(f) Change in Type (or initial determination of Type) of a 509(a)(3) organization; (g) Reclassification of foundation status, including a voluntary request from a public charity for private foundation status; (h) Termination of private foundation status under 507(b)(1)(B)advance ruling request; and. Every countrys mix of taxes is different, depending on factors such as its economic situation and policy goals. There is no right to appeal the denial of a request for extension. (76) Sections 511, 512, 513, and 514.See section 3.01(72), above. (a) except for non-automatic Forms 3115, include the following typed or printed language at the top of the letter ruling request: REQUEST FOR USER FEE UNDER SECTION 15.07 OF REV. See Rev. If the request is from an Appeals office, the field office must advise Appeals Policy that a request has been submitted by accessing the Tax Policy and Procedure I SharePoint site and selecting Enter New Question. The field office will include Attn: TAM Requested in the subject line of the submission. (9) Statement of contrary authorities. (e) Taxpayer may protest deletions not made. (1) Whether the economic substance doctrine is relevant to any transaction or whether any transaction complies with the requirements of 7701(o). . Employers submitting requests on behalf of all other individually designed plans should file the most recent version of the Form 5300. . In this case, the executor or administrator of the decedents estate or the grantor must provide the certification required under paragraph (B)(1) of this Appendix. For purposes of paragraphs (B)(2), (3) and (4) of this Appendix, the following rules apply for determining gross income. (6) Section 4.01(44), regarding 851, has been added to incorporate the provisions of Rev. .06 In order to ensure that the taxpayer conference is productive, the taxpayer should make a reasonable effort to supply all information, documents, and arguments in writing well before the conference. (b) Automatic change request. The request for subsequent approvals of substantially identical plans must (1) state that a prior plan was submitted and approved and include a copy of the prior plan and approval; (2) state that the subsequent plan is substantially identical to the approved plan; and (3) describe any differences between the approved plan and the subsequent plan. 392; Rev. However, the Service may rule regarding the legal interpretation of a particular provision of 937(a) or the regulations thereunder. Proc. The Service does not consider the non-acceptance of an application under section 4.10 to be a refusal to recognize an organization as tax-exempt. (114) Section 4942.See section 3.01(111), above. (8) Procedures for requesting 7805(b) relief were modified to reflect delegation of authority to Division Counsel (TEGEDC) to limit retroactive revocation or modification of a determination letter or letter ruling issued by Employee Plans Rulings and Agreements. (7) Procedures for describing the types of advice provided by Employee Plans Rulings and Agreements were revised to reflect that revenue rulings, information letters, and waivers of the minimum funding standard are no longer issued by Employee Plans Rulings and Agreements, but instead are issued by the Office of Associate Chief Counsel. All requests must be submitted in English. 20175, this Bulletin, for the procedures for obtaining determination letters on public charity status under 170. 1. Disclosure of Applications and Determination Letters, Determination letter will be disclosed under 6104 or 6110 depending on the type of request and the type of determination letter issued, Disclosure of applications, supporting documents, and favorable determination letters under 6104, Disclosure of determination letters under 6110, Taxpayer may protest disclosure under 6110 of certain information in a determination letter, Taxpayer may request delay of public inspection under 6110, Disclosure to State officials when the Service refuses to recognize exemption under 501(c)(3), Disclosure to State officials of information about 501(c)(3) applicants. 20171, this Bulletin. To avoid a delay in the ruling process, contrary authorities should be brought to the attention of the Service at the earliest possible opportunity. . . 8436, 19841 C.B. . . required with draft letter ruling . 20173, this Bulletin). . Additional information submitted to Employee Plans Rulings and Agreements must be accompanied by the following declaration: Under penalties of perjury, I declare that I have examined this information, including accompanying documents, and, to the best of my knowledge and belief, the information contains all the relevant facts relating to the request for the information, and such facts are true, correct, and complete. This declaration must be signed in accordance with the requirements in section 6.02(14)(b) of this revenue procedure. ; Imposition of Tax on Unrelated Business Income of Charitable, Etc., Organizations; Unrelated Business Taxable Income; Unrelated Trade or Business; Unrelated Debt-Financed Income.Whether a joint venture between a tax-exempt organization and a for-profit organization affects an organizations exempt status or results in unrelated business income. . Rev. ], c. [Provide the statement required by section 7.01(5)(b) regarding whether the taxpayer, a related taxpayer, a predecessor, or any representatives previously submitted a request (including an application for change in method of accounting) involving the same or similar issue but withdrew the request before a letter ruling or determination letter was issued. . Proc. . . When more than one branch of an Associate office has taken an adverse position on issues in the request or when the position ultimately adopted by one branch will affect another branchs determination, a representative from each branch with authority to sign in his or her own name, or for the branch chief, will participate in the conference. (Note that certain issues involving individual retirement accounts (IRAs) are under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division. . . .06 Effective date of revocation or modification. These communications will be treated as third party contacts for purposes of 6110. Is each IRA identification number included? Proc. 4980B Failure to satisfy continuation coverage requirements of group health plans. 593. (1) Request for letter ruling. . . Section 14. 20173) presented in a transaction described in 332, 351, 355, 368, or 1036. See section 25.04 of this revenue procedure. (2) Copies of all organizing documents, bylaws, contracts, wills, deeds, agreements, instruments, and other documents. . 200467, Rev. (63) Section 424.Definitions and Special Rules.Whether the substitution of a new Incentive Stock Option (ISO) for an old ISO, or the assumption of an old ISO, by an employer by reason of a corporate transaction constitutes a modification which results in the issuance of a new option by reason of failing to satisfy the spread test requirement of 424(a)(1) or the ratio test requirement of 1.4251(a)(4). . Whether amounts discharged in a nonlending transaction are reportable under 6050P and the regulations. Expedited handling with respect to a letter ruling request means that the request is processed ahead of the regular order. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB number. . Have you included, rather than merely incorporated by reference, all material facts from the documents in the request? . .01 Section 338.Certain Stock Purchases Treated as Asset Acquisitions.All requests for an extension of time under 301.91003 within which to make an election under 338(g) or (h)(10) where the Service has provided an administrative procedure to seek such an extension. . The statement should include a description of all pertinent facts (including any facts in dispute); a statement of the issue that the taxpayer would like to have addressed; a discussion of any relevant legal authority, including legislation, tax treaties, court decisions, regulations, notices, revenue rulings, revenue procedures, or announcements; and an explanation of the taxpayers position and the need for technical advice. VEBAs requesting a letter ruling on a proposed transaction involving the use or transfer of VEBA assets should consider the tax consequences under 501(c)(9), 505, 511, and 512, and should also include with the request a copy of the VEBAs most recent letter addressing its status under 501(c)(9). .02 Which form, if any, should be used for the request? 9341, 19932 C.B. .01 Employee Plans Rulings and Agreements issues letter rulings on proposed transactions and on completed transactions either before or after the taxpayers return covering the issue presented in a ruling request is filed. If you are requesting relief under 301.9100, and your request involves a year that is currently under examination or with appeals, have you included the required notification, which also provides the name and telephone number of the examining agent or appeals officer? Proc. . Does the Plan provide that transferred assets and income attributable to such assets shall be used only to pay qualified current retiree liabilities for the taxable year of transfer? You have the right to submit to EP Determinations, at the above address, either individually or jointly with other interested parties, your comments as to whether this plan meets the qualification requirements of the Internal Revenue Code. (4) Sections 355 and 361.Distribution of Stock and Securities of a Controlled Corporation; Nonrecognition of Gain or Loss to Corporations; Treatment of Distributions.Whether either 355 or 361 applies to a distributing corporations distribution of stock or securities of a controlled corporation in exchange for, and in retirement of, any putative debt of the distributing corporation if such distributing corporation debt is issued in anticipation of the distribution. . . .04 If a request for technical advice is withdrawn or an Associate office decides not to provide a TAM, the Associate office may address the substantive issues through other published guidance. (3) Form 5316, Application for Group or Pooled Trust Ruling, including a copy of the Procedural Requirements Checklist. . The plan will be reviewed on the basis of the Cumulative List that was used to review the underlying pre-approved plan. That was the last MS-DOS version of Windows, allowing for an even faster evolution of services since. . The Field office will notify the taxpayer that the matter has been referred. . . The taxpayer is not required to prepare a draft letter ruling to receive a letter ruling. See also Rev. The decision of the field office on whether to approve an extension, and the length of any extension granted, is final and may not be appealed. 200862, 200842 I.R.B. 832 (for approval of areas of chronic economic distress); and Rev. 677; Rev. Appeals, however, will not settle an issue contrary to a TAM if it concerns an organizations exempt status or private foundation classification, or if it concerns an employee plans status or qualification. See sections 7, 8, 10, 11, and 12 of Rev. .02 If the subject matter of the request involves a transaction among multiple taxpayers, the field office may submit a request for a single TAM, but only if each taxpayer agrees to participate in the process, including the furnishing of Forms 8821, Tax Information Authorization, or other written disclosure consent, as appropriate. . Sam's Club operating income grew by 41.1% YOY and net sales climbed by 16.5% YOY for Q4 FY 2022. .02 In general, user fees apply to all requests for determination letters described in this revenue procedure. . The notice described in section 20.01 of this revenue procedure shall be deemed given when it is posted or sent to the person in the manner described in 1.74762. 8956, 19892 C.B. Proc. Service . . Submission procedures for VCP are set forth in section 11 of Rev. (3) For requests for the return to the employer of certain nondeductible contributions, see Rev. If the worker makes the request and the firm has been contacted for information, both the worker and the firm will receive any issued letter ruling. . . . Sam's Club reported an operating income of $549 million on net sales of $19.2 billion for Q4 FY 2022. . Circular No. . 24. .06 Determination letters issued under sections 12.01 through 12.04 of this revenue procedure are not reviewed by the Associate offices before they are issued. . The ruling[s] contained in this letter only address[es] one or more discrete legal issues involved in the transaction. 1160. See section 12.01 of this revenue procedure. 36. (1) To request separate letter rulings for multiple issues in a single situation. Proc. . . . The taxpayers statement of facts and issues must be accompanied by the following declaration: Under penalties of perjury, I declare that I have examined this information, including accompanying documents, and, to the best of my knowledge and belief, the information contains all the relevant facts relating to the request for technical advice, and such facts are true, correct, and complete. This declaration must be signed in accordance with the requirements in section 7.01(15)(b) of Rev. . 23 and 36C Adoption credit for foreign adoptions, 103 and 141150 Issuance of state or local obligations. 20171, this Bulletin. .04 This revenue procedure is updated annually, but it may be modified, amplified or clarified during the year. . 20171, of this Bulletin, and the payment of the applicable user fee is determined under Appendix A of Rev. 200210, 20021 C.B. . (i) A mere restatement of exempt purposes or a statement that proposed activities will be in furtherance of such purposes will not satisfy this requirement. Rate orders; regulatory agency; normalization. (49) Sections 2035, 2036, 2037, 2038, and 2042.Adjustments for Certain Gifts Made Within Three Years of Decedents Death; Transfers with Retained Life Estate; Transfers Taking Effect at Death; Revocable Transfers; Proceeds of Life Insurance.Whether trust assets are includible in a trust beneficiarys gross estate under 2035, 2036, 2037, 2038, or 2042 if the beneficiary sells property (including insurance policies) to the trust or dies within 3 years of selling such property to the trust, and (i) the beneficiary has a power to withdraw the trust property (or had such power prior to a release or modification, but retains other powers which would cause that person to be the owner if the person were the grantor), other than a power which would constitute a general power of appointment within the meaning of 2041, (ii) the trust purchases the property with a note, and (iii) the value of the assets with which the trust was funded by the grantor is nominal compared to the value of the property purchased. . All documents that are pertinent to the request (including organizing documents, bylaws, contracts, wills, deeds, agreements, instruments, trust documents, and proposed disclaimers) must be submitted with the request. Part III contains procedures for private letter rulings within the jurisdiction of Employee Plans Rulings and Agreements. . . . 25. NOTE TO PRINTER: Please layout and print Rev. . A request to fax a copy of the letter ruling to the taxpayer or the taxpayers authorized representative must be made in writing, either as part of the original letter ruling request or prior to the approval of the letter ruling. Proc. (1) Additional information must be submitted within 21 calendar days. Space is reserved for the attachment of the applicable user fee check. The Service may issue a determination letter in this case. . . 200222, 20021 C.B. In this situation, the nonresident alien or foreign entity must submit the request for a determination letter on the individuals or entitys own behalf or through a person referred to in paragraph (a), (b), or (c) of this Appendix B. . Proc. 200146, 20012 C.B. Proc. Ordinarily, the user fee will not be returned for a letter ruling request that is withdrawn. . If a request involves several unrelated transactions, a request for a change in method of accounting involves several unrelated items or submethods of accounting, or a request for a change in accounting period involves several unrelated items, each transaction or item is treated as a separate request. If two or more taxpayers are parties to a transaction and each requests a letter ruling, each taxpayer must satisfy the rules herein and additional user fees may apply. 230 authorizes the Commissioner to allow an individual who is not otherwise eligible to practice before the Service to represent another person in a particular matter. (27) Sections 331 and 346(a).Gain or Loss to Shareholders in Corporate Liquidations; Complete Liquidation.The tax effect of the liquidation of a corporation by a series of distributions, when the distributions in liquidation are to be made over a period in excess of 3 years from the adoption of the plan of liquidation. . This applies to plans established under 451 by employers in the private sector and to plans of state and local governments and tax-exempt organizations under 457. . (1) Sections 302 and 304.Distributions in Redemption of Stock; Redemptions Through Use of Related Corporations.Treatment of basis in a 302/304 redemption. (a) If an application is procedurally deficient, EP Determinations will send the applicant a letter identifying the missing information. . . . State and local sales tax rates in the United States are relatively low by comparison. . 20175, this Bulletin, for the procedures for issuing determination letters on tax-exempt status under 501. Expedited handling is granted only in rare and unusual cases, both out of fairness to other taxpayers and because Employee Plans Rulings and Agreements seeks to process all requests as expeditiously as possible and to give appropriate deference to normal business exigencies in all cases not involving expedited handling. . The Office of Associate Chief Counsel (Tax Exempt and Government Entities) may issue letter rulings regarding the effect of proposed state, local, or municipal legislation upon an eligible deferred compensation plan under 457(b) provided that the letter ruling request relating to the plan complies with the other requirements of this revenue procedure. authorized representatives . . . In the case of a request for a determination letter made by filing Form 1024, an officer, a trustee who is authorized to sign, or a representative authorized by a power of attorney (see section 4.05 of this revenue procedure), must sign the application. . . A separate Form 6088 is required for each employer employing such employees. . Notwithstanding the foregoing, eligible organizations may seek recognition of exemption under 501(c)(3) by submitting a completed Form 1023-EZ, as described in section 6.06(2) of this revenue procedure, rather than by submitting Form 1023. .08 Additional information should be sent to the same address as the original letter ruling request. (c) there have been undue delays in issuing a determination letter caused by a Service error. This request may occur, for example, if a taxpayer wants a conference of right but believes that the issue involved does not warrant incurring the expense of traveling to Washington, DC. These include white papers, government data, original reporting, and interviews with industry experts. The Service makes the information letters available to the public under the Freedom of Information Act (the FOIA). . 19. (7) Section 362.See section 5.01(2), above. (4) Sections 45 and 48.Electricity Produced from Certain Renewable Resources, Etc. Finally, this revenue procedure provides guidance on applicable user fees for requesting determination letters. Proc. . .07 If the submitted plan is the result of a merger of two or more plans, the applicant must include a copy of the prior determination letter for each of the plans that were combined to result in the merged plan. . Section 5 sets forth those areas in which the Service is temporarily not issuing rulings or determination letters because those matters are under study. Failure to disclose a material fact or misrepresentation of a material fact adversely affects the reliance that would otherwise be obtained through the issuance by EP Determinations of a favorable determination letter. . . . .02 If the request involves an issue on which the Service will not issue a letter ruling or determination letter, the request will not be forwarded to an Associate office. . Taxpayer participation is preferred but not required in order to process a TAM. The principal author of this Revenue Procedure is Chelsea Rubin of the Office of Associate Chief Counsel (Tax Exempt and Government Entities). 20171, this Bulletin. . What are the specific procedures for determination letter requests on Form 8940? If the taxpayer does not submit the information requested during the initial or subsequent contacts within the time provided, the letter ruling request will be closed and the taxpayer will be notified in writing. 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