Pursuant to paragraph (a)(4)(i) of this section, 
Wife is no longer treated as a partner of ABC partnership as of the date 
the partnership items of Husband converted to nonpartnership items.
    Example 2. Wife owns a separate interest in XYZ partnership and 
files a joint return with Husband. Husband files for bankruptcy. Because 
the filing of the bankruptcy petition by Husband is an event that would 
convert Husband's partnership items to nonpartnership items if Husband 
were the owner of a separate interest, Husband shall no longer be 
treated as a partner as of the filing of the bankruptcy petition. 
Pursuant to paragraph (a)(4)(ii) of this section, the partnership items 
of Wife are not affected by Husband's bankruptcy.

    (5) Cross-reference. See Sec. 301.6231(a)(12)-1 for special rules 
relating to spouses holding a joint interest in a partnership.
    (b) Shareholder of C corporation. A shareholder of a C corporation 
(as defined in section 1361(a)(2)) is not a partner in a partnership 
merely because the C corporation is a partner in that partnership.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(a)(2)-1T contained in 26 
CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50557, Oct. 4, 2001]



Sec. 301.6231(a)(3)-1  Partnership items.

    (a) In general. For purposes of subtitle F of the Internal Revenue 
Code of 1954, the following items which are required to be taken into 
account for the taxable year of a partnership under subtitle A of the 
Code are more appropriately determined at the partnership level than at 
the partner level and, therefore, are partnership items:
    (1) The partnership aggregate and each partner's share of each of 
the following:
    (i) Items of income, gain loss, deduction, or credit of the 
partnership;
    (ii) Expenditures by the partnership not deductible in computing its 
taxable income (for example, charitable contributions);
    (iii) Items of the partnership which may be tax preference items 
under section 57(a) for any partner;
    (iv) Income of the partnership exempt from tax;
    (v) Partnership liabilities (including determinations with respect 
to the amount of the liabilities, whether the liabilities are 
nonrecourse, and changes from the preceding taxable year); and
    (vi) Other amounts determinable at the partnership level with 
respect to partnership assets, investments, transactions and operations 
necessary to enable the partnership or the partners to determine--
    (A) The investment credit determined under section 46(a);
    (B) Recapture under section 47 of the investment credit;
    (C) Amounts at risk in any activity to which section 465 applies;
    (D) The depletion allowance under section 613A with respect to oil 
and gas wells; and
    (E) The application of section 751 (a) and (b);
    (2) Guaranteed payments;
    (3) Optional adjustments to the basis of partnership property 
pursuant to an election under section 754 (including necessary 
preliminary determinations, such as the determination of a transferee 
partner's basis in a partnership interest); and
    (4) Items relating to the following transactions, to the extent that 
a determination of such items can be made from determinations that the 
partnership is required to make with respect to an amount, the character 
of an amount, or the percentage interest of a partner in the 
partnership, for purposes of the partnership books and records or for 
purposes of furnishing information to a partner:
    (i) Contributions to the partnership;
    (ii) Distributions from the partnership; and
    (iii) Transactions to which section 707(a) applies (including the 
application of section 707(b)).
    (b) Factors that affect the determination of partnership items. The 
term ``partnership item'' includes the accounting practices and the 
legal and factual determinations that underlie the determination of the 
amount, timing, and characterization of items of income, credit, gain, 
loss, deduction, etc. Examples of these determinations

[[Page 203]]

are: The partnership's method of accounting, taxable year, and inventory 
method; whether an election was made by the partnership; whether 
partnership property is a capital asset, section 1231 property, or 
inventory; whether an item is currently deductible or must be 
capitalized; whether partnership activities have been engaged in with 
the intent to make a profit for purposes of section 183; and whether the 
partnership qualifies for the research and development credit under 
section 30.
    (c) Illustrations--(1) In general. This paragraph (c) illustrates 
the provisions of paragraph (a)(4) of this section. The determinations 
illustrated in this paragraph (c) that the partnership is required to 
make are not exhaustive; there may be additional determinations that the 
partnership is required to make which relate to a transaction listed in 
paragraph (a)(4) of this section. The critical element is that the 
partnership needs to make a determination with respect to a matter for 
the purposes stated; failure by the partnership actually to make a 
determination (for example, because it does not maintain proper books 
and records) does not prevent an item from being a partnership item.
    (2) Contributions. For purposes of its books and records, or for 
purposes of furnishing information to a partner, the partnership needs 
to determine:
    (i) The character of the amount received from a partner (for 
example, whether it is a contribution, a loan, or a repayment of a 
loan);
    (ii) The amount of money contributed by a partner;
    (iii) The applicability of the investment company rules of section 
721(b) with respect to a contribution; and
    (iv) The basis to the partnership of contributed property (including 
necessary preliminary determinations, such as the partner's basis in the 
contributed property).

To the extent that a determination of an item relating to a contribution 
can be made from these and similar determinations that the partnership 
is required to make, therefore, that item is a partnership item. To the 
extent that that determination requires other information, however, that 
item is not a partnership item. For example, it may be necessary to 
determine whether contribution of the property causes recapture by the 
contributing partner of the investment credit under section 47 in 
certain circumstances in which that determination is irrelevant to the 
partnership.
    (3) Distributions. For purposes of its books and records, or for 
purposes of furnishing information to a partner, the partnership needs 
to determine:
    (i) The character of the amount transferred to a partner (for 
example, whether it is a distribution, a loan, or a repayment of a 
loan);
    (ii) The amount of money distributed to a partner;
    (iii) The adjusted basis to the partnership of distributed property; 
and
    (iv) The character of partnership property (for example, whether an 
item is inventory or a capital asset).

To the extent that a determination of an item relating to a distribution 
can be made from these and similar determinations that the partnership 
is required to make, therefore, that item is a partnership item. To the 
extent that that determination requires other information, however, that 
item is not a partnership item. Such other information would include 
those factors used in determining the partner's basis for the 
partnership interest that are not themselves partnership items, such as 
the amount that the partner paid to acquire the partnership interest 
from a transferor partner if that transfer was not covered by an 
election under section 754.
    (4) Transactions to which section 707 (a) applies. For purposes of 
its books and records, the partnership needs to determine:
    (i) The amount transferred from the partnership to a partner or from 
a partner to the partnership in any transaction to which section 707(a) 
applies;
    (ii) The character of such an amount (for example, whether or not it 
is a loan; in the case of amounts paid over time for the purchase of an 
asset, what portion is interest); and
    (iii) The percentage of the capital interests and profits interests 
in the partnership owned by each partner.

To the extent that a determination of an item relating to a transaction 
to

[[Page 204]]

which section 707(a) applies can be made from these and similar 
determinations that the partnership is required to make, therefore, that 
item is a partnership item. To the extent that that determination 
requires other information, however, that item is not a partnership 
item. An example of such other information is the cost to the partner of 
goods sold to the partnership.
    (d) Effective date. This section shall apply with respect to 
partnership taxable years beginning after September 3, 1982. This 
section shall also apply with respect to any partnership taxable year 
ending after September 3, 1982, if with respect to that year there is an 
agreement entered into pursuant to section 407(a)(3) of the Tax Equity 
and Fiscal Responsibility Act of 1982.

[T.D. 8082, 51 FR 13214, Apr. 18, 1986; 51 FR 19062, May 27, 1986]



Sec. 301.6231(a)(5)-1  Definition of affected item.

    (a) In general. The term affected item means any item to the extent 
such item is affected by a partnership item. It includes items unrelated 
to the items reflected on the partnership return (for example, an item, 
such as the threshold for the medical expense deduction under section 
213, that varies if there is a change in an individual partner's 
adjusted gross income).
    (b) Basis in a partner's partnership interest. The basis of a 
partner's partnership interest is an affected item to the extent it is 
not a partnership item.
    (c) At-risk limitation. The application of the at-risk limitation 
under section 465 to a partner with respect to a loss incurred by a 
partnership is an affected item to the extent it is not a partnership 
item.
    (d) Passive losses. The application of the passive loss rules under 
section 469 to a partner with respect to a loss incurred by a 
partnership is an affected item to the extent it is not a partnership 
item.
    (e) Penalty, addition to tax, or additional amount--(1) In general. 
The term affected item includes any penalty, addition to tax, or 
additional amount provided by subchapter A of chapter 68 of the Internal 
Revenue Code of 1986 to the extent provided in this paragraph (e).
    (2) Penalty, addition to tax, or additional amount without floor. If 
a penalty, addition to tax, or additional amount that does not contain a 
floor (that is, a threshold amount of underpayment or understatement 
necessary before the imposition of the penalty, addition to tax, or 
additional amount) is imposed on a partner as the result of an 
adjustment to a partnership item, the term affected item shall include 
the penalty, addition to tax, or additional amount computed with 
reference to the portion of the underpayment that is attributable to the 
partnership item adjustment(s) to which the penalty, addition to tax, or 
additional amount applies.
    (3) Penalty, addition to tax, or additional amount containing 
floor--(i) Floor exceeded prior to adjustment. If a partner would have 
been subject to a penalty, addition to tax, or additional amount that 
contains a floor in the absence of an adjustment to a partnership item 
(that is, the partner's understatement or underpayment exceeded the 
floor even without an adjustment to a partnership item) the term 
affected item shall include only the portion of the penalty, addition to 
tax, or additional amount computed with reference to the partnership 
item (or affected item) adjustments.
    (ii) Floor not exceeded prior to adjustment. In the case of a 
penalty, addition to tax, or additional amount that contains a floor, if 
the taxpayer's understatement or underpayment does not exceed the floor 
prior to an adjustment to a partnership item but does so after such 
adjustment, the term affected item shall include the penalty, addition 
to tax, or additional amount computed with reference to the entire 
underpayment or understatement to which the penalty, addition to tax, or 
additional amount applies.
    (4) Examples. The provisions of this paragraph (e) may be 
illustrated by the following examples:

    Example 1. A, a partner of P, had an aggregate underpayment of 
$1,000 of which $100 is attributable to an adjustment to partnership 
items. A is negligent in reporting the partnership items. The accuracy-
related penalty under section 6662 for negligence computed

[[Page 205]]

with reference to the $100 underpayment attributable to the partnership 
item adjustments is an affected item.
    Example 2. B, a partner of P, understated B's income tax liability 
attributable to nonpartnership items by $6,000. An adjustment to a 
partnership item resulting from a partnership proceeding increased B's 
income tax by an additional $2,000. Prior to the adjustment, B would 
have been subject to the accuracy-related penalty under section 6662 for 
a substantial understatement of income tax with respect to the $6,000 
understatement attributable to nonpartnership items. The portion of the 
accuracy-related penalty under section 6662 computed with reference to 
the $2,000 understatement attributable to partnership items to which the 
accuracy-related penalty applies is an affected item. The portion of the 
accuracy-related penalty under section 6662 computed with reference to 
the $6,000 pre-existing understatement is not an affected item.
    Example 3. C, a partner in partnership P, understated C's income tax 
liability attributable to nonpartnership items by $4,000. As a result of 
an adjustment to partnership items, that understatement is increased to 
$10,000. Prior to the adjustment, C would not have been subject to the 
accuracy-related penalty under section 6662 for a substantial 
understatement of income tax. The accuracy-related penalty under section 
6662 computed with reference to the entire $10,000 understatement to 
which the accuracy-related penalty applies is an affected item.

    (f) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(a)(5)-1T contained in 26 
CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50557, Oct. 4, 2001]



Sec. 301.6231(a)(6)-1  Computational adjustments.

    (a) Changes in a partner's tax liability--(1) In general. A change 
in the tax liability of a partner to properly reflect the treatment of a 
partnership item under subchapter C of chapter 63 of the Internal 
Revenue Code is made through a computational adjustment. A computational 
adjustment includes a change in tax liability that reflects a change in 
an affected item where that change is necessary to properly reflect the 
treatment of a partnership item, or any penalty, addition to tax, or 
additional amount that relates to an adjustment to a partnership item. 
However, if a change in a partner's tax liability cannot be made without 
making one or more partner-level determinations, that portion of the 
change in tax liability attributable to the partner-level determinations 
shall be made under the deficiency procedures (as described in 
subchapter B of chapter 63 of the Internal Revenue Code), except for any 
penalty, addition to tax, or additional amount that relates to an 
adjustment to a partnership item.
    (2) Affected items that do not require partner-level determinations. 
Changes in a partner's tax liability with respect to affected items that 
do not require partner-level determinations (such as the threshold 
amount of medical deductions under section 213 that changes as the 
result of determinations made at the partnership level) are 
computational adjustments that are directly assessed. When making 
computational adjustments, the Internal Revenue Service may assume that 
amounts the partner reported on the partner's individual return include 
all amounts reported to the partner by the partnership (on the Schedule 
K-1s attached to the partnership's original return), absent contrary 
notice to the Internal Revenue Service (for example, a ``Notice of 
Inconsistent Treatment'' pursuant to Sec. 301.6222(a)-2(c)). Such an 
assumption by the Internal Revenue Service does not constitute a 
partner-level determination. Moreover, substituting redetermined 
partnership items for the partner's previously reported partnership 
items (including partnership items included in carryover amounts) does 
not constitute a partner-level determination where the Internal Revenue 
Service otherwise accepts, for the sole purpose of determining the 
computational adjustment, all nonpartnership items (including, for 
example, nonpartnership item components of carryover amounts) as 
reported.
    (3) Affected items that require partner-level determinations. 
Changes in a partner's tax liability with respect to affected items that 
require partner-level determinations (such as a partner's at-risk amount 
to the extent it depends upon the source from which the partner obtained 
the funds that the partner contributed to the partnership) are 
computational adjustments that are

[[Page 206]]

subject to the deficiency procedures. Notwithstanding the preceding 
sentence, any penalty, addition to tax, or additional amount that 
relates to an adjustment to a partnership item is not subject to the 
deficiency procedures, but rather may be directly assessed as part of 
the computational adjustment that is made following the partnership 
proceeding, based on determinations in that proceeding, regardless of 
whether any partner-level determinations may be required.
    (b) Interest. A computational adjustment includes any interest due 
with respect to any underpayment or overpayment of tax attributable to 
adjustments to reflect properly the treatment of partnership items.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(a)(6)-1T contained in 26 
CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50558, Oct. 4, 2001]



Sec. 301.6231(a)(7)-1  Designation or selection of tax matters partner.

    (a) In general. A partnership may designate a partner as its tax 
matters partner for a specific taxable year only as provided in this 
section. Similarly, the designation of a partner as the tax matters 
partner for a specific taxable year may be terminated only as provided 
in this section. If a partnership does not designate a general partner 
as the tax matters partner for a specific taxable year, or if the 
designation is terminated without the partnership designating another 
general partner as the tax matters partner, the tax matters partner is 
the partner determined under this section.
    (b) Person who may be designated tax matters partner--(1) General 
requirement. A person may be designated as the tax matters partner of a 
partnership for a taxable year only if that person--
    (i) Was a general partner in the partnership at some time during the 
taxable year for which the designation is made; or
    (ii) Is a general partner in the partnership as of the time the 
designation is made.
    (2) Limitation on designation of tax matters partner who is not a 
United States person. If any United States person would be eligible 
under paragraph (a) of this section to be designated as the tax matters 
partner of a partnership for a taxable year, no person who is not a 
United States person may be designated as the tax matters partner of the 
partnership for that year without the consent of the Commissioner. For 
the definition of United States person, see section 7701(a)(30).
    (c) Designation of tax matters partner at time partnership return is 
filed. The partnership may designate a tax matters partner for a 
partnership taxable year on the partnership return for that taxable year 
in accordance with the instructions for that form.
    (d) Certification by current tax matters partner of selection of 
successor. If a partner properly designated as the tax matters partner 
of a partnership for a partnership taxable year under this section 
certifies that another partner has been selected as the tax matters 
partner of the partnership for that taxable year, that other partner is 
thereby designated as the tax matters partner for that year. The current 
tax matters partner shall make the certification by filing with the 
service center with which the partnership return is filed a statement 
that--
    (1) Identifies the partnership, the partner filing the statement, 
and the successor tax matters partner by name, address, and taxpayer 
identification number;
    (2) Specifies the partnership taxable year to which the designation 
relates;
    (3) Declares that the partner filing the statement has been properly 
designated as the tax matters partner of the partnership for the 
partnership taxable year and that that designation is in effect 
immediately before the filing of the statement;
    (4) Certifies that the other named partner has been selected as the 
tax matters partner of the partnership for that taxable year in 
accordance with the partnership's procedure for making that selection; 
and
    (5) Is signed by the partner filing the statement.
    (e) Designation by general partners with majority interest. The 
partnership may designate a tax matters partner for a partnership 
taxable year at any

[[Page 207]]

time after the filing of a partnership return for that taxable year by 
filing a statement with the service center with which the partnership 
return was filed. The statement shall--
    (1) Identify the partnership and the designated partner by name, 
address, and taxpayer identification number;
    (2) Specify the partnership taxable year to which the designation 
relates;
    (3) Declare that it is a designation of a tax matters partner for 
the taxable year specified; and
    (4) Be signed by persons who were general partners at the close of 
the year and were shown on the return for that year to hold more than 50 
percent of the aggregate interest in partnership profits held by all 
general partners as of the close of that taxable year. For purposes of 
this paragraph (e)(4), all limited partnership interests held by general 
partners shall be included in determining the aggregate interest in 
partnership profits held by such general partners.
    (f) Designation by partners with majority interest under certain 
circumstances--(1) In general. A tax matters partner may be designated 
for a partnership taxable year under this paragraph (f) only if, at the 
time the designation is made, each partner who was a general partner at 
the close of such partnership taxable year is described in one or more 
of paragraphs (f)(1)(i) through (iv) of this section as follows:
    (i) The general partner is dead, or, if the general partner is an 
entity, has been liquidated or dissolved;
    (ii) The general partner has been adjudicated by a court of 
competent jurisdiction to be no longer capable of managing his or her 
person or estate;
    (iii) The general partner's partnership items have become 
nonpartnership items under section 6231(b); or
    (iv) The general partner is no longer a partner in the partnership.
    (2) Method of making designation. A tax matters partner for a 
partnership taxable year may be designated under this paragraph (f) at 
any time after the filing of the partnership return for such taxable 
year by filing a written statement with the service center with which 
the partnership return was filed. The statement shall--
    (i) Identify the partnership and the designated tax matters partner 
by name, address, and taxpayer identification number;
    (ii) Specify the partnership taxable year to which the designation 
relates;
    (iii) Declare that it is a designation of a tax matters partner for 
the partnership taxable year specified; and
    (iv) Be signed by persons who were partners at the close of such 
taxable year and were shown on the return for that year to hold more 
than 50 percent of the aggregate interest in partnership profits held by 
all partners as of the close of such taxable year.
    (g) Designation of alternate tax matters partner. If an individual 
is designated as the tax matters partner of a partnership under 
paragraph (c), (d), (e), or (f) of this section, the document by which 
that individual is designated may also designate an alternate tax 
matters partner who will become tax matters partner upon the occurrence 
of one or more of the events described in paragraph (l)(1) (i) or (ii) 
of this section. The person designated as the alternate tax matters 
partner becomes the tax matters partner as of the time the designation 
of the tax matters partner is terminated under paragraph (l)(1) (i) or 
(ii) of this section. The designation of a person as the alternate tax 
matters partner shall have no effect in any other case.
    (h) Prior designations superseded. A designation of a tax matters 
partner for a partnership taxable year under paragraphs (d), (e), or (f) 
of this section shall supersede all prior designations of a tax matters 
partner for that year, including a prior designation of an alternate tax 
matters partner under paragraph (g) of this section.
    (i) Resignation of designated tax matters partner. A person 
designated as the tax matters partner of a partnership under this 
section may resign at any time by a written statement to that effect. 
The statement shall specify the partnership taxable year to which the 
resignation relates and shall identify the partnership and the tax 
matters partner by name, address, and taxpayer identification number. 
The statement shall also be signed by the resigning tax matters partner 
and shall be filed

[[Page 208]]

with the service center with which the partnership return was filed.
    (j) Revocation of designation. The partnership may revoke the 
designation of the tax matters partner for a partnership taxable year at 
any time after the filing of a partnership return for that taxable year 
by filing a statement with the service center with which the partnership 
return was filed. The statement shall--
    (1) Identify by name, address, and taxpayer identification number 
the partnership and the general partner whose designation as tax matters 
partner is being revoked;
    (2) Specify the partnership taxable year to which the revocation 
relates;
    (3) Declare that it is a revocation of a designation of the tax 
matters partner for the taxable year specified; and
    (4) Be signed by the persons described in paragraph (e)(4) of this 
section, or, if at the time that the revocation is made, each partner 
who was a general partner at the close of the partnership taxable year 
to which the revocation relates is described in one or more of 
paragraphs (f)(1) (i) through (iv) of this section, by the persons 
described in paragraph (f)(2)(iv) of this section.
    (k) When designation, etc., becomes effective--(1) In general. 
Except as otherwise provided in paragraph (k)(2) of this section, a 
designation, resignation, or revocation provided for in this section 
becomes effective on the day that the statement required by the 
applicable paragraph of this section is filed.
    (2) Notice of proceeding mailed. If a notice of beginning of an 
administrative proceeding with respect to a partnership taxable year is 
mailed before the date on which a statement of designation, resignation, 
or revocation provided for in this section with respect to that taxable 
year is filed, the Service is not required to give effect to such 
designation, resignation, or revocation until 30 days after the 
statement is filed.
    (l) Termination of designation--(1) In general. A designation of a 
tax matters partner for a taxable year under this section shall remain 
in effect until--
    (i) The death of the designated tax matters partner;
    (ii) An adjudication by a court of competent jurisdiction that the 
individual designated as the tax matters partner is no longer capable of 
managing the individual's person or estate;
    (iii) The liquidation or dissolution of the tax matters partner, if 
the tax matters partner is an entity;
    (iv) The partnership items of the tax matters partner become 
nonpartnership items under section 6231(c) (relating to special 
enforcement areas); or
    (v) The day on which--
    (A) The resignation of the tax matters partner under paragraph (i) 
of this section;
    (B) A subsequent designation under paragraph (d), (e), or (f) of 
this section; or
    (C) A revocation of the designation under paragraph (j) of this 
section becomes effective.
    (2) Actions by the tax matters partner before termination of 
designation. The termination of the designation of a partner as the tax 
matters partner under paragraph (l)(1) of this section does not affect 
the validity of any action taken by that partner as tax matters partner 
before the designation is terminated. For example, if that tax matters 
partner had previously consented to an extension of the period for 
assessments under section 6229(b)(1)(B), that extension remains valid 
even after termination of the designation.
    (m) Tax matters partner where no partnership designation made--(1) 
In general. The tax matters partner for a partnership taxable year shall 
be determined under this paragraph (m) if--
    (i) The partnership has not designated a tax matters partner under 
this section for that taxable year; or
    (ii) The partnership has designated a tax matters partner under this 
section for that taxable year, that designation has been terminated 
under paragraph (l)(1) of this section, and the partnership has not made 
a subsequent designation under this section for that taxable year.
    (2) General partner having the largest profits interest is the tax 
matters partner. The tax matters partner for any partnership taxable 
year to which this paragraph (m) applies is the general partner having 
the largest profits interest in the partnership at the close of that 
taxable year (or where there is more than one such partner, the one of

[[Page 209]]

such partners whose name would appear first in an alphabetical listing). 
For purposes of this paragraph (m)(2), all limited partnership interests 
held by a general partner shall be included in determining that general 
partner's profits interest in the partnership. For purposes of this 
paragraph (m)(2), the general partner with the largest profits interest 
is determined based on the year-end profits interests reported on the 
Schedules K-1 filed with the partnership income tax return for the 
taxable year for which the determination is being made.
    (3) Termination of designation. A designation of a tax matters 
partner for a partnership taxable year under this paragraph (m) shall 
remain in effect until the earlier of the occurrence of one or more of 
the events described in paragraphs (l)(1) (i) through (iv) of this 
section or the day on which a designation under paragraph (d), (e), or 
(f) of this section becomes effective. If a designation of a tax matters 
partner for a partnership taxable year is terminated under this 
paragraph (m)(3) and the partnership has not subsequently designated a 
tax matters partner for that taxable year under paragraph (d), (e), or 
(f) of this section, the tax matters partner for that taxable year shall 
be determined under paragraph (m)(2) of this section, and, for purposes 
of applying paragraph (m)(2) of this section, the general partner whose 
designation was so terminated shall be treated as having no profits 
interest in the partnership for that taxable year.
    (n) Selection of tax matters partner by Commissioner when 
impracticable to apply the largest-profits-interest rule. If the 
partnership has not designated a tax matters partner under this section 
for the taxable year and it is impracticable (as determined under 
paragraph (o) of this section) to apply the largest-profits-interest 
rule of paragraph (m)(2) of this section, the Commissioner will select a 
tax matters partner as described in paragraph (p) of this section.
    (o) Impracticability of largest-profits-interest rule. It is 
impracticable to apply the largest-profits-interest rule of paragraph 
(m)(2) of this section if, on the date the rule is applied, any one of 
the following three conditions is met:
    (1) General partner with the largest profits interest is not 
apparent. The general partner with the largest profits interest is not 
apparent from the Schedules K-1 and is not otherwise readily 
determinable.
    (2) Each general partner is deemed to have no profits interest in 
the partnership. Each general partner is deemed to have no profits 
interest in the partnership under paragraph (m)(3) of this section 
(concerning termination of a designation under the largest-profits-
interest rule) because of the occurrence of one or more of the events 
described in paragraphs (l)(1) (i) through (iv) of this section 
(involving death, adjudication of incompetency, liquidation, and 
conversion of partnership items to nonpartnership items).
    (3) General partner with the largest profits interest is 
disqualified. The general partner with the largest profits interest 
determined under paragraph (m)(2) of this section--
    (i) Has been notified of suspension from practice before the 
Internal Revenue Service;
    (ii) Is incarcerated;
    (iii) Is residing outside the United States, its possessions, or 
territories; or
    (iv) Cannot be located or cannot perform the functions of a tax 
matters partner for any reason, except that lack of cooperation with the 
Internal Revenue Service by the general partner with the largest profits 
interest is not a basis for finding that the partner cannot perform the 
functions of a tax matters partner.
    (p) Commissioner's selection of the tax matters partner--(1) When 
the general partner with the largest profits interest is not apparent. 
If it is impracticable under paragraph (o)(1) of this section to apply 
the largest-profits-interest rule of paragraph (m)(2) of this section, 
the Commissioner will select (in accordance with the notification 
procedures set forth in paragraph (r) of this section) as the tax 
matters partner any person who was a general partner at any time during 
the taxable year under examination.
    (2) When each general partner is deemed to have no profits interest 
in the partnership. If it is impracticable under paragraph (o)(2) of 
this section to apply

[[Page 210]]

the largest-profits-interest rule of paragraph (m)(2) of this section, 
the Commissioner will select a partner (including a general or limited 
partner) as the tax matters partner in accordance with the criteria set 
forth in paragraph (q) of this section. The Commissioner will notify 
both the partner selected and the partnership of the selection, 
effective as of the date specified in the notice. For regulations 
applicable on or after January 26, 1999 (reflecting statutory changes 
made effective July 22, 1998) and before January 25, 2002, see Sec. 
301.6231(a)(7)-1T(p)(2).
    (2) When each general partner is deemed to have no profits interest 
in the partnership. If it is impracticable under paragraph (o)(2) of 
this section to apply the largest-profits-interest rule of paragraph 
(m)(2) of this section, the Commissioner will select a partner 
(including a general or limited partner) as the tax matters partner in 
accordance with the criteria set forth in paragraph (q) of this section. 
The Commissioner will notify, within 30 days of the selection, the 
partner selected, the partnership, and all partners required to receive 
notice under section 6223(a) of the selection of the tax matters 
partner, effective as of the date specified in the notice.
    (3) When the general partner with the largest profits interest is 
disqualified--(i) In general. Except as otherwise provided in paragraph 
(p)(3)(ii) of this section, if it is impracticable under paragraph 
(o)(3) of this section to apply the largest-profits-interest rule of 
paragraph (m)(2) of this section, the Commissioner will treat each 
general partner who fits the criteria contained in paragraph (o)(3) of 
this section as having no profits interest in the partnership for the 
taxable year and will select (in accordance with the notification 
procedures set forth in paragraph (r) of this section) a tax matters 
partner from the remaining persons who were general partners at any time 
during the taxable year.
    (ii) Partner selected if no general partner may be selected. If all 
general partners during the taxable year either are treated as having no 
profits interest in the partnership for the taxable year under paragraph 
(m)(3) of this section (concerning termination of a designation under 
the largest-profits-interest rule) or are described in paragraph (o)(3) 
of this section (general partner with the largest profits interest is 
disqualified), the Commissioner will select a partner (including a 
general or limited partner) as the tax matters partner in accordance 
with the criteria set forth in paragraph (q) of this section. The 
Commissioner will notify both the partner selected and the partnership 
of the selection, effective as of the date specified in the notice.
    (q) Criteria for selecting a partner as tax matters partner--(1) In 
general. The Commissioner will select a partner as the tax matters 
partner under paragraph (p) (2) or (3)(ii) of this section only if the 
partner was a partner in the partnership at the close of the taxable 
year under examination.
    (2) Criteria to be considered. The Commissioner may consider the 
following criteria in selecting a partner as the tax matters partner:
    (i) The general knowledge of the partner in tax matters and the 
administrative operation of the partnership.
    (ii) The partner's access to the books and records of the 
partnership.
    (iii) The profits interest held by the partner.
    (iv) The views of the partners having a majority interest in the 
partnership regarding the selection.
    (v) Whether the partner is a partner of the partnership at the time 
the tax-matters-partner selection is made.
    (vi) Whether the partner is a United States person (within the 
meaning of section 7701(a)(30)).
    (3) Limited restriction on subsequent designation of a tax matters 
partner by the partnership. For purposes of paragraphs (p) (2) and 
(3)(ii) of this section, the partnership cannot designate a partner who 
is not a general partner to serve as tax matters partner in lieu of a 
partner selected by the Commissioner.
    (r) Notification of partnership--(1) In general. If the Commissioner 
selects a tax matters partner under the provisions of paragraph (p)(1) 
or (p)(3)(i) of this section, the Commissioner will notify, within 30 
days of the selection, the partner selected, the partnership,

[[Page 211]]

and all partners required to receive notice under section 6223(a) of the 
selection of the tax matters partner, effective as of the date specified 
in the notice.
    (2) Limited opportunity for partnership to designate the tax matters 
partner. (i) Before the Commissioner selects a tax matters partner under 
paragraphs (p) (1) and (3)(i) of this section, the Commissioner will 
notify the partnership by mail that, after 30 days from the date of the 
notice, the Commissioner will make a determination that it is 
impracticable to apply the largest-profits-interest rule of paragraph 
(m)(2) of this section and will select the tax matters partner unless a 
prior designation is made by the partnership. This delay in making the 
determination will permit the partnership to designate a tax matters 
partner under paragraph (e) of this section (designation by general 
partners with a majority interest) or paragraph (f) of this section 
(designation by partners with a majority interest under certain 
circumstances), thereby avoiding a selection made by the Commissioner.
    (ii) During the 30-day period and prior to a tax-matters-partner 
designation by the partnership, the Commissioner will communicate with 
the partnership by sending all correspondence or notices to ``The Tax 
Matters Partner'' in care of the partnership at the partnership's 
address.
    (iii) Any subsequent designation of a tax matters partner by the 
partnership after the 30-day period will become effective as provided 
under paragraph (k)(2) of this section (concerning designations made 
after a notice of beginning of administrative proceeding is mailed).
    (s) Effective date. This section applies to all designations, 
selections, and terminations of a tax matters partner occurring on or 
after December 23, 1996, except for paragraphs (p)(2) and (r)(1), that 
are applicable on or after October 4, 2001.

[T.D. 8698, 61 FR 67459, Dec. 23, 1996, as amended by T.D. 8808, 64 FR 
3840, Jan. 26, 1999; T.D. 8965, 66 FR 50558, Oct. 4, 2001]



Sec. 301.6231(a)(7)-2  Designation or selection of tax matters partner for a 

limited liability company (LLC).

    (a) In general. Solely for purposes of applying section 6231(a)(7) 
and Sec. 301.6231(a)(7)-1 to an LLC, only a member-manager of an LLC is 
treated as a general partner, and a member of an LLC who is not a 
member-manager is treated as a partner other than a general partner.
    (b) Definitions--(1) LLC. Solely for purposes of this section, LLC 
means an organization--
    (i) Formed under a law that allows the limitation of the liability 
of all members for the organization's debts and other obligations within 
the meaning of Sec. 301.7701-3(b)(2)(ii); and
    (ii) Classified as a partnership for Federal tax purposes.
    (2) Member. Solely for purposes of this section, member means any 
person who owns an interest in an LLC.
    (3) Member-manager. Solely for purposes of this section, member-
manager means a member of an LLC who, alone or together with others, is 
vested with the continuing exclusive authority to make the management 
decisions necessary to conduct the business for which the organization 
was formed. Generally, an LLC statute may permit the LLC to choose 
management by one or more managers (whether or not members) or by all of 
the members. If there are no elected or designated member-managers (as 
so defined in this paragraph (b)(3)) of the LLC, each member will be 
treated as a member-manager for purposes of this section.
    (c) Effective date. This section applies to all designations, 
selections, and terminations of a tax matters partner of an LLC 
occurring on or after December 23, 1996. Any other reasonable 
designation or selection of a tax matters partner of an LLC is binding 
for periods prior to December 23, 1996.

[T.D. 8698, 61 FR 67462, Dec. 23, 1996]



Sec. 301.6231(a)(12)-1  Special rules relating to spouses.

    (a) Spouses holding a joint interest--(1) In general. Except as 
otherwise provided in this section, spouses holding a joint interest in 
a partnership shall be treated as separate partners for purposes of 
subchapter C of chapter 63 of

[[Page 212]]

the Internal Revenue Code. Thus, both spouses may participate in 
administrative and judicial proceedings. The term joint interest 
includes tenancies in common, joint tenancies, tenancies by the 
entirety, and community property.
    (2) Identification of joint interest. For purposes of this section, 
an interest shall be treated as a joint interest in a partnership only 
if both spouses are identified on the partnership return or are 
identified as partners entitled to notice as provided in Sec. 
301.6223(c)-1(b).
    (3) Failure to identify both spouses as partners. If both spouses 
are not identified as set forth in paragraph (a)(2) of this section, 
then the partnership interest shall be treated as separately owned by 
the identified spouse.
    (4) Example. The following example illustrates the application of 
paragraph (a)(3) of this section:

    Example. Wife owns an interest in ABC Partnership and is identified 
on the Schedule K-1 of the partnership return. Wife and Husband live in 
a community property state. The partnership return of ABC partnership 
does not identify Husband, and Husband is not identified as a partner 
entitled to notice as provided in Sec. 301.6223(c)-1(b). Pursuant to 
paragraph (a)(3) of this section, the partnership interest of Wife shall 
be treated as separately owned by Wife.

    (b) Notice and counting rules--(1) In general. Except as provided in 
paragraph (b)(2) of this section, for purposes of applying section 6223 
(relating to notice to partners of proceedings) and section 
6231(a)(1)(B) (relating to the exception for small partnerships), 
spouses holding a joint interest in a partnership shall be treated as 
one partner. Except as provided in paragraph (b)(2) of this section, the 
Internal Revenue Service or the tax matters partner may send any 
required notice to either spouse.
    (2) Identified spouse entitled to notice. For purposes of applying 
section 6223 (relating to notice to partners of proceeding) for a 
partnership taxable year, an individual who holds a joint interest in a 
partnership with a spouse who is entitled to notice under section 6223 
shall be entitled to receive separate notice under section 6223 if such 
individual--
    (i) Is identified as a partner on the partnership return for that 
taxable year; or
    (ii) Is identified as a partner entitled to notice as provided in 
Sec. 301.6223(c)-1(b).
    (c) Conversion of partnership items--(1) In general. If spouses 
holding a joint interest in a partnership are treated as separate 
partners under this section, then section 6231(b) (relating to the 
conversion of partnership items) shall be applied separately to each 
spouse.
    (2) Example. The following example illustrates the application of 
paragraph (c) of this section:

    Example. Husband and Wife own a joint interest in XYZ Partnership. 
The partnership return identifies both spouses on the Schedule K-1. 
Under this section, each spouse is treated as a separate partner. If 
Wife enters into a settlement agreement, Wife's partnership items 
convert to nonpartnership items pursuant to section 6231(b)(1)(C). 
Accordingly, Wife no longer has the right to participate in the 
partnership proceeding subsequent to entering into the settlement 
agreement. Pursuant to paragraph (c) of this section, however, the 
partnership items of Husband are not affected by the conversion of the 
partnership items of Wife, and Husband continues to have the right to 
participate in the partnership proceeding. This result is the same 
regardless of whether the partnership items are reported on a joint 
return or on separate returns.

    (d) Cross-reference. See Sec. 301.6231(a)(2)-1(a) for special rules 
relating to spouses who file joint returns with individuals holding a 
separate interest in a partnership.
    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(a)(12)-1T contained in 26 
CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50559, Oct. 4, 2001]



Sec. 301.6231(c)-1  Special rules for certain applications for tentative carryback and 

refund adjustments based on partnership losses, deductions, or credits.

    (a) Application subject to this section. This section applies in the 
case of an application under section 6411 (relating to tentative 
carryback and refund adjustments) based on losses, deductions,

[[Page 213]]

or credits of a partnership if the Commissioner, or the Commissioner's 
delegate, determines, after review of the available relevant 
information, that it is highly likely that a person described in section 
6700(a)(1) made, with respect to the partnership--
    (1) A gross valuation overstatement; or
    (2) A false or fraudulent statement with respect to the tax benefits 
to be secured by reason of holding an interest in the partnership that 
would be subject to a penalty under section 6700 (relating to penalty 
for promoting abusive tax shelters, etc.). This section applies only 
with respect to an application based upon the original reporting on the 
partner's income tax return of partnership losses, deductions, or 
credits. Thus, this section does not apply to a request for 
administrative adjustment under section 6227 through which a partner 
seeks to change the partner's reporting of partnership items on the 
partner's income tax return (or on an earlier request for administrative 
adjustment).
    (b) Determination of special enforcement area. In the case of an 
application under section 6411 described in paragraph (a) of this 
section, precluding an assessment under section 6225 that would be 
permitted under section 6213(b)(3) (relating to assessments arising out 
of tentative carryback or refund adjustments) with respect to any amount 
applied, credited, or refunded as a result of the application may 
encourage the proliferation of abusive tax shelter partnerships and make 
the eventual collection of taxes due more difficult. Consequently, the 
Secretary hereby determines that such applications present special 
enforcement considerations within the meaning of section 6231(c)(1)(E).
    (c) Assessment permitted under section 6213(b)(3). Notwithstanding 
section 6225 (relating to restrictions on assessment with respect to 
partnership items), an assessment that would be permitted under section 
6213(b)(3) with respect to any amount applied, credited, or refunded as 
a result of an application described in paragraph (a) of this section 
may be made before there is a final partnership-level determination with 
respect to the losses, deductions, or credits on which the application 
is based. As provided in section 6213(b)(1), the Internal Revenue 
Service shall mail notice of any such assessment to the partner filing 
the application. The notice shall also inform the partner of the 
partner's limited right to elect to treat items as nonpartnership items 
as provided in paragraph (d) of this section.
    (d) Limited right to elect to treat items as nonpartnership items--
(1) In general. A partner to whom the Internal Revenue Service mails a 
notice of suspension of action on a refund claim under paragraph (c) of 
this section may elect in accordance with this paragraph (d) to have all 
partnership items for the partnership taxable year in which the losses, 
deductions, or credits at issue arose treated as nonpartnership items.
    (2) Time and place of making election. The election shall be made by 
filing a statement with the Internal Revenue Service office that mailed 
the notice of suspension. The statement may be filed at any time--
    (i) After the date which is one year after the date on which the 
partnership return was filed for the partnership taxable year in which 
the items at issue arose; and
    (ii) Before the date on which the Internal Revenue Service mails to 
the tax matters partner the notice of final partnership administrative 
adjustment for the partnership taxable year in which the items at issue 
arose. For purposes of this paragraph (d)(2), a partnership return filed 
before the last day prescribed by law for its filing (determined without 
regard to extensions) shall be treated as filed on the last day.
    (3) Contents of the statement. The statement shall--
    (i) Be clearly identified as an election to have partnership items 
treated as nonpartnership items because of notification of an assessment 
under section 6213(b)(3);
    (ii) Identify the partnership by name, address, and taxpayer 
identification number;
    (iii) Identify the partner making the election by name, address, and 
taxpayer identification number;
    (iv) Specify the partnership taxable year to which the election 
applies; and

[[Page 214]]

    (v) Be signed by the partner making the election.
    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50559, Oct. 4, 2001]



Sec. 301.6231(c)-2  Special rules for certain refund claims based on losses,

deductions, or credits from abusive tax shelter partnerships.

    (a) Claims subject to this section. This section applies in the case 
of a claim for credit or refund based on losses, deductions or credits 
of a partnership if the Commissioner, or the Commissioner's delegate, 
determines, after review of available relevant information, that it is 
highly likely that a person described in section 6700(a)(1) made, with 
respect to the partnership--
    (1) A gross valuation overstatement; or
    (2) A false or fraudulent statement with respect to the tax benefits 
to be secured by reason of holding an interest in the partnership that 
would be subject to a penalty under section 6700 (relating to penalty 
for promoting abusive tax shelters, etc.). This section applies only 
with respect to a claim that is based upon the partner's original 
reporting on the partner's income tax return of partnership losses, 
deductions, or credits. Thus, this section does not apply to a request 
for administrative adjustment under section 6227 through which a partner 
seeks to change the partner's reporting of partnership items on the 
partner's income tax return (or on an earlier request for administrative 
adjustment). For purposes of this section, any income tax return 
requesting a credit or refund shall be treated as a claim for a credit 
or refund.
    (b) Determination of special enforcement area. Granting a claim for 
credit or refund described in paragraph (a) of this section may 
encourage the proliferation of abusive tax shelter partnerships and make 
the eventual collection of taxes more difficult. Consequently, the 
Secretary hereby determines that such claims present special enforcement 
considerations within the meaning of section 6231(c)(1)(E).
    (c) Action on refund claims suspended. In the case of a claim 
described in paragraph (a) of this section, the Internal Revenue Service 
may mail to the partner filing the claim a notice stating that no action 
will be taken on the partner's claim until the completion of the 
partnership-level proceedings. The notice shall also inform the partner 
of the partner's limited right to elect to treat items as nonpartnership 
items as provided in paragraph (d) of this section.
    (d) Limited right to elect to treat items as nonpartnership items--
(1) In general. A partner to whom the Internal Revenue Service mails a 
notice of suspension under paragraph (c) of this section may elect in 
accordance with this paragraph (d) to have all partnership items for the 
partnership taxable year in which the losses, deductions, or credits at 
issue arose treated as nonpartnership items.
    (2) Time and place of making election. The election shall be made by 
filing a statement with the Internal Revenue Service office that mailed 
the notice of suspension. The statement may be filed at any time--
    (i) After the date which is one year after the date on which the 
partnership return was filed for the partnership taxable year in which 
the items at issue arose; and
    (ii) Before the date on which the Internal Revenue Service mails to 
the tax matters partner the notice of final partnership administrative 
adjustment for the partnership taxable year in which the items at issue 
arose. For purposes of this paragraph (d)(2), a partnership return filed 
before the last day prescribed by law for its filing (determined without 
regard to extensions) shall be treated as filed on the last day.
    (3) Contents of the statement. The statement shall--
    (i) Be clearly identified as an election to have partnership items 
treated as nonpartnership items because of notification of suspension of 
action on a refund claim;
    (ii) Identify the partnership by name, address, and taxpayer 
identification number;

[[Page 215]]

    (iii) Identify the partner making the election by name, address, and 
taxpayer identification number;
    (iv) Specify the partnership taxable year to which the election 
applies; and
    (v) Be signed by the partner making the election.
    (e) Effective date. This section applies with respect to any claim 
described in paragraph (a) of this section that is filed on or after 
October 4, 2001. For claims filed prior to October 4, 2001, see Sec. 
301.6231(c)-2T contained in 26 CFR part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50560, Oct. 4, 2001]



Sec. 301.6231(c)-3  Limitation on applicability of Sec. Sec. 301.6231(c)-4 through 301.6231(c)-8.

    (a) In general. A provision of Sec. Sec. 301.6231(c)-4 through 
301.6231(c)-8 shall not apply with respect to partnership items arising 
in a partnership taxable year if, as of the date on which those items 
would otherwise begin to be treated as nonpartnership items under that 
provision--
    (1) A notice of final partnership administrative adjustment with 
respect to those items has been mailed to the tax matters partner; and
    (2) Either--
    (i) The period during which an action with respect to that final 
partnership administrative adjustment may be brought under section 6226 
has expired and no such action has been brought; or
    (ii) The decision of the court in an action brought under section 
6226 with respect to that final partnership administrative adjustment 
has become final.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-3T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50560, Oct. 4, 2001]



Sec. 301.6231(c)-4  Termination and jeopardy assessment.

    (a) In general. The treatment of items as partnership items with 
respect to a partner against whom an assessment of income tax under 
section 6851 (termination assessment) or section 6861 (jeopardy 
assessment) is made will interfere with the effective and efficient 
enforcement of the internal revenue laws. Accordingly, partnership items 
of such a partner arising in any partnership taxable year ending with or 
within the partner's taxable year for which an assessment of income tax 
under section 6851 or 6861 is made shall be treated as nonpartnership 
items as of the moment before such assessment is made.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-4T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50561, Oct. 4, 2001]



Sec. 301.6231(c)-5  Criminal investigations.

    (a) In general. The treatment of items as partnership items with 
respect to a partner under criminal investigation for violation of the 
internal revenue laws relating to income tax will interfere with the 
effective and efficient enforcement of the internal revenue laws. 
Accordingly, partnership items of such a partner arising in any 
partnership taxable year ending on or before the last day of the latest 
taxable year of the partner to which the criminal investigation relates 
shall be treated as nonpartnership items as of the date on which the 
partner is notified that the partner is the subject of a criminal 
investigation and written notification is sent by the Internal Revenue 
Service that the partner's partnership items shall be treated as 
nonpartnership items. The partnership items of a partner who is notified 
that the partner is the subject of a criminal investigation shall not be 
treated as nonpartnership items under this section unless and until such 
partner is sent written notification from the Internal Revenue Service 
of such treatment.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-5T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50561, Oct. 4, 2001]

[[Page 216]]



Sec. 301.6231(c)-6  Indirect method of proof of income.

    (a) In general. The treatment of items as partnership items with 
respect to a partner whose taxable income is determined by use of an 
indirect method of proof of income will interfere with the effective and 
efficient enforcement of the internal revenue laws. Accordingly, 
partnership items of such a partner arising in any partnership taxable 
year ending on or before the last day of the taxable year of the partner 
for which a deficiency notice based upon an indirect method of proof of 
income is mailed to the partner shall be treated as nonpartnership items 
as of the date on which that deficiency notice is mailed to the partner.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-6T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50561, Oct. 4, 2001]



Sec. 301.6231(c)-7  Bankruptcy and receivership.

    (a) Bankruptcy. The treatment of items as partnership items with 
respect to a partner named as a debtor in a bankruptcy proceeding will 
interfere with the effective and efficient enforcement of the internal 
revenue laws. Accordingly, partnership items of such a partner arising 
in any partnership taxable year ending on or before the last day of the 
latest taxable year of the partner with respect to which the United 
States could file a claim for income tax due in the bankruptcy 
proceeding shall be treated as nonpartnership items as of the date the 
petition naming the partner as debtor is filed in bankruptcy.
    (b) Receivership. The treatment of items as partnership items with 
respect to a partner for whom a receiver has been appointed in any 
receivership proceeding before any court of the United States or of any 
State or the District of Columbia will interfere with the effective and 
efficient enforcement of the internal revenue laws. Accordingly, 
partnership items of such a partner arising in any partnership taxable 
year ending on or before the last day of the latest taxable year of the 
partner with respect to which the United States could file a claim for 
income tax due in the receivership proceeding shall be treated as 
nonpartnership items as of the date a receiver is appointed in any 
receivership proceeding before any court of the United States or of any 
State or the District of Columbia.
    (c) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-7T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50561, Oct. 4, 2001]



Sec. 301.6231(c)-8  Prompt assessment.

    (a) In general. The treatment of items as partnership items with 
respect to a partner on whose behalf a request for a prompt assessment 
of tax under section 6501(d) is filed will interfere with the effective 
and efficient enforcement of the internal revenue laws. Accordingly, 
partnership items of such a partner arising in any partnership taxable 
year ending with or within any taxable year of the partner with respect 
to which a request for a prompt assessment of tax is filed shall be 
treated as nonpartnership items as of the date that the request is 
filed.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(c)-8T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50561, Oct. 4, 2001]



Sec. 301.6231(d)-1  Time for determining profits interest of partners for

purposes of sections 6223(b) and 6231(a)(11).

    (a) Partner owns interest at close of year. For purposes of section 
6223(b) (relating to special rules for partnerships with more than 100 
partners) and section 6231(a)(11) (relating to 5-percent groups), except 
as otherwise provided in this section, the profits interest held by a 
partner, directly or indirectly

[[Page 217]]

through one or more pass-thru partners, in a partnership (the source 
partnership) to which subchapter C of chapter 63 of the Internal Revenue 
Code applies shall be determined at the close of the source 
partnership's taxable year.
    (b) Partner does not own interest at close of year. If the entire 
direct and indirect interest of a partner in a source partnership is 
terminated by virtue of a disposition by such partner of such interest 
(or by virtue of the disposition of an interest held by one or more 
pass-thru partners through which the partner holds an interest), then 
the profits interest of such partner in the source partnership shall be 
measured as of the moment before the disposition causing such 
termination. The preceding sentence shall not apply with respect to a 
termination if subsequent to such termination and before the close of 
the source partnership's taxable year the partner acquires a direct or 
indirect interest in the source partnership.
    (c) Disposition of last remaining portion of interest is disposition 
of entire interest. If a partner (or a pass-thru partner through which a 
partner holds an interest) makes several partial dispositions of an 
interest in a source partnership during a taxable year of the source 
partnership, paragraph (b) of this section will apply with respect to 
the disposition which causes a termination of the partner's entire 
direct and indirect interest in the source partnership.
    (d) No profits interest in certain cases. If--
    (1) The interest of a partner in a partnership is entirely disposed 
of before the close of the taxable year of the partnership; and
    (2) No items of the partnership for that taxable year are required 
to be taken into account by the partner, then that partner has no 
profits interest in the partnership for that taxable year.
    (e) Examples. The provisions of this section may be illustrated by 
the following examples. Assume in all examples that there have been no 
reacquisitions prior to the close of the source partnership's taxable 
year. The examples are as follows:

    Example 1. B holds an interest in partnership P through T, a pass-
thru partner. P uses a fiscal year ending June 30 as P's taxable year; B 
and T use the calendar year as the taxable year. As of the close of P's 
taxable year ending June 30, 2002, T holds an interest in P and B holds 
an interest in P through T. The profits interest held by B in P through 
T for that year is determined as of June 30, 2002.
    Example 2. Assume the same facts as in Example 1, except that B sold 
the entire interest that B held in P through T on November 5, 2001. The 
profits interest held by B in P through T for P's taxable year ending 
June 30, 2002, is determined as of the moment before the sale on 
November 5, 2001.
    Example 3. C holds an interest in partnership P through T, a pass-
thru partner. C, P, and T all use the calendar year as the taxable year. 
T disposes of T's interest in P on June 5, 2002. The profits interest 
held by C in P through T for 2002 is determined as of the moment before 
the disposition on June 5, 2002.
    Example 4. Assume the same facts as in Example 3, except that C sold 
C's entire interest in T (and, therefore, C's entire interest that C 
held in P through T) on March 15, 2002. The profits interest held by C 
in P through T for 2002 is determined as of the moment before the sale 
on March 15, 2002.
    Example 5. On January 1, 2002, D held a 2 percent profits interest 
in partnership P. Both D and P use the calendar year as the taxable 
year. On August 1, 2002, D transfers three-fourths of D's profits 
interest in P to E. On September 1, 2002, D sells D's remaining .5 
percent profits interest in P to F. For purposes of sections 6223(b) and 
6231(a)(11), D had a .5 percent profits interest in P for 2002.
    Example 6. Assume the same facts as in Example 5, except that on 
January 1, 2002, D also held a 1 percent profits interest in partnership 
P through T, a pass-thru partner which also uses the calendar year as 
the taxable year. In addition to the sale to E on August 1, 2002, D sold 
a portion of D's interest in T on December 1, 2002, such that after the 
sale, D held a .2 percent profits interest in P through T. D made no 
other transfers of interests in either P or T. For purposes of sections 
6223(b) and 6231(a)(11), D had a .7 percent profits interest in P for 
2002.

    (f) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(d)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50562, Oct. 4, 2001]

[[Page 218]]



Sec. 301.6231(e)-1  Effect of a determination with respect 

to a nonpartnership item on the determination of a partnership item.

    (a) In general. The determination of an item after it has become a 
nonpartnership item with respect to a partner is not controlling in the 
determination of that item with respect to other partners. Thus, for 
example, the determination by a court in a separate proceeding relating 
to a partner that a certain partnership expenditure was deductible does 
not bind either the Internal Revenue Service or the other partners in a 
later partnership or other proceeding.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(e)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50562, Oct. 4, 2001]



Sec. 301.6231(e)-2  Judicial decision not a bar to certain adjustments.

    (a) In general. A court decision with respect to a partner's income 
tax liability attributable to nonpartnership items shall not be a bar to 
further proceedings with respect to that partner's income tax liability 
if that partner's partnership items become nonpartnership items after 
the appropriate time to include such nonpartnership items in the earlier 
court proceeding has passed. Thus, the Internal Revenue Service could 
issue a later deficiency notice for the same taxable year with respect 
to that partner or that partner could bring a refund suit with respect 
to those items that have become nonpartnership items.
    (b) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(e)-2T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50562, Oct. 4, 2001]



Sec. 301.6231(f)-1  Disallowance of losses and credits in certain cases.

    (a) Application of section. This section applies if--
    (1) A partnership, whether domestic or foreign, that is required to 
file a return under section 6031 for a taxable year fails to file the 
return within the time prescribed; and
    (2) At any time after the close of that taxable year, either--
    (i) The tax matters partner of that partnership resides outside the 
United States; or
    (ii) The books and records of that partnership are maintained 
outside the United States.
    (b) Computational adjustment permitted if return is not filed after 
mailing of notice. Except as otherwise provided in paragraph (c) of this 
section, if--
    (1) This section applies with respect to a partnership for a 
partnership taxable year;
    (2) The Internal Revenue Service mails notice to a partner that the 
losses and credits arising from that partnership for that year will be 
disallowed to that partner unless the partnership files a return for 
that year within 60 days after the date on which the notice is mailed; 
and
    (3) The partnership fails to file a return for that year within that 
60-day period, the Internal Revenue Service may, without conducting a 
partnership-level proceeding, mail a notice of computational adjustment 
to that partner to reflect the disallowance of any loss (including a 
capital loss) or credit arising from that partnership for that year.
    (c) Restriction on notices under paragraph (b) of this section. 
Neither the notice referred to in paragraph (b)(2) of this section nor 
the notice of computational adjustment referred to in paragraph (b) of 
this section may be mailed on a day on which--
    (1) The tax matters partner of the partnership resides within the 
United States; and
    (2) The books and records of the partnership are maintained within 
the United States. Thus, if this section applies with respect to a 
partnership for a taxable year solely because the tax matters partner of 
that partnership resided outside the United States for a period after 
the close of that taxable year and the tax matters partner later takes 
up residence within the United States, no notice may be mailed under 
paragraph (b) of this section while the

[[Page 219]]

tax matters partner resides within the United States.
    (d) No disallowance in certain circumstances. If the person to whom 
the notice referred to in paragraph (b)(2) of this section is mailed 
establishes to the satisfaction of the Internal Revenue Service--
    (1) That the losses and credits arising from the partnership for the 
year are proper; and
    (2) That the partner has made a good faith effort to have the 
partnership file the required return; the Internal Revenue Service may 
allow the losses and credits in whole or in part.
    (e) Effective date. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6231(f)-1T contained in 26 CFR 
part 1, revised April 1, 2001.

[T.D. 8965, 66 FR 50563, Oct. 4, 2001]



Sec. 301.6233-1  Extension to entities filing partnership returns.

    (a) Entities filing a partnership return. Except as provided in 
paragraph (c)(1) of this section, the provisions of subchapter C of 
chapter 63 of the Internal Revenue Code (subchapter C) and the 
regulations thereunder shall apply with respect to any taxable year of 
an entity for which such entity files a partnership return as well as to 
such entity's items for that taxable year and to any person holding an 
interest in such entity at any time during that taxable year. Any final 
partnership administrative adjustment or judicial determination 
resulting from a proceeding under subchapter C with respect to such 
taxable year may include a determination that the entity is not a 
partnership for such taxable year as well as determinations with respect 
to all items of the entity that would be partnership items, as defined 
in section 6231(a)(3) and the regulations thereunder, if such entity had 
been a partnership in such taxable year (including, for example, any 
amounts taxable to an entity determined to be an association taxable as 
a corporation). For example, a final determination under subchapter C 
that an entity that filed a partnership return is an association taxable 
as a corporation will serve as a basis for a computational adjustment 
reflecting the disallowance of any loss or credit claimed by a purported 
partner with respect to that entity.
    (b) Partnership return filed but no entity found to exist. Paragraph 
(a) of this section shall apply where a partnership return is filed for 
a taxable year but it is determined that there is no entity for such 
taxable year. For purposes of applying paragraph (a) of this section, 
the partnership return shall be treated as if it were filed by an 
entity. However, any final partnership administrative adjustment or 
judicial determination resulting from a proceeding under subchapter C 
with respect to such taxable year may also include a determination that 
there is no entity for such taxable year.
    (c) Exceptions. Paragraph (a) of this section shall not apply to--
    (1) Entities for any taxable year in which such entity would be 
excepted from the provisions of subchapter C of the Internal Revenue 
Code under section 6231(a)(1)(B) and the regulations thereunder 
(relating to the exception for small partnerships) if such entity were a 
partnership for such taxable year; and
    (2) Entities for any taxable year for which a partnership return was 
filed for the sole purpose of making the election described in section 
761(a).
    (d) Effective dates. This section is applicable to partnership 
taxable years beginning on or after October 4, 2001. For years beginning 
prior to October 4, 2001, see Sec. 301.6233-1T contained in 26 CFR part 
1, revised April 1, 2001.

[T.D. 8965, 66 FR 50563, Oct. 4, 2001]



Sec. 301.6241-1T  Tax treatment determined at corporate level.

    (a) In general. For a taxable year of an S corporation beginning 
after December 31, 1982, a shareholder's treatment of a subchapter S 
item (as defined in Sec. 301.6245-1T) on the shareholder's return may 
not be changed except as provided in sections 6241-6245 of the Code and 
the regulations thereunder. Thus, for example, if a shareholder treats 
an item on the shareholder's return consistently with the treatment of 
that item on the S corporation return, the Internal Revenue Service 
generally cannot adjust the treatment of that item on the shareholder's 
return except

[[Page 220]]

through a corporate-level proceeding. Similarly, the shareholder may not 
put a subchapter S item in issue in a proceeding relating to 
nonsubchapter S items. For example, the shareholder may not offset a 
potential increase in taxable income based on changes in nonsubchapter S 
items by a potential decrease based on subchapter S items.
    (b) Restrictions inapplicable after items become nonsubchapter S 
items. Section 6241 and paragraph (a) of this section cease to apply to 
items arising from an S corporation with respect to a shareholder when 
those items cease to be subchapter S items with respect to that 
shareholder under section 6231(b)(1) (as extended to and made applicable 
to subchapter S items under section 6244).
    (c) S corporation--(1) In general. For purposes of subchapter D of 
chapter 63 of the Code, except as provided in paragraph (c)(2) of this 
section, the term ``S corporation'' means any corporation required to 
file a return under section 6037(a).
    (2) Exception for small S corporations--(i) Effective date. This 
paragraph (c)(2) shall apply to any taxable year of an S corporation the 
due date of the return for which (determined without regard to 
extensions) is on or after January 30, 1987.
    (ii) Five or fewer shareholders. For purposes of this paragraph (c), 
an S corporation shall not include a small S corporation. A small S 
corporation is defined as an S corporation with 5 or fewer shareholders, 
each of whom is a natural person or an estate. For purposes of this 
paragraph (c)(2), a husband and wife (and their estates) are treated as 
one shareholder. If stock (owned other than by a husband and wife) is 
owned by tenants in common or joint tenants, each tenant in common or 
joint tenant is considered to be a shareholder of the corporation. The 
limitation is applied to the number of natural persons and estates that 
were shareholders at any one time during the taxable year of the 
corporation. Thus, for example, an S corporation that at no time during 
the taxable year had more than 5 shareholders may be treated as a small 
S corporation even if, because of transfers of interests in the 
corporation, 6 or more natural persons or estates owned stock in the 
corporation for some portion of the taxable year.
    (iii) Special rule. The exception provided in paragraph (c)(2)(ii) 
of this section does not apply to an S corporation for a taxable year if 
any shareholder in the corporation during that taxable year is a pass-
through shareholder. For purposes of this paragraph (c)(2)(iii), a pass-
through shareholder is--
    (A) A trust;
    (B) A nominee; or
    (C) Other similar pass-through persons through whom other persons 
have an ownership interest in the stock of the S corporation. For 
purposes of the preceding sentence, a shareholder's estate shall not be 
treated as a pass-through shareholder.
    (iv) Determination made annually. The determination of whether an S 
corporation meets the requirements for the exception under paragraph 
(c)(2)(ii) of this section shall be made for each taxable year of the 
corporation. Thus, an S corporation which does not qualify as a small S 
corporation in one taxable year may qualify as a small S corporation in 
another taxable year if the requirements for the exception under 
paragraph (c)(2)(ii) of this section are met with respect to that other 
taxable year.
    (v) Election to have subchapter D of chapter 63 apply--(A) In 
general. Notwithstanding paragraph (c)(2)(ii) of this section, a small S 
corporation may elect to have the provisions of subchapter D of chapter 
63 of the Code apply with respect to that corporation.
    (B) Method of election. A small S corporation shall make the 
election described in paragraph (c)(2)(v)(A) of this section for a 
taxable year of the corporation by attaching a statement to the 
corporate return for the first taxable year for which the election is to 
be effective. The statement shall be identified as an election under 
Sec. 301.6241-1T(c)(2)(v)(A), shall be signed by all persons who were 
shareholders of that corporation at any time during the corporate 
taxable year to which the return relates, and shall be filed at the time 
(determined with regard to any extensions of time for filing) and place 
prescribed for filing the corporate return.

[[Page 221]]

    (C) Years covered by election. The election shall be effective for 
the taxable year of the corporation to which the return relates and all 
subsequent taxable years of the corporation unless revoked with the 
consent of the Commissioner.

[T.D. 8122, 52 FR 3002, Jan. 30, 1987]



Sec. 301.6245-1T  Subchapter S items.

    (a) In general. For purposes of subtitle F of the Internal Revenue 
Code of 1986, the following items which are required to be taken into 
account for the taxable year of an S corporation under subtitle A of the 
Code are more appropriately determined at the corporate level than at 
the shareholder level and, therefore, are subchapter S items:
    (1) The S corporation aggregate and each shareholder's share of, and 
any factor necessary to determine, each of the following:
    (i) Items of income, gain, loss, deduction, or credit of the 
corporation;
    (ii) Expenditures by the corporation not deductible in computing its 
taxable income (for example, charitable contributions);
    (iii) Items of the corporation that may be tax preference items 
under section 57(a) for any shareholder;
    (iv) Items of income of the corporation that are exempt from tax;
    (v) Corporate liabilities (including determinations of the amount of 
the liability, whether the corporate liability is to a shareholder of 
the corporation, and changes from the preceding year); and
    (vi) Other amounts determinable at the corporate level with respect 
to corporate assets, investments, transactions, and operations necessary 
to enable the S corporation or the shareholders to determine--
    (A) The general business credit provided by section 38;
    (B) Recapture under section 47 of the credit provided by section 38;
    (C) Amounts at risk in any activity to which section 465 applies;
    (D) The depletion allowance under section 613A with respect to oil 
and gas wells;
    (E) Amortization of reforestation expenses under section 194;
    (F) The credit provided by section 34 for certain uses of gasoline 
and special fuels; and
    (G) The taxes imposed at the corporate level, such as the taxes 
imposed under section 56, 1374, or 1375;
    (2) Any factor necessary to determine whether the entity is an S 
corporation under section 1361, such as the number, eligibility, and 
consent of shareholders and the classes of stock;
    (3) Any factor necessary to determine whether the entity has 
properly elected to be an S corporation under section 1362 for the 
taxable year;
    (4) Any factor necessary to determine whether and when the S 
corporation election of the entity has been revoked or terminated under 
section 1362 for the taxable year (for example, the existence and amount 
of subchapter C earnings and profits, and passive investment income); 
and
    (5) Items relating to the following transactions, to the extent that 
a determination of such items can be made from determinations that the 
corporation is required to make with respect to an amount, the character 
of an amount, or the percentage of stock ownership of a shareholder in 
the corporation, for purposes of the corporation's books and records or 
for purposes of furnishing information to a shareholder:
    (i) Contributions to the corporation; and
    (ii) Distributions from the corporation.
    (b) Factors that affect the determination of subchapter S items. The 
term ``subchapter S item'' includes the accounting practices and the 
legal and factual determinations that underlie the determination of the 
existence, amount, timing, and characterization of items of income, 
credit, gain, loss, deduction, etc. Examples of these determinations 
are: The S corporation's method of accounting, taxable year, and 
inventory method; whether an election was made by the corporation; 
whether corporate property is a capital asset, section 1231 property, or 
inventory; whether an item is currently deductible or must be 
capitalized; whether corporate activities had been engaged in with the 
intent to make a profit for purposes of section 183;

[[Page 222]]

whether the corporation qualified for the credit for increasing research 
activities under section 41; and whether the corporation qualified for 
the credit for clinical testing expenses for a rare disease or condition 
under section 28.
    (c) Illustrations--(1) In general. This paragraph (c) illustrates 
the provisions of paragraph (a)(5) of this section. The determinations 
illustrated in this paragraph (c) that the corporation is required to 
make are not exhaustive; there may be additional determinations that the 
corporation is required to make which relate to a determination listed 
in paragraph (a)(5) of this section. The critical element is that the 
corporation is required to make a determination with respect to a matter 
for the purposes stated; failure by the corporation actually to make a 
determination (for example, because it does not maintain proper books 
and records) does not prevent an item from being a subchapter S item.
    (2) Contributions. For purposes of its books and records, or for 
purposes of furnishing information to a shareholder, the S corporation 
must determine:
    (i) The character of the amount received by the corporation (for 
example, whether it is a contribution, loan, or repayment of a loan);
    (ii) The amount of money received by the corporation; and
    (iii) The basis to the corporation of contributed property 
(including necessary preliminary determinations, such as the 
shareholder's basis in the contributed property).

To the extent that a determination of an item relating to a contribution 
can be made from these and similar determinations that the corporation 
is required to make, that item is a subchapter S item. To the extent 
that the determination requires other information, however, that item is 
not a subchapter S item. Such other information would include those 
factors used in determining whether there is recapture under section 47 
by the contributing shareholder of the general business credit because 
of the contribution of property in circumstances in which that 
determination is irrelevant to the corporation.
    (3) Distributions. For purposes of its books and records, or for 
purposes of furnishing information to a shareholder, the S corporation 
must determine:
    (i) The character of the amount transferred to a shareholder (for 
example, whether it is a dividend, compensation, loan, or repayment of a 
loan);
    (ii) The amount of money distributed to a shareholder;
    (iii) The fair market value of property distributed to a 
shareholder;
    (iv) The adjusted basis to the corporation of distributed property; 
and
    (v) The character of corporation property (for example, whether an 
item is inventory or a capital asset).

To the extent that a determination of an item relating to a distribution 
can be made from these and similar determinations that the corporation 
is required to make, that item is a subchapter S item. To the extent 
that the determination requires other information, however, that item is 
not a subchapter S item. Such other information would include the 
determination of a shareholder's basis in the shareholder's stock or in 
the indebtedness of the S corporation to the shareholder.
    (d) Cross reference. For the definition of subchapter S item for 
purposes of the windfall profit tax, see Sec. 51.6245-1T.
    (e) Effective date. This section shall apply to taxable years 
beginning after December 31, 1982.

[T.D. 8122, 52 FR 3003, Jan. 30, 1987]



                               Collection

                           General Provisions



Sec. 301.6301-1  Collection authority.

    The taxes imposed by the internal revenue laws shall be collected by 
district directors of internal revenue. See, however, section 6304, 
relating to the collection of certain taxes under the provisions of the 
Tariff Act of 1930 (19 U.S.C. ch. 4).



Sec. 301.6302-1  Manner or time of collection of taxes.

    (a) Employment and excise taxes. For provisions relating to the 
manner or time of collection of certain employment and excise taxes and 
deposits in

[[Page 223]]

connection with the payment thereof, see the regulations relating to the 
particular tax.
    (b) Income taxes. (1) For provisions relating to the deposits of 
income and estimated income taxes of certain corporations, see Sec. 
1.6302-1 of this chapter (Income Tax Regulations).
    (2) For provisions relating to the deposits of tax required to be 
withheld under chapter 3 of the Code on nonresident aliens and foreign 
corporations and tax-free covenant bonds, see Sec. 1.6302-2 of this 
chapter.
    (c) Effective/applicability date. This section applies to deposits 
and payments made after December 31, 2010.

[75 FR 75904, Dec. 7, 2010]



Sec. 301.6303-1  Notice and demand for tax.

    (a) General rule. Where it is not otherwise provided by the Code, 
the district director or the director of the regional service center 
shall, after the making of an assessment of a tax pursuant to section 
6203, give notice to each person liable for the unpaid tax, stating the 
amount and demanding payment thereof. Such notice shall be given as soon 
as possible and within 60 days. However, the failure to give notice 
within 60 days does not invalidate the notice. Such notice shall be left 
at the dwelling or usual place of business of such person, or shall be 
sent by mail to such person's last known address. For further guidance 
regarding the definition of last known address, see Sec. 301.6212-2.
    (b) Assessment prior to last date for payment. If any tax is 
assessed prior to the last date prescribed for payment of such tax, 
demand that such tax be paid will not be made before such last date, 
except where it is believed collection would be jeopardized by delay.

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 8939, 66 FR 2820, Jan. 
12, 2001]



Sec. 301.6305-1  Assessment and collection of certain liability.

    (a) Scope. Section 6305(a) requires the Secretary of the Treasury or 
his delegate to assess and collect amounts which have been certified by 
the Secretary of Health and Human Services as the amount of a 
delinquency determined under a court order, or an order of an 
administrative process established under State law, for support and 
maintenance of a child or of a child and the parent with whom the child 
is living. These amounts, referred to as ``child and spousal support'', 
are to be collected in the same manner and with the same powers 
exercised by the Secretary of the Treasury or his delegate in the 
collection of an employment tax which would be jeopardized by delay. 
However, where the assessment is the first assessment against an 
individual for a delinquency described in this paragraph for a 
particular individual or individuals, the collection is to be stayed for 
a period of 60 days following notice and demand. In addition, no 
interest or penalties (with the exception of the penalties imposed by 
sections 6332(c)(2) and 6657) shall be assessed or collected on the 
amounts, paragraphs (4), (6) and (8) of section 6334(a) (relating to 
property exempt from levy) shall not apply; and, there shall be exempt 
from levy so much of the salary, wages, or other income of the 
individual which is subject to garnishment pursuant to a judgment 
entered by a court for the support of his or her minor children. Section 
6305(b) provides that sole jurisdiction for any action brought to 
restrain or review assessment and collection of the certified amounts 
shall be in a State court or a State administrative agency.
    (b) Assessment and collection--(1) General rule. Upon receipt of a 
certification or recertification from the Secretary of Health and Human 
Services or his delegate under section 452(b) of title IV of the Social 
Security Act as amended (relating to collection of child and spousal 
support obligations with respect to an individual), the district 
director or his delegate shall assess and collect the certified amount 
(or recertified amount). Except as provided in paragraph (c) of this 
section, the amount so certified shall be assessed and collected in the 
same manner, with the same powers, and subject to the same limitations 
as if the amount were an employment tax the collection of which would be 
jeopardized by delay. However, the provisions of subtitle F with respect 
to assessment and collection of taxes shall not apply with respect to 
assessment and collection of a

[[Page 224]]

certified amount where such provisions are clearly inappropriate to, and 
incompatible with, the collection of certified amounts generally. For 
example, section 6861(g) which allows the Secretary or his delegate to 
abate a jeopardy assessment if he finds a jeopardy does not exist will 
not apply.
    (2) Method of assessment. An assessment officer appointed by the 
district director pursuant to Sec. 301.6203-1 to make assessments of 
tax shall also make assessments of certified amounts. The assessment of 
a certified amount shall be made by the assessment officer signing the 
summary record of assessment. The date of assessment is the date the 
summary record is signed by the assessment officer. The summary record, 
through supporting records as necessary, shall provide--
    (i) The assessed amount;
    (ii) The name, social security number, and last known address of the 
individual owing the assessed amount. For further guidance regarding the 
definition of last known address, see Sec. 301.6212-2;
    (iii) A designation of the assessed amount as a certified amount, 
together with the date on which the amount was certified and the name, 
position, and governmental address of the officer of the Department of 
Health and Human Services who certified the amount;
    (iv) The period to which the child and spousal support obligation 
represented by the certified amount relates;
    (v) The State in which was entered the court or administrative order 
giving rise to the child and spousal support obligation represented by 
the certified amount;
    (vi) The name of the person or persons to whom the child and spousal 
support obligation represented by the certified amount is owed; and
    (vii) The name of the child or children or the parent of the child 
or children for whose benefit the child and spousal support obligation 
exists.

Upon request, the individual assessed shall be furnished a copy of 
pertinent parts of this assessment which set forth the information 
listed in subdivision (i) through (vii) of this paragraph (b)(2).
    (3) Supplemental assessments and abatements. If any assessment is 
incomplete or incorrect in any material respect, the district director 
or his delegate may make a supplemental assessment or abatement but only 
for the purpose of completing or correcting the original assessment. A 
supplemental assessment will not be used as a substitute for an 
additional assessment against an individual.
    (4) Method of collection. (i) The district director or his delegate 
shall make notice and demand for immediate payment of certified amounts. 
Upon failure or refusal to pay such amounts, collection by levy shall be 
lawful without regard to the 10-day waiting period provided in section 
6331(a). However, in the case of certain first assessments, paragraph 
(c)(4) of this section provides a rule for a stay of collection for 60 
days. For purposes of collection, refunds of any internal revenue tax 
owed to the individual may be offset against a certified amount.
    (ii) The district director or his delegate shall make diligent and 
reasonable efforts to collect certified amounts as if such amounts were 
taxes. He shall have no authority to compromise a proceeding by 
collection of only part of a certified amount in satisfaction of the 
full certified amount owing. However, he may arrange for payment of a 
certified amount by installments where advisable.
    (iii) The district director or his delegate may offset the amount of 
any overpayment of any internal revenue tax (as described in section 
301.6401-1) to be refunded to the person making the overpayment by the 
amount of any past-due support (as defined in the regulations under 
section 6402) owed by the person making the overpayment. The amounts 
offset under section 6402(c) may be amounts of child and spousal support 
certified (or recertified) for collection under section 6305 and this 
section or they may be amounts of past-due support of which the 
Secretary of the Treasury has been notified under section 6402(c) and 
the regulations under that section.
    (5) Credits or refunds. In the case of any overpayment of a 
certified amount, the Secretary of the Treasury

[[Page 225]]

or his delegate, within the period of limitations for credit or refund 
of employment taxes, may credit the amount of the overpayment against 
any liability in respect of an internal revenue tax on the part of the 
individual who made the overpayment and shall refund any balance to the 
individual. However, the full amount of any overpayment collected by 
levy upon property described in paragraph (c)(2) (i), (ii), or (iii) of 
this section shall be refunded to the individual. For purposes of 
applying this subparagraph, the rules of Sec. 301.6402-2 apply where 
appropriate.
    (6) Disposition of certified amounts collected. Any certified amount 
collected shall be deposited in the general fund of the United States, 
and the officer of the Department of Health and Human Services who 
certified the amount shall be promptly notified of its collection. There 
shall be established in the Treasury, pursuant to section 452 of title 
IV of the Social Security Act as amended, a revolving fund which shall 
be available to the Secretary of Health and Human Services or his 
delegate, without fiscal year limitation, for distribution to the States 
in accordance with the provisions of section 457 of the Act. Section 
452(c)(2) of the Act appropriates to this revolving fund out of any 
monies not otherwise appropriated, amounts equal to the certified 
amounts collected under this paragraph reduced by the amounts credited 
or refunded as overpayments of the certified amounts so collected. The 
certified amounts deposited shall be transferred at least quarterly from 
the general fund of the Treasury to the revolving fund on the basis of 
estimates made by the Secretary of the Treasury or his delegate. Proper 
adjustments shall be made in the amounts subsequently transferred to the 
extent prior estimates were in excess of or less than the amounts 
required to be transferred. See, however, paragraph (c)(1) of this 
section for the special rule requiring retention in the general fund of 
certain penalties which may be collected.
    (c) Additional limitations and conditions--(1) Interest and 
penalties. No interest, penalties or additional amounts, other than 
normal and reasonable collection costs, may be assessed or collected in 
addition to the certified amount, other than the penalty imposed by 
section 6332(c)(2) for failure to surrender property subject to levy and 
the penalty imposed by section 6657 for the tender of bad checks. Any 
such penalties and collection costs, if collected, will not be treated 
as part of the certified amount and will be retained by the United 
States as a part of its general fund. No interest shall be allowed or 
paid on any overpayment of a certified amount.
    (2) Property not exempt from levy. In addition to property not 
exempt from levy under section 6334(c) and the regulations thereunder, 
the following property shall not be exempt from a levy to collect a 
certified amount:
    (i) Unemployment benefits described in section 6334(a)(4);
    (ii) Certain annuities and pension payments described in section 
6334(a)(6); or
    (iii) Salary, wages, or other income described in section 
6334(a)(8).
    (3) Property exempt from levy. In addition to property exempt from 
levy under section 6334(a) and the regulations thereunder, other than 
property described in paragraph (c)(2) (i), (ii), or (iii) of this 
section, there shall be exempt from levy to collect a certified amount 
so much of the salary, wages, or other income of an individual as is 
withheld therefrom in garnishment pursuant to judgment entered by a 
court of competent jurisdiction for the support of minor children of the 
individual.
    (4) First assessment. In the case of a first assessment against an 
individual for a certified amount in whole or part for the benefit of a 
particular child or children or the child or children and their parent, 
the collection of the certified amount shall be stayed for the period of 
60 days immediately following notice and demand as described in section 
6303. However, no other stay of the collection of a certified amount may 
be granted. Thus, the provisions of section 6863(a), relating to bonds 
to stay collection of jeopardy assessments, shall not apply to the 
collection of certified amounts.
    (5) Priority of liens. A lien for a certified amount shall be valid 
as against a lien for taxes imposed by section 6321

[[Page 226]]

only if the date of assessment of the certified amount precedes the date 
of assessment of the taxes. However, no amount collected by levy upon 
property described in paragraph (c)(2) (i), (ii), or (iii) of this 
section may be applied other than in whole or partial satisfaction of 
certified amounts. In the case of two liens for certified amounts, the 
lien for the certified amount which is first assessed shall be valid as 
against the lien for the certified amount which is later assessed.
    (6) Statute of limitations on collections. The periods of limitation 
on collection of taxes after assessment prescribed by section 6502 shall 
apply to the collection of certified (or recertified) amounts. Such 
periods of limitation with respect to a certified amount shall terminate 
upon recertification of the amount, and the period of limitation 
prescribed by section 6502 shall then apply and commence to run with 
respect to the recertified amount.
    (d) Review of assessments and collections--(1) Federal courts. No 
court of the United States established under article I or article III of 
the Constitution has jurisdiction of any legal or equitable action to 
restrain or review the assessment or collection of certified amounts by 
the district director or his delegate. See, however, paragraph (d)(3) of 
this section for the rule that the prohibition of this paragraph (d)(1) 
does not preclude courts established for the District of Columbia from 
exercising jurisdiction over certain actions.
    (2) Secretary of the Treasury. Neither the Secretary of the Treasury 
nor his delegate may subject to review the assessment or collection of 
certified amounts in any legal, equitable, or administrative proceeding.
    (3) State courts. This paragraph (d) does not preclude a State court 
or appropriate State agency, as the case may be, from exercising 
jurisdiction over a legal, equitable, or administrative action against 
the State by an individual to determine his liability for any certified 
amount assessed against him and collected, or to recover any such 
certified amount collected, under section 6305 and this section. For 
purposes of the preceding sentence, the term ``State'' includes the 
District of Columbia.
    (e) Internal Revenue regional service centers. For purposes of this 
section, the terms ``district director or his delegate'' and ``district 
director'' include the director of the Internal Revenue service center 
or his delegate, as the case may be.

(Sec. 7805, Internal Revenue Code of 1954 (68A Stat. 917; 26 U.S.C. 
7805); sec. 2332(a) of the Omnibus Budget Reconciliation Act of 1981 (95 
Stat. 357), amending sec. 464(a) of the Social Security Act (88 Stat. 
2351))

[T.D. 7576, 43 FR 59376, Dec. 20, 1978, as amended by T.D. 7808, 47 FR 
5713, Feb. 8, 1982; T.D. 8939, 66 FR 2820, Jan. 12, 2001]

                           Receipt of Payment



Sec. 301.6311-1  Payment by check or money order.

    (a) Authority to receive--(1) In general. (i) District directors, 
Service Center directors, and Compliance Center directors (director) may 
accept checks or drafts drawn on any financial institution incorporated 
under the laws of the United States or under the laws of any State, the 
District of Columbia, or any possession of the United States, or money 
orders in payment for internal revenue taxes, provided the checks, 
drafts, or money orders are collectible in United States currency at 
par, and subject to the further provisions contained in this section. 
The director may accept the checks, drafts, or money orders in payment 
for internal revenue stamps to the extent and under the conditions 
prescribed in paragraph (a)(2) of this section. A check or money order 
in payment for internal revenue taxes or internal revenue stamps should 
be made payable to the United States Treasury. A check or money order is 
payable at par only if the full amount thereof is payable without any 
deduction for exchange or other charges. As used in this section, the 
term ``money order'' means: (a) U.S. postal, bank, express, or telegraph 
money order; (b) money order issued by a domestic building and loan 
association (as defined in section 7701(a)(19)) or by a similar 
association incorporated under the laws of a possession of the United 
States; (c) a money order issued by such other organization as the 
Commissioner may designate; and

[[Page 227]]

(d) a money order described in subdivision (ii) of this subparagraph in 
cases therein described. However, the director may refuse to accept any 
personal check whenever he or she has good reason to believe that such 
check will not be honored upon presentment.
    (ii) An American citizen residing in a country with which the United 
States maintains direct exchange of money orders on a domestic basis may 
pay his tax by postal money order of such country. For a list of such 
countries, see section 171.27 of the Postal Manual of the United States.
    (iii) If one check or money order is remitted to cover two or more 
persons' taxes, the remittance should be accompanied by a letter of 
transmittal clearly identifying--
    (a) Each person whose tax is to be paid by the remittance;
    (b) The amount of the payment on account of each such person; and
    (c) The kind of tax paid.
    (2) Payment for internal revenue stamps. The director may accept 
checks, drafts, and money orders described in paragraph (a)(1) of this 
section in payment for internal revenue stamps. However, the director 
may refuse to accept any personal check whenever he or she has good 
reason to believe that such check will not be honored upon presentment.
    (b) Checks or money orders not paid--(1) Ultimate liability. The 
person who tenders any check (whether certified or uncertified, 
cashier's, treasurer's, or other form of check or draft) or money order 
in payment for taxes or stamps is not released from his or her liability 
until the check, draft, or money order is paid; and, if the check, 
draft, or money order is not duly paid, the person shall also be liable 
for all legal penalties and additions, to the same extent as if such 
check, draft, or money order had not been tendered.
    (2) Liability of financial institutions and others. If any 
certified, treasurer's, or cashier's check, or other guaranteed draft, 
or money order, is not duly paid, the United States shall have a lien 
for the amount of such check or draft upon all assets of the financial 
institution on which drawn, or for the amount of such money order upon 
the assets of the issuer thereof. The unpaid amount shall be paid out of 
such assets in preference to any other claims against such financial 
institution or issuer except the necessary costs and expenses of 
administration and the reimbursement of the United States for the amount 
expended in the redemption of the circulating notes of such financial 
institution. In addition, the Government has the right to exact payment 
from the person required to make the payment.
    (c) Payment in nonconvertible foreign currency. For rules relating 
to payment of income taxes and taxes under the Federal Insurance 
Contributions Act in nonconvertible foreign currency, see section 6316 
and the regulations thereunder.
    (d) Financial institution. For purposes of section 6311 and this 
section, financial institution includes but is not limited to--
    (1) A bank or trust company (as defined in section 581);
    (2) A domestic building and loan association (as defined in section 
7701(a)(19));
    (3) A mutual savings bank (including but not limited to a mutual 
savings bank as defined in section 591(b));
    (4) A credit union (including both state and federal credit unions, 
and including but not limited to a credit union as defined in section 
501(c)(14)); and
    (5) A regulated investment company (as defined in section 851(a)).

[32 FR 15241, Nov. 3, 1967, as amended by T.D. 7188, 37 FR 12795, June 
29, 1972; T.D. ATF-33, 41 FR 44038, Oct. 6, 1976; T.D. 8595, 60 FR 
20899, Apr. 28, 1995; T.D. 8969, 66 FR 64743, Dec. 14, 2001]



Sec. 301.6311-2  Payment by credit card and debit card.

    (a) Authority to receive--(1) Payments by credit card and debit 
card. Internal revenue taxes may be paid by credit card or debit card as 
authorized by this section. Payment of taxes by credit card or debit 
card is voluntary on the part of the taxpayer. Only credit cards or 
debit cards approved by the Commissioner may be used for this purpose, 
only the types of tax liabilities specified by the Commissioner may be 
paid by credit card or debit card, and all such payments must be made in 
the

[[Page 228]]

manner and in accordance with the forms, instructions and procedures 
prescribed by the Commissioner. All references in this section to tax 
also include interest, penalties, additional amounts, and additions to 
tax.
    (2) Payments by electronic funds transfer other than payments by 
credit card and debit card. Provisions relating to payments by 
electronic funds transfer other than payments by credit card and debit 
card are contained in section 6302 and the Treasury Regulations 
promulgated pursuant to section 6302.
    (3) Definitions--(i) Credit card means any credit card as defined in 
section 103(k) of the Truth in Lending Act (15 U.S.C. 1602(k)), 
including any credit card, charge card, or other credit device issued 
for the purpose of obtaining money, property, labor, or services on 
credit.
    (ii) Debit card means any accepted card or other means of access as 
defined in section 903(1) of the Electronic Fund Transfer Act (15 U.S.C. 
1693a(1)), including any debit card or similar device or means of access 
to an account issued for the purpose of initiating electronic fund 
transfers to obtain money, property, labor, or services.
    (b) When payment is deemed made. A payment of tax by credit card or 
debit card shall be deemed made when the issuer of the credit card or 
debit card properly authorizes the transaction, provided that the 
payment is actually received by the United States in the ordinary course 
of business and is not returned pursuant to paragraph (d)(3) of this 
section.
    (c) Payment not made--(1) Continuing liability of taxpayer. A 
taxpayer who tenders payment of taxes by credit card or debit card is 
not relieved of liability for such taxes until the payment is actually 
received by the United States and is not required to be returned 
pursuant to paragraph (d)(3) of this section. This continuing liability 
of the taxpayer is in addition to, and not in lieu of, any liability of 
the issuer of the credit card or debit card or financial institution 
pursuant to paragraph (c)(2) of this section.
    (2) Liability of financial institutions. If a taxpayer has tendered 
a payment of internal revenue taxes by credit card or debit card, the 
credit card or debit card transaction has been guaranteed expressly by a 
financial institution, and the United States is not duly paid, then the 
United States shall have a lien for the guaranteed amount of the 
transaction upon all the assets of the institution making such 
guarantee. The unpaid amount shall be paid out of such assets in 
preference to any other claims whatsoever against such guaranteeing 
institution, except the necessary costs and expenses of administration 
and the reimbursement of the United States for the amount expended in 
the redemption of the circulating notes of such institution.
    (d) Resolution of errors relating to the credit card or debit card 
account--(1) In general. Payments of taxes by credit card or debit card 
shall be subject to the applicable error resolution procedures of 
section 161 of the Truth in Lending Act (15 U.S.C. 1666), section 908 of 
the Electronic Fund Transfer Act (15 U.S.C. 1693f), or any similar 
provisions of state or local law, for the purpose of resolving errors 
relating to the credit card or debit card account, but not for the 
purpose of resolving any errors, disputes or adjustments relating to the 
underlying tax liability.
    (2) Matters covered by error resolution procedures. (i) The error 
resolution procedures of paragraph (d)(1) of this section apply to the 
following types of errors--
    (A) An incorrect amount posted to the taxpayer's account as a result 
of a computational error, numerical transposition, or similar mistake;
    (B) An amount posted to the wrong taxpayer's account;
    (C) A transaction posted to the taxpayer's account without the 
taxpayer's authorization; and
    (D) Other similar types of errors that would be subject to 
resolution under section 161 of the Truth in Lending Act (15 U.S.C. 
1666), section 908 of the Electronic Fund Transfer Act (15 U.S.C. 
1693f), or similar provisions of state or local law.
    (ii) An error described in paragraph (d)(2)(i) of this section may 
be resolved only through the procedures referred to in paragraph (d)(1) 
of this section and cannot be a basis for any claim or defense in any 
administrative or court

[[Page 229]]

proceeding involving the Commissioner or the United States.
    (3) Return of funds pursuant to error resolution procedures. 
Notwithstanding section 6402, if a taxpayer is entitled to a return of 
funds pursuant to the error resolution procedures of paragraph (d)(1) of 
this section, the Commissioner may, in the Commissioner's sole 
discretion, effect such return by arranging for a credit to the 
taxpayer's account with the issuer of the credit card or debit card or 
any other financial institution or person that participated in the 
transaction in which the error occurred.
    (4) Matters not subject to error resolution procedures. The error 
resolution procedures of paragraph (d)(1) of this section do not apply 
to any error, question, or dispute concerning the amount of tax owed by 
any person for any year. For example, these error resolution procedures 
do not apply to determine a taxpayer's entitlement to a refund of tax 
for any year for any reason, nor may they be used to pay a refund. All 
such matters shall be resolved through administrative and judicial 
procedures established pursuant to the Internal Revenue Code and the 
rules and regulations thereunder.
    (5) Section 170 of the Truth in Lending Act not applicable. Payments 
of taxes by credit card or debit card are not subject to section 170 of 
the Truth in Lending Act (15 U.S.C. 1666i) or to any similar provision 
of state or local law.
    (e) Fees or charges. The Internal Revenue Service may not impose any 
fee or charge on persons making payment of taxes by credit card or debit 
card. This section does not prohibit the imposition of fees or charges 
by issuers of credit cards or debit cards or by any other financial 
institution or person participating in the credit card or debit card 
transaction. The Internal Revenue Service may not receive any part of 
any fees that may be charged.
    (f) Authority to enter into contracts. The Commissioner may enter 
into contracts related to receiving payments of tax by credit card or 
debit card if such contracts are cost beneficial to the Government. The 
determination of whether the contract is cost beneficial shall be based 
on an analysis appropriate for the contract at issue and at a level of 
detail appropriate to the size of the Government's investment or 
interest. The Commissioner may not pay any fee or charge or provide any 
other monetary consideration under such contracts for such payments.
    (g) Use and disclosure of information relating to payment of taxes 
by credit card and debit card. Any information or data obtained directly 
or indirectly by any person other than the taxpayer in connection with 
payment of taxes by a credit card or debit card shall be treated as 
confidential, whether such information is received from the Internal 
Revenue Service or from any other person (including the taxpayer).
    (1) No person other than the taxpayer shall use or disclose such 
information except as follows--
    (i) Card issuers, financial institutions, or other persons 
participating in the credit card or debit card transaction may use or 
disclose such information for the purpose and in direct furtherance of 
servicing cardholder accounts, including the resolution of errors in 
accordance with paragraph (d) of this section. This authority includes 
the following--
    (A) Processing the credit card or debit card transaction, in all of 
its stages through and including the crediting of the amount charged on 
account of tax to the United States Treasury;
    (B) Billing the taxpayer for the amount charged or debited with 
respect to payment of the tax liability;
    (C) Collecting the amount charged or debited with respect to payment 
of the tax liability;
    (D) Returning funds to the taxpayer in accordance with paragraph 
(d)(3) of this section;
    (E) Sending receipts or confirmation of a transaction to the 
taxpayer, including secured electronic transmissions and facsimiles; and
    (F) Providing information necessary to make a payment to state or 
local government agencies, as explicitly authorized by the taxpayer 
(e.g., name, address, taxpayer identification number).
    (ii) Card issuers, financial institutions or other persons 
participating in the credit card or debit card transaction may use and 
disclose such information for the purpose and in direct

[[Page 230]]

furtherance of any of the following activities--
    (A) Assessment of statistical risk and profitability;
    (B) Transfer of receivables or accounts or any interest therein;
    (C) Audit of account information;
    (D) Compliance with federal, state, or local law; and
    (E) Cooperation in properly authorized civil, criminal, or 
regulatory investigations by federal, state, or local authorities.
    (2) Notwithstanding the provisions of paragraph (g)(1) of this 
section, use or disclosure of information relating to credit card and 
debit card transactions for purposes related to any of the following is 
not authorized--
    (i) Sale of such information (or transfer of such information for 
consideration) separate from a sale of the underlying account or 
receivable (or transfer of the underlying account or receivable for 
consideration);
    (ii) Marketing for any purpose, such as, marketing tax-related 
products or services, or marketing any product or service that targets 
those who have used a credit card or debit card to pay taxes; and
    (iii) Furnishing such information to any credit reporting agency or 
credit bureau, except with respect to the aggregate amount of a 
cardholder's account, with the amount attributable to payment of taxes 
not separately identified.
    (3) Use and disclosure of information other than as authorized by 
this paragraph (g) may result in civil liability under sections 
7431(a)(2) and (h).
    (h) Effective date. This section applies to payments of taxes made 
on and after December 14, 2001.

[T.D. 8969, 66 FR 64743, Dec. 14, 2001; 67 FR 1416, Jan. 11, 2001]



Sec. 301.6312-1  Treasury certificates of indebtedness, Treasury notes, and 

Treasury bills acceptable in payment of internal revenue taxes or stamps.

    (a) Treasury certificates of indebtedness, Treasury notes, or 
Treasury bills of any series (not including interim receipts issued by 
Federal reserve banks in lieu of definitive certificates, notes, or 
bills) may be tendered at or before maturity in payment of internal 
revenue taxes due on the date (or in payment for stamps purchased on the 
date), on which the certificates, notes, or bills mature, or in payment 
of internal revenue taxes due on a specified prior date, but only if 
such certificates, notes, or bills, according to the express terms of 
their issue, are made acceptable in payment of such taxes or for the 
purchase of stamps. If the taxes for which the certificates, notes, or 
bills are tendered in payment become due, or the stamps are purchased, 
on the same date as that on which such certificates, notes, or bills 
mature, they will be accepted at par plus accrued interest, if any, 
payable with the principal (not represented by coupons attached) in 
payment of such taxes or stamps. If the taxes for which the 
certificates, notes, or bills are tendered in payment become due, or the 
stamps are purchased, on a date prior to that on which the certificates, 
notes, or bills mature, they will be accepted at the value specified in 
the terms under which such certificates, notes, or bills were issued. 
All interest coupons attached to Treasury certificates of indebtedness 
or Treasury notes shall be detached by the taxpayer before such 
certificates or notes are tendered in payment of taxes or stamps.
    (b) Receipts given by a district director for Treasury certificates 
of indebtedness, Treasury notes, or Treasury bills received in payment 
of internal revenue taxes or for stamps as provided in this section 
shall contain an adequate description of such certificates, notes, or 
bills, and a statement of the value, including accrued interest, if any, 
payable with the principal (not represented by coupons attached), at 
which accepted, and shall show that the certificates, notes, or bills 
are tendered by the taxpayer and received by the district director, 
subject to no conditions, qualification, or reservation whatsoever, in 
payment of an amount of taxes or for stamps no greater than such value. 
Any certificate, note, or bill offered in payment of internal revenue 
taxes or for stamps subject to any condition, qualification, or 
reservation, or for any greater amount than the value at which 
acceptable in payment of taxes or stamps, as specified in

[[Page 231]]

the terms under which such certificate, note, or bill was issued, shall 
not be deemed to be duly tendered and shall be returned to the taxpayer.
    (c) For the purpose of saving taxpayers the expense of transmitting 
Treasury certificates of indebtedness, Treasury notes, or Treasury bills 
to the office of the district director in whose district the taxes are 
payable, or stamps are to be purchased, taxpayers desiring to pay taxes, 
or purchase stamps, with such certificates, notes, or bills acceptable 
in payment of taxes or for the purchase of stamps may deposit such 
certificates, notes, or bills with a Federal reserve bank or branch, or 
with the Office of the Treasurer of the United States, Treasury 
Building, Washington, D.C. In such cases, the Federal reserve bank or 
branch, or the Office of the Treasurer of the United States, shall issue 
a receipt in the name of the district director, describing the 
certificates, notes, or bills by par or dollar face amount and stating 
on the face of the receipt that the certificates, notes, or bills 
represented thereby are held by the bank or branch, or the Office of the 
Treasurer of the United States, for redemption at the value specified in 
the terms under which the certificates, notes, or bills were issued, and 
for application of the proceeds in payment of taxes due or for the 
purchase of stamps on a specified date by the taxpayer named therein.
    (d) In the case of payments of tax required to be deposited with 
Government depositaries by regulations under section 6302 of the Code, 
certificates, notes, or bills referred to in paragraph (a) of this 
section may be deposited with a Federal Reserve bank or branch, or with 
the Office of the Treasurer of the United States, in part or full 
satisfaction of such tax liability. As in the case of all remittances of 
amounts so required to be deposited, each such deposit of certificates, 
notes, or bills shall be accompanied by the appropriate deposit form in 
accordance with the regulations under section 6302. In such cases, 
notwithstanding paragraphs (b) and (c) of this section, receipts for 
such certificates, notes or bills shall no longer be issued in the name 
of the district director.



Sec. 301.6312-2  Certain Treasury savings notes acceptable in payment of certain internal revenue taxes.

    According to the express terms of their issue, the following series 
of Treasury savings notes are presently acceptable in payment of income 
taxes (current and back, personal and corporation taxes, and excess 
profits taxes) and estate and gift taxes (current and back):
    (a) Treasury Savings Notes, Series A,
    (b) Treasury Savings Notes, Series B,
    (c) Treasury Savings Notes, Series C.



Sec. 301.6313-1  Fractional parts of a cent.

    In the payment of any tax not payable by stamp, a fractional part of 
a cent shall be disregarded unless it amounts to one-half cent or more, 
in which case it shall be increased to one cent. Fractional parts of a 
cent shall not be disregarded in the computation of taxes.



Sec. 301.6314-1  Receipt for taxes.

    (a) In general. The district director or the director of a service 
center shall upon request, issue a receipt for each tax payment made 
(other than a payment for stamps sold and delivered). In addition, the 
district director or the director of a service center shall issue a 
receipt for each payment of 1 dollar or more made in cash, whether or 
not requested. In the case of payments made by check, the canceled check 
is usually a sufficient receipt. No receipt shall be issued in lieu of a 
stamp representing a tax, whether the payment is in cash or otherwise.
    (b) Duplicate receipt for payment of estate taxes. Upon request, the 
district director or the director of a service center will issue 
duplicate receipts to the person paying the estate tax, either of which 
will be sufficient evidence of such payment and entitle the executor to 
be credited with the amount by any court having jurisdiction to audit or 
settle his accounts. For definition of the term ``executor'', see 
section 2203.

[T.D. 7214, 37 FR 23176, Oct. 31, 1972]



Sec. 301.6315-1  Payments of estimated income tax.

    The payment of any installment of the estimated income tax (see 
sections

[[Page 232]]

6015 and 6016) shall be considered payment on account of the income tax 
for the taxable year for which the estimate is made. The aggregate 
amount of the payments of estimated tax should be entered upon the 
income tax return for such taxable year as payments to be applied 
against the tax shown on such return.



Sec. 301.6316-1  Payment of income tax in foreign currency.

    Subject to the provisions of Sec. Sec. 301.6316-3 to 301.6316-5, 
inclusive, that portion of the income tax which is attributable to 
amounts received by a citizen of the United States in nonconvertible 
foreign currency may be paid in such currency--
    (a) For any taxable year beginning on or after January 1, 1955, and 
before January 1, 1964, if such amounts--
    (1) Are disbursed from funds made available to a foundation or 
commission established in a foreign country pursuant to an agreement 
made under the authority of section 32(b) of the Surplus Property Act of 
1944, as amended (50 U.S.C. App. 1641(b)(2)), or reestablished under the 
authority of the Mutual Educational and Cultural Exchange Act of 1961, 
as amended (22 U.S.C. 2451);
    (2) Constitute either a grant made for authorized purposes of the 
agreement or compensation for personal services performed in the employ 
of the foundation or commission;
    (3) Are at least 75 percent of the entire amount of the grant or 
compensation; and
    (4) Are treated as income from sources without the United States 
under the provisions of sections 861 to 864, inclusive, and Sec. Sec. 
1.861-1 to 1.864, inclusive, of this chapter (Income Tax Regulations); 
and
    (b) For any taxable year beginning on or after January 1, 1964, if 
such amounts--
    (1) Are disbursed from funds made available either to a foundation 
or commission, established pursuant to an agreement made under the 
authority of section 32(b) of the Surplus Property Act of 1944, as 
amended, or to a foundation or commission established or continued 
pursuant to an agreement made under the authority of the Mutual 
Educational and Cultural Exchange Act of 1961, as amended; or are paid 
from grants made to such citizen, or to a foundation or an educational 
or other institution, under the authority of the Mutual Educational and 
Cultural Exchange Act of 1961, as amended, or section 104 (h), (j), (k), 
(o), or (p) of the Agricultural Trade Development and Assistance Act of 
1954, as amended (7 U.S.C. 1704 (h), (j), (k), (o), (p));
    (2) Constitute either a grant made for a purpose authorized under 
any such agreement or law, or compensation for personal services 
performed in the employ of any organization engaged in administering any 
program or activity pursuant to any such agreement or law;
    (3) Are at least 70 percent of the entire amount of the grant or 
compensation; and
    (4) Are treated as income from sources without the United States 
under the provisions of sections 861 to 864, inclusive, and Sec. Sec. 
1.861-1 to 1.864, inclusive, of this chapter (Income Tax Regulations).



Sec. 301.6316-2  Definitions.

    For purposes of Sec. Sec. 301.6316-1 to 301.6316-9, inclusive:
    (a) The term tax, as used in Sec. Sec. 301.6316-1, 301.6316-3, 
301.6316-4, 301.6316-5, and 301.6316-6 means the income tax imposed for 
the taxable year by chapter 1 of the Internal Revenue Code of 1954, and 
as used in Sec. 301.6316-7 means the Federal Insurance Contributions 
Act taxes imposed by chapter 21 of the Code (or by the corresponding 
provisions of the Internal Revenue Code of 1939). The term ``tax'', as 
used in Sec. Sec. 301.6316-3 and 301.6316-9 shall relate to either of 
such taxes, whichever is appropriate.
    (b) The term nonconvertible foreign currency means currency of the 
government of a foreign country which, owing to (1) monetary, exchange, 
or other restrictions imposed by the foreign country, (2) an agreement 
entered into with the United States of America, or (3) the terms and 
conditions of the U.S. Government grant, is not convertible into U.S. 
dollars or into other money which is convertible into U.S. dollars. The

[[Page 233]]

term shall not, however, include currency which, notwithstanding such 
restrictions, agreement, terms, or conditions, is in fact converted into 
U.S. dollars or into property which is readily disposable for U.S. 
dollars.
    (c) If the taxpayer computes taxable income under the accrual 
method, then the term received shall be construed to mean ``accrued.''



Sec. 301.6316-3  Allocation of tax attributable to foreign currency.

    (a) Adjusted gross income ratio. The portion of the tax which is 
attributable to amounts received in nonconvertible foreign currency 
shall, for purposes of applying Sec. 301.6316-1 to the currency of each 
foreign country, be the amount by which:
    (1) The amount which bears the same ratio to the entire tax for the 
taxable year as (i) the taxpayer's adjusted gross income received in 
that currency bears to (ii) the adjusted gross income determined under 
section 62 by taking into account the entire gross income and all 
deductions allowable under that section without distinction as to 
amounts received in foreign currency, exceeds
    (2) The total of the allowable credits against tax, and payments on 
account of tax, which are properly allocable to the amount of that 
currency included in gross income.
    (b) Example. (1) For the calendar year 1955 Mr. Jones and his wife 
filed a joint return on which the adjusted gross income is as follows, 
after amounts received in foreign currency had been properly translated 
into United States dollars for tax computation purposes:

Fulbright grant received by Mr. Jones in nonconvertible foreign   $8,000
 currency......................................................
Dividends received by Mr. Jones entitled to dividends-received       500
 credit........................................................
Compensation for personal services of Mrs. Jones...............    3,000
Net profit from business carried on by Mrs. Jones..............    2,500
                                                                --------
   Total adjusted gross income.................................   14,000
 

    (2) The following amounts are allowable as properly deductible from 
adjusted gross income, no determination being made as to whether or not 
any part of them is properly allocable to the Fulbright grant:

Deduction for personal exemptions..............................   $3,000
Charitable contributions.......................................      500
Interest expense...............................................      400
Taxes..........................................................      300
                                                                --------
   Total allowable deductions..................................    4,200
 

    (3) For the taxable year the following amounts are allowable as 
credits against the tax, or as payments on account of the tax:

Foreign tax credit for foreign taxes paid on Fulbright grant..   $300.00
Dividends-received credit.....................................     20.00
Credit for income tax withheld upon compensation of Mrs. Jones    304.80
Payments of estimated tax (see Sec.  301.6316-
 6(b)(2) for determination of amounts):
  U.S. dollars......................................   $426.32
  Foreign currency..................................    893.88  1,320.20
                                                     -------------------
   Total allowable credits and payments.......................  1,945.00
 

    (4) The portion of the tax which is attributable to amounts received 
in nonconvertible foreign currency is $33.49, determined as follows:

Adjusted gross income.......................................  $14,000.00
Less: Allowable deductions..................................    4,200.00
                                                 -------------
    Taxable income..........................................    9,800.00
                                                 =============
Tax computed under section 2................................    2,148.00
Ratio of adjusted gross income received in nonconvertible          57.14
 foreign currency to entire adjusted gross income ($8,000/
 $14,000) (percent).........................................
Portion of tax attributable to nonconvertible foreign          $1,227.37
 currency ($2,148x57.14 percent)............................
Less:
  Credit for foreign taxes paid on Fulbright         $300.00
   grant........................................
Payment in foreign currency of estimated tax....      893.88    1,193.88
                                                 -----------------------
    Portion of tax attributable to amounts received in             83.49
     nonconvertible foreign currency........................
 



Sec. 301.6316-4  Return requirements.

    (a) Place for filing. A return of income which includes amounts 
received in foreign currency on which the tax is paid in accordance with 
Sec. 301.6316-1 shall be filed with the Director of International 
Operations, Internal Revenue Service, Washington, D.C. 20225. For the 
time for filing income tax returns, see sections 6072 and 6081 and 
Sec. Sec. 1.6072-1, 1.6081-1, and 1.6081-2 of this chapter (Income Tax 
Regulations).
    (b) Statements required. (1) A statement, prepared by the taxpayer, 
and certified by the foundation, commission, or other person having 
control of the payments made to the taxpayer in nonconvertible foreign 
currency, shall be attached to the return showing that for the taxable 
year involved the taxpayer is entitled to pay tax in foreign currency in 
accordance with section

[[Page 234]]

6316 and the regulations thereunder. This statement shall disclose the 
total amount of grants or compensation received by the taxpayer during 
the taxable year under the authority of section 32(b) of the Surplus 
Property Act of 1944, as amended (50 U.S.C. App. 1641(b)(2)), or of the 
Mutual Educational and Cultural Exchange Act of 1961, as amended (22 
U.S.C. 2451), or section 104 (h), (j), (k), (o), or (p) of the 
Agricultural Trade Development and Assistance Act of 1954, as amended (7 
U.S.C. 1704 (h), (j), (k), (o), (p)), and the amount thereof paid in 
nonconvertible foreign currency. It shall also state that with respect 
to the grant or compensation the applicable percentage requirement of 
Sec. 301.6316-1 is satisfied.
    (2) The taxpayer shall also attach to the return a detailed 
statement showing (i) the computation, in the manner prescribed by Sec. 
301.6316-3, of the portion of the tax attributable to amounts received 
in nonconvertible foreign currency and (ii) the rates of exchange used 
in determining the tax liability in U.S. dollars. See paragraph (c) of 
Sec. 301.6316-5.



Sec. 301.6316-5  Manner of paying tax by foreign currency.

    (a) Time and place to pay. The unpaid tax required to be shown on a 
return filed in accordance with Sec. 301.6316-4, whether payable in 
whole or in part in foreign currency, is due and payable to the Director 
of International Operations, Internal Revenue Service, Washington, D.C. 
20225, at the time the return is filed. However, see paragraph (d) of 
this section with respect to the depositing of the foreign currency with 
the disbursing officer of the Department of State.
    (b) Certified statement. Every taxpayer who desires to pay tax in 
foreign currency under the provisions of Sec. 301.6316-1 shall first 
obtain the certified statement referred to in paragraph (b)(1) of Sec. 
301.6316-4.
    (c) Determination of the tax. In determining the tax payable for the 
taxable year in U.S. dollars, the taxpayer, with respect to amounts 
described in paragraph (a) of Sec. 301.6316-1, or amounts described in 
paragraph (b) of Sec. 301.6316-1 received before November 1, 1965, 
shall use the rates of exchange which most clearly reflect the correct 
tax liability in dollars, whether it be the official rate, the open 
market rate, or any other appropriate rate. With respect to amounts 
described in paragraph (b) of Sec. 301.6316-1 received on or after 
November 1, 1965, the taxpayer shall use the official rate of exchange 
in determining the tax payable for the taxable year in U.S. dollars. 
After determining the correct tax liability in U.S. dollars the taxpayer 
shall then ascertain, in accordance with the principles of Sec. 
301.6316-3, the portion of the tax which is attributable to amounts 
received in nonconvertible foreign currency.
    (d) Deposit of foreign currency with disbursing officer. (1) After 
the portion of the tax which is attributable to amounts received in 
nonconvertible foreign currency is determined in U.S. dollars, the 
amount so determined shall be deposited in the same nonconvertible 
foreign currency with the disbursing officer of the Department of State 
for the foreign country where the fund is located from which the 
payments in nonconvertible foreign currency are made to the taxpayer. 
The amount of foreign currency to be deposited shall be that amount 
which, when converted at the rate of exchange used on the date of 
deposit by that disbursing officer for the acquisition of such currency 
for his official disbursements, equals the portion of the tax so 
determined in U.S. dollars.
    (2) The disbursing officer may rely upon the taxpayer for the 
determination of the amount of tax payable in foreign currency but may 
not accept any such currency for deposit until the taxpayer has 
presented for inspection the certified statement referred to in 
paragraph (b)(1) of Sec. 301.6316-4. Upon acceptance of foreign 
currency for deposit the disbursing officer shall give the taxpayer a 
receipt in duplicate showing the name and address of the depositor, the 
date of the deposit, the amount of foreign currency deposited, and its 
equivalent in U.S. dollars on the date of deposit.
    (3) Every taxpayer making a deposit of foreign currency in 
accordance with this paragraph shall attach to the return required to be 
filed in accordance with Sec. 301.6316-4, in part or full payment of 
the taxes shown thereon, the

[[Page 235]]

original of the receipt given by the disbursing officer and shall pay to 
the Director of International Operations in U.S. dollars the balance, if 
any, of the tax shown to be due. Tender of such receipt to the Director 
of International Operations shall be considered as payment of tax in an 
amount equal to the U.S. dollars represented by the receipt.
    (4) A taxpayer shall make the deposit required by this paragraph in 
ample time to permit him to attach the receipt to his return for filing 
within the time prescribed by section 6072 or 6081 and Sec. Sec. 
1.6072-1, 1.6081-1, and 1.6081-2 of this chapter (Income Tax 
Regulations).



Sec. 301.6316-6  Declarations of estimated tax.

    (a) Filing of declaration. A declaration of estimated tax in respect 
of amounts on which the tax is to be paid in foreign currency under the 
provisions of Sec. 301.6316-1 shall be filed with the Director of 
International Operations, Internal Revenue Service, Washington, D.C. 
20225, and shall have attached thereto the statements required by 
paragraph (b) (1) and (2)(i) of Sec. 301.6316-4 in respect of the tax 
return except that the statement certified by the foundation, 
commission, or other person having control of the payments to the 
taxpayer in nonconvertible foreign currency may be based upon amounts 
expected to be received by the taxpayer during the taxable year if they 
are not in fact known at the time of certification. A copy of this 
certified statement shall be retained by the taxpayer for the purpose of 
exhibiting it to the disbursing officer when making installment deposits 
of foreign currency under the provisions of paragraph (c) of this 
section. For the time for filing declarations of estimated tax, see 
sections 6073 and 6081 and Sec. Sec. 1.6073-1 to 1.6073-4, inclusive, 
and Sec. Sec. 1.6081-1 and 1.6081-2 of this chapter (Income Tax 
Regulations).
    (b) Determination of estimated tax--(1) Allocation of tax 
attributable to foreign currency. In determining the amount of estimated 
tax for purposes of this section, all items of income, deduction, and 
credit, whether or not attributable to amounts received in 
nonconvertible foreign currency, shall be taken into account. The 
portion of the estimated tax which is attributable to amounts to be 
received during the taxable year in nonconvertible foreign currency 
shall be determined consistently with the manner prescribed by Sec. 
301.6316-3.
    (2) Example. (i) For the calendar year 1955 Mr. Jones and his wife 
filed a joint declaration of estimated tax in the determination of which 
the adjusted gross income was estimated to be as follows, after amounts 
to be received in foreign currency had been properly translated into 
U.S. dollars for tax computation purposes:

Fulbright grant to be received by Mr. Jones in nonconvertible     $8,000
 foreign currency..............................................
Dividends to be received by Mr. Jones entitled to dividends-         875
 received credit...............................................
Compensation to be received by Mrs. Jones for personal services    3,000
Net profit to be derived from business carried on by Mrs. Jones    1,625
                                                                --------
   Total estimated adjusted gross income.......................   13,000
 

    (ii) The following amounts were determined to be allowable as 
properly deductible from estimated adjusted gross income, no 
determination being made as to whether or not any part of them was 
properly allocable to the Fulbright grant:

Deduction for personal exemptions..............................   $3,000
Charitable contributions.......................................      300
Interest expense...............................................      400
Taxes..........................................................      300
                                                                --------
   Total allowable deductions..................................    4,000
 

    (iii) The following estimated amounts were determined to be 
allowable as credits against the tax for the taxable year:

Foreign tax credit for foreign taxes to be paid on               $300.00
 Fulbright grant...........................................
Credit for income tax expected to be withheld upon                304.80
 compensation of Mrs. Jones................................
Dividends-received credit..................................        15.00
                                                            ------------
   Total allowable estimated credits.......................       619.80
 

    (iv) The portion of the estimated tax which is attributable to 
amounts to be received during the taxable year in nonconvertible foreign 
currency is $893.88, determined as follows:

Estimated adjusted gross income............................   $13,000.00
Less: Allowable deductions.................................     4,000.00
                                                            ------------
   Estimated taxable income................................     9,000.00
Tax computed under section 2...............................     1,940.00
Ratio of estimated adjusted gross income to be received in         61.54
 nonconvertible foreign currency to entire estimated
 adjusted gross income ($8,000/$13,000) (percent)..........
Portion of above tax attributable to nonconvertible foreign     1,193.88
 currency ($1,940x61.54 percent)...........................

[[Page 236]]

 
Less: Credit for foreign taxes expected to be paid on             300.00
 Fulbright grant...........................................
                                                            ------------
   Portion of estimated tax which is attributable to              893.88
   amounts to be received during the taxable year in
   nonconvertible foreign currency.........................
 

    (v) The portion of the estimated tax which is payable in U.S. 
dollars is $426.32, determined as follows:

Tax computed under section 2...............................    $1,940.00
Less: Total allowable estimated credits....................       619.80
                                                            ------------
   Total estimated tax.....................................     1,320.20
Less: Portion of estimated tax payable in foreign currency.       893.88
                                                            ------------
   Portion of estimated tax payable in U.S. dollars........       426.32
 

    (c) Payment of estimated tax. (1) The provisions of Sec. 301.6316-5 
relating to the certified statement, determination of the tax, and the 
depositing of the foreign currency shall apply for purposes of this 
section. The full amount of estimated tax payable in foreign currency, 
as determined under paragraph (b) of this section, may be deposited 
before the date prescribed for the payment thereof.
    (2) Every taxpayer making a deposit of foreign currency in 
accordance with this paragraph shall tender to the Director of 
International Operations, Internal Revenue Service, Washington, D.C. 
20225, the original of the receipt from the disbursing officer as 
payment, to the extent of the amount represented thereby in U.S. 
dollars, of the estimated tax. For the dates prescribed for the payment 
of estimated tax, see sections 6153 and 6161 and Sec. Sec. 1.6153-1 to 
1.6153-4, inclusive, and Sec. 1.6161-1 of this chapter (Income Tax 
Regulations). A taxpayer should make the deposit required by this 
paragraph in ample time to permit him to tender such receipt by the date 
prescribed for payment of the estimated tax.
    (d) Credit on return for the taxable year. The receipt given by the 
disbursing officer of the Department of State and tendered in payment of 
estimated tax under this section shall, for purposes of paragraph (a)(2) 
of Sec. 301.6316-3, be considered as payment on account of the tax for 
the taxable year. The amount so considered to be paid shall be the 
amount in U.S. dollars represented by the receipt.



Sec. 301.6316-7  Payment of Federal Insurance Contributions Act taxes in foreign currency.

    (a) In general. The taxes imposed on employees and employers by 
sections 3101 and 3111, respectively, of chapter 21 of the Code (Federal 
Insurance Contributions Act) or the corresponding sections of the 
Internal Revenue Code of 1939 may, with respect to wages (as defined in 
section 3121(a) of chapter 21 of the Code or the corresponding section 
of the Internal Revenue Code of 1939) paid in nonconvertible foreign 
currency (as defined in paragraph (b) of Sec. 301.6316-2) for services 
performed on or after January 1, 1951, be paid in that currency if all 
such wages--
    (1) Are paid from funds made available to a foundation or commission 
established in a foreign country pursuant to an agreement made under the 
authority of section 32(b) of the Surplus Property Act of 1944, as 
amended (50 U.S.C. App. 1641(b)(2)), or established or continued 
pursuant to an agreement made under authority of the Mutual Educational 
and Cultural Exchange Act of 1961, as amended (22 U.S.C. 2451); and
    (2) Are paid to a U.S. citizen for services performed in the employ 
of such foundation or commission.
    (b) Return requirements--(1) Statements required. (i) A return on 
which payment of Federal Insurance Contributions Act taxes is made in 
accordance with this section shall have attached thereto a statement, 
certified by the foundation or commission filing the return, stating 
that the foundation or commission is an organization established 
pursuant to an agreement made under authority of section 32(b) of the 
Surplus Property Act of 1944, as amended, or established or continued 
pursuant to an agreement made under authority of the Mutual Educational 
and Cultural Exchange Act of 1961, as amended.
    (ii) The taxpayer shall also attach to the return a statement 
showing the rates of exchange used in determining in United States 
dollars the wages reported on the return and the taxes due with respect 
thereto. See paragraph (c)(1) of this section.
    (2) Cross references. For the place for filing returns of the 
Federal Insurance Contributions Act taxes, see Sec. 31.6091-

[[Page 237]]

1(c) of this chapter (Employment Tax Regulations). For the time for 
filing returns of the Federal Insurance Contributions Act taxes, see 
Sec. 31.6071(a)-1 of this chapter (Employment Tax Regulations).
    (c) Payment of tax--(1) Determination of the tax. In determining in 
U.S. dollars the wages required to be reported on the return and the 
taxes due with respect thereto, the taxpayer shall use the rate of 
exchange which most clearly reflects the correct equivalent in dollars, 
whether it be the official rate, the open market rate, or any other 
appropriate rate.
    (2) Deposit of foreign currency with disbursing officer. (i) After 
determination is made in U.S. dollars of the Federal Insurance 
Contributions Act taxes with respect to wages paid in nonconvertible 
foreign currency, the amount so determined shall be deposited in the 
same nonconvertible foreign currency with the disbursing officer of the 
Department of State for the foreign country where the fund is located 
from which such wages were paid. The amount of the foreign currency to 
be deposited shall be that amount which, when converted at the rate of 
exchange used on the date of deposit by the disbursing officer for the 
acquisition of such currency for his official disbursements, equals the 
taxes determined in U.S. dollars.
    (ii) The disbursing officer may rely upon the taxpayer for the 
determination of the amount of tax payable in foreign currency but may 
not accept any such currency for deposit until the taxpayer has 
presented for inspection the certified statement referred to in 
paragraph (b)(1) of this section. Upon acceptance of foreign currency 
for deposit the disbursing officer shall give the taxpayer a receipt in 
duplicate showing the name and address of the depositor, the date of the 
deposit, the amount of foreign currency deposited and its equivalent in 
U.S. dollars on the date of deposit, and the kind of tax for which the 
deposit is made.
    (iii) Every taxpayer making a deposit of foreign currency in 
accordance with this paragraph shall attach to the return required to be 
filed in accordance with paragraph (b) of this section the original of 
the receipt given by the disbursing officer. Tender of such receipt to 
the Director of International Operations shall be considered as payment 
of tax in an amount equal to the U.S. dollars represented by the 
receipt.
    (iv) A taxpayer shall make the deposit required by this paragraph in 
ample time to permit it to attach the receipt to its return for filing 
within the time prescribed by Sec. 31.6071(a)-1 of this chapter 
(Employment Tax Regulations).



Sec. 301.6316-8  Refunds and credits in foreign currency.

    (a) Refunds. The refund of any overpayment of tax which has been 
paid under section 6316 in foreign currency may, in the discretion of 
the Commissioner, be made in the same foreign currency by which the tax 
was paid. The amount of any such refund made in foreign currency shall 
be the amount of the overpayment in U.S. dollars converted, on the date 
of the refund check, at the rate of exchange then used for his official 
disbursements by the disbursing officer of the Department of State in 
the country where the foreign currency was originally deposited.
    (b) Credits. Unless otherwise in the best interest of the Internal 
Revenue Service, no credit of any overpayment of tax which has been paid 
under section 6316 in foreign currency shall be allowed against any 
outstanding liability of the person making the overpayment except in 
respect of that portion or the liability which, in accordance with Sec. 
301.6316-1 or Sec. 301.6316-7, would otherwise be permitted to be paid 
in the same foreign currency.



Sec. 301.6316-9  Interest, additions to tax, etc.

    Any reference in Sec. Sec. 301.6316-1 to 301.6316-8, inclusive, to 
``tax'' shall be deemed also to refer to the interest, additions to the 
tax, additional amounts, and penalties attributable to the tax.

                             Lien for Taxes



Sec. 301.6320-1  Notice and opportunity for hearing upon filing of notice of Federal tax lien.

    (a) Notification--(1) In general. For a notice of Federal tax lien 
(NFTL) filed

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on or after January 19, 1999, the Commissioner, or his or her delegate 
(the Commissioner), will prescribe procedures to notify the person 
described in section 6321 of the filing of a NFTL not more than five 
business days after the date of any such filing. The Collection Due 
Process Hearing Notice (CDP Notice) and other notices given under 
section 6320 must be given in person, left at the dwelling or usual 
place of business of such person, or sent by certified or registered 
mail to such person's last known address, not more than five business 
days after the day the NFTL was filed. For further guidance regarding 
the definition of last known address, see Sec. 301.6212-2.
    (2) Questions and answers. The questions and answers illustrate the 
provisions of this paragraph (a) as follows:
    Q-A1. Who is the person entitled to notice under section 6320?
    A-A1. Under section 6320(a)(1), notification of the filing of a NFTL 
on or after January 19, 1999, is required to be given only to the person 
described in section 6321 who is named on the NFTL that is filed. The 
person described in section 6321 is the person liable to pay the tax due 
after notice and demand who refuses or neglects to pay the tax due 
(hereinafter, referred to as the taxpayer).
    Q-A2. When will the Internal Revenue Service (IRS) provide the 
notice required under section 6320?
    A-A2. The IRS will provide this notice within five business days 
after the filing of the NFTL.
    Q-A3. Will the IRS give notification to the taxpayer for each tax 
period listed in a NFTL filed on or after January 19, 1999?
    A-A3. Yes. A NFTL can be filed for more than one tax period. The 
notification of the filing of a NFTL will specify each unpaid tax and 
tax period listed in the NFTL.
    Q-A4. Will the IRS give notification to the taxpayer of any filing 
of a NFTL for the same tax period or periods at another place of filing?
    A-A4. Yes. The IRS will notify a taxpayer when a NFTL is filed on or 
after January 19, 1999, for a tax period or periods at any recording 
office.
    Q-A5. Will the IRS give notification to the taxpayer if a NFTL is 
filed on or after January 19, 1999, for a tax period or periods for 
which a NFTL was filed in another recording office prior to that date?
    A-A5. Yes. The IRS will notify a taxpayer when each NFTL is filed on 
or after January 19, 1999, for a tax period or periods at any recording 
office.
    Q-A6. Will the IRS give notification to the taxpayer when a NFTL is 
refiled on or after January 19, 1999?
    A-A6. No. Section 6320(a)(1) does not require the IRS to notify the 
taxpayer of the refiling of a NFTL. A taxpayer may, however, seek 
reconsideration by the IRS office that is collecting the tax or refiling 
the NFTL, an administrative hearing before the IRS Office of Appeals 
(Appeals), or assistance from the National Taxpayer Advocate.
    Q-A7. Will the IRS give notification to a known nominee of, or a 
person holding property of, the taxpayer of the filing of the NFTL?
    A-A7. No. Such person is not the person described in section 6321 
and, therefore, is not entitled to notice, but such persons have other 
remedies. See A-B5 of paragraph (b)(2) of this section.
    Q-A8. Will the IRS give notification to the taxpayer when a 
subsequent NFTL is filed for the same period or periods?
    A-A8. Yes. If the IRS files an additional NFTL with respect to the 
same tax period or periods for which an original NFTL was filed, the IRS 
will notify the taxpayer when the subsequent NFTL is filed. Not all such 
notices will, however, give rise to a right to a CDP hearing (see 
paragraph (b) of this section).
    Q-A9. How will notification under section 6320 be accomplished?
    A-A9. The IRS will notify the taxpayer by letter. Included with this 
letter will be the additional information the IRS is required to provide 
taxpayers as well as, when appropriate, a Form 12153, Request for a Due 
Process Hearing. The IRS may effect delivery of the letter (and 
accompanying materials) in one of three ways: by delivering the notice 
personally to the taxpayer; by leaving the notice at the taxpayer's 
dwelling or usual place of business; or by mailing the notice to the 
taxpayer at his last known address by certified or registered mail.

[[Page 239]]

    Q-A10. What must a CDP Notice given under section 6320 include?
    A-A10. These notices must include, in simple and nontechnical terms:
    (